California Codes

Cal. Penal Code § 637.2 (2026)

✓ current as of May 2026

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(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.

(d)This section shall not be construed to affect Title 4 (commencing with Section 3425.1) of Part 1 of Division 4 of the Civil Code.

Notes of Decisions

Cited in 82 cases (27 in the last 5 years), 1979–2026 · leading case: Campbell v. Facebook, Inc., 951 F.3d 1106 (9th Cir. 2020).

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Campbell v. Facebook, Inc., 951 F.3d 1106 (9th Cir. 2020). · cites it 2× “Plaintiffs also sued under CIPA, which likewise includes a private right of action, Cal. Penal Code § 637.2 (a), and which similarly prohibits the unauthorized reading, or attempting to read, of “any message, report, or communication while the same is in transit or passing over…”

CashCall, Inc. v. Superior Court, 71 Cal. Rptr. 3d 441 (Cal. Ct. App. 2008). · cites it 4× “or records the confidential communication, whether the communication is carried on among the parties in the presence of one another or by means of a telegraph, telephone, or other device, except a radio, shall be punished by a fine not exceeding [$2,500], or imprisonment in the…”

Brinkley ex rel. Herself v. Monterey Fin. Servs., LLC, 340 F. Supp. 3d 1036 (S.D. Cal. 2018). · cites it 3× “pursuant to Cal. Penal Code § 637.2 (a) [ ] and/or actual damages or liquidated damages .”

Kashian v. Harriman, 2002 Cal. Daily Op. Serv. 4482 (Cal. Ct. App. 2002). “13 Silberg arose from a dissolution proceeding in which the husband and wife agreed they and their children would undergo a psychological evaluation, to be performed by a mutually agreeable and independent psychologist, for the purpose of determining the appropriate visitation…”

Lieberman v. KCOP Television, Inc., 31 Media L. Rep. (BNA) 1933 (Cal. Ct. App. 2003). “2d 637 ]; Pen. Code, § 637.2.) But this does not resolve the question of the damages alleged as a result of the broadcast.”

Brandon Briskin v. Shopify, Inc., 135 F.4th 739 (9th Cir. 2025). “Invoking the statutory cause of action conferred by California Penal Code § 637.2, Briskin asserts that Defendants’ conduct effectively constituted a form of wiretapping or eavesdropping that violated the communications privacy provisions of California Penal Code § 631(a) and §…”

Kimmel v. Goland, 793 P.2d 524 (Cal. 1990). “" [5] Penal Code section 637.2 provides: "(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) Three thousand dollars ($3,000).”

Ludwig v. Superior Court, 95 Cal. Daily Op. Serv. 5934 (Cal. Ct. App. 1995). “12 As then effective, Penal Code section 637.2 provided for a minimum award of damages of $3,000, with a potential for a greater award if the plaintiff could show actual damages.”

Santa Ana Police Officers Ass'n v. City of Santa Ana, 219 Cal. Rptr. 3d 919 (Cal. Ct. App. 5th 2017). “" Penal Code section 637.2 creates a private civil action for violation of the California Invasion of Privacy Act.”

Butler v. Adoption Media, LLC, 486 F. Supp. 2d 1022 (N.D. Cal. 2007). · cites it 2× “In that case, two California clients of Salomon Smith Barney (“SSB”) filed a class action alleging that telephone calls they had made to brokers at SSB’s Georgia office had been tape-recorded without the clients’ consent, in violation of California Penal Code § 637.2. Penal Code…”

In re Yahoo Mail Litig., 308 F.R.D. 577 (N.D. Cal. 2015). “As Yahoo notes, CIPA provides for statutory damages of at least $5,000, Cal.Penal Code § 637.2(a), and the SCA provides for statutory damages of at least $1,000, 18 U.”

Kuschner v. Nationwide Credit, Inc., 256 F.R.D. 684 (E.D. Cal. 2009). “Penal Code § 637.2 permits a civil action for damages for violation of sections 631-637.”

Show all 82 citing cases →

— Cal. Penal Code § 637.2(a) — 5 cases

Ades v. Omni Hotels Mgmt. Corp., 46 F. Supp. 3d 999 (C.D. Cal. 2014).

Cuviello v. Feld Ent., Inc., 304 F.R.D. 585 (N.D. Cal. 2015).

Wang v. Wells Fargo Bank, N.A. (N.D. Ill. 2020).

Ewing v. DME Capital, LLC (S.D. Cal. 2024).

— Cal. Penal Code § 637.2(b) — 1 case

Brinkley ex rel. Herself v. Monterey Fin. Servs., LLC, 340 F. Supp. 3d 1036 (S.D. Cal. 2018). “pursuant to Cal. Penal Code § 637.2 (a) [ ] and/or actual damages or liquidated damages .”

— Cal. Penal Code § 637.2(c) — 1 case

Wang v. Wells Fargo Bank, N.A. (N.D. Ill. 2020).

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