Business and Professions Code

Part 9 of 52 · provisions 1,601–1,800

This section says the act is called the Business and Professions Code.

Jurisdiction: United States — California
Instrument: Code
Citation: BPC
Version: Undated source snapshot
Language: en
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This part may be cited as the Real Estate Law. This section says chapter definitions apply only to this part, unless the text says otherwise. “Commissioner” means the Real Estate Commissioner. “Department” means the Department of Real Estate in the Business and Consumer Services Agency. This section says certain references like “bureau” and “Real Estate Division” mean the Department of Real Estate, and it states the section becomes operative on July 1, 2018.

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Provisions of Business and Professions Code

Showing 200 of 10,364

17361.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 7. Sales of Telephone and Other Communications Equipment [17360 - 17365] ( Chapter 7 added by Stats. 1983, Ch. 738, Sec. 2. )
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Sellers of certain telephone equipment must disclose signaling method, service access, and FCC registration status in advertisements, catalogs, and on or in the package, with an exception for point-of-sale advertising.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 7. Sales of Telephone and Other Communications Equipment [17360 - 17365] ( Chapter 7 added by Stats. 1983, Ch. 738, Sec. 2. ) ## 17361. Any person offering for sale or selling telephone handsets or keysets or private branch exchanges or private automatic branch exchanges of not more than 20-station capacity, whether new or reconditioned, shall specify in all advertisements and catalogs therefor, except point-of-sale advertising, and on or in the equipment package both of the following: (a) Whether the equipment employs pulse, tone, pulse-or-tone, or other signaling method, and a general description of the services it can or cannot access as a result thereof. (b) Whether the equipment is registered with the Federal Communications Commission pursuant to Part 68 of Title 47 of the Code of Federal Regulations. (Added by Stats. 1983, Ch. 738, Sec. 2. Effective September 13, 1983. Section operative November 1, 1983, pursuant to Section 17365.)
17362.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 7. Sales of Telephone and Other Communications Equipment [17360 - 17365] ( Chapter 7 added by Stats. 1983, Ch. 738, Sec. 2. )
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Retailers of telephone equipment must give clear and conspicuous notice about who is responsible for repairs, on the sales premises and in ads and catalogs, but not in point-of-sale advertising.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 7. Sales of Telephone and Other Communications Equipment [17360 - 17365] ( Chapter 7 added by Stats. 1983, Ch. 738, Sec. 2. ) ## 17362. A retailer of telephone equipment shall give clear and conspicuous notice, both on the sale premises and in advertising and catalogs for telephone equipment, except point-of-sale advertising, of the person or persons responsible for repair of the equipment. (Added by Stats. 1983, Ch. 738, Sec. 2. Effective September 13, 1983. Section operative November 1, 1983, pursuant to Section 17365.)
17363.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 7. Sales of Telephone and Other Communications Equipment [17360 - 17365] ( Chapter 7 added by Stats. 1983, Ch. 738, Sec. 2. )
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This section says Sections 17361 and 17362 do not apply to listed types of telephone-equipment advertising and sales. For certain radio or television ads, the advertiser must file the disclosure statement text with the Director of Consumer Affairs and update it when changed.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 7. Sales of Telephone and Other Communications Equipment [17360 - 17365] ( Chapter 7 added by Stats. 1983, Ch. 738, Sec. 2. ) ## 17363. Notwithstanding any other provision of this chapter, Sections 17361 and 17362 do not apply to any of the following: (a) Institutional advertising directed to a general audience rather than to individual purchasers of telephone equipment. (b) Advertising, point-of-sale advertising, catalogs for, and sales of, telephone equipment not intended for direct connection to a telephone corporation’s central switching office through the telephone corporation lines. (c) Catalogs and equipment packages for telephone equipment which are in print or in physical production on or before November 1, 1983. (d) Advertising by radio or television if the advertising includes a toll-free number by which a potential buyer may speak personally with a trained sales representative who orally provides the potential buyer with a disclosure statement containing both of the items required by Section 17361. The advertiser shall file the text of this disclosure statement with the Director of Consumer Affairs and shall amend the filed statement, as needed, to conform to any changes made in the disclosure statement used by the advertiser. (Amended by Stats. 1984, Ch. 544, Sec. 1.)
17363.5.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 7. Sales of Telephone and Other Communications Equipment [17360 - 17365] ( Chapter 7 added by Stats. 1983, Ch. 738, Sec. 2. )
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People advertising or selling automatic dialing-announcing devices must disclose California operating limits and give purchasers a copy of the referenced Public Utilities Code article.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 7. Sales of Telephone and Other Communications Equipment [17360 - 17365] ( Chapter 7 added by Stats. 1983, Ch. 738, Sec. 2. ) ## 17363.5. Any person advertising or offering for sale automatic dialing-announcing devices, as defined in Section 2871 of the Public Utilities Code, shall specify on all advertising therefor and in the instruction manual or other information included with the equipment that the equipment may be operated within California only in accordance with Article 1 (commencing with Section 2871) of Chapter 10 of Part 2 of Division 1 of the Public Utilities Code. The person shall also provide a full copy of that article to each purchaser of the equipment, and shall also provide a full copy to each prospective purchaser upon request. (Added by Stats. 1984, Ch. 544, Sec. 2.)
17364.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 7. Sales of Telephone and Other Communications Equipment [17360 - 17365] ( Chapter 7 added by Stats. 1983, Ch. 738, Sec. 2. )
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If someone fails to comply with any provision of this chapter, that failure is treated as unfair competition and enforced under Chapter 5 starting at Section 17200.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 7. Sales of Telephone and Other Communications Equipment [17360 - 17365] ( Chapter 7 added by Stats. 1983, Ch. 738, Sec. 2. ) ## 17364. Every failure to comply with any provision of this chapter constitutes unfair competition and shall be enforced under Chapter 5 (commencing with Section 17200). (Added by Stats. 1983, Ch. 738, Sec. 2. Effective September 13, 1983. Section operative November 1, 1983, pursuant to Section 17365.)
17365.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 7. Sales of Telephone and Other Communications Equipment [17360 - 17365] ( Chapter 7 added by Stats. 1983, Ch. 738, Sec. 2. )
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Chapter 7 becomes operative on November 1, 1983.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 7. Sales of Telephone and Other Communications Equipment [17360 - 17365] ( Chapter 7 added by Stats. 1983, Ch. 738, Sec. 2. ) ## 17365. This chapter shall become operative on November 1, 1983. (Added by Stats. 1983, Ch. 738, Sec. 2. Effective September 13, 1983. Note: This section prescribes a delayed operative date for Chapter 7, commencing with Section 17360.)
1740.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 7. Dental Auxiliaries [1740 - 1777] ( Article 7 repealed and added by Stats. 1974, Ch. 128. )
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The Legislature says this article is meant to expand the use of dental assistants and support higher levels of licensure, education, and training, while the Dental Board of California should consider Dental Assisting Council recommendations when implementing the article.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 7. Dental Auxiliaries [1740 - 1777] ( Article 7 repealed and added by Stats. 1974, Ch. 128. ) ## 1740. It is the intention of the Legislature by enactment of this article to permit the full utilization of dental assistants in order to meet the dental care needs of all the state’s citizens. The Legislature further intends that the classifications of dental assistants established by this article permit the continual advancement of persons to successively higher levels of licensure with additional education and training. The Legislature further intends that the Dental Board of California, in implementing this article, consider the recommendations of the Dental Assisting Council, established pursuant to Section 1742. (Amended by Stats. 2024, Ch. 483, Sec. 44. (SB 1453) Effective January 1, 2025.)
1741.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 7. Dental Auxiliaries [1740 - 1777] ( Article 7 repealed and added by Stats. 1974, Ch. 128. )
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This section defines key terms used in the dental auxiliaries article, including dental assistant roles, supervision terms, the board, and continuing education limits.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 7. Dental Auxiliaries [1740 - 1777] ( Article 7 repealed and added by Stats. 1974, Ch. 128. ) ## 1741. As used in this article: (a) “Alternative dental assisting program” means a program offered by an institution of secondary or postsecondary education that has a current accreditation from the Commission on Dental Accreditation or is accredited or approved by an agency recognized by the United States Department of Education or State Department of Education, including career health and technical education programs, regional occupation centers or programs, or apprenticeship programs registered by the State Department of Education or Division of Apprenticeship Standards of the Department of Industrial Relations in allied dental programs, and whereby a certificate of completion from the program shall serve as a pathway component for licensure as a registered dental assistant. (b) “Basic supportive dental procedures” means procedures that have technically elementary characteristics, are completely reversible, and are unlikely to precipitate potentially hazardous conditions for the patient being treated, including extraoral tasks involving sterilization procedures and infection control and disease prevention tasks. (c) “Board” means the Dental Board of California. (d) “Certified dental assistant” means an individual who has successfully passed the general chairside assisting, radiation health and safety, and infection control examinations administered by the Dental Assisting National Board and has an active certification satisfactory to terms and conditions of the Dental Assisting National Board at the time of application for a dental assisting license. A current and valid certified dental assistant certificate is not required for subsequent licensure renewals. (e) “Certificate of completion” means a certificate that shall include, at minimum, the participant’s name, the name of the course or program completed, the name of the course or program provider, including the board-issued approval number, the date or date range of completion of the course or program, the number of completed hours of the course or program, and the signature of the course or program provider, director, administrator, or their designee that verifies the participant has successfully completed any of the following: (1) A board-approved educational course or program in dental assisting. (2) A continuing education course provided by a board-approved continuing education provider. (3) An alternative dental assisting program. (f) “Continuing education” means a course of study specific to the performance of dental-related procedures where the education is directly related to the clinical and supplemental duties and functions of dental assistants, registered dental assistants, registered dental assistants in extended functions, and dental assisting permitholders, as defined in this article. The continuing education coursework must follow the provisions outlined in board regulations. Continuing education units obtained shall be limited to no more than eight units per day. The following shall apply to the continuing education units: (1) Live interactive coursework units obtained shall not total more than eight units per day. (2) Nonlive or self-paced online coursework units shall not be more than eight units per day within a range of dates during a seminar, workshop, or educational series where more than one day is required to complete the coursework. (g) “Coronal polishing” means a procedure limited to the removal of plaque and stain from exposed tooth surfaces. (h) “Council” means the Dental Assisting Council of the Dental Board of California. (i) “Course” means an educational offering, class, presentation, meeting, or other similar event. (j) “Dental assistant” means an individual who, without a license, may perform only basic supportive dental procedures described in Sections 1750 and 1750.1. (k) “Direct supervision” means supervision of dental procedures based on instructions given by a licensed dentist, who shall be physically present in the treatment facility during the performance of those procedures. (l) “General supervision” means supervision of dental procedures based on instructions given by a licensed dentist but not requiring the physical presence of the supervising dentist during the performance of those procedures. (m) “Good standing” means the licensee or permitholder has not been disciplined, is not the subject of an unresolved complaint or review procedures, and is not the subject of any unresolved disciplinary proceeding. (n) “Interim therapeutic restoration” means a direct provisional restoration placed to stabilize the tooth until a licensed dentist diagnoses the need for further definitive treatment. An interim therapeutic restoration consists of the removal of soft material from the tooth using only hand instrumentation, without the use of rotary instrumentation, and subsequent placement of an adhesive restorative material. An interim therapeutic restoration may also be applied to a tooth with caries that has been confirmed by the treating dentist to be arrested through the use of a caries arresting agent with or without further removal of tooth structure. Local anesthesia shall not be necessary for interim therapeutic restoration placement. (o) “Preceptee” means an unlicensed dental assistant who is supervised by a California-licensed dentist or dentists in good standing and is participating in a preceptorship in dental assisting to learn the clinical skills and acquire procedural knowledge through work experience and supplemental dental assisting coursework. (p) “Preceptor” means a California-licensed dentist in good standing who directly supervises and provides on-the-job training to a preceptee in a preceptorship in dental assisting by evaluating clinical competence, documenting completion of clinical chairside work experience, learning, and clinical progress, teaching and promoting clinical reasoning, and ensuring the preceptee has completed course requirements before performing dental assisting duties pursuant to Section 1750.1. A preceptee may have more than one California-licensed dentist serve as a preceptor. (q) “Preceptorship in dental assisting” means supervised on-the-job training of a preceptee by a preceptor in the performance of duties specified in Section 1750.1 in a competent manner as determined by the preceptor pursuant to the requirements set forth in paragraph (5) of subdivision (a) of Section 1752.1. (r) “Registered dental assistant” means a person licensed by the board to perform all procedures authorized under Section 1752.4. (s) “Registered dental assistant in extended functions” means a person licensed by the board to perform all procedures authorized under Section 1753.5. (t) “Satisfactory work experience” means performance of the duties specified in Section 1750.1 in a competent manner as determined by the supervising dentist or dentists, who shall certify under penalty of perjury under the laws of the State of California the applicant’s completion of the work experience. (Repealed and added by Stats. 2024, Ch. 483, Sec. 46. (SB 1453) Effective January 1, 2025.)
1742.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 7. Dental Auxiliaries [1740 - 1777] ( Article 7 repealed and added by Stats. 1974, Ch. 128. )
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Creates a Dental Assisting Council and requires it to review dental-assistant issues and make recommendations to the Dental Board of California.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 7. Dental Auxiliaries [1740 - 1777] ( Article 7 repealed and added by Stats. 1974, Ch. 128. ) ## 1742. (a) There is hereby created a Dental Assisting Council of the Dental Board of California, which shall consider all matters relating to dental assistants in this state, on its own initiative or upon the request of the board, and make appropriate recommendations to the board and the standing committees of the board, including, but not limited to, the following areas: (1) Requirements for dental assistant examination, licensure, permitting, and renewal. (2) Standards and criteria for approval of dental assisting educational programs, courses, and continuing education. (3) Allowable dental assistant duties, settings, and supervision levels. (4) Appropriate standards of conduct and enforcement for dental assistants. (5) Requirements regarding infection control. (b) (1) The members of the council shall be appointed by the board and shall include the registered dental assistant member of the board, another member of the board, and five registered dental assistants, representing as broad a range of dental assisting experience and education as possible, who meet the requirements of paragraph (2). (2) The board shall consider, in its appointments of the five registered dental assistant members, recommendations submitted by any incorporated, nonprofit professional society, association, or entity whose membership is comprised of registered dental assistants within the state. Two of those members shall be employed as faculty members of a registered dental assisting educational program approved by the board, and shall have been so employed for at least the prior five years. Three of those members, which shall include one registered dental assistant in extended functions, shall be employed clinically in private dental practice or public safety net or dental health care clinics. All five of those members shall have possessed a current and active registered dental assistant or registered dental assistant in extended functions license for at least the prior five years, and shall not be employed by a current member of the board. (c) No council appointee shall have served previously on the dental assisting forum or have any financial interest in any registered dental assistant school. All final candidate qualifications and applications for board-appointed council members shall be made available in the published board materials with final candidate selection conducted during the normal business of the board during public meetings. (d) A vacancy occurring during a term shall be filled by appointment by the board for the unexpired term, according to the criteria applicable to the vacancy within 90 days after it occurs. (e) Each member shall comply with conflict of interest requirements that apply to board members. (f) The council may meet in conjunction with other board committees, and at other times as deemed necessary. (g) Each member shall serve for a term of four years, except that, of the initial appointments of the nonboard members, one of the members shall serve a term of one year, one member shall serve a term of two years, two members shall serve a term of three years, and one member shall serve a term of four years, as determined by the board. No member shall serve more than two full terms. (h) Recommendations by the council pursuant to this section shall be approved, modified, or rejected by the board within 120 days of submission of the recommendation to the board during full board business. In the event the board rejects, postpones, refers the matter back to the council for any reason, or significantly modifies the intent or scope of the recommendation, the board shall provide its reasons in writing for rejecting or significantly modifying the recommendation, which shall be provided by the board within 30 days. (i) The council shall select a chair who shall establish the agendas of the council and shall serve as the council’s liaison to the board, including the reporting of the council’s recommendations to the board. (Amended by Stats. 2019, Ch. 865, Sec. 50. (AB 1519) Effective January 1, 2020.)
1743.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 7. Dental Auxiliaries [1740 - 1777] ( Article 7 repealed and added by Stats. 1974, Ch. 128. )
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The board must review dental assisting license applications, keep application records, collect fees, issue licenses except when a licensing requirement is questioned, administer examinations, set pass points, and handle license renewal.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 7. Dental Auxiliaries [1740 - 1777] ( Article 7 repealed and added by Stats. 1974, Ch. 128. ) ## 1743. (a) The board shall have the following duties and authority related to applications: (1) Shall review and evaluate all applications for licensure in all dental assisting categories to ascertain whether a candidate meets the appropriate licensing requirements specified by statute and board regulations. (2) Shall maintain application records, cashier application fees, and perform any other ministerial tasks as are incidental to the application process. (3) May delegate any or all of the functions in this subdivision to its staff. (4) Shall issue dental assistant licenses in all cases, except where there is a question as to a licensing requirement. (b) The board shall develop or cause to be developed and administer examinations. The board shall set pass points for all dental assisting licensing examinations. (c) The board shall be responsible for all aspects of the license renewal process, which shall be accomplished in accordance with this chapter and board regulations. The board may delegate any or all of its functions under this subdivision to its staff. (Repealed and added by Stats. 2008, Ch. 31, Sec. 18. Effective January 1, 2009. Operative July 1, 2009, by Sec. 55 of Ch. 31.)
1747.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 7. Dental Auxiliaries [1740 - 1777] ( Article 7 repealed and added by Stats. 1974, Ch. 128. )
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License-denial, suspension, and revocation procedures under this article must follow Government Code Chapter 5.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 7. Dental Auxiliaries [1740 - 1777] ( Article 7 repealed and added by Stats. 1974, Ch. 128. ) ## 1747. The procedure on all matters relating to the denial, suspension, or revocation of licenses granted under this article shall be governed by the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 1975, Ch. 872.)
1750.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 7. Dental Auxiliaries [1740 - 1777] ( Article 7 repealed and added by Stats. 1974, Ch. 128. )
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This section lets an unlicensed dental assistant perform basic supportive dental procedures under a licensed dentist’s supervision, but requires employer and assistant training and certification steps.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 7. Dental Auxiliaries [1740 - 1777] ( Article 7 repealed and added by Stats. 1974, Ch. 128. ) ## 1750. (a) A dental assistant is an individual who, without a license, may perform basic supportive dental procedures, as authorized by Section 1750.1 and by regulations adopted by the board, under the supervision of a licensed dentist. “Basic supportive dental procedures” are those procedures that have technically elementary characteristics, are completely reversible, and are unlikely to precipitate potentially hazardous conditions for the patient being treated. (b) The supervising licensed dentist shall be directly responsible for determining the competency of the dental assistant to perform the basic supportive dental procedures, as authorized by Section 1750.1. (c) The employer of a dental assistant shall be responsible for ensuring that the dental assistant has successfully completed a board-approved eight-hour course in infection control prior to performing any basic supportive dental procedures involving potential exposure to blood, saliva, or other potentially infectious materials. (d) The employer shall maintain evidence for the length of the employment for the dental assistant at the supervising dentist’s treatment facility to verify the dental assistant has met and maintained all certification requirements as dictated by statute and regulation. (e) The employer shall inform the dental assistant of the educational requirements described in subdivision (f) to maintain employment as an unlicensed dental assistant. (f) The employer of a dental assistant shall be responsible for ensuring that the dental assistant who has been employed continuously or on an intermittent basis by that employer for one year from the date of first employment provides evidence to the employer that the dental assistant has already successfully completed, or successfully completes, all of the following within one year of the first date of employment: (1) A board-approved two-hour course in the Dental Practice Act. (2) Current certification in basic life support issued by the American Red Cross, the American Heart Association, the American Safety and Health Institute, the American Dental Association’s Continuing Education Recognition Program, or the Academy of General Dentistry’s Program Approval for Continuing Education, in accordance with both of the following: (A) The dental assistant shall be responsible for maintaining current certification in basic life support to perform duties involving patients. (B) The employer of a dental assistant shall be responsible for ensuring that the dental assistant maintains certification in basic life support. (3) To perform radiographic procedures, a dental assistant shall complete a board-approved course in radiation safety. The original or a copy of the current, valid certificate issued by a board-approved radiation safety course provider shall be publicly displayed at the treatment facility where the dental assistant performs dental services. (4) To perform coronal polishing prior to licensure as a registered dental assistant, an unlicensed dental assistant shall complete a board-approved coronal polishing course and obtain a certificate of completion. Prior to taking the coronal polishing course, the dental assistant shall provide evidence to the course provider of having completed a board-approved eight-hour course in infection control and a current, valid certification in basic life support. (A) Coronal polishing performed pursuant to this paragraph shall be performed under the direct supervision and pursuant to the order, control, and full professional responsibility of a licensed dentist, who shall, at minimum, evaluate each patient after coronal polishing procedures are performed by the dental assistant. (B) The original or a copy of the current, valid certificate issued by a board-approved coronal polishing course provider shall be publicly displayed at the treatment facility where the dental assistant performs dental services. (Amended by Stats. 2024, Ch. 483, Sec. 48. (SB 1453) Effective January 1, 2025.)
1750.1.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 7. Dental Auxiliaries [1740 - 1777] ( Article 7 repealed and added by Stats. 1974, Ch. 128. )
