BUSINESS AND PROFESSIONS CODE
SECTION 17200-17210
17200. As used in this chapter, unfair competition shall mean and include
any unlawful, unfair or fraudulent business act or practice
and unfair, deceptive, untrue or misleading advertising
and any act prohibited by Chapter 1 (commencing with
Section 17500) of Part 3 of Division 7 of the Business and Professions Code.
17201. As used in this chapter, the term person shall mean and
include natural persons, corporations, firms, partnerships, joint
stock companies, associations and other organizations of persons.
17201.5. As used in this chapter:
(a) "Board within the Department of Consumer Affairs" includes any
commission, bureau, division, or other similarly constituted agency
within the Department of Consumer Affairs.
(b) "Local consumer affairs agency" means and includes any city or
county body which primarily provides consumer protection services.
17202. Notwithstanding Section 3369 of the Civil Code, specific or
preventive relief may be granted to enforce a penalty, forfeiture, or
penal law in a case of unfair competition.
17203. Any person who engages, has engaged, or proposes to engage
in unfair competition may be enjoined in any court of competent
jurisdiction. The court may make such orders or judgments, including
the appointment of a receiver, as may be necessary to prevent the use
or employment by any person of any practice which constitutes unfair
competition, as defined in this chapter, or as may be necessary to
restore to any person in interest any money or property, real or
personal, which may have been acquired by means of such unfair
competition.
17204. Actions for any relief pursuant to this chapter shall be
prosecuted exclusively in a court of competent jurisdiction by
. . . any person acting for the interests of itself, its members
or the general public.
17205. Unless otherwise expressly provided, the remedies or
penalties provided by this chapter are cumulative to each other and
to the remedies or penalties available under all other laws of this
state.
17206. (a) Any person who engages, has engaged, or proposes to
engage in unfair competition shall be liable for a civil penalty not
to exceed two thousand five hundred dollars ($2,500) for each
violation, which shall be assessed and recovered in a civil action
brought in the name of the people of the State of California by the
Attorney General . . .
(b) The court shall impose a civil penalty for each violation of
this chapter. In assessing the amount of the civil penalty, the
court shall consider any one or more of the relevant circumstances
presented by any of the parties to the case, including, but not
limited to, the following: the nature and seriousness of the
misconduct, the number of violations, the persistence of the
misconduct, the length of time over which the misconduct occurred,
the willfulness of the defendant's misconduct, and the defendant's
assets, liabilities, and net worth.
(c) If the action is brought by the Attorney General, one-half of
the penalty collected shall be paid to the treasurer of the county in
which the judgment was entered, and one-half to the State General
Fund. . . .
17206.1. (a) In addition to any liability for a civil penalty
pursuant to Section 17206, any person who violates this chapter, and
the act or acts of unfair competition are perpetrated against one or
more senior citizens or disabled persons, may be liable for a civil
penalty not to exceed two thousand five hundred dollars ($2,500) for
each violation, which may be assessed and recovered in a civil action
as prescribed in Section 17206.
Subject to subdivision (d), any civil penalty shall be paid as
prescribed by subdivisions (b) and (c) of Section 17206.
(b) As used in this section, the following terms have the
following meanings:
(1) "Senior citizen" means a person who is 65 years of age or
older.
(2) "Disabled person" means any person who has a physical or
mental impairment which substantially limits one or more major life
activities.
(A) As used in this subdivision, "physical or mental impairment"
means any of the following:
(i) Any physiological disorder or condition, cosmetic
disfigurement, or anatomical loss substantially affecting one or more
of the following body systems: neurological; muscoloskeletal;
special sense organs; respiratory, including speech organs;
cardiovascular; reproductive; digestive; genitourinary; hemic and
lymphatic; skin; or endocrine.
