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Technology

Mar. 1, 2024

Bumbling into the digital age: California’s Flash Act

A plaintiff who suffers from cyber flashing can recover economic and noneconomic damages, including emotional distress, of not less than $1,500 or more than $30,000. The law also allows the plaintiff to recover reasonable attorney’s fees and costs.

Isaac D’Amore Nieblas

Associate, McManis Faulkner

Shutterstock

Sending unsolicited obscene imagery could cost you much more than just a second date.

California Civil Code § 1708.88 was enacted in January 2023. Initially dubbed the “Flash Act,” it gave Californians the power to sue an adult, 18 years or older, who knowingly and without solicitation sends an obscene image to another person. Backed by the popular dating app, Bumble, this law empowers Californians to protect themselves from unwanted graph...

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