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Dental assistants may do certain listed procedures only under a licensed dentist’s required supervision, and they may not do several restricted procedures unless law specifically allows it.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 7. Dental Auxiliaries [1740 - 1777] ( Article 7 repealed and added by Stats. 1974, Ch. 128. ) ## 1750.1. (a) A dental assistant may perform the following duties under the general supervision and pursuant to the order, control, and full professional responsibility of a licensed dentist: (1) Extraoral duties specified by the supervising licensee that meet the definition of a basic supportive dental procedure specified in subdivision (b) of Section 1741. These duties may include a procedure that requires the use of personal protective equipment, laboratory functions, and sterilization and disinfection procedures described in Section 1005 of Title 16 of the California Code of Regulations and Section 5193 of Title 8 of the California Code of Regulations. (2) Operate dental radiography equipment for the purpose of oral radiography if the dental assistant has complied with the requirements of paragraph (4) of subdivision (f) of Section 1750. (3) Perform intraoral and extraoral photography. (b) A dental assistant may perform the following duties under the direct supervision and pursuant to the order, control, and full professional responsibility of a licensed dentist: (1) Apply nonaerosol and noncaustic topical agents, including all forms of topical fluoride. (2) Take intraoral impressions for all nonprosthodontic appliances. (3) Take facebow transfers and bite registrations. (4) Place and remove rubber dams or other isolation devices. (5) Place, wedge, and remove matrices for restorative procedures. (6) Remove postextraction dressings after inspection of the surgical site by the supervising licensed dentist. (7) Perform measurements for the purposes of orthodontic treatment. (8) Cure dental materials with a light curing device. (9) Examine orthodontic appliances. (10) Place and remove orthodontic separators. (11) Remove ligature ties and archwires. (12) After adjustment by the dentist, examine and seat removable orthodontic appliances and deliver care instructions to the patient. (13) Remove periodontal dressings. (14) Remove sutures after inspection of the site by the dentist. (15) Place patient monitoring sensors. (16) Adjust the flow of nitrous oxide and oxygen gases if deemed necessary and directed by the supervising dentist who shall be present in the operatory directly supervising the adjustment. (17) Extraoral functions specified by the supervising dentist that meet the definition of basic supportive dental procedures specified in subdivision (b) of Section 1741. Such duties may include patient monitoring, placing monitoring sensors, taking of vital signs, or other extraoral procedures related to the scope of their practice. (18) In response to a medical emergency and under the direct supervision, order, control, and full professional responsibility of the licensed dentist, a dental assistant may administer or assist in the administration of oxygen. (c) The board may specify additional allowable duties by regulation. (d) The duties of a dental assistant or a dental assistant holding a permit in orthodontic assisting or in dental sedation shall not include any of the following procedures unless specifically allowed by law: (1) Diagnosis and comprehensive treatment planning. (2) Placing, finishing, or removing permanent restorations. (3) Surgery or cutting on hard and soft tissue including, but not limited to, the removal of teeth and the cutting and suturing of soft tissue. (4) Prescribing medication. (5) Starting the flow of nitrous oxide and oxygen gases. (6) Administration of local or general anesthesia or sedation. (e) Unless otherwise permitted in this section, the duties of a dental assistant do not include any duty or procedure that only a registered dental assistant, registered dental assistant in extended functions, orthodontic assistant, dental sedation assistant, registered dental hygienist, or registered dental hygienist in alternative practice is allowed to perform. (f) The placement of pit and fissure sealants may only be performed by a registered dental assistant, registered dental assistant in extended functions, registered dental hygienist, or registered dental hygienist in alternative practice. (Amended by Stats. 2024, Ch. 483, Sec. 49. (SB 1453) Effective January 1, 2025.)
1750.2.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 7. Dental Auxiliaries [1740 - 1777] ( Article 7 repealed and added by Stats. 1974, Ch. 128. )
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The board may issue an orthodontic assistant permit if the applicant meets the listed requirements, and permit holders must renew basic life support certification, complete continuing education, and display the permit at the treatment facility.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 7. Dental Auxiliaries [1740 - 1777] ( Article 7 repealed and added by Stats. 1974, Ch. 128. ) ## 1750.2. (a) The board may issue an orthodontic assistant permit to a person who files a completed application, pays the applicable fee, and provides evidence, satisfactory to the board, of the following eligibility requirements: (1) Successful completion, within two years before the date the application is received by the board, of a two-hour board-approved course in the Dental Practice Act and an eight-hour board-approved course in infection control, and, within five years before the date the application is received by the board, of a board-approved course in ultrasonic scaling. (2) Current certification in basic life support issued by American Red Cross, American Heart Association, American Safety and Health Institute, American Dental Association’s Continuing Education Recognition Program, or Academy of General Dentistry’s Program Approval for Continuing Education. (3) Successful completion of a board-approved orthodontic assistant course. (4) A full set of fingerprints for purposes of conducting a criminal history record check. (5) Passage of a written examination administered by the board after completion of all of the other requirements of this subdivision. The written examination shall encompass the knowledge, skills, and abilities necessary to competently perform the duties specified in Section 1750.3. (b) A person who holds a permit pursuant to this section shall be responsible for obtaining recertification in basic life support as part of permit renewal and completing the continuing education requirements as established by the board pursuant to Section 1645 and the renewal requirements of Article 6 (commencing with Section 1715). (c) The original or a copy of the current, valid permit issued by the board shall be publicly displayed at the treatment facility where the permitholder performs dental services. (d) Preparation or execution of false documentation of satisfaction of any requirement under this section shall be considered unprofessional conduct and grounds for license denial, revocation, or suspension. (Amended by Stats. 2024, Ch. 483, Sec. 50. (SB 1453) Effective January 1, 2025.)
1750.3.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 7. Dental Auxiliaries [1740 - 1777] ( Article 7 repealed and added by Stats. 1974, Ch. 128. )
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An orthodontic assistant permit holder may perform specified dental duties only under the stated supervision of a licensed dentist, and the current permit must be publicly displayed at the treatment facility.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 7. Dental Auxiliaries [1740 - 1777] ( Article 7 repealed and added by Stats. 1974, Ch. 128. ) ## 1750.3. (a) A person holding an orthodontic assistant permit pursuant to Section 1750.2 may perform under the general supervision and pursuant to the order, control, and full professional responsibility of a licensed dentist all duties that a dental assistant is allowed to perform under subdivision (a) of Section 1750.1, and the following duties under the direct supervision and pursuant to the order, control, and full professional responsibility of a licensed dentist: (1) All duties that a dental assistant is allowed to perform under subdivision (b) of Section 1750.1. (2) Isolate, condition, etch, and prepare teeth for provisional attachments, bonded attachments, aligner buttons, aligner connections, orthodontic brackets, and appliances. (3) Size, fit, and secure orthodontic bands using appropriate materials. (4) Prepare teeth for bonding and select, preposition, and cure orthodontic brackets after their position has been approved by the supervising licensed dentist. (5) Remove orthodontic bands, brackets, and attachments and remove excess cement from supragingival surfaces of teeth with a hand instrument, with the removal of any remaining material by the supervising licensed dentist or registered dental assistant in extended functions licensed on or after January 1, 2010. (6) Place and ligate archwires. (7) Remove excess cement with an ultrasonic scaler from supragingival surfaces of teeth undergoing orthodontic treatment. (8) Any additional duties that the board may prescribe by regulation. (b) The original or a copy of the current, valid permit issued by the board shall be publicly displayed at the treatment facility where the permitholder performs dental services. (Amended by Stats. 2024, Ch. 483, Sec. 51. (SB 1453) Effective January 1, 2025.)
1750.4.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 7. Dental Auxiliaries [1740 - 1777] ( Article 7 repealed and added by Stats. 1974, Ch. 128. )
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The board may issue a dental sedation assistant permit if an applicant meets the listed requirements. Permit holders must keep basic life support recertification and continuing education current, display the permit at the treatment facility, and false documentation can lead to discipline.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 7. Dental Auxiliaries [1740 - 1777] ( Article 7 repealed and added by Stats. 1974, Ch. 128. ) ## 1750.4. (a) The board may issue a dental sedation assistant permit to a person who files a completed application, pays the applicable fee, and provides evidence, satisfactory to the board, of all of the following eligibility requirements: (1) Current, active, and valid licensure as a registered dental assistant or registered dental assistant in extended functions, or completion of at least 12 months of verifiable work experience as a dental assistant. (2) Successful completion, within two years before the date the application is received by the board, of a two-hour board-approved course in the Dental Practice Act and an eight-hour board-approved course in infection control. (3) Current certification in basic life support issued by American Red Cross, American Heart Association, American Safety and Health Institute, American Dental Association’s Continuing Education Recognition Program, or Academy of General Dentistry’s Program Approval for Continuing Education. (4) Successful completion of a board-approved dental sedation assistant course, which may commence after the completion of six months of work experience as a dental assistant. (5) A full set of fingerprints for purposes of conducting a criminal history record check. (6) Passage of a written examination administered by the board after completion of all of the other requirements of this subdivision. The written examination shall encompass the knowledge, skills, and abilities necessary to competently perform the duties specified in Section 1750.5. (b) A person who holds a permit pursuant to this section shall be responsible for obtaining recertification in basic life support as part of permit renewal and completing the same continuing education requirements as established by the board pursuant to Section 1645 and the renewal requirements of Article 6 (commencing with Section 1715). (c) The original or a copy of the current, valid permit issued by the board shall be publicly displayed at the treatment facility where the permitholder performs dental services. (d) Preparation or execution of false documentation of satisfaction of any requirement under this section shall be considered unprofessional conduct and grounds for license denial, revocation, or suspension. (Amended by Stats. 2024, Ch. 483, Sec. 52. (SB 1453) Effective January 1, 2025.)
1750.5.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 7. Dental Auxiliaries [1740 - 1777] ( Article 7 repealed and added by Stats. 1974, Ch. 128. )
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A dental sedation assistant permit holder may do specified dental assistant and sedation-support tasks only under the required supervision, must display the permit at the treatment facility, and may not perform those duties outside a dental office or dental clinic.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 7. Dental Auxiliaries [1740 - 1777] ( Article 7 repealed and added by Stats. 1974, Ch. 128. ) ## 1750.5. (a) A person who holds a dental sedation assistant permit pursuant to Section 1750.4 may perform under general supervision and pursuant to the order, control, and full professional responsibility of a licensed dentist all duties that a dental assistant is allowed to perform under subdivision (a) of Section 1750.1 and the following duties under the direct supervision and pursuant to the order, control, and full professional responsibility of a current, valid licensed dentist or other licensed health care professional authorized to administer moderate sedation, deep sedation, or general anesthesia in the treatment facility: (1) All duties that a dental assistant is allowed to perform under subdivision (b) of Section 1750.1. (2) Monitor patients undergoing moderate sedation, deep sedation, or general anesthesia utilizing data from noninvasive instrumentation such as pulse oximeters, electrocardiograms, capnography, blood pressure, pulse, and respiration rate monitoring devices. Evaluation of the condition of a sedated patient shall remain the responsibility of the supervising dentist or the licensed health care professional authorized to administer moderate sedation, deep sedation, or general anesthesia, who shall be at the patient’s chairside while moderate sedation, deep sedation, or general anesthesia is being administered. (3) Drug identification and draw, limited to identification of appropriate medications, ampule and vial preparation, and withdrawing drugs of correct amount as verified by the supervising licensed dentist, or the licensed health care professional authorized to administer moderate sedation, deep sedation, or general anesthesia. (4) Add drugs, medications, and fluids to intravenous lines using a syringe, provided that a supervising licensed dentist is present at the patient’s chairside, limited to determining patency of intravenous line, selection of injection port, syringe insertion into injection port, occlusion of intravenous line and blood aspiration, line release, and injection of drugs for appropriate time interval. The exception to this duty is that the initial dose of a drug or medication shall be administered by the supervising licensed dentist or licensed health care professional authorized to administer moderate sedation, deep sedation, or general anesthesia. (5) Removal of intravenous lines. (6) Any additional duties that the board may prescribe by regulation. (b) The duties listed in paragraphs (1) to (5), inclusive, of subdivision (a) may not be performed in any setting other than a dental office or dental clinic. (c) The original or a copy of the current, valid permit issued by the board shall be publicly displayed at the treatment facility where the permitholder performs dental services. (Amended by Stats. 2024, Ch. 483, Sec. 53. (SB 1453) Effective January 1, 2025.)
17500.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1. False Advertising in General [17500 - 17509] ( Article 1 added by Stats. 1941, Ch. 63. )
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This section makes false or misleading advertising unlawful and treats violations as misdemeanors.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1. False Advertising in General [17500 - 17509] ( Article 1 added by Stats. 1941, Ch. 63. ) ## 17500. It is unlawful for any person, firm, corporation or association, or any employee thereof with intent directly or indirectly to dispose of real or personal property or to perform services, professional or otherwise, or anything of any nature whatsoever or to induce the public to enter into any obligation relating thereto, to make or disseminate or cause to be made or disseminated before the public in this state, or to make or disseminate or cause to be made or disseminated from this state before the public in any state, in any newspaper or other publication, or any advertising device, or by public outcry or proclamation, or in any other manner or means whatever, including over the Internet, any statement, concerning that real or personal property or those services, professional or otherwise, or concerning any circumstance or matter of fact connected with the proposed performance or disposition thereof, which is untrue or misleading, and which is known, or which by the exercise of reasonable care should be known, to be untrue or misleading, or for any person, firm, or corporation to so make or disseminate or cause to be so made or disseminated any such statement as part of a plan or scheme with the intent not to sell that personal property or those services, professional or otherwise, so advertised at the price stated therein, or as so advertised. Any violation of the provisions of this section is a misdemeanor punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both that imprisonment and fine. (Amended by Stats. 1998, Ch. 599, Sec. 2.5. Effective January 1, 1999.)
17500.1.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1. False Advertising in General [17500 - 17509] ( Article 1 added by Stats. 1941, Ch. 63. )
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Certain trade/professional groups and Department of Consumer Affairs bodies may not adopt rules that restrict lawful advertising.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1. False Advertising in General [17500 - 17509] ( Article 1 added by Stats. 1941, Ch. 63. ) ## 17500.1. Notwithstanding any other provision of law, no trade or professional association, or state agency, state board, or state commission within the Department of Consumer Affairs shall enact any rule, regulation, or code of professional ethics which shall restrict or prohibit advertising by any commercial or professional person, firm, partnership or corporation which does not violate the provisions of Section 17500 of the Business and Professions Code, or which is not prohibited by other provisions of law. The provisions of this section shall not apply to any rules or regulations heretofore or hereafter formulated pursuant to Section 6076. (Amended by Stats. 1979, Ch. 653.)
17500.3.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1. False Advertising in General [17500 - 17509] ( Article 1 added by Stats. 1941, Ch. 63. )
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Home solicitors at a buyer’s residence must disclose who they are, who they represent, and what they are selling before saying anything else, and they may not use deceptive schemes or ruses.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1. False Advertising in General [17500 - 17509] ( Article 1 added by Stats. 1941, Ch. 63. ) ## 17500.3. (a) It is unlawful for any person to solicit a sale or order for sale of goods or services at the residence of a prospective buyer, in person or by means of telephone, without clearly, affirmatively and expressly revealing at the time the person initially contacts the prospective buyer, and before making any other statement, except a greeting, or asking the prospective buyer any other questions, that the purpose of the contact is to effect a sale, by doing all of the following: (1) Stating the identity of the person making the solicitation. (2) Stating the trade name of the person represented by the person making the solicitation. (3) Stating the kind of goods or services being offered for sale. (4) And, in the case of an “in person” contact, the person making the solicitation shall, in addition to meeting the requirements of paragraphs (1), (2) and (3), show or display identification which states the information required by paragraphs (1) and (2) as well as the address of the place of business of one of such persons so identified. (b) It is unlawful for any person, in soliciting a sale or order for the sale of goods or services at the residence of a prospective buyer, in person or by telephone, to use any plan, scheme, or ruse which misrepresents his true status or mission for the purpose of making such sale or order for the sale of goods or services. (c) In addition to any other penalties or remedies applicable to violations of this section, the intentional violation of this section shall entitle persons bound to a contract, when there was a sales approach or presentation or both in which such intentional violation of this section took place, to damages of two times the amount of the sale price or up to two hundred fifty dollars ($250), whichever is greater, but in no case shall such damages be less than fifty dollars ($50); provided, however, that as a condition precedent to instituting such action hereunder against the person represented by the person making the solicitation, the aggrieved party shall, in writing, demand that the person represented by the solicitor terminate such contract and return any and all payments made thereunder, and that the person represented by the solicitor shall have refused within a reasonable time, such termination and return. If the person represented by the person making the solicitation elects to terminate, he shall return to the aggrieved party payments received for any and all goods, and for services not rendered, and upon return of such payments, the aggrieved party shall return any and all goods received under the contract. For the purposes of this section, a reasonable time shall mean 20 business days from the date of demand. This subdivision shall not apply to a cause of action commenced under any other provision of law, including, but not limited to, a cause of action commenced pursuant to Section 382 of the Code of Civil Procedure or Section 1781 of the Civil Code. Any rights under this subdivision shall be waived if subsequent to the signing of the contract the party bound by the contract states that identification, as required by this section, was given. (d) Persons represented by the person making the solicitation shall keep and maintain copies of all demands for termination for violation of this section for a period of one year from date of receipt. Failure to maintain such records shall create a presumption affecting the burden of proof that demand for termination had been properly made. (e) Where any provision of law provides a penalty for the violation of any offense specified in this section, it shall be a defense to the imposition of such penalty as to any defendant who did not commit the act or acts constituting the offense that such defendant did not know, and with the exercise of reasonable care could not have known, that the act was committed, which constitutes the violation of this section. (f) As used in this section “person” includes any individual, firm, partnership, corporation, association or other organization, but does not include any nonprofit charitable organization, or any person selling any intangibles, or any items defined in Section 1590(a)(1), of Title 18 of the California Administrative Code as it read on July 15, 1972. (g) This section shall not prohibit nor authorize the enactment by the governing body of any city, county, or city and county, of ordinances relating to home solicitations which are more restrictive of such solicitation than the provisions of this section. (Amended by Stats. 1975, Ch. 343.)
17500.5.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1. False Advertising in General [17500 - 17509] ( Article 1 added by Stats. 1941, Ch. 63. )
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A seller may not advertise a product’s available quantity falsely or omit a real quantity restriction, and may face liability if the false or negligent ad lures a retail customer in and the seller then refuses to sell at the advertised price.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1. False Advertising in General [17500 - 17509] ( Article 1 added by Stats. 1941, Ch. 63. ) ## 17500.5. (a) It is unlawful for any person, firm, corporation or association to falsely represent by advertisement the quantity of any article so advertised that will be sold to any one customer on his demand in a single transaction, and willfully or negligently to fail to include in such advertisement a statement that any restriction that is in fact put upon the quantity of any article so advertised that is sold or offered for sale to any one customer on his demand in a single transaction. (b) Any person, firm, corporation, or association who, by means of such false or negligent advertisement or publicity, induces any individual retail purchaser and consumer to enter any place of business designated therein seeking to buy any article so advertised or publicized, and then refuses to sell to such person the article at the price advertised in any quantity then available for sale on said premises, shall be liable to each person so induced and refused, for the losses and expenses thereby incurred, and the sum of fifty dollars ($50) in addition thereto. (c) Nothing in this section shall affect any right a seller may have to refuse to extend credit to a customer, and this section shall not be applicable to a customer purchasing for resale. (d) The provisions of subdivision (b) are applicable only to actions brought in the name of, and on behalf of, a single plaintiff and shall not be applicable in multiple plaintiff or class actions. (Added by Stats. 1970, Ch. 1121.)
17500.6.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1. False Advertising in General [17500 - 17509] ( Article 1 added by Stats. 1941, Ch. 63. )
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A seller of a digital good cannot market it as a purchase or unrestricted ownership unless the seller gives the buyer one of two required license disclosures.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1. False Advertising in General [17500 - 17509] ( Article 1 added by Stats. 1941, Ch. 63. ) ## 17500.6. (a) For purposes of this section, the following definitions apply: (1) “Clear and conspicuous” means in a manner that clearly calls attention to the language, such as in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks. (2) “Digital application or game” means any application or game that a person accesses and manipulates using a specialized electronic gaming device, computer, mobile device, tablet, or other device with a display screen, including any add-ons or additional content for that application or game. (3) “Digital audio work” means a work that results from the fixation of a series of musical, spoken, or other sounds that are transferred electronically, including prerecorded or live songs, music, readings of books or other written materials, speeches, ringtones, or other sound recording. (4) “Digital audiovisual work” means a series of related images that, when shown in succession, impart an impression of motion, together with accompanying sounds. “Digital audiovisual work” includes motion pictures, musicals, videos, news and entertainment programs, and live events. (5) “Digital book” means a work that is generally recognized in the ordinary and usual sense as a book that is transferred electronically, including a work of fiction or nonfiction. (6) “Digital code” means a code that provides the person that holds the code a right to obtain an additional digital good, a digital audiovisual work, digital audio work, or digital book that may be obtained by any means, including tangible forms and electronic mail, regardless of whether the code is designated as song code, video code, or book code. “Digital code” includes codes used to access or obtain any specified digital goods, or any additional digital goods that have been previously purchased, and promotion cards or codes that are purchased by a retailer or other business entity for use by the retailer’s or entity’s customers. (7) “Digital good” means a digital audiovisual work, digital audio work, digital book, digital code, or digital application or game, whether electronically or digitally delivered or accessed. “Digital good” does not include a cable television service, satellite relay television service, or any other distribution of television, video, or radio service. (b) (1) It shall be unlawful for a seller of a digital good to advertise or offer for sale a digital good to a purchaser with the terms “buy,” “purchase,” or any other term which a reasonable person would understand to confer an unrestricted ownership interest in the digital good, or alongside an option for a time-limited rental, unless either of the following occur: (A) The seller receives at the time of each transaction an affirmative acknowledgment from the purchaser indicating all of the following: (i) That the purchaser is receiving a license to access the digital good. (ii) A complete list of restrictions and conditions of the license. (iii) That access to the digital good may be unilaterally revoked by the seller if they no longer hold a right to the digital good, if applicable. (B) The seller provides to the consumer before executing each transaction a clear and conspicuous statement that does both of the following: (i) States in plain language that “buying” or “purchasing” the digital good is a license. (ii) Includes a hyperlink, QR code, or similar method to access the terms and conditions that provide full details on the license. (2) Any affirmative acknowledgment from the purchaser or clear and conspicuous statement pursuant to paragraph (1) shall be distinct and separate from any other terms and conditions of the transaction that the purchaser acknowledges or agrees to. (3) This section does not require a person to download a digital good, or prohibit a person from storing a digital good on a server for access through the internet. (4) This section does not apply to any of the following: (A) Any subscription-based service that advertises or offers for sale access to any digital good solely for the duration of the subscription. (B) Any digital good that is advertised or offered to a person for no monetary consideration. (C) Any digital good that is advertised or offered to a person that the seller cannot revoke access to after the transaction, which includes making the digital good available at the time of purchase for permanent offline download to an external storage source to be used without a connection to the internet. (Added by Stats. 2024, Ch. 513, Sec. 1. (AB 2426) Effective January 1, 2025.)
17501.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1. False Advertising in General [17500 - 17509] ( Article 1 added by Stats. 1941, Ch. 63. )
Verify source ↗

