Unsolicited and Unwanted Telephone Solicitations
Cal. BPC § 17593
California Statutes
(
a) The Attorney General, a district attorney, or a city attorney may bring a civil action in any court of competent jurisdiction against a telephone solicitor to enforce the
article and to obtain any one or more of the following remedies:
(1) An order to enjoin the violation.
(2) A civil penalty of up to the penalty amount that the Federal Trade Commission may seek pursuant to subparagraph (
A) of paragraph (1) of subsection (
m) of
Section of Title of the United States Code as specified in
Section 1.98 of Title of the Code of Federal Regulations.
(3) Any other relief that the court deems proper. (
b) Any person who has received a telephone solicitation that is prohibited by
Section 17592, or whose telephone number was used in violation of
Section 17591, may bring a civil action in small claims court for an injunction or order to prevent further violations. If a person obtains an injunction or order under this subdivision and service of the injunction or order is properly effected, a person who thereafter receives further solicitations in violation of the injunction or order within days after service of the initial injunction or order, may file a subsequent action in small claims court seeking enforcement of the injunction or order and a civil penalty to be awarded to the person in an amount up to one thousand dollars ($1,000).
For purposes of this subdivision, a person’s claims may not be aggregated to establish jurisdiction in a court other than small claims court. For purposes of this subdivision, a defendant is not required to personally appear, but may appear by affidavit or by written instrument. (
c) The rights, remedies, and penalties established by this
article are in addition to the rights, remedies, or penalties established under other laws. (
d) It shall be an affirmative defense to any action brought under this
article that the violation was accidental and in violation of the telephone solicitor’s policies and procedures and telemarketer instruction and training.