Business and Professions Code - BPC - BPC § 22948.32

Summary

(a) (1) An account manager that fails to deny a perpetrator access in compliance with subdivision (a) of Section 22948.31 or otherwise does not comply with the requirements described in Section 22948.31 shall be deemed in violation of this chapter. (2) A perpetrator that maintain

Text

(a)
(1)
An account manager that fails to deny a perpetrator access in compliance with subdivision (a) of Section 22948.31 or otherwise does not comply with the requirements described in Section 22948.31 shall be deemed in violation of this chapter.
(2)
A perpetrator that maintains or exercises device or account access, including by disturbing the peace of the other party, as described in subdivision (c) of Section 6320 of the Family Code, despite having their device or account access denied pursuant to subdivision (a) of Section 22948.31, shall be deemed in violation of this chapter.
(b)
(1)
Actions for relief pursuant to this chapter may be prosecuted exclusively in a court of competent jurisdiction in a civil action brought by any person injured by the violation or in the name of the people of the State of California by the Attorney General, a district attorney, county counsel, a city attorney, or a city prosecutor.
(2)
A court may enjoin a person or entity who engages, has engaged, or proposes to engage in a violation of this chapter. The court may make any orders or judgments as may be necessary to prevent or remedy a violation of this chapter.
(3)
A person or entity who engages, has engaged, or proposes to engage in a violation of this chapter shall be liable for a civil penalty not to exceed two thousand five hundred dollars
($2,500) per violation for each connected device in violation of this chapter. If multiple violations of this chapter are alleged in any civil action, they shall be specifically alleged, and a court of competent jurisdiction shall make specific findings as to each violation. If the action is brought by the Attorney General, the penalty shall be deposited into the General Fund. If the action is brought by a district attorney or county counsel, the penalty shall be paid to the treasurer of the county in which the judgment was entered. If the action is brought by a city attorney or city prosecutor, the penalty shall be paid to the treasurer of the city in which the judgment was entered. If the action is brought by a person injured by the violation, the penalty shall be awarded to that person.
(c)
The prevailing plaintiff in any action commenced
under this section shall be entitled to recover court costs and reasonable attorney’s fees.

Retrieval chunks

• #1 | Business and Professions Code - BPC - BPC § 22948.32

  (a) (1) An account manager that fails to deny a perpetrator access in compliance with subdivision (a) of Section 22948.31 or otherwise does not comply with the requirements described in Section 22948.31 shall be deemed in violation of this chapter. (2) A perpetrator that maintains or exercises device or account ac…