This section defines how to determine the worth or value of advertised items and limits when a former price may be advertised.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1. False Advertising in General [17500 - 17509] ( Article 1 added by Stats. 1941, Ch. 63. ) ## 17501. For the purpose of this article the worth or value of any thing advertised is the prevailing market price, wholesale if the offer is at wholesale, retail if the offer is at retail, at the time of publication of such advertisement in the locality wherein the advertisement is published. No price shall be advertised as a former price of any advertised thing, unless the alleged former price was the prevailing market price as above defined within three months next immediately preceding the publication of the advertisement or unless the date when the alleged former price did prevail is clearly, exactly and conspicuously stated in the advertisement. (Added by Stats. 1941, Ch. 63.)
17502.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1. False Advertising in General [17500 - 17509] ( Article 1 added by Stats. 1941, Ch. 63. )
Verify source ↗

This section exempts certain broadcasters, online service providers, and publishers when they publish or broadcast ads in good faith without knowing the ad is false, deceptive, or misleading.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1. False Advertising in General [17500 - 17509] ( Article 1 added by Stats. 1941, Ch. 63. ) ## 17502. This article does not apply to any visual or sound radio broadcasting station, to any internet service provider or commercial online service, or to any publisher of a newspaper, magazine, or other publication, who broadcasts or publishes, including over the Internet, an advertisement in good faith, without knowledge of its false, deceptive, or misleading character. (Amended by Stats. 1998, Ch. 599, Sec. 3. Effective January 1, 1999.)
17504.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1. False Advertising in General [17500 - 17509] ( Article 1 added by Stats. 1941, Ch. 63. )
Verify source ↗

Retail sellers advertising multiple-unit consumer goods or services by price must show the price of the minimum multiple unit.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1. False Advertising in General [17500 - 17509] ( Article 1 added by Stats. 1941, Ch. 63. ) ## 17504. (a) Any person, partnership, corporation, firm, joint stock company, association, or organization engaged in business in this state as a retail seller who sells any consumer good or service which is sold only in multiple units and which is advertised by price shall advertise those goods or services at the price of the minimum multiple unit in which they are offered. (b) Nothing contained in subdivision (a) shall prohibit a retail seller from advertising any consumer good or service for sale at a single unit price where the goods or services are sold only in multiple units and not in single units as long as the advertisement also discloses, at least as prominently, the price of the minimum multiple unit in which they are offered. (c) For purposes of subdivisions (a) and (b), “consumer good” means any article which is used or bought for use primarily for personal, family, or household purposes, but does not include any food item. (d) For the purposes of subdivisions (a) and (b), “consumer service” means any service which is obtained for use primarily for personal, family, or household purposes. (e) For purposes of subdivisions (a) and (b), “retail seller” means an individual, firm, partnership, corporation, joint stock company, association, organization, or other legal relationship which engages in the business of selling consumer goods or services to retail buyers. (Amended by Stats. 1987, Ch. 439, Sec. 1.)
17505.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1. False Advertising in General [17500 - 17509] ( Article 1 added by Stats. 1941, Ch. 63. )
Verify source ↗

A person must not make false business claims in ads or otherwise misrepresent the character, extent, volume, or type of the business.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1. False Advertising in General [17500 - 17509] ( Article 1 added by Stats. 1941, Ch. 63. ) ## 17505. No person shall state, in an advertisement of his goods, that he is a producer, manufacturer, processor, wholesaler, or importer, or that he owns or controls a factory or other source of supply of goods, when such is not the fact, and no person shall in any other manner misrepresent the character, extent, volume, or type of his business. (Added by Stats. 1963, Ch. 1733.)
17505.2.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1. False Advertising in General [17500 - 17509] ( Article 1 added by Stats. 1941, Ch. 63. )
Verify source ↗

A person may not hold themself out as a recreation therapist, use recreation therapy terms, or use listed abbreviations unless the person meets the stated education and certification requirements.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1. False Advertising in General [17500 - 17509] ( Article 1 added by Stats. 1941, Ch. 63. ) ## 17505.2. (a) It is unlawful for a person to represent himself or herself as a recreation therapist, to represent the services he or she performs as recreation therapy, or to use terms set forth in subdivision (c) in connection with his or her services, name, or place of business, unless he or she meets all of the following requirements: (1) Graduation from an accredited college or university with a minimum of a baccalaureate degree in recreation therapy or in recreation and leisure studies with a specialization in recreation therapy. Alternatively, a person who does not have one of the preceding degrees may qualify if he or she has a baccalaureate degree in a specialization acceptable for certification or eligible for certification by any accrediting body specified in paragraph (2). (2) Current certification or eligibility for certification as a recreation therapist by the California Board of Recreation and Park Certification or by the National Council for Therapeutic Recreation Certification, Inc. (b) No person shall represent himself or herself as a recreation therapist assistant, or represent the services he or she performs as being in any way related to recreation therapy, unless he or she at a minimum has current certification, or has eligibility for certification, by the California Board of Recreation and Park Certification or by the National Council for Therapeutic Recreation Certification, Inc., as a recreation therapist assistant. (c) A person who does not meet the requirements of subdivision (a) or (b) may not use any of the following words or abbreviations in connection with his or her services, name, or place of business: (1) Recreation therapist registered. (2) Recreation therapist certified. (3) Certified therapeutic recreation specialist. (4) Recreation therapist. (5) Recreation therapist assistant registered. (6) Certified therapeutic recreation assistant. (7) RTR. (8) RTC. (9) CTRS. (10) RT. (11) RTAR. (12) CTRA. (d) For purposes of subdivision (c), the abbreviation RT shall not be construed to include rehabilitation therapist or respiratory therapist. (e) Any person injured by a violation of this section may bring a civil action and may recover one thousand five hundred dollars ($1,500) for the first violation and two thousand five hundred dollars ($2,500) for each subsequent violation. This is the sole remedy for a violation of this section. (Amended by Stats. 1998, Ch. 485, Sec. 26. Effective January 1, 1999.)
17506.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1. False Advertising in General [17500 - 17509] ( Article 1 added by Stats. 1941, Ch. 63. )
Verify source ↗

In this chapter, “person” includes an individual, partnership, firm, association, or corporation.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1. False Advertising in General [17500 - 17509] ( Article 1 added by Stats. 1941, Ch. 63. ) ## 17506. As used in this chapter, “person” includes any individual, partnership, firm, association, or corporation. (Added by Stats. 1970, Ch. 664.)
17506.5.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1. False Advertising in General [17500 - 17509] ( Article 1 added by Stats. 1941, Ch. 63. )
Verify source ↗

This section defines two terms used in the chapter: “Board within the Department of Consumer Affairs” and “Local consumer affairs agency.”

