California Codes, Civil Code - CIV, Division 3 — Obligations, Part 4 — Obligations Arising from Particular Transactions, Title 1.90 — Commercial Financing Transactions with Small Businesses, Section 1799.303

(a) If a covered entity violates Section 1799.302, the recipient shall be entitled to all of the following relief:

(1) Actual damages sustained as a result of the violation, including, but not limited to, the amount of fees paid by the recipient that are prohibited by Section 1799.302.

(2) Statutory damages of at least five hundred dollars ($500) but not greater than two thousand five hundred dollars ($2,500).

(3) Injunctive relief.

(4) Attorney’s fees and costs.

(5) Any other relief that the court deems proper.

(b) A court may award a covered entity that is the prevailing party in an action brought pursuant to this section reasonable attorney’s fees upon a finding that the recipient brought the action in bad faith.

Notes

Allows a recipient harmed by a covered entity’s violation of the referenced commercial-financing rule to recover actual damages, $500 to $2,500 in statutory damages, injunctive relief, attorney’s fees and costs, and other proper relief. A prevailing covered entity may receive reasonable attorney’s fees only if the court finds the recipient brought the action in bad faith.

Use as reference

Lexinter.net | California Code, Civil Code - CIV § 1799.303 | https://laws.lexinter.net/codes/california/civil-code/division-3/part-4/title-1-90/section-1799-303

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