(ii) Any mental or psychological disorder, such as mental
retardation, organic brain syndrome, emotional or mental illness, and
specific learning disabilities. The term "physical or mental
impairment" includes, but is not limited to, such diseases and
conditions as orthopedic, visual, speech and hearing impairment,
cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis,
cancer, heart disease, diabetes, mental retardation, and emotional
illness.
(B) "Major life activities" means functions such as caring for one'
s self, performing manual tasks, walking, seeing, hearing, speaking,
breathing, learning, and working.
(c) In determining whether to impose a civil penalty pursuant to
subdivision (a) and the amount thereof, the court shall consider, in
addition to any other appropriate factors, the extent to which one or
more of the following factors are present:
(1) Whether the defendant knew or should have known that his or
her conduct was directed to one or more senior citizens or disabled
persons.
(2) Whether the defendant's conduct caused one or more senior
citizens or disabled persons to suffer: loss or encumbrance of a
primary residence, principal employment, or source of income;
substantial loss of property set aside for retirement, or for
personal or family care and maintenance; or substantial loss of
payments received under a pension or retirement plan or a government
benefits program, or assets essential to the health or welfare of the
senior citizen or disabled person.
(3) Whether one or more senior citizens or disabled persons are
substantially more vulnerable than other members of the public to the
defendant's conduct because of age, poor health or infirmity,
impaired understanding, restricted mobility, or disability, and
actually suffered substantial physical, emotional, or economic damage
resulting from the defendant's conduct.
(d) Any court of competent jurisdiction hearing an action pursuant
to this section may make orders and judgments as may be necessary to
restore to any senior citizen or disabled person any money or
property, real or personal, which may have been acquired by means of
a violation of this chapter. Restitution ordered pursuant to this
subdivision shall be given priority over recovery of any civil
penalty designated by the court as imposed pursuant to subdivision
(a), but shall not be given priority over any civil penalty imposed
pursuant to subdivision (a) of Section 17206. If the court
determines that full restitution cannot be made to those senior
citizens or disabled persons, either at the time of judgment or by a
future date determined by the court, then restitution under this
subdivision shall be made on a pro rata basis depending on the amount
of loss.
17207. (a) Any person who intentionally violates any injunction
prohibiting unfair competition issued pursuant to Section 17203 shall
be liable for a civil penalty not to exceed six thousand dollars
($6,000) for each violation. Where the conduct constituting a
violation is of a continuing nature, each day of that conduct is a
separate and distinct violation. In determining the amount of the
civil penalty, the court shall consider all relevant circumstances,
including, but not limited to, the extent of the harm caused by the
conduct constituting a violation, the nature and persistence of that
conduct, the length of time over which the conduct occurred, the
assets, liabilities, and net worth of the person, whether corporate
or individual, and any corrective action taken by the defendant.
(b) The civil penalty prescribed by this section shall be assessed
and recovered in a civil action brought in any county in which the
violation occurs or where the injunction was issued in the name of
the people of the State of California by the Attorney General . . .
(c) If such an action is brought by the Attorney General, one-half
of the penalty collected pursuant to this section shall be paid to
the treasurer of the county in which the judgment was entered, and
one-half to the State Treasurer. . . .
17208. Any action to enforce any cause of action pursuant to this
chapter shall be commenced within four years after the cause of
action accrued. No cause of action barred under existing law on the
effective date of this section shall be revived by its enactment.
17209. If a violation of this chapter is alleged or the application
or construction of this chapter is in issue in any proceeding in the
Supreme Court of California, a state court of appeal, or the
appellate division of a superior court, the person who commenced that
proceeding shall serve notice thereof, including a copy of the
person's brief or petition and brief, on the Attorney General,
directed to the attention of the Consumer Law Section, and on the
district attorney of the county in which the lower court action or
proceeding was originally filed. The notice, including the brief or
petition and brief, shall be served within three days after the
commencement of the appellate proceeding, provided that the time may
be extended by the Chief Justice or presiding justice or judge for
good cause shown. No judgment or relief, temporary or permanent,
shall be granted until proof of service of this notice is filed with
the court.