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1. False Advertising in General [17500 - 17509] ( Article 1 added by Stats. 1941, Ch. 63. ) ## 17506.5. As used in this chapter: (a) “Board within the Department of Consumer Affairs” includes any commission, bureau, division, or other similarly constituted agency within the Department of Consumer Affairs. (b) “Local consumer affairs agency” means and includes any city or county body which primarily provides consumer protection services. (Added by Stats. 1979, Ch. 897.)
17507.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1. False Advertising in General [17500 - 17509] ( Article 1 added by Stats. 1941, Ch. 63. )
Verify source ↗

It is unlawful to run a price advertisement for more than one product or service in the same class unless the price clearly and conspicuously identifies which item it applies to.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1. False Advertising in General [17500 - 17509] ( Article 1 added by Stats. 1941, Ch. 63. ) ## 17507. It is unlawful for any person, firm, corporation or association to make an advertising claim or representation pertaining to more than one article of merchandise or type of service, within the same class of merchandise or service, if any price set forth in such claim or representation does not clearly and conspicuously identify the article of merchandise or type of service to which it relates. Disclosure of the relationship between the price and particular article of merchandise or type of service by means of an asterisk or other symbol, and corresponding footnote, does not meet the requirement of clear and conspicuous identification when the particular article of merchandise or type of service is not represented pictorially. (Added by Stats. 1971, Ch. 682.)
17508.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1. False Advertising in General [17500 - 17509] ( Article 1 added by Stats. 1941, Ch. 63. )
Verify source ↗

Businesses advertising to California consumers must not make false or misleading ad claims, and may have to produce evidence supporting the claims if a request is made.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1. False Advertising in General [17500 - 17509] ( Article 1 added by Stats. 1941, Ch. 63. ) ## 17508. (a) It shall be unlawful for any person doing business in California and advertising to consumers in California to make any false or misleading advertising claim, including claims that (1) purport to be based on factual, objective, or clinical evidence, (2) compare the product’s effectiveness or safety to that of other brands or products, or (3) purport to be based on any fact. (b) Upon written request of the Director of Consumer Affairs, the Attorney General, or any city attorney, county counsel, or district attorney, any person doing business in California and in whose behalf advertising claims are made to consumers in California, including claims that (1) purport to be based on factual, objective, or clinical evidence, (2) compare the product’s effectiveness or safety to that of other brands or products, or (3) purport to be based on any fact, shall provide to the department or official making the request evidence of the facts on which the advertising claims are based. The request shall be made within one year of the last day on which the advertising claims were made. Any city attorney, county counsel, or district attorney who makes a request pursuant to this subdivision shall give prior notice of the request to the Attorney General. (c) The Director of Consumer Affairs, Attorney General, or any city attorney, county counsel, or district attorney may, upon failure of an advertiser to respond by adequately substantiating the claim within a reasonable time, or if the Director of Consumer Affairs, Attorney General, city attorney, county counsel, or district attorney shall have reason to believe that the advertising claim is false or misleading, do either or both of the following: (1) Seek an immediate termination or modification of the claim by the person in accordance with Section 17535. (2) Disseminate information, taking due care to protect legitimate trade secrets, concerning the veracity of the claims or why the claims are misleading to the consumers of this state. (d) The relief provided for in subdivision (c) is in addition to any other relief that may be sought for a violation of this chapter. Section 17534 shall not apply to violations of this section. (e) Nothing in this section shall be construed to hold any newspaper publisher or radio or television broadcaster liable for publishing or broadcasting any advertising claims referred to in subdivision (a), unless the publisher or broadcaster is the person making the claims. (f) The plaintiff shall have the burden of proof in establishing any violation of this section. (g) If an advertisement is in violation of subdivision (a) and Section 17500, the court shall not impose a separate civil penalty pursuant to Section 17536 for the violation of subdivision (a) and the violation of Section 17500 but shall impose a civil penalty for the violation of either subdivision (a) or Section 17500. (Amended by Stats. 2016, Ch. 38, Sec. 1. (SB 1130) Effective January 1, 2017.)
17509.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1. False Advertising in General [17500 - 17509] ( Article 1 added by Stats. 1941, Ch. 63. )
Verify source ↗

Certain ads that tie one product or service sale to the purchase or lease of another product or service must conspicuously disclose the price of all covered items.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1. False Advertising in General [17500 - 17509] ( Article 1 added by Stats. 1941, Ch. 63. ) ## 17509. (a) Any advertisement, including any advertisement over the Internet, soliciting the purchase or lease of a product or service, or any combination thereof, that requires, as a condition of sale, the purchase or lease of a different product or service, or any combination thereof, shall conspicuously disclose in the advertisement the price of all those products or services. This requirement shall not in any way affect the provisions of Sections 16726 and 16727, with respect to unlawful buying arrangements. (b) Subdivision (a) does not apply to any of the following: (1) Contractual plans or arrangements complying with this paragraph under which the seller periodically provides the consumer with a form or announcement card which the consumer may use to instruct the seller not to ship the offered merchandise. Any instructions not to ship merchandise included on the form or card shall be printed in type as large as all other instructions and terms stated on the form or card. The form or card shall specify a date by which it shall be mailed by the consumer (the “mailing date”) or received by the seller (the “return date”) to prevent shipment of the offered merchandise. The seller shall mail the form or card either at least 25 days prior to the return date or at least 20 days prior to the mailing date, or provide a mailing date of at least 10 days after receipt by the consumer, except that whichever system the seller chooses for mailing the form or card, shall be calculated to afford the consumer at least 10 days in which to mail his or her form or card. The form or card shall be preaddressed to the seller so that it may serve as a postal reply card or, alternatively, the form or card shall be accompanied by a return envelope addressed to seller. Upon the membership contract or application form or on the same page and immediately adjacent to the contract or form, and in clear and conspicuous language, there shall be disclosed the material terms of the plan or arrangement including all of the following: (A) That aspect of the plan under which the subscriber shall notify the seller, in the manner provided for by the seller, if the seller does not wish to purchase or receive the selection. (B) Any obligation assumed by the subscriber to purchase a minimum quantity of merchandise. (C) The right of a contract-complete subscriber to cancel his or her membership at any time. (D) Whether billing charges will include an amount for postage and handling. (2) Other contractual plans or arrangements not covered under subdivision (a), such as continuity plans, subscription arrangements, standing order arrangements, supplements, and series arrangements under which the seller periodically ships merchandise to a consumer who has consented in advance to receive that merchandise on a periodic basis. (c) This section shall not apply to the publisher of any newspaper, periodical, or other publication, or any radio or television broadcaster, or the owner or operator of any cable, satellite, or other medium of communication who broadcasts or publishes, including over the Internet, an advertisement or offer in good faith, without knowledge of its violation of subdivision (a). (Amended by Stats. 1998, Ch. 599, Sec. 4. Effective January 1, 1999.)
1751.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 7. Dental Auxiliaries [1740 - 1777] ( Article 7 repealed and added by Stats. 1974, Ch. 128. )
Verify source ↗

The board must review certain dental auxiliary duties and related supervision rules at least once every seven years and update the regulations when needed.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 7. Dental Auxiliaries [1740 - 1777] ( Article 7 repealed and added by Stats. 1974, Ch. 128. ) ## 1751. At least once every seven years, the board shall review the allowable duties for dental assistants, registered dental assistants, registered dental assistants in extended functions, dental sedation assistant permitholders, and orthodontic assistant permitholders, the supervision level for these categories, and the settings under which these duties may be performed, and shall update the regulations as necessary to keep them current with the state of the dental practice. (Amended by Stats. 2018, Ch. 703, Sec. 19. (SB 1491) Effective January 1, 2019.)
17510.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.3. Charitable Solicitations [17510 - 17510.95] ( Article 1.3 added by Stats. 1972, Ch. 1113. )
Verify source ↗

This section says charitable solicitations have caused fraud and deceit, and that the article is meant to protect the public and encourage fair charitable fundraising.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.3. Charitable Solicitations [17510 - 17510.95] ( Article 1.3 added by Stats. 1972, Ch. 1113. ) ## 17510. (a) The Legislature finds that there exists in the area of solicitations and sales solicitations for charitable purposes a condition which has worked fraud, deceit and imposition upon the people of the state which existing legal remedies are inadequate to correct. Many solicitations or sales solicitations for charitable purposes have involved situations where funds are solicited from the citizens of this state for charitable purposes, but an insignificant amount, if any, of the money solicited and collected actually is received by any charity. The charitable solicitation industry has a significant impact upon the well-being of the people of this state. The provisions of this article relating to solicitations and sale solicitations for charitable purposes are, therefore, necessary for the public welfare. (b) The Legislature declares that the purpose of this article is to safeguard the public against fraud, deceit and imposition, and to foster and encourage fair solicitations and sales solicitations for charitable purposes, wherein the person from whom the money is being solicited will know what portion of the money will actually be utilized for charitable purposes. This article will promote legitimate solicitations and sales solicitation for charitable purposes and restrict harmful solicitation methods, thus the people of this state will not be misled into giving solicitors a substantial amount of money which may not in fact be used for charitable purposes. (Amended by Stats. 1980, Ch. 1267, Sec. 1.)
17510.1.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.3. Charitable Solicitations [17510 - 17510.95] ( Article 1.3 added by Stats. 1972, Ch. 1113. )
Verify source ↗

For this article, “sale” includes a gift made with the hope or expectation of monetary compensation.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.3. Charitable Solicitations [17510 - 17510.95] ( Article 1.3 added by Stats. 1972, Ch. 1113. ) ## 17510.1. As used in this article, “sale” shall include a gift made with the hope or expectation of monetary compensation. (Added by Stats. 1972, Ch. 1113.)
17510.2.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.3. Charitable Solicitations [17510 - 17510.95] ( Article 1.3 added by Stats. 1972, Ch. 1113. )
Verify source ↗

This section defines several charity-related solicitation terms.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.3. Charitable Solicitations [17510 - 17510.95] ( Article 1.3 added by Stats. 1972, Ch. 1113. ) ## 17510.2. (a) As used in this article, “solicitation for charitable purposes,” means any request, plea, entreaty, demand, or invitation, or attempt thereof, to give money or property, in connection with which any of the following applies: (1) Any appeal is made for charitable purposes. (2) The name of any charity, philanthropic or charitable organization is used or referred to in any such appeal as an inducement for making any such gift. (3) Any statement is made to the effect that the gift or any part thereof will go to or be used for any charitable purpose or organization. (4) The name of any organization of law enforcement personnel, firefighters, or other persons who protect the public safety is used or referred to as an inducement for transferring any money or property, unless the only expressed or implied purpose of the solicitation is for the sole benefit of the actual active membership of the organization. (b) As used in this article, “sales solicitation for charitable purposes” means the sale of, offer to sell, or attempt to sell any advertisement, advertising space, book, card, chance, coupon device, magazine subscription, membership, merchandise, ticket of admission or any other thing or service in connection with which any of the following applies: (1) Any appeal is made for charitable purposes. (2) The name of any charity, philanthropic or charitable organization is used or referred to in any such appeal as an inducement for making any such sale. (3) Any statement is made to the effect that the whole or any part of the proceeds from the sale will go to or be used for any charitable purpose or organization. (4) The name of any organization of law enforcement personnel, firefighters, or other persons who protect the public safety is used or referred to as an inducement for transferring any money or property, unless the only expressed or implied purpose of the sales solicitation is for the sole benefit of the actual active membership of the organization. (c) A solicitation for charitable purposes, or a sale, offer or attempt to sell for charitable purposes, shall include the making or disseminating or causing to be made or disseminated before the public in this state, in any newspaper or other publication, or any advertising device, or by public outcry or proclamation, or in any other manner or means whatsoever any such solicitation. (d) For purposes of this article, “charity” shall include any person who, or any nonprofit community organization, fraternal, benevolent, educational, philanthropic, or service organization, or governmental employee organization which, solicits or obtains contributions solicited from the public for charitable purposes or holds any assets for charitable purposes. (Amended by Stats. 1998, Ch. 445, Sec. 1. Effective January 1, 1999.)
17510.25.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.3. Charitable Solicitations [17510 - 17510.95] ( Article 1.3 added by Stats. 1972, Ch. 1113. )
Verify source ↗

A charity may run a roadway solicitation only if it uses qualifying public-safety personnel, files an application at least 10 business days before the solicitation starts, and includes specified details and at least $1 million in liability insurance.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.3. Charitable Solicitations [17510 - 17510.95] ( Article 1.3 added by Stats. 1972, Ch. 1113. ) ## 17510.25. (a) A charity, as defined in subdivision (e), may engage in a solicitation for charitable purposes that involves persons standing in a public roadway soliciting contributions from passing motorists, if both of the following requirements are met: (1) The persons to be engaged in the solicitation are law enforcement personnel, firefighters, or other persons employed to protect the public safety of a local agency, as defined in subdivision (d), and that are soliciting solely in an area that is within the service area of that local agency. (2) The charity files an application with the city, county, or city and county, as applicable, having jurisdiction over the location or locations where the solicitation is to occur. The application shall be filed not later than 10 business days before the date that the solicitation is to begin and shall include all of the following: (A) The date or dates and times of day when the solicitation is to occur. (B) The location or locations where the solicitation is to occur. (C) The manner and conditions under which the solicitation is to occur. (D) Proof of a valid liability insurance policy in the amount of at least one million dollars ($1,000,000) insuring the charity, the local agency referenced in paragraph (1), and the city, county, or city and county referenced in this paragraph against bodily injury and property damage arising out of or in connection with the solicitation. (b) The city, county, or city and county shall approve the application within five business days of the filing date of the application, but may impose reasonable conditions in writing that are consistent with the intent of this section and that are based on articulated public safety concerns. (c) By acting under this section, a local agency referred to in paragraph (1) of subdivision (a) and a city, county, or city and county referred to in paragraph (2) of subdivision (a) do not waive or limit any immunity from liability provided by any other provision of law. (d) For purposes of this section, “local agency” means a city, county, city and county, special district, joint powers authority, or other political subdivision of the state. (e) For purposes of this section, “charity” means a charity subject to supervision by the Attorney General pursuant to Article 7 (commencing with Section 12580) of Chapter 6 of Part 2 of Division 3 of Title 2 of the Government Code. (f) The Legislature finds and declares that the extraordinary liability insurance requirement contained in this section is necessary in order to protect the public safety due solely to the particular and unique circumstances governed by this section that involve charitable solicitations from passing motorists in a public roadway, where the activity of solicitation may present a recognizable potential safety hazard. (g) This section is not intended to prevent a local agency from adopting an ordinance regulating the time, place, or manner of charitable solicitations in a public roadway by other persons or charities. (Added by Stats. 2007, Ch. 446, Sec. 2. Effective January 1, 2008.)
17510.3.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.3. Charitable Solicitations [17510 - 17510.95] ( Article 1.3 added by Stats. 1972, Ch. 1113. )
Verify source ↗

Charitable solicitors or sellers must show a disclosure card before soliciting, or may use compliant printed material instead, and the disclosure must meet specific content and formatting rules.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.3. Charitable Solicitations [17510 - 17510.95] ( Article 1.3 added by Stats. 1972, Ch. 1113. ) ## 17510.3. (a) Prior to any solicitation or sales solicitation for charitable purposes, the solicitor or seller shall exhibit to the prospective donor or purchaser a card entitled “Solicitation or Sale for Charitable Purposes Card.” The card shall be signed and dated under penalty of perjury by an individual who is a principal, staff member, or officer of the soliciting organization. The card shall give the name and address of the soliciting organization or the person who signed the card and the name and business address of the paid individual who is doing the actual soliciting. In lieu of exhibiting a card, the solicitor or seller may distribute during the course of the solicitation any printed material, such as a solicitation brochure, provided the material complies with the standards set forth below, and provided that the solicitor or seller informs the prospective donor or purchaser that the information as required below is contained in the printed material. Information on the card or printed material shall be presented in at least 10-point type and shall include the following: (1) The name and address of the combined campaign, each organization, or fund on behalf of which all or any part of the money collected will be utilized for charitable purposes. (2) If there is no organization or fund, the manner in which the money collected will be utilized for charitable purposes. (3) The non-tax-exempt status of the organization or fund, if the organization or fund for which the money or funds are being solicited does not have a charitable tax exemption under both federal and state law. (4) The percentage of the total gift or purchase price which may be deducted as a charitable contribution under both federal and state law. If no portion is so deductible the card shall state that “This contribution is not tax deductible.” (5) If the organization making the solicitation represents any nongovernmental organization by any name which includes, but is not limited to, the term “officer,” “peace officer,” “police,” “law enforcement,” “reserve officer,” “deputy,” “California Highway Patrol,” “Highway Patrol,” “deputy sheriff,” “firefighter,” or “fire marshall,” which would reasonably be understood to imply that the organization is composed of law enforcement or firefighting personnel, the solicitor shall give the total number of members in the organization and the number of members working or living within the county where the solicitation is being made, and if the solicitation is for advertising, the statewide circulation of the publication in which the solicited ad will appear. (6) If the organization making the solicitation represents any nongovernmental organization by any name which includes, but is not limited to, the term “veteran” or “veterans,” which would reasonably be understood to imply that the organization is composed of veterans, the solicitor shall give the total number of members in the organization and the number of members working or living within the county where the solicitation is being made. This paragraph does not apply to federally chartered or state incorporated veterans’ organizations with 200 or more dues paying members or to a thrift store operated or controlled by a federally chartered or state incorporated veterans’ organization. This paragraph does not apply to any state incorporated community-based organization that provides direct services to veterans and their families and qualifies as a tax-exempt organization under Section 501(c)(3) or 501(c)(19) of the Internal Revenue Code and Section 23701d of the Revenue and Taxation Code. (b) Knowing and willful noncompliance by any individual volunteer who receives no compensation of any type from or in connection with a solicitation by any charitable organization shall subject the solicitor or seller to the penalties of the law. (c) When the solicitation is not a sales solicitation, any individual volunteer who receives no compensation of any type from, or in connection with, a solicitation by any charitable organization may comply with the disclosure provisions by providing the name and address of the charitable organization on behalf of which all or any part of the money collected will be utilized for charitable purposes, by stating the charitable purposes for which the solicitation is made, and by stating to the person solicited that information about revenues and expenses of the organization, including its administration and fundraising costs, may be obtained by contacting the organization’s office at the address disclosed. The organization shall provide this information to the person solicited within seven days after receipt of the request. (d) A volunteer who receives no compensation of any type from, or in connection with, a solicitation or sales solicitation by a charitable organization which has qualified for a tax exemption under Section 501(c)(3) of the Internal Revenue Code of 1954, and who is 18 years of age or younger, is not required to make any disclosures pursuant to this section. (e) If any provision of this section or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable. (Amended by Stats. 2005, Ch. 212, Sec. 1. Effective January 1, 2006.)
17510.4.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.3. Charitable Solicitations [17510 - 17510.95] ( Article 1.3 added by Stats. 1972, Ch. 1113. )
Verify source ↗

