Cal. Civ. Code § 24-5-0.5-4

Sec. 4. (a) A person relying upon an uncured or
incurable deceptive act may bring an action for the damages actually
suffered as a consumer as a result of the deceptive act or five hundred
dollars ($500), whichever is greater. The court may increase damages
for a willful deceptive act in an amount that does not exceed the greater
of:

(1) three (3) times the actual damages of the consumer suffering
the loss; or

(2) one thousand dollars ($1,000).

Except as provided in subsection (k), the court may award reasonable
attorney's fees to the party that prevails in an action under this
subsection. This subsection does not apply to a consumer transaction
in real property, including a claim or action involving a construction
defect (as defined in IC 32-27-3-1(5)) brought against a construction
professional (as defined in IC 32-27-3-1(4)), except for purchases of
time shares and camping club memberships. This subsection does not
apply with respect to a deceptive act described in section 3(b)(20) of
this chapter. This subsection also does not apply to a violation of IC 24-4.7, IC 24-5-12, IC 24-5-14, or IC 24-5-14.5. Actual damages
awarded to a person under this section have priority over any civil
penalty imposed under this chapter.

(b) Any person who is entitled to bring an action under subsection
(a) on the person's own behalf against a supplier for damages for a
deceptive act may bring a class action against such supplier on behalf
of any class of persons of which that person is a member and which has
been damaged by such deceptive act, subject to and under the Indiana
Rules of Trial Procedure governing class actions, except as herein
expressly provided. Except as provided in subsection (k), the court may
award reasonable attorney's fees to the party that prevails in a class
action under this subsection, provided that such fee shall be determined
by the amount of time reasonably expended by the attorney and not by
the amount of the judgment, although the contingency of the fee may
be considered. Except in the case of an extension of time granted by the
attorney general under IC 24-10-2-2(b) in an action subject to IC 24-10,
any money or other property recovered in a class action under this
subsection which cannot, with due diligence, be restored to consumers
within one (1) year after the judgment becomes final shall be returned
to the party depositing the same. This subsection does not apply to a
consumer transaction in real property, except for purchases of time
shares and camping club memberships. This subsection does not apply
with respect to a deceptive act described in section 3(b)(20) of this
chapter. Actual damages awarded to a class have priority over any civil
penalty imposed under this chapter.

(c) The attorney general may bring an action to enjoin an unfair,
abusive, or deceptive act, omission, or practice in connection with a
consumer transaction, including a deceptive act described in section
3(b)(20) of this chapter, notwithstanding subsections (a) and (b).
However, the attorney general may seek to enjoin patterns of incurable
deceptive acts with respect to consumer transactions in real property.
In addition, the court may:

(1) issue an injunction;

(2) order the supplier to make payment of the money unlawfully
received from the aggrieved consumers to be held in escrow for
distribution to aggrieved consumers;

(3) for a knowing violation against a senior consumer, increase
the amount of restitution ordered under subdivision (2) in any
amount up to three (3) times the amount of damages incurred or
value of property or assets lost;

(4) order the supplier to pay to the state the reasonable costs of
the attorney general's investigation and prosecution, expert fees,
and court fees related to the action;

(5) provide for the appointment of a receiver; and

(6) order the department of state revenue to suspend the supplier's
registered retail merchant certificate, subject to the requirements
and prohibitions contained in IC 6-2.5-8-7(a)(5), if the court finds
that a violation of this chapter involved the sale or solicited sale
of a synthetic drug (as defined in IC 35-31.5-2-321), a synthetic
drug lookalike substance (as defined in IC 35-31.5-2-321.5
(repealed)) (before July 1, 2019), a controlled substance analog
(as defined in IC 35-48-1.1-8), or a substance represented to be a
controlled substance (as described in IC 35-48-4-4.6).

(d) In an action under subsection (a), (b), (c), or (n) the court may
void or limit the application of contracts or clauses resulting from
deceptive acts and order restitution to be paid to aggrieved consumers.

(e) In any action under subsection (a) or (b), upon the filing of the
complaint or on the appearance of any defendant, claimant, or any
other party, or at any later time, the trial court, the supreme court, or the
court of appeals may require the plaintiff, defendant, claimant, or any
other party or parties to give security, or additional security, in such
sum as the court shall direct to pay all costs, expenses, and
disbursements that shall be awarded against that party or which that
party may be directed to pay by any interlocutory order by the final
judgment or on appeal.

(f) Any person who violates the terms of an injunction issued under
subsection (c) or (n) shall forfeit and pay to the state a civil penalty of
not more than fifteen thousand dollars ($15,000) per violation. For the
purposes of this section, the court issuing an injunction shall retain
jurisdiction, the cause shall be continued, and the attorney general
acting in the name of the state may petition for recovery of civil
penalties. Whenever the court determines that an injunction issued
under subsection (c) or (n) has been violated, the court shall award
reasonable costs to the state.

(g) If a court finds any person has knowingly violated section 3 or
10 of this chapter, other than section 3(b)(19), 3(b)(20), or 3(b)(40) of
this chapter, the attorney general, in an action pursuant to subsection
(c), may recover from the person on behalf of the state a civil penalty
of a fine not exceeding five thousand dollars ($5,000) per violation.

(h) If a court finds that a person has violated section 3(b)(19) of this
chapter, the attorney general, in an action under subsection (c), may
recover from the person on behalf of the state a civil penalty as follows:

(1) For a knowing or intentional violation, one thousand five
hundred dollars ($1,500).

