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CA AB1366

Bill

Status

Passed

10/10/2023

Primary Sponsor

Brian Maienschein

Click for details

Origin

State Assembly

2023-2024 Session

AI Summary

  • Authorizes courts to award disgorgement as a remedy in actions brought by the Attorney General under California's unfair competition and false advertising laws, in addition to existing remedies.

  • Requires courts to consider civil penalties and restitution already ordered when determining whether to award disgorgement and the amount thereof.

  • Establishes the Victims of Consumer Fraud Restitution Fund in the State Treasury to receive all funds recovered by the Attorney General under this section.

  • Allows the Attorney General to use funds from the Restitution Fund (upon legislative appropriation) to pay restitution to victims when court-ordered restitution has not been paid, and to reimburse the fund with any later recoveries from defendants or other sources.

  • Grants the Attorney General authority to promulgate regulations to implement these provisions.

Legislative Description

Unfair competition and false advertising: disgorgement.

Last Action

Chaptered by Secretary of State - Chapter 686, Statutes of 2023.

10/10/2023

Committee Referrals

Appropriations6/28/2023
Judiciary5/31/2023
Rules5/18/2023
Appropriations4/25/2023
Judiciary3/2/2023

Full Bill Text

No bill text available