Certain non-in-person charitable solicitations must clearly disclose the information required by Section 17510.3, with a short radio/TV exception, and a charitable purposes card must later be mailed or delivered if the gift or sale is completed.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.3. Charitable Solicitations [17510 - 17510.95] ( Article 1.3 added by Stats. 1972, Ch. 1113. ) ## 17510.4. If the initial solicitation or sales solicitation is made by radio, television, letter, telephone, or any other means not involving direct personal contact with the person solicited, including over the Internet, this solicitation shall clearly disclose the information required by Section 17510.3. This disclosure requirement shall not apply to any radio or television solicitation of 60 seconds or less. If the gift is subsequently made or the sale is subsequently consummated, the solicitation or sale for charitable purposes card shall be mailed to or otherwise delivered to the donor, or to the buyer with the item or items purchased. (Amended by Stats. 1998, Ch. 599, Sec. 5. Effective January 1, 1999.)
17510.5.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.3. Charitable Solicitations [17510 - 17510.95] ( Article 1.3 added by Stats. 1972, Ch. 1113. )
Verify source ↗

A soliciting organization must keep its financial records using generally accepted accounting principles, and related disclosure under Section 17510.3 must follow the same accounting principles.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.3. Charitable Solicitations [17510 - 17510.95] ( Article 1.3 added by Stats. 1972, Ch. 1113. ) ## 17510.5. (a) The financial records of a soliciting organization shall be maintained on the basis of generally accepted accounting principles as defined by the American Institute of Certified Public Accountants, the Governmental Accounting Standards Board, or the Financial Accounting Standards Board. (b) The disclosure requirement of paragraph (7) of subdivision (a) of Section 17510.3 shall be based on the same accounting principles used to maintain the soliciting organization’s financial records. (Amended by Stats. 2004, Ch. 919, Sec. 1. Effective January 1, 2005.)
17510.6.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.3. Charitable Solicitations [17510 - 17510.95] ( Article 1.3 added by Stats. 1972, Ch. 1113. )
Verify source ↗

This section says the article does not apply to certain charitable solicitations and sales made within an organization’s membership, on its regularly occupied premises, or to funds raised under Penal Code Section 326.5.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.3. Charitable Solicitations [17510 - 17510.95] ( Article 1.3 added by Stats. 1972, Ch. 1113. ) ## 17510.6. The provisions of this article shall not apply to solicitations, sales, offers, or attempts to sell within the membership of a charitable organization or upon its regular occupied premises, nor shall it apply to funds raised as authorized by Section 326.5 of the Penal Code. (Repealed and added by Stats. 1980, Ch. 1267, Sec. 8.)
17510.7.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.3. Charitable Solicitations [17510 - 17510.95] ( Article 1.3 added by Stats. 1972, Ch. 1113. )
Verify source ↗

Compliance with a city or county ordinance that has substantially similar, and no less strict, disclosure requirements is treated as satisfying this article.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.3. Charitable Solicitations [17510 - 17510.95] ( Article 1.3 added by Stats. 1972, Ch. 1113. ) ## 17510.7. Compliance with any city or county ordinance which provides for disclosure of information relating to solicitations or sales solicitations for charitable purposes substantially similar to and no less than the disclosure requirements of this article shall be deemed to satisfy the requirements of this article. The provisions of this article are not intended to preempt any city or county ordinance. (Amended by Stats. 1982, Ch. 509, Sec. 2.)
17510.8.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.3. Charitable Solicitations [17510 - 17510.95] ( Article 1.3 added by Stats. 1972, Ch. 1113. )
Verify source ↗

A charity or fundraiser for a charity holds donated money in trust and must use it for the stated charitable purpose.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.3. Charitable Solicitations [17510 - 17510.95] ( Article 1.3 added by Stats. 1972, Ch. 1113. ) ## 17510.8. Notwithstanding any other provision of this article, there exists a fiduciary relationship between a charity or any person soliciting on behalf of a charity, and the person from whom a charitable contribution is being solicited. The acceptance of charitable contributions by a charity or any person soliciting on behalf of a charity establishes a charitable trust and a duty on the part of the charity and the person soliciting on behalf of the charity to use those charitable contributions for the declared charitable purposes for which they are sought. This section is declarative of existing trust law principles. (Added by Stats. 1992, Ch. 1170, Sec. 1. Effective January 1, 1993.)
17510.85.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.3. Charitable Solicitations [17510 - 17510.95] ( Article 1.3 added by Stats. 1972, Ch. 1113. )
Verify source ↗

Paid charitable solicitors must disclose that the solicitation is being conducted by a commercial fundraiser and identify that fundraiser, before or during the solicitation as specified.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.3. Charitable Solicitations [17510 - 17510.95] ( Article 1.3 added by Stats. 1972, Ch. 1113. ) ## 17510.85. (a) An individual, corporation, or other legal entity who for compensation solicits funds or other property in this state for charitable purposes shall disclose prior to an oral solicitation or sales solicitation made by direct personal contact, radio, television, telephone, or over the Internet, or at the same time as a written solicitation or sales solicitation: (1) That the solicitation or sales solicitation is being conducted by a commercial fundraiser for charitable purposes. (2) The name of the commercial fundraiser for charitable purposes as registered with the Attorney General pursuant to Section 12599 of the Government Code. (b) The disclosures required pursuant to this section, if printed or if presented electronically, shall be in at least 12-point type, and shall be clear and conspicuous, as defined in Section 17601. (Amended by Stats. 2015, Ch. 299, Sec. 1. (AB 556) Effective January 1, 2016.)
17510.87.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.3. Charitable Solicitations [17510 - 17510.95] ( Article 1.3 added by Stats. 1972, Ch. 1113. )
Verify source ↗

People who solicit charitable funds for compensation in California cannot keep more than 50% of the net proceeds as a fundraising fee.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.3. Charitable Solicitations [17510 - 17510.95] ( Article 1.3 added by Stats. 1972, Ch. 1113. ) ## 17510.87. Any individual, corporation, or other legal entity who, for compensation, solicits funds or other property in this state for charitable purposes is prohibited from retaining more than 50 percent of the net proceeds collected as a fee for fundraising services. For purposes of this section only, a fee does not include a flat fee agreed upon prior to the initiation of direct solicitation that is associated with the development of a solicitation or marketing campaign for charitable purposes. A violation of this section shall not be a crime. However, it is subject to all applicable civil remedies. In addition, any person who collects any fee in excess of the limits imposed by this section shall be subject to a penalty in the amount of the excess fee, which penalty may be collected in an action by any person authorized to bring an enforcement action under Chapter 5 (commencing with Section 17200) and distributed as provided in that chapter. This section shall only apply to contracts entered into or renewed on or after January 1, 1995. (Added by Stats. 1994, Ch. 1279, Sec. 1. Effective January 1, 1995.)
17510.9.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.3. Charitable Solicitations [17510 - 17510.95] ( Article 1.3 added by Stats. 1972, Ch. 1113. )
Verify source ↗

Some charities must annually file a one-page disclosure document with the Attorney General’s Registry of Charities and Fundraisers, and make it available to the public on request.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.3. Charitable Solicitations [17510 - 17510.95] ( Article 1.3 added by Stats. 1972, Ch. 1113. ) ## 17510.9. (a) A charity engaged in any solicitation or sales solicitation for charitable purposes, that collected more than 50 percent of its annual income and more than one million dollars ($1,000,000) in charitable contributions from donors in this state during the previous calendar year, and that spent more than 25 percent of its annual income on “nonprogram activities,” which is defined as the sum of the expenditures specified in subparagraphs (A), (B), (C), and (D) of paragraph (2) of subdivision (b), shall annually prepare and provide to the Attorney General’s Registry of Charities and Fundraisers three copies of a one-page document that provides the information required by subdivision (b). If the charity is subject to Article 7 (commencing with Section 12580) of Chapter 6 of Part 2 of Division 3 of Title 2 of the Government Code, the document shall be submitted together with the charity’s report required by Section 12586 of the Government Code, and shall provide information consistent with that provided to the registry pursuant to Article 7 (commencing with Section 12580) of Chapter 6 of Part 2 of Division 3 of Title 2 of the Government Code. (b) The contents of the document required pursuant to subdivision (a) shall be established by the Attorney General in a manner consistent with the procedures set forth in this subdivision and in subdivisions (a) and (b) of Section 12586 of the Government Code, and shall include, at a minimum, all of the following: (1) Total revenue and contributions received of the charity. (2) The dollar amount and the percentage of total revenue and charitable contributions allocated to funding each of the following administrative functions: (A) Total salaries of all persons employed by the charity. (B) Fundraising. (C) Travel expenses. (D) Overhead and other expenses related to managing and administering the charity. (E) The salaries of the five highest compensated persons employed by the charity. (3) The dollar amount and percentage of total revenue and charitable contributions allocated to programs. (c) Each charity subject to this section shall make available for distribution the document required pursuant to subdivision (a) following a request made in person, by telephone, or by mail. Each request shall be accompanied by a stamped, self-addressed envelope provided by the requester. (d) The Attorney General shall make available for public review at the Registry of Charities and Fundraisers in Sacramento and in the San Francisco and Los Angeles offices of the Attorney General, the documents provided by charities pursuant to subdivision (a), and shall maintain these documents separately from other documents provided by charities pursuant to Article 7 (commencing with Section 12580) of Chapter 6 of Part 2 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 2023, Ch. 478, Sec. 2. (AB 1756) Effective January 1, 2024.)
17510.95.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.3. Charitable Solicitations [17510 - 17510.95] ( Article 1.3 added by Stats. 1972, Ch. 1113. )
Verify source ↗