(2) For a violation other than a knowing or intentional violation,
five hundred dollars ($500).

A civil penalty recovered under this subsection shall be deposited in
the consumer protection division telephone solicitation fund
established by IC 24-4.7-3-6 to be used for the administration and
enforcement of section 3(b)(19) of this chapter.

(i) A senior consumer relying upon an uncured or incurable
deceptive act, including an act related to hypnotism, may bring an
action to recover treble damages, if appropriate.

(j) An offer to cure is:

(1) not admissible as evidence in a proceeding initiated under this
section unless the offer to cure is delivered by a supplier to the
consumer or a representative of the consumer before the supplier
files the supplier's initial response to a complaint; and

(2) only admissible as evidence in a proceeding initiated under
this section to prove that a supplier is not liable for attorney's fees
under subsection (k).

If the offer to cure is timely delivered by the supplier, the supplier may
submit the offer to cure as evidence to prove in the proceeding in
accordance with the Indiana Rules of Trial Procedure that the supplier
made an offer to cure.

(k) A supplier may not be held liable for the attorney's fees and
court costs of the consumer that are incurred following the timely
delivery of an offer to cure as described in subsection (j) unless the
actual damages awarded, not including attorney's fees and costs, exceed
the value of the offer to cure.

(l) If a court finds that a person has knowingly violated section
3(b)(20) of this chapter, the attorney general, in an action under
subsection (c), may recover from the person on behalf of the state a
civil penalty not exceeding one thousand dollars ($1,000) per
consumer. In determining the amount of the civil penalty in any action
by the attorney general under this subsection, the court shall consider,
among other relevant factors, the frequency and persistence of
noncompliance by the debt collector, the nature of the noncompliance,
and the extent to which the noncompliance was intentional. A person
may not be held liable in any action by the attorney general for a
violation of section 3(b)(20) of this chapter if the person shows by a
preponderance of evidence that the violation was not intentional and
resulted from a bona fide error, notwithstanding the maintenance of
procedures reasonably adapted to avoid the error. A person may not be
held liable in any action for a violation of this chapter for contacting a
person other than the debtor, if the contact is made in compliance with
the Fair Debt Collection Practices Act.

(m) If a court finds that a person has knowingly or intentionally
violated section 3(b)(40) of this chapter, the attorney general, in an
action under subsection (c), may recover from the person on behalf of
the state a civil penalty in accordance with IC 24-5-14.5-12(b). As
specified in IC 24-5-14.5-12(b), a civil penalty recovered under IC 24-5-14.5-12(b) shall be deposited in the consumer protection division
telephone solicitation fund established by IC 24-4.7-3-6 to be used for
the administration and enforcement of IC 24-5-14.5. In addition to the
recovery of a civil penalty in accordance with IC 24-5-14.5-12(b), the
attorney general may also recover reasonable attorney fees and court
costs from the person on behalf of the state. Those funds shall also be
deposited in the consumer protection division telephone solicitation
fund established by IC 24-4.7-3-6.

(n) An action that arises from, or otherwise involves, an unfair,
abusive, or deceptive act, omission, or practice in connection with a
consumer transaction described in section 2(a)(1)(D)(i) or
2(a)(1)(D)(iii) of this chapter may be brought and enforced only by the
attorney general under this subsection. An action that arises from, or
otherwise involves, an unfair, abusive, or deceptive act, omission, or
practice in connection with a consumer transaction described in section
2(a)(1)(D)(ii) or 2(a)(1)(D)(iv) of this chapter may be brought and
enforced only by an attorney acting on behalf of the local law
enforcement agency or local agency involved in the transaction, unless
the local unit of government served by the local law enforcement
agency or local agency requests the attorney general to bring and
enforce an action under this subsection on behalf of the local unit. In
addition, the court may:

(1) issue an injunction;

(2) order the supplier to make payment of the money unlawfully
received from the aggrieved consumers to be held in escrow for
distribution to aggrieved consumers; or

(3) order the supplier to pay to:

(A) the attorney acting on behalf of the local law enforcement
agency or local agency; or

(B) the attorney general for the state;

as applicable, the reasonable costs of the attorney's or the attorney
general's investigation and prosecution, expert fees, and court fees
related to the action.

The time for bringing an action under subsection (c), as set forth in
section 5(b) of this chapter, applies to an action brought under this
subsection.

Formerly: Acts 1971, P.L.367, SEC.1. As amended by Acts
1978, P.L.127, SEC.3; Acts 1982, P.L.152, SEC.3; P.L.12-1986,
SEC.6; P.L.3-1989, SEC.141; P.L.24-1989, SEC.12; P.L.233-1995,
SEC.2; P.L.165-2005, SEC.7; P.L.222-2005, SEC.33; P.L.85-2006,
SEC.4; P.L.121-2011, SEC.1; P.L.226-2011, SEC.15; P.L.196-2013,
SEC.8; P.L.151-2013, SEC.6; P.L.250-2013, SEC.3; P.L.65-2014,
SEC.8; P.L.80-2019, SEC.8; P.L.242-2019, SEC.7; P.L.156-2020,
SEC.88; P.L.11-2023, SEC.78; P.L.118-2024, SEC.32; P.L.186-2025,
SEC.133; P.L.206-2025, SEC.6; P.L.60-2026, SEC.4.