California Codes, Civil Code - CIV, Division 3 — Obligations, Part 4 — Obligations Arising from Particular Transactions, Title 2.6 — Contracts for Discount Buying Services, Section 1812.123

(a) Any buyer injured by a violation of this title may bring an action for the recovery of damages and return of all moneys paid by the buyer to the seller. Judgment shall be entered for three times the amount at which the actual damages, plus such restitution, are assessed plus reasonable attorney’s fees and costs. In the event that the court finds a violation of Section 1812.120 relating to untrue or misleading statements, judgment shall be entered for one thousand dollars ($1,000) plus reasonable attorney’s fees or three times the amount of actual damages plus restitution plus reasonable attorney’s fees, whichever is greater.

(b) Notwithstanding any other provision of this title, any failure to comply with any provision of this title except Section 1812.120 may be corrected within 30 days after the execution of the contract by the buyer, and if so corrected, neither the seller nor his transferee shall be subject to any liability under this title except that of a suit for actual damages plus reasonable attorney’s fees and costs, provided that any correction must be concurred in, in writing, by the buyer, or the contract shall be void and unenforceable by the seller, who shall forthwith tender to the buyer a full refund. “Transferee” includes holders and assignees.

Notes

Allows an injured buyer to recover payments, treble actual damages plus restitution, attorney fees, and costs; for specified misleading statements, judgment is the greater of $1,000 plus fees or treble damages plus restitution. Allows correction of other violations within 30 days with the buyer's written concurrence; otherwise the contract is void and the seller must tender a full refund.

Use as reference

Lexinter.net | California Code, Civil Code - CIV § 1812.123 | https://laws.lexinter.net/codes/california/civil-code/division-3/part-4/title-2-6/section-1812-123

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