The Attorney General must publish an annual report and make it available to public main libraries and to anyone who requests it, subject to a reasonable fee for costs of publication and distribution.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.3. Charitable Solicitations [17510 - 17510.95] ( Article 1.3 added by Stats. 1972, Ch. 1113. ) ## 17510.95. The Attorney General shall annually publish a report that includes information provided to the Registry of Charities and Fundraisers pursuant to Section 17510.9 for all charities reporting under that section. The report shall be made available to public main libraries in the state at no cost and to any person upon request and the payment of a reasonable fee to cover the costs of publication and distribution. (Amended by Stats. 2023, Ch. 478, Sec. 3. (AB 1756) Effective January 1, 2024.)
17511.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.4. Telephonic Sellers [17511 - 17514] ( Article 1.4 added by Stats. 1985, Ch. 1009, Sec. 1. )
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The Legislature states that telephonic seller rules are meant to protect purchasers by requiring adequate disclosure and prohibiting misleading representations.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.4. Telephonic Sellers [17511 - 17514] ( Article 1.4 added by Stats. 1985, Ch. 1009, Sec. 1. ) ## 17511. (a) The Legislature finds and declares that the widespread use of telephone solicitors to initiate sales of goods, real property, and investment opportunities has created numerous problems for purchasers and investors which are inimical to good business practices. Telephonic sales have a significant impact upon the economy and well-being of this state and its local communities. However, purchasers have suffered substantial losses because of (1) misrepresentations, (2) lack of full and complete information regarding both the telephonic seller and the goods and investments the telephonic seller is offering, and (3) failure of delivery. The provisions of this article relating to telephonic sellers are necessary for the public welfare. (b) It is the intent of the Legislature in enacting this article to (1) provide each prospective telephonic sales purchaser with information necessary to make an intelligent decision regarding the offer made, (2) safeguard the public against deceit and financial hardship, (3) insure, foster, and encourage competition and fair dealings among telephonic sellers by requiring adequate disclosure, and (4) prohibit representations that tend to mislead. This article shall be construed liberally in order to achieve these purposes. (Added by Stats. 1985, Ch. 1009, Sec. 1.)
17511.1.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.4. Telephonic Sellers [17511 - 17514] ( Article 1.4 added by Stats. 1985, Ch. 1009, Sec. 1. )
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This section defines “telephonic seller” and lists multiple exemptions from that definition.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.4. Telephonic Sellers [17511 - 17514] ( Article 1.4 added by Stats. 1985, Ch. 1009, Sec. 1. ) ## 17511.1. As used in this article, “telephonic seller” or “seller” means a person who, on their own behalf or through salespersons or through the use of an automatic dialing-announcing device, as defined in Section 2871 of the Public Utilities Code, causes a telephone solicitation or attempted telephone solicitation to occur which meets the criteria specified in subdivision (a), (b), (c), or (d) and who is not exempted by subdivision (e), as follows: (a) A telephone solicitation or attempted telephone solicitation wherein the telephonic seller initiates telephonic contact with a prospective purchaser and represents or implies one or more of the following: (1) That a prospective purchaser who buys one or more items will also receive additional or other items, whether or not of the same type as purchased, without further cost. For purposes of this subdivision, “further cost” does not include actual postage or common carrier delivery charges, if any. (2) That a prospective purchaser will receive a prize or gift, if the person also encourages the prospective purchaser to do either of the following: (A) Purchase or rent any goods or services. (B) Pay any money, including, but not limited to, a delivery or handling charge. (3) That a prospective purchaser is able to obtain any item or service at a price which the seller states or implies is below the regular price of the item or service offered. This paragraph shall not apply to retailers who, within the previous 12 months, have sold a majority of their goods or services through in-person sales at retail stores. (4) That a prospective purchaser who buys office equipment or supplies will, because of some unusual event or imminent price increase, be able to buy these items at prices which are below those that are usually charged or will be charged for the items. (5) That the seller is a person other than the person they are. (6) That the items for sale are manufactured or supplied by a person other than the actual manufacturer or supplier. (7) That the seller is offering to sell the prospective purchaser any gold, silver, or other metals, including coins, diamonds, rubies, sapphires, or other stones, coal or other minerals, or any interest in oil, gas, or mineral fields, wells, or exploration sites, or any other investment opportunity of any type whatsoever. (8) That the seller is offering to make a loan, or to arrange or assist in arranging a loan or to assist in providing information which may lead to the obtaining of a loan, unless no payment of any kind is made until the loan proceeds are disbursed to the borrower. (9) That a prospective purchaser will receive a credit card, as defined in subdivision (a) of Section 1747.02 of the Civil Code, if the purchaser pays an upfront or preapplication fee for the credit card to the telephonic seller. (b) A solicitation or attempted solicitation which is made by telephone in response to inquiries generated by unrequested notifications sent by the seller to persons who have not previously purchased goods or services from the seller or who have not previously requested credit from the seller, to a prospective purchaser wherein the seller represents or implies to the recipient of the notification that any of the following applies to the recipient: (1) That the recipient has in any manner been specially selected to receive the notification or the offer contained in the notification. (2) That the recipient will receive a prize or gift if the recipient calls the seller. (3) That if the recipient buys one or more items from the seller, the recipient will also receive additional or other items, whether or not of the same type as purchased, without further cost or at a cost which the seller states or implies is less than the regular price of such items. However, this subdivision does not apply to the solicitation of sales by a catalog seller who periodically issues and delivers catalogs to potential purchasers by mail or by other means. This exception only applies if the catalog includes a written description or illustration and the sales price of each item of merchandise offered for sale, includes at least 24 full pages of written material or illustrations, is distributed in more than one state, and has an annual circulation of not less than 250,000 customers. (c) A solicitation or attempted solicitation which is made by telephone in response to inquiries generated by advertisements on behalf of the telephonic seller wherein it is represented or implied that the seller is offering to sell to the prospective purchaser any gold, silver, or other metals, including coins, diamonds, rubies, sapphires, or other stones, coal or other minerals, or any interest in oil, gas, or mineral fields, wells, or exploration sites, or any other investment opportunity of any type whatsoever. (d) A solicitation or attempted solicitation which is made by telephone in response to inquiries generated by advertisements on behalf of the telephonic seller wherein it is represented or implied that the seller is offering to make a loan or to arrange or assist in arranging a loan or to assist in providing information which may lead to the obtaining of a loan, unless no payment of any kind is made until the loan proceeds are disbursed to the borrower. (e) For purposes of this article, “telephonic seller” or “seller” does not include any of the following: (1) A person offering or selling a security qualified under Section 25110, 25120, or 25130 of the Corporations Code or exempt from qualification under Chapter 1 (commencing with Section 25100) of Part 2 of Division 1 of Title 4 of the Corporations Code. The fact that a notice claiming an exemption under the Corporate Securities Law of 1968 is filed with the Department of Financial Protection and Innovation does not create an exemption under this paragraph. (2) A person licensed pursuant to Part 1 (commencing with Section 10000) of Division 4, when the solicited transaction is governed by that law. (3) A person licensed pursuant to Chapter 9 (commencing with Section 7000) of Division 3, when the solicited transaction is governed by that law. (4) A person licensed or certificated pursuant to Part 2 (commencing with Section 680) of Division 1 of the Insurance Code, including a person licensed pursuant to Chapter 5 (commencing with Section 1621) thereof, when the solicited transaction is governed by that law. (5) A person offering or selling a franchise registered pursuant to Section 31110 of the Corporations Code or exempt from registration under Chapter 1 (commencing with Section 31100) of Part 2 of Division 5 of Title 4 of the Corporations Code. The fact that a notice claiming an exemption under the Franchise Investment Law is filed with the Department of Financial Protection and Innovation does not create an exemption under this paragraph. (6) A person soliciting the sale of a seller assisted marketing plan, as defined in Title 2.7 (commencing with Section 1812.200) of Part 4 of Division 3 of the Civil Code, who has filed with the Attorney General the documents required by Section 1812.203 of the Civil Code. (7) A person primarily soliciting the sale of a newspaper of general circulation, as defined in Article 1 (commencing with Section 6000) of Chapter 1 of Division 7 of Title 1 of the Government Code, a magazine, or membership in a book or record club whose program operates in conformity with the requirements of Section 1584.5 of the Civil Code. (8) A person soliciting business from prospective purchasers who have previously purchased from the business enterprise for which the person is calling. (9) A person soliciting without the intent to complete and who does not complete the sales presentation during the telephone solicitation but completes the sales presentation at a later face-to-face meeting between the solicitor and the prospective purchaser. However, if a seller, directly following a telephone solicitation, causes an individual whose primary purpose it is to go to the prospective purchaser to collect the payment or deliver any item purchased, this exemption does not apply. (10) Any supervised financial institution or parent, subsidiary, or subsidiary of parent thereof. As used in this paragraph, “supervised financial institution” means any commercial bank, trust company, savings and loan association, credit union, industrial loan company, finance lender or broker, or insurer, provided that the institution is subject to supervision by an official or agency of this state or of the United States. (11) A person soliciting the sale of a preneed funeral arrangement regulated by Article 9 (commencing with Section 7735) of Chapter 12 of Division 3. (12) A person licensed pursuant to Chapter 19 (commencing with Section 9600) of Division 3 when acting pursuant to that licensure. (13) A person soliciting the sale of services provided by a cable television system licensed or franchised pursuant to Section 53066 of the Government Code or any other authority. (14) A person or an affiliate of a person whose business is regulated by the Public Utilities Commission. (15) A person soliciting the sale of a commodity pursuant to Part 2 (commencing with Section 58601) of Division 21 of the Food and Agricultural Code, if the solicitation neither intends to, nor actually results in, a sale which costs the purchaser in excess of one hundred dollars ($100). (16) An issuer or subsidiary of an issuer that has a security listed on a national securities exchange if the exchange has been certified by rule or order of the Commissioner of Financial Protection and Innovation under subdivision (o) of Section 25100 of the Corporations Code. A subsidiary of an issuer that qualifies for exemption under this paragraph is not itself exempt unless not less than 60 percent of the voting power of its shares is owned by the qualifying issuer or issuers. (17) A person soliciting exclusively the sale of telephone answering services to be provided by that person or that person’s employer. (18) A person soliciting a transaction regulated by the Commodity Futures Trading Commission if the person is registered or temporarily licensed for this activity with the Commodity Futures Trading Commission under the Commodity Exchange Act (7 U.S.C. Sec. 1 et seq.), and the registration or license has not expired or been suspended or revoked. (19) A person who sells coins or bullion at a price which is not more than 25 percent more than the price at which the seller is concurrently buying the same coins or bullion, if: (A) the seller has had a retail location in California from which they have been selling coins or bullion to the public in person for at least three years; (B) the telephonic solicitations are not the person’s primary business and sales made telephonically make up less than 20 percent of the person’s total retail sales; and (C) the person claiming an exemption pursuant to this subdivision complies with Section 17511.3, as applicable, and subdivision (p) of Section 17511.4. (20) A person licensed pursuant to Division 1.2 (commencing with Section 2000) of the Financial Code to engage in the business of money transmission if the license has not expired or been suspended or revoked. (21) A person licensed as a residential mortgage lender or servicer pursuant to Division 20 (commencing with Section 50000) of the Financial Code, when acting under the authority of that license. (22) A corporation that meets all of the following conditions: (A) It has been exempt from taxation under Section 23701e of the Revenue and Taxation Code for a minimum of 10 years. (B) It has maintained its principal purpose for a minimum of 10 years. (C) It has been incorporated in the state for a minimum of 25 years. (f) In any civil proceeding alleging a violation of this article, the burden of proving an exemption or an exception from a definition is upon the person claiming it, and in any criminal proceeding alleging a violation of this article, the burden of producing evidence to support a defense based upon an exemption or an exception from a definition is upon the person claiming it. (g) Compliance with this article does not satisfy nor substitute for any requirements for license, registration, or regulation mandated by other laws. (Amended by Stats. 2022, Ch. 452, Sec. 15. (SB 1498) Effective January 1, 2023.)
17511.10.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.4. Telephonic Sellers [17511 - 17514] ( Article 1.4 added by Stats. 1985, Ch. 1009, Sec. 1. )
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This section says the article’s remedies are not exclusive, and a purchaser may also bring a common law or statutory claim when the same conduct supports one.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.4. Telephonic Sellers [17511 - 17514] ( Article 1.4 added by Stats. 1985, Ch. 1009, Sec. 1. ) ## 17511.10. The provisions of this article are not exclusive. The remedies specified in this article for violation of any section of this article or for conduct proscribed by any section of this article shall be in addition to any other procedures or remedies for any violation or conduct provided for in any other law. Nothing in this article shall limit any other statutory or any common law rights of the Attorney General, any district attorney or city attorney, or any other person. If any act or practice proscribed by this article is also the basis for a cause of action in common law or a violation of another statute, the purchaser may assert the common law or statutory cause of action under the procedures and with the remedies applicable thereto. (Added by Stats. 1985, Ch. 1009, Sec. 1.)
17511.12.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.4. Telephonic Sellers [17511 - 17514] ( Article 1.4 added by Stats. 1985, Ch. 1009, Sec. 1. )
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Telephonic sellers must keep a $100,000 bond, file it with the Department of Justice, and give advance notice and proof to the Attorney General for certain premium promotions.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.4. Telephonic Sellers [17511 - 17514] ( Article 1.4 added by Stats. 1985, Ch. 1009, Sec. 1. ) ## 17511.12. (a) Every telephonic seller shall maintain a bond issued by a surety company admitted to do business in this state. The bond shall be in the amount of one hundred thousand dollars ($100,000) in favor of the State of California for the benefit of any person suffering pecuniary loss in a transaction commenced during the period of bond coverage with a telephonic seller who violated this chapter. The bond shall include coverage for the payment of the portion of any judgment, including a judgment entered pursuant to Section 17203 or 17535, that provides for restitution to any person suffering pecuniary loss, notwithstanding whether the surety is joined or served in the action or proceeding. A copy of the bond shall be filed with the Consumer Protection Section of the Department of Justice. This bond may not be required of any cable television operator franchised or licensed pursuant to Section 53066 of the Government Code. (b) (1) At least 10 days before the inception of any promotion offering a premium with an actual market value or advertised value of five hundred dollars ($500) or more, the telephonic seller shall notify the Attorney General in writing of the details of the promotion, describing the premium, its current market value, the value at which it is advertised or held out to the customer, and the date the premium shall be awarded. All premiums offered shall be awarded. The telephonic seller shall maintain an additional bond for the total current market value or advertised value, whichever is greater, of the premiums held out or advertised to be available to a purchaser or recipient. A copy of the bond shall be filed with the Consumer Protection Section of the Department of Justice. The bond shall be for the benefit of any person entitled to the premium who did not receive it within 30 days of the date disclosed to the Attorney General as the date on which the premium would be awarded. The amount paid to a person under a bond required by this subdivision may not exceed the greater of the current market value or advertised or represented value of the premium offered to that person. The bond shall include coverage for the payment of any judgment, including a judgment entered pursuant to Section 17203 or 17535, that provides for payment of the value of premiums that were not timely awarded, notwithstanding whether the surety is joined or served in the action or proceeding. The bond shall also provide for payment upon motion by the Attorney General pursuant to subdivision (d) in the event the seller fails to provide the Attorney General with proof of the award of premiums as required in paragraph (2). (2) Within 45 days after the date disclosed to the Attorney General for the award of premiums, the seller shall provide to the Attorney General proof that all premiums were awarded. The proof shall include the names, addresses, and telephone numbers of the recipients of the premiums and the date or dates on which the premiums were awarded. The bond shall be maintained until the seller files proof with the Attorney General as required by this subdivision or until payment of the amount of the bond is ordered pursuant to subdivision (d). (c) (1) In addition to any other means for the enforcement of the surety’s liability on a bond required by this section, the surety’s liability on the bond may be enforced by motion, as provided in this subdivision, after a judgment has been obtained against the seller. (2) The Attorney General, district attorney, city attorney, or any other person who obtained a judgment for restitution against the seller, as described in subdivision (a), may file a motion in the court that entered the judgment to enforce liability on the bond without first attempting to enforce the judgment against any party liable under the judgment. (3) The notice of motion, the motion, and a copy for the judgment shall be served on the surety as provided in Chapter 5 (commencing with Section 1010) of Title 14 of Part 2 of the Code of Civil Procedure. The notice shall set forth the amount of the claim and a brief statement indicating that the claim is covered by the bond. Service shall also be made on the Consumer Protection Section of the Department of Justice. (4) The court shall grant the motion unless the surety establishes that the claim is not covered by the bond, or the court sustains an objection made by the Attorney General that the grant of the motion might impair the rights of actual or potential claimants or is not in the public interest. (d) (1) In addition to any other means for the enforcement of the surety’s liability on a bond required by subdivision (b), the surety’s liability on the bond may be enforced by motion as provided in this subdivision. (2) The Attorney General, district attorney, city attorney, or any person who claims the premium, may file a motion in the superior court of the county from which the seller made an offer of a premium, in which the seller maintains any office or place of business, or in which an offeree of the premium resides, or in any other court of competent jurisdiction. The motion shall set forth the nature of the seller’s offer, the greater of the current market value or advertised or represented value of the premium, the date by which the premium should have been awarded, and the fact that the premium was not awarded as represented. (3) The notice of motion and motion shall be served on the surety as provided in Chapter 5 (commencing with Section 1010) of Title 14 of Part 2 of the Code of Civil Procedure. (4) The court shall grant the motion unless the surety establishes that the claim is untrue or is not covered by the bond. (5) The Attorney General may file a motion in the superior court of the county from which the seller made an offer of a premium, or in which an offeree of a premium resides, or in any other court of competent jurisdiction, for the payment of the entire bond if the seller fails to file proof with the Attorney General of the award of all premiums as required by paragraph (2) of subdivision (b). The notice of motion and motion shall be served as provided in Chapter 5 (commencing with Section 1010) of Title 14 of Part 2 of the Code of Civil Procedure. The motion shall be granted if the Attorney General establishes that the seller failed to file proof of making the timely award of all premiums. The recovery on the bond shall be distributed pro rata to the promised recipients of the premiums to the extent their identity is actually known to the Attorney General at the time payment is made by the surety. The balance of the recovery shall be paid to any judicially established consumer protection trust fund designated by the Attorney General or as directed by the court under the cy pres doctrine. (e) No stay of a motion filed pursuant to this section may be granted pending the determination of conflicting claims among beneficiaries. An order enforcing liability on a bond may be enforced in the same manner as a money judgment pursuant to Title 9 (commencing with Section 680.010) of Part 2 of the Code of Civil Procedure. Nothing herein affects the rights of the surety against the principal. (f) The surety is not liable on the bond for payment of a judgment against a seller for any violation of this chapter unless the action or proceeding is filed within two years after the cancellation or termination of the bond, the termination of the seller’s registration, or the seller’s cessation of business, whichever is later. (g) The surety is not liable on a motion made pursuant to subdivision (d) unless the motion is filed within two years of the date on which the seller represented the premium was to have been awarded. (h) For the purpose of this section, “judgment” includes a final order in a proceeding for the termination of telephone service pursuant to Public Utilities Commission Tariff Rule 31. (i) Chapter 2 (commencing with Section 995.010) of Title 14 of Part 2 of the Code of Civil Procedure shall apply to the enforcement of a bond given pursuant to this section except to the extent of any inconsistency with this section, in which event this section shall apply. (Amended by Stats. 2024, Ch. 853, Sec. 3. (AB 3281) Effective January 1, 2025.)
17511.2.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.4. Telephonic Sellers [17511 - 17514] ( Article 1.4 added by Stats. 1985, Ch. 1009, Sec. 1. )
