In any case in which the Attorney General has authority to institute an action or proceeding under this article, the Attorney General may accept an assurance of voluntary compliance through which any person alleged to be engaged in any method, act, or practice in violation of this article agrees to discontinue that method, act, or practice. The assurance may, among other terms, include a stipulation of a voluntary payment by the person of the cost of the investigation or of an amount to be held in escrow pending the outcome of an action or as restitution to aggrieved persons, or both. The assurance of voluntary compliance shall not be considered an admission of a violation for any purpose. The assurance of compliance shall be in writing and shall be filed with a superior court in this state for approval and if approved shall thereafter be filed with the clerk of the court. Matters closed may at any time be reopened by the court for further proceedings in the public interest. In the event of an alleged violation, the Attorney General may, in the Attorney General’s discretion, either initiate contempt proceedings or proceed as if the assurance of voluntary compliance has not been accepted.

(Amended by Stats. 2021, Ch. 50, Sec. 110. (AB 378) Effective January 1, 2022.)

Terms Used In California Government Code 12591.2

  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Person: includes any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Government Code 17
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • State: means the State of California, unless applied to the different parts of the United States. See California Government Code 18