Civil Action for Damages and Injunctive Relief

What it requires

The private damages provision for the whole invasion-of-privacy chapter, § 631 included. Anyone injured by a violation may sue for the greater of $5,000 per violation or three times actual damages, may seek an injunction in the same action, and does not have to show actual damages to bring the claim. This per-violation figure is what turns a website tracking theory into class-action exposure. SB 690, presented to the Governor in September 2026, would amend this section so that claims under § 638.51 arising from website, online app, or mobile app conduct are enforceable by the Attorney General only, with no change to § 631. This record will be re-audited after the Governor acts.

Legal text (excerpt)

(a) Any person who has been injured by a violation of this chapter may bring an action against the person who committed the violation for the greater of the following amounts: (1) Five thousand dollars ($5,000) per violation. (2) Three times the amount of actual damages, if any, sustained by the plaintiff. (b) Any person may, in accordance with Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, bring an action to enjoin and restrain any violation of this chapter, and may in the same action seek damages as provided by subdivision (a). (c) It is not a necessary prerequisite to an action pursuant to this section that the plaintiff has suffered, or be threatened with, actual damages.

Primary source