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This section defines key terms used in the article about telephonic sellers.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.4. Telephonic Sellers [17511 - 17514] ( Article 1.4 added by Stats. 1985, Ch. 1009, Sec. 1. ) ## 17511.2. As used in this article, the following terms have the following meanings: (a) “Department” means the Department of Justice. (b) “Item” means any goods and services, and includes coupon books which are to be used with businesses other than the seller’s business. (c) “Owner” means a person who owns or controls 10 percent or more of the equity of, or otherwise has claim to 10 percent or more of the net income of, a telephonic seller. (d) “Person” includes an individual, firm, association, corporation, partnership, joint venture, or any other business entity. (e) “Principal” means an owner, an executive officer of a corporation, a general partner of a partnership, a sole proprietor of a sole proprietorship, a trustee of a trust, or any other individual with similar supervisory functions with respect to any person. (f) “Purchaser” or “prospective purchaser” means a person who is solicited to become or does become obligated to a telephonic seller. (g) “Salesperson” means any individual employed, appointed or authorized by a telephonic seller, whether referred to by the telephonic seller as an agent, representative, or independent contractor, who attempts to solicit or solicits a sale on behalf of the telephonic seller. The principals of a seller are themselves salespersons if they solicit sales on behalf of the telephonic seller. (Added by Stats. 1985, Ch. 1009, Sec. 1.)
17511.3.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.4. Telephonic Sellers [17511 - 17514] ( Article 1.4 added by Stats. 1985, Ch. 1009, Sec. 1. )
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Telephonic sellers must register with the department at least 10 days before doing business in the state and pay a $50 filing fee.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.4. Telephonic Sellers [17511 - 17514] ( Article 1.4 added by Stats. 1985, Ch. 1009, Sec. 1. ) ## 17511.3. (a) Not less than 10 days before doing business in this state, a telephonic seller shall register with the department by filing with the Consumer Protection Section of the department the information required by Section 17511.4 and a filing fee of fifty dollars ($50). A seller shall be deemed to do business in this state if the seller solicits prospective purchasers from locations in this state or solicits prospective purchasers who are located in this state. A person claiming an exemption pursuant to paragraph (19) of subdivision (d) of Section 17511.1 shall file with the Consumer Protection Section of the department, in lieu of the information required by subdivisions (a) to (o), inclusive, of Section 17511.4, the information required by subdivision (p) of Section 17511.4 and a filing fee of fifty dollars ($50). The information required by Section 17511.4 shall be submitted on a form provided by the Attorney General and shall be verified by a declaration signed by each principal of the telephonic seller under penalty of perjury. The declaration shall specify the date and location of signing. Information submitted pursuant to subdivision (j) or (k) of Section 17511.4 shall be clearly identified and appended to the filing. The information submitted pursuant to Section 17511.4 shall become part of the investigatory records and intelligence information compiled by the department for law enforcement purposes. (b) Registration of a telephonic seller shall be valid for one year from the effective date thereof and may be annually renewed by making the filing required by Section 17511.4 and paying a filing fee of fifty dollars ($50). (c) Whenever, before expiration of a seller’s annual registration, there is a material change in the information required by Section 17511.4, the seller shall, within 10 days, file an addendum updating the information with the Consumer Protection Section of the department. However, changes in salespersons soliciting on behalf of a seller shall be updated by addendums filed, if necessary, in quarterly intervals computed from the effective date of registration. The addendum shall provide the required information for all salespersons who are currently soliciting or have solicited on behalf of the seller at any time during the period between the filing of the registration, or the last addendum, and the current addendum, and shall include salespersons no longer soliciting for the seller as of the date of the filing of the current addendum. (d) Upon receipt of a filing and filing fee pursuant to subdivision (a) or (b), the department shall send the telephonic seller a written confirmation of receipt of the filing. If the seller has more than one business location, the written confirmation shall be sent to the principal business location identified in the seller’s filing in sufficient number so that the seller has receipt of filing, within 10 days of receipt thereof, in a conspicuous place at each of the seller’s business locations and shall have available for inspection by any governmental agency at each location a copy of the entire registration statement which has been filed with the department. Until confirmation of receipt of filing is received and posted, the seller shall post in a conspicuous place at each of the seller’s business locations within this state a copy of the first page of the registration form sent to the department. The seller shall also post in close proximity to either the confirmation of receipt of filing, or until the confirmation is received, the first page of the submitted registration form, the name of the individual or individuals in charge of each location from which the seller does business in this state, as defined in subdivision (a). (Amended by Stats. 2024, Ch. 853, Sec. 2. (AB 3281) Effective January 1, 2025.)
17511.4.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.4. Telephonic Sellers [17511 - 17514] ( Article 1.4 added by Stats. 1985, Ch. 1009, Sec. 1. )
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Telephonic sellers filing under this section must include specific business, personnel, location, and disclosure information, and some sellers must keep and provide records supporting certain claims.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.4. Telephonic Sellers [17511 - 17514] ( Article 1.4 added by Stats. 1985, Ch. 1009, Sec. 1. ) ## 17511.4. Each filing pursuant to Section 17511.3 shall contain the following information: (a) The name or names of the seller, including the name under which the seller is doing or intends to do business, if different from the name of the seller, and the name of any parent or affiliated organization (1) that will engage in business transactions with purchasers relating to sales solicited by the seller or (2) that accepts responsibility for statements made by, or acts of, the seller relating to sales solicited by the seller. (b) The seller’s business form and place of organization and, if the seller is a corporation, a copy of its articles of incorporation and bylaws and amendments thereto, or, if a partnership, a copy of the partnership agreement, or if operating under a fictitious business name, the location where the fictitious name has been registered. All the same information shall be included for any parent or affiliated organization disclosed pursuant to subdivision (a). (c) The complete street address or addresses of all locations, designating the principal location from which the telephonic seller will be conducting business. If the principal business location of the seller is not in this state, then the seller shall also designate which of its locations within this state is its main location in the state. (d) A listing of all telephone numbers to be used by the seller and the address where each telephone using each of these telephone numbers is located. (e) The name of, and the office held by, the seller’s officers, directors, trustees, general and limited partners, sole proprietor, and owners, as the case may be, and the names of those persons who have management responsibilities in connection with the seller’s business activities. (f) The complete address of the principal residence, the date of birth, and the driver’s license number and state of issuance of each of the persons whose names are disclosed pursuant to subdivision (e). (g) The name and principal residence address of each person the telephonic seller leaves in charge at each location from which the seller does business in this state, as defined in subdivision (a) of Section 17511.3, and the business location which each of these persons is or will be in charge of. (h) A statement, meeting the requirements of this subdivision, as to both the seller, whether a corporation, partnership, firm, association, joint venture, or any other type of business entity (and whether identified pursuant to subdivision (e) or (g) or not), and as to any person identified pursuant to subdivision (e) or (g) who: (1) Has been convicted of a felony or misdemeanor involving an alleged violation of this article, or fraud, theft, embezzlement, fraudulent conversion, or misappropriation of property. For purposes of this paragraph, a plea of nolo contendere is a conviction. (2) Has had entered against him or her a final judgment or order in a civil or administrative action, including a stipulated judgment or order, if the complaint or petition in the civil or administrative action alleged acts constituting a violation of this article, fraud, theft, embezzlement, fraudulent conversion, or misappropriation of property, the use of untrue or misleading representations in an attempt to sell or dispose of real or personal property, or the use of unfair, unlawful, or deceptive business practices. (3) Is subject to any currently effective injunction or restrictive court order relating to business activity as the result of an action brought by a federal, state, or local public agency or unit thereof, including, but not limited to, an action affecting any vocational license. (4) Has at any time during the previous seven tax years been the subject of an order for relief in bankruptcy, been reorganized due to insolvency, or been a principal, director, officer, trustee, general or limited partner, or had management responsibilities of any other corporation, partnership, joint venture, or business entity, that has been the subject of an order for relief in bankruptcy during or within one year after the period that the person held that position. For purposes of paragraphs (1), (2), and (3), the statement required by this subdivision shall identify the seller or person, the court or administrative agency rendering the conviction, judgment, or order, the docket number of the matter, the date of the conviction, judgment, or order, and the name of the governmental agency, if any, that brought the action resulting in the conviction, judgment, or order. For purposes of paragraph (4), the statement required by this subdivision shall include the name and location of the seller or person that has been the subject of an order for relief in bankruptcy, or reorganized due to insolvency, and shall include the date thereof, the court which exercised jurisdiction, and the docket number of the matter. (i) A list of the names, principal residence addresses, the date of birth, and the driver’s license number and state of issuance thereof, of salespersons who solicit on behalf of the telephonic seller and the names the salespersons use while so soliciting. No salesperson shall use the same name as used by any other salesperson soliciting for the telephonic seller and no telephonic seller shall permit a salesperson to use the same name as used by any other salesperson soliciting for the telephonic seller. (j) A description of the items the seller is offering for sale and a copy of all sales scripts the telephonic seller requires salespersons to use when soliciting prospective purchasers, or if no sales script is required to be used, a statement to that effect. (k) A copy of all sales information and literature (including, but not limited to, scripts, outlines, instructions, and information regarding how to conduct telephonic sales, sample introductions, sample closings, product information, and contest or premium-award information) provided by the telephonic seller to salespersons or of which the seller informs salespersons, and a copy of all written materials the seller sends to any prospective or actual purchaser. (l) If the telephonic seller represents or implies, or directs salespersons to represent or imply, to purchasers that the purchaser will receive certain specific items (including a certificate of any type which the purchaser must redeem to obtain the item described in the certificate) or one or more items from among designated items, whether the items are denominated as gifts, premiums, bonuses, prizes, or otherwise, the filing shall include the following: (1) A list of the items offered. (2) The value or worth of each item described to prospective purchasers and the basis for the valuation. (3) The price paid by the telephonic seller to its supplier for each of these items and the name, address, and telephone number of each item’s supplier. (4) If the purchaser is to receive fewer than all of the items described by the seller, the filing shall include the following: (A) The manner in which the telephonic seller decides which item or items a particular prospective purchaser is to receive. (B) The odds a single prospective purchaser has of receiving each described item. (C) The name and address of each recipient who has, during the preceding 12 months (or if the seller has not been in business that long, during the period the telephonic seller has been in business) received the item having the greatest value and the item with the smallest odds of being received. (5) All rules, regulations, terms, and conditions a prospective purchaser must meet in order to receive the item. (m) If the telephonic seller is offering to sell any metal, stone, or mineral, the filing shall include the following: (1) The name, address, and telephone number of each of the seller’s suppliers and a description of each metal, stone, or mineral provided by the supplier. (2) If possession of any metal, stone, or mineral is to be retained by the seller or will not be transferred to the purchaser until the purchaser has paid in full, the filing shall include the following: (A) The address of each location where the metal, stone, or mineral will be kept. (B) If not kept on premises owned by the seller or at an address or addresses set forth in compliance with subdivision (c), the name of the owner of the business at which the metal, stone, or mineral will be kept. (C) A copy of any contract or other document which evidences the seller’s right to store the metal, stone, or mineral at the address or addresses designated pursuant to subparagraph (A). (3) If the seller is not selling the metal, stone, or mineral from its own inventory, but instead purchases the metal, stone, or mineral to fill orders taken from purchasers, the filing shall include copies of all contracts or other documents evidencing the seller’s ability to call upon suppliers to fill the seller’s orders. (4) If the seller represents to purchasers that the seller has insurance or a surety bond of any type relating to a purchaser’s purchase of any metal, stone, or mineral from the seller, the filing shall include a complete copy of all these insurance policies and bonds. (5) If the seller makes any representation as to the earning or profit potential of purchases of any metal, stone, or mineral, the filing shall include data to substantiate the claims made. If the representation relates to previous sales made by the seller or a related entity, substantiating data shall be based on the experiences of at least 50 percent of the persons who have purchased the particular metal, stone, or mineral from the seller or related entity during the preceding six months (or if the seller or related entity has not been in business that long, during the period the seller or related entity has been in business) and shall include the raw data upon which the representation is based, including, but not limited to, all of the following: (A) The length of time the seller or related entity has been selling the particular metal, stone, or mineral being offered. (B) The number of purchasers thereof from the seller or related entity known to the seller or related entity to have made at least the same earnings or profit as those represented. (C) The percentage that the number disclosed pursuant to subparagraph (B) represents of the total number of purchasers from the seller or related entity of the particular metal, stone, or mineral. (n) If the telephonic seller is offering to sell an interest in oil, gas, or mineral fields, wells, or exploration sites, the filing shall include disclosure of the following: (1) The seller’s ownership interest, if any, in each field, well, or site being offered for sale. (2) The total number of interests to be sold in each field, well, or site being offered for sale. (3) If, in selling an interest in any particular field, well, or site, reference is made to an investigation of these fields, wells, or sites by the seller or anyone else, the filing shall include the following: (A) The name, business address, telephone number, and professional credentials of the person or persons who made the investigation. (B) A copy of the report and other documents relating to the investigation prepared by the person or persons. (4) If the seller makes any representation as to the earning or profit potential of purchases of any interest in these fields, wells, or sites, the filing shall include data to substantiate the claims made. If the representation relates to previous sales made by the seller or a related entity, the substantiating data shall be based on the experiences of at least 50 percent of the purchasers of the particular interests from the seller or the related entity during the preceding six months (or if the seller has not been in business that long, during the period the seller or related entity has been in business) and shall include the raw data upon which the representation is based, including, but not limited to, all of the following: (A) The length of time the seller or related entity has been selling the particular interests in the fields, wells, or sites being offered. (B) The number of purchasers of the particular interests from the seller or related entity known to the seller to have made, at least the same earnings as those represented. (C) The percentage the number disclosed pursuant to subparagraph (B) represents of the total number of purchasers of the particular interests from the seller or related entity. (o) The name and address of the telephonic seller’s agent in this state, other than the Attorney General, authorized to receive service of process in this state. (p) If a person, based on paragraph (19) of subdivision (c) of Section 17511.1, claims an exemption from having to file the information required by subdivisions (a) to (o), inclusive, the person shall file, on a form provided by the Attorney General, the following information: (1) The name or names of the person claiming the exemption, including the name under which the person is doing or intends to do business. (2) The person’s business form, and place of organization, whether corporate or otherwise; or, if operating under a fictitious business name, the location where the fictitious name has been registered. (3) The complete street address of the person’s retail locations, and telephone numbers located therein and a statement as to how long the person has been selling at retail from each location. (4) A copy of the person’s currently valid business license. (5) A statement reflecting the dollar amount of the person’s total retail sales during the 12 months preceding the filing. (6) A statement reflecting the dollar amount of the person’s sales made telephonically during the 12 months preceding the filing. The filing shall be verified by a declaration signed under penalty of perjury by each principal of the person claiming the exemption. The declaration shall specify the date and location of signing. If a person filing pursuant to subdivision (p) makes any representation to a prospective purchaser as to the historical movements or changes in the price or value of any coin or bullion, the person shall maintain in its records sufficient data to substantiate each representation. This data shall be retained in the person’s records for a period of at least three years after the last date on which a representation is made and shall be made available for inspection upon request by any governmental agency at each of its business locations. (q) If the telephonic seller represents or implies, or directs salespersons to represent or imply, that the telephonic seller can, or may be able to, make a loan or arrange or assist in arranging a loan or to assist in providing information which may lead to the obtaining of a loan, the filing shall include the following: (1) The names and addresses of all persons who, in the previous 24 months, lent money to those who responded to the seller’s solicitations or lent money to the telephonic seller for the seller to lend to those who responded to the seller’s representations that it could make a loan or arrange or assist in arranging a loan or could assist in providing information which could lead to the obtaining of a loan. (2) The names and addresses of all persons who, in the previous 24 months, lent money to those who responded to the solicitations of the seller’s predecessor or the seller’s officers, owners, or those persons having present management responsibilities or to companies with which they were associated, that they could make a loan or arrange or assist in arranging a loan or could assist in providing information which could lead to the obtaining of a loan or lent money to the seller’s predecessor or the seller’s officers, owners, or those persons having present management responsibilities or to companies with which they were associated for them to lend to those who responded to these representations. (3) The names and addresses of all persons who have informed the telephonic seller that they may be able to lend money, within the next 12 months from the date of this registration, to persons solicited by the seller or to the telephonic seller for the seller to lend to those who respond to the seller’s representations that it can make a loan or arrange or assist in arranging a loan or can assist in providing information which can lead to the obtaining of a loan. (4) Copies of all contracts between the seller and lenders or prospective lenders who may lend money: (A) to the seller to lend to individuals who, in connection with the seller’s business activities, respond to the seller’s representations that it can make a loan or arrange or assist in arranging a loan or can assist in providing information which can lead to the obtaining of a loan; or (B) directly to persons to whom the seller may represent that it can arrange or assist in providing information which can lead to the obtaining of a loan. (Amended by Stats. 2009, Ch. 500, Sec. 4. (AB 1059) Effective January 1, 2010.)
17511.5.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.4. Telephonic Sellers [17511 - 17514] ( Article 1.4 added by Stats. 1985, Ch. 1009, Sec. 1. )
