Financial Code - FIN - FIN § 110002

Summary

(a) The Attorney General has exclusive authority to enforce this division. (b) Not later than the 30th day before bringing an action under subdivision (e), the Attorney General shall give written notice to the person or entity identifying the specific provisions of this chapter t

Text

(a)
The Attorney General has exclusive authority to enforce this division.
(b)
Not later than the 30th day before bringing an action under subdivision (e), the Attorney General shall give written notice to the person or entity identifying the specific provisions of this chapter that are or were being violated.
(c)
The Attorney General shall not bring an action under subdivision (e) if the person or entity who receives the notice described in subdivision (b) does both of the following:
(1)
Cures the identified violation within 30 days of receiving the
notice.
(2)
Provides the Attorney General a written statement confirming that the person or entity has done all of the following:
(A)
Cured the violation.
(B)
Provided supporting documentation to show how the violation was cured.
(C)
Made changes to internal policies to prevent the recurrence of violations in the future.
(d)
A person or entity who violates this division and fails to cure the violation in accordance with subdivision (c) shall be liable as provided in subdivision (e).
(e)
(1)
The Attorney General
may bring a civil action to enforce this division and remedy harm caused by a violation of this division.
(2)
If a court determines that a person or entity has violated this division, the court shall award all of the following relief:
(A)
A civil penalty in the amount of ten thousand dollars ($10,000) for each violation.
(B)
Injunctive relief sufficient to prevent the person or entity from further violations of this division.
(C)
Reasonable attorney’s fees and costs incurred in investigating and bringing an action under this division.

Retrieval chunks

• #1 | Financial Code - FIN - FIN § 110002

  (a) The Attorney General has exclusive authority to enforce this division. (b) Not later than the 30th day before bringing an action under subdivision (e), the Attorney General shall give written notice to the person or entity identifying the specific provisions of this chapter that are or were being violated. (c)…