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Telephonic sellers must give specified disclosures to prospective purchasers, including required cancellation notices in home solicitation sales.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.4. Telephonic Sellers [17511 - 17514] ( Article 1.4 added by Stats. 1985, Ch. 1009, Sec. 1. ) ## 17511.5. In addition to complying with the requirements of Section 17500.3, as applicable, a telephonic seller, shall, at the time the solicitation is made and prior to consummation of a sales transaction, provide all of the following information to a prospective purchaser: (a) If the telephonic seller represents or implies that a prospective purchaser will receive, without charge therefor, certain specific items or one item from among designated items, whether the items are denominated as gifts, premiums, bonuses, prizes, or otherwise, the seller shall provide the following: (1) The information required to be filed by subparagraphs (A) and (B) of paragraph (4) of, and paragraph (5) of, subdivision (l) of Section 17511.4. In addition, each time the telephonic seller makes reference to an item or items, the telephonic seller shall state that no purchase is necessary, and that the purchase of goods will have no greater chance of receiving the more valuable item or items than the person who does not purchase. The seller shall state, in a manner enabling a consumer to copy the information, the method, including the telephonic seller’s address, for obtaining without purchase the item or items or for a chance to obtain the item or items. The provisions of Section 17537.2 of the Business and Professions Code shall apply to all offers. (2) The complete street address of the location from which the salesperson is calling the prospective purchaser and, if different, the complete street address of the telephonic seller’s principal location. (3) The total number of individuals who have actually received from the telephonic seller, during the preceding 12 months (or if the seller has not been in business that long, during the period the telephonic seller has been in business), the item having the greatest value and the item with the smallest odds of being received. (b) If the telephonic seller is offering to sell any metal, stone, or mineral, the seller shall provide the following information: (1) The complete street address of the location from which the salesperson is calling the prospective purchaser and, if different, the complete street address of the telephonic seller’s principal location. (2) When required to be filed pursuant to Section 17511.4, the information specified in subparagraphs (A) and (B) of paragraph (2) of, and paragraph (5) of, subdivision (m) of Section 17511.4. (c) If the telephonic seller is offering to sell an interest in oil, gas, or mineral fields, wells, or exploration sites the seller shall provide the following information: (1) The complete street address of the location from which the salesperson is calling the prospective purchaser and, if different, the complete street address of the telephonic seller’s principal location. (2) The information required to be filed by paragraphs (1), (2), and (4) of, and subparagraph (A) of paragraph (3) of, subdivision (n) of Section 17511.4. (d) If the telephonic seller represents that office equipment or supplies being offered are offered at prices which are below those usually charged for these items, the seller shall provide the following information: (1) The complete street address of the location from which the salesperson is calling the prospective purchaser and, if different, the complete street address of the telephonic seller’s principal location. (2) The name of the manufacturer of each of the items the telephonic seller has represented for sale and in which the prospective purchaser expresses interest. (e) If the solicitation is a “home solicitation contract or offer” within the meaning of Section 1689.5 of the Civil Code, the seller shall comply with the following: (1) At the time the solicitation is made, the telephonic seller shall inform the buyer orally of the following: (A) The buyer has the right to cancel the contract or offer until midnight of the third business day after the day on which the buyer receives the product or products ordered or the notice of confirmation of services ordered. This right of cancellation begins to run from the date of the buyer’s receipt of the product or products ordered or, in the case of services ordered, from the buyer’s receipt of the notice of confirmation of services ordered. (B) A written notice of cancellation will be sent with the product or products ordered or, in the case of services, the notice of cancellation shall accompany a notice of confirmation that shall be sent to the purchaser immediately following the telephonic agreement to purchase those services. (2) The telephonic seller shall provide the buyer with a written notice of cancellation that shall accompany and be attached to any product or products sent to the purchaser in response to a telephone solicitation or, in the case of services, shall accompany a notice of confirmation of the agreement to purchase services. The notice of cancellation shall be in duplicate, captioned “Notice of Buyer’s Right of Cancellation,” which shall be separate from or easily detachable from any agreement or offer to purchase which accompanies the product or products or notice of confirmation, and shall contain, in type of at least 10-point, the following cancellation statement, and no other information or statement, written in the same language used in the telephone solicitation: ## “NOTICE OF BUYER’S RIGHT OF CANCELLATION” You may cancel this transaction, without any penalty or obligation, within three business days following your receipt of this notice of cancellation and the receipt of any products, or in the case of services, within three business days following receipt of the attached notice of confirmation. If you cancel, any payments made by you or authorized by you, pursuant to any telephonic solicitation and purchase agreement shall be returned to you within 10 days following receipt by the seller of your cancellation notice. If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract, agreement, or sale, or you may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller’s expense and risk. If you do make the goods available to the seller and the seller does not pick them up within 20 days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for the performance of all obligations under the contract. To cancel this transaction, email, mail, or deliver a signed and dated copy of this cancellation notice, or any other written notice, or send a telegram to__________(name of seller), at________(address of seller’s place of business) not later than midnight of the third business day after receipt of the products and this notice of cancellation. I HEREBY CANCEL THIS TRANSACTION. DATE _____ BUYER’S SIGNATURE _____ (Amended by Stats. 2025, Ch. 348, Sec. 2. (AB 1327) Effective January 1, 2026.)
17511.6.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.4. Telephonic Sellers [17511 - 17514] ( Article 1.4 added by Stats. 1985, Ch. 1009, Sec. 1. )
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Telephonic sellers must file an irrevocable consent with the Attorney General so service of process can be accepted in certain cases, and plaintiffs using this service must mail notice and file an affidavit on time.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.4. Telephonic Sellers [17511 - 17514] ( Article 1.4 added by Stats. 1985, Ch. 1009, Sec. 1. ) ## 17511.6. Every telephonic seller shall file with the Attorney General, in the form prescribed by the Attorney General, an irrevocable consent appointing the Attorney General to act as the seller’s attorney to receive service of any lawful process in any noncriminal suit, action, or proceeding against the seller or the seller’s successor, executor, or administrator, which may arise under this article, when the agent designated pursuant to subdivision (o) of Section 17511.4 has resigned and has not been replaced or if the agent so designated cannot with reasonable diligence be found at the address designated pursuant to subdivision (o) of Section 17511.4 or if no agent has been designated pursuant thereto. When service is made upon the Attorney General in conformance with this section, it shall have the same force and validity as if served personally on the seller. Service may be made by leaving a copy of the process in the office of the Attorney General, but it shall not be effective unless both of the following are done: (a) When service is effected pursuant to this section, the plaintiff shall forthwith send by first-class mail a notice of the service and a copy of the process to the defendant or respondent at the last address on file with the department. (b) The plaintiff’s affidavit of compliance with this section shall be filed in the case on or before the return date of the process, if any, or within such further time as the court allows. (Added by Stats. 1985, Ch. 1009, Sec. 1.)
17511.7.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.4. Telephonic Sellers [17511 - 17514] ( Article 1.4 added by Stats. 1985, Ch. 1009, Sec. 1. )
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A seller must not refer to its compliance with this article when dealing with a prospective or actual purchaser.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.4. Telephonic Sellers [17511 - 17514] ( Article 1.4 added by Stats. 1985, Ch. 1009, Sec. 1. ) ## 17511.7. No seller shall make or authorize the making of any references to its compliance with this article to any prospective or actual purchaser. (Added by Stats. 1985, Ch. 1009, Sec. 1.)
17511.8.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.4. Telephonic Sellers [17511 - 17514] ( Article 1.4 added by Stats. 1985, Ch. 1009, Sec. 1. )
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A salesperson may not solicit prospective purchasers for a telephonic seller that is not currently registered with the department.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.4. Telephonic Sellers [17511 - 17514] ( Article 1.4 added by Stats. 1985, Ch. 1009, Sec. 1. ) ## 17511.8. No salesperson shall solicit prospective purchasers on behalf of a telephonic seller who is not currently registered with the department pursuant to this article. Any salesperson who violates this section is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than six months, by a fine not exceeding two thousand five hundred dollars ($2,500), or by both that fine and imprisonment. (Added by Stats. 1985, Ch. 1009, Sec. 1.)
17511.9.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.4. Telephonic Sellers [17511 - 17514] ( Article 1.4 added by Stats. 1985, Ch. 1009, Sec. 1. )
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Certain people involved with telephonic sales must not knowingly violate this article or use deception or fraud; violations can lead to fines, jail, or both.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.4. Telephonic Sellers [17511 - 17514] ( Article 1.4 added by Stats. 1985, Ch. 1009, Sec. 1. ) ## 17511.9. Except as provided in Section 17511.8, any person, including, but not limited to, the seller, a salesperson, agent or representative of the seller, or an independent contractor, who willfully violates any provision of this article or who directly or indirectly employs any device, scheme, or artifice to deceive in connection with the offer or sale by any telephonic seller, or who willfully, directly, or indirectly, engages in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person in connection with a sale by any telephonic seller shall, upon conviction, be punished as follows: (a) By a fine not exceeding ten thousand dollars ($10,000) for each unlawful transaction. (b) By imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or by imprisonment in a county jail for not more than one year. (c) By both the fine and imprisonment specified in subdivisions (a) and (b). (Amended by Stats. 2011, Ch. 15, Sec. 27. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
17512.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.4. Telephonic Sellers [17511 - 17514] ( Article 1.4 added by Stats. 1985, Ch. 1009, Sec. 1. )
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A person may not ask for or accept payment for recovery services tied to a prior telemarketing transaction until seven business days after the money or item is delivered, unless the person is a licensed attorney specifically retained for recovery.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.4. Telephonic Sellers [17511 - 17514] ( Article 1.4 added by Stats. 1985, Ch. 1009, Sec. 1. ) ## 17512. (a) It shall be unlawful for any person to request or receive payment of any fee or consideration from a person for goods or services represented to recover or otherwise assist in the return of money or any other item of value paid for by, or promised to, that person in a previous telemarketing transaction, until seven business days after that money or other item is delivered to that person. (b) This section shall not apply to an attorney licensed to practice law in this state and specifically retained for the recovery of money or any other item of value. (c) Notwithstanding Section 17511.9, any person who violates subdivision (a) shall be guilty of a misdemeanor, and shall be punished by imprisonment in a county jail for up to one year. (Added by Stats. 1998, Ch. 446, Sec. 1. Effective January 1, 1999.)
17513.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.4. Telephonic Sellers [17511 - 17514] ( Article 1.4 added by Stats. 1985, Ch. 1009, Sec. 1. )
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Telephonic sellers may not use a third-party delivery, courier, or pickup service to get payment for goods unless the goods are delivered before or at the same time payment is taken.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.4. Telephonic Sellers [17511 - 17514] ( Article 1.4 added by Stats. 1985, Ch. 1009, Sec. 1. ) ## 17513. (a) It shall be unlawful for any telephonic seller to procure, either directly or through an agent, the services of any third-party delivery, courier, or other pickup service, for the purpose of obtaining a purchaser’s payment for goods sold by the telephonic seller, unless the goods are delivered before or at the same time the purchaser’s payment is obtained. (b) Notwithstanding Section 17511.9, any person who violates subdivision (a) shall be guilty of a misdemeanor, and shall be punished by imprisonment in a county jail for up to one year. (Added by Stats. 1998, Ch. 446, Sec. 2. Effective January 1, 1999.)
17514.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.4. Telephonic Sellers [17511 - 17514] ( Article 1.4 added by Stats. 1985, Ch. 1009, Sec. 1. )
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Mail solicitations seeking consent for telephone contact must include a clear and conspicuous disclosure of specific information when the recipient’s number is not on the national do not call registry.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.4. Telephonic Sellers [17511 - 17514] ( Article 1.4 added by Stats. 1985, Ch. 1009, Sec. 1. ) ## 17514. (a) A person who sends a solicitation by mail that solicits a recipient to consent to receive information via telephone, where that recipient’s telephone number is not listed on the national “do not call” registry established and maintained by the Federal Trade Commission, as described in Section 310.4(b)(1)(iii)(B) of Title 16 of the Code of Federal Regulations, shall include in the solicitation a clear and conspicuous disclosure of the following information: (1) Identification of the name of the sender of the mailing and of the entity that is requesting permission to call. (2) The telephone number to which calls are to be placed. (3) Notice that the recipient may be contacted by a telephone solicitor. (b) A violation of this section shall not be a crime, notwithstanding Section 17534. However, all available civil remedies that are applicable to a violation of this section may be employed. (Added by Stats. 2008, Ch. 738, Sec. 1. Effective January 1, 2009.)
1752.1.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 7. Dental Auxiliaries [1740 - 1777] ( Article 7 repealed and added by Stats. 1974, Ch. 128. )
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The board may license a registered dental assistant if the applicant applies, pays the fee, and provides satisfactory proof of the listed eligibility requirements.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 7. Dental Auxiliaries [1740 - 1777] ( Article 7 repealed and added by Stats. 1974, Ch. 128. ) ## 1752.1. (a) The board may license as a registered dental assistant a person who files an application, pays the applicable fee, and submits written evidence, satisfactory to the board, of one of the following eligibility requirements: (1) Graduation from an educational program in registered dental assisting approved by the board. (2) Completion of satisfactory work experience performing the duties of a dental assistant, as defined in Section 1750.1, which includes at least 15 months and a minimum of 1,280 hours before the submission of the application. (3) Current, valid certification as a certified dental assistant, as issued by the Dental Assisting National Board. (4) Completion of an alternative dental assisting program as defined in subdivision (a) of Section 1741 that includes all the following: (A) At least 500 hours of didactic and laboratory coursework in dental assisting-related topics that shall encompass all aspects of clinical chairside assisting, including, but not limited to, medical and dental emergencies, first aid and safety precautions, protocols and armamentaria associated with a variety of dental assisting chairside procedures, dental materials, and skill development courses associated with operative and specialty dentistry and that include education as specified in subdivision (c). (B) At least 300 hours of clinical chairside work experience, involving the allowable duties described in Section 1750.1, directly supervised, evaluated, and documented by a supervising licensed dentist. (5) Completion of a preceptorship in dental assisting that includes all the following: (A) At least 500 hours of clinical chairside work experience documented on a form furnished by the board, involving allowable duties described in Section 1750.1, directly supervised, evaluated, and documented by a preceptor, who certifies under penalty of perjury under the laws of the State of California to the applicant’s completion of the clinical chairside work experience. Clinical work experience that meets the eligibility requirements of this term performed as a dental assistant within the two years immediately preceding the effective date of this section may be used to satisfy this requirement. (B) At least 300 hours documented on a form furnished by the board of coursework in dental assisting-related topics, inclusive of the education required in subdivision (c), which may be obtained concurrent to the work experience and satisfies all the following: (i) The coursework shall include education defined in subdivision (c) and encompass all aspects of clinical chairside assisting, including, but not limited to, medical and dental emergencies, first aid and safety precautions, protocols and armamentaria associated with a variety of dental assisting chairside procedures, dental materials, and skill development courses associated with operative and specialty dentistry. (ii) Courses shall be obtained through a board-approved dental assisting educational program or course provider, a board-registered provider of continuing education courses, the American Dental Association’s Continuing Education Recognition Program, or a provider approved by the Academy of General Dentistry Program Approval for Continuing Education. (iii) The preceptee’s completion of the coursework shall be verified by the preceptor, who shall certify under penalty of perjury under the laws of the State of California verification of the preceptee’s completion of the required coursework. (b) The board shall give credit toward the work experience referred to in this section to persons who have graduated from a dental assisting program in a postsecondary institution approved by the Department of Education or in a secondary institution, regional occupational center, or regional occupational program, that are not, however, approved by the board pursuant to subdivision (a). The credit shall equal the total weeks spent in classroom training and internship on a week-for-week basis. The board, in cooperation with the Superintendent of Public Instruction, shall establish the minimum criteria for the curriculum of nonboard-approved programs. Additionally, the board shall notify those programs only if the program’s curriculum does not meet established minimum criteria, as established for board-approved registered dental assistant programs, except any requirement that the program be given in a postsecondary institution. Graduates of programs not meeting established minimum criteria shall not qualify for satisfactory work experience as defined by this section. (c) In addition to the requirements specified in subdivision (a), individuals applying for registered dental assistant licensure shall provide written evidence of successful completion of all of the following: (1) Within two years before the date of the application received by the board: (A) A board-approved two-hour course in the Dental Practice Act. (B) A board-approved eight-hour course in infection control. (2) Within five years before the date of the application received by the board: (A) A board-approved course in pit and fissure sealants. (B) A board-approved course in coronal polishing. (3) Within 10 years before the date of the application received by the board, a board-approved course in radiation safety. (4) Current certification in basic life support issued by American Red Cross, American Heart Association, American Safety and Health Institute, American Dental Association’s Continuing Education Recognition Program, or Academy of General Dentistry’s Program Approval for Continuing Education. (5) Satisfactory performance on the Registered Dental Assistant Combined Written and Law and Ethics Examination administered by the board. (d) Notwithstanding subdivisions (a) to (c), inclusive, individuals with current and active California licensure as a registered dental hygienist, registered dental hygienist in alternative practice, or registered dental hygienist in extended functions whose initial license was issued on or after January 1, 2006, applying for licensure as a registered dental assistant shall comply with this subdivision and satisfy all of the following: (1) File an application with the board and pay the applicable fee. (2) Submit evidence of current certification in basic life support issued by American Red Cross, American Heart Association, American Safety and Health Institute, American Dental Association’s Continuing Education Recognition Program, or Academy of General Dentistry’s Program Approval for Continuing Education. (3) Demonstrate satisfactory performance on the Registered Dental Assistant Combined Written and Law and Ethics Examination administered by the board. (e) Individuals applying for registered dental assistant licensure shall submit a full set of fingerprints for purposes of conducting a criminal history record check. (f) A registered dental assistant with permits in either orthodontic assisting or dental sedation assisting shall be referred to as an “RDA with orthodontic assistant permit,” or “RDA with dental sedation assistant permit,” as applicable. These terms shall be used for reference purposes only and do not create additional categories of licensure. (g) Completion of the continuing education requirements established by the board pursuant to Section 1645 by a registered dental assistant who also holds a permit as an orthodontic assistant or dental sedation assistant shall fulfill the continuing education requirements for the permit or permits. (h) The Registered Dental Assistant Combined Written and Law and Ethics Examination required by this section shall comply with Section 139. (i) This section shall become operative on July 1, 2025. (Repealed (in Sec. 54) and added by Stats. 2024, Ch. 483, Sec. 55. (SB 1453) Effective January 1, 2025. Operative July 1, 2025, by its own provisions.)
1752.4.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 7. Dental Auxiliaries [1740 - 1777] ( Article 7 repealed and added by Stats. 1974, Ch. 128. )
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Registered dental assistants may perform listed duties, but some additional duties require approved training and dentist supervision.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 7. Dental Auxiliaries [1740 - 1777] ( Article 7 repealed and added by Stats. 1974, Ch. 128. ) ## 1752.4. (a) A registered dental assistant may perform all of the following duties and procedures of a dental assistant as specified in subdivisions (a), (b), and (c) of Section 1750.1 and may perform all the following duties under the general supervision and pursuant to the order, control, and full professional responsibility of a licensed dentist: (1) All duties that a dental assistant is allowed to perform. (2) Mouth-mirror inspections of the oral cavity, to include charting of obvious lesions, existing restorations, and missing teeth. (3) Apply and activate bleaching agents using a nonlaser light-curing device. (4) Use of automated caries detection devices and materials and recording of such findings before placement of pit and fissure sealants. (5) Obtain intraoral images for computer-aided design (CAD), milled restorations. (6) Pulp vitality testing and recording of findings. (7) Place bases, liners, etch, and bonding agents for restorative procedures. (8) Chemically prepare teeth for bonding for restorative procedures. (9) Place, adjust, and finish direct provisional restorations. (10) Fabricate, adjust, cement, and remove indirect provisional restorations, including stainless steel crowns when used as a provisional restoration. (11) Place post-extraction dressings after inspection of the surgical site by the supervising licensed dentist. (12) Place periodontal dressings. (13) Dry endodontically treated canals using absorbent paper points. (14) Perform sore-spot adjustment only of dentures extraorally. (15) Perform tissue conditioning and soft reline of dentures. (16) Remove excess cement from surfaces of teeth with a hand instrument. (17) Polish coronal surfaces of the teeth. (18) Place ligature ties and archwires. (19) All duties that the board may prescribe by regulation. (b) A registered dental assistant may only perform the following additional duties after successfully completing a board-approved registered dental assistant educational program or board-approved course in those duties. (1) Remove excess cement with an ultrasonic scaler from supragingival surfaces of teeth undergoing orthodontic treatment. (2) The allowable duties of an orthodontic assistant permitholder as specified in Section 1750.3. A registered dental assistant shall not be required to complete further instruction in the duties of placing ligature ties and archwires, removing orthodontic bands, and removing excess cement from tooth surfaces with a hand instrument. (3) The allowable duties of a dental sedation assistant permitholder as specified in Section 1750.5. (4) The application of pit and fissure sealants. (c) Except as provided in Section 1777, the supervising licensed dentist shall be responsible for ensuring completion of courses to perform additional duties and determining whether each authorized procedure performed by a registered dental assistant should be performed under general or direct supervision. (d) The supervising dentist shall be responsible for determining whether each authorized procedure in subdivision (a) performed by a registered dental assistant should be performed under general or direct supervision. (e) A registered dental assistant may perform the following duties under direct supervision and pursuant to the order, control, and full professional responsibility of a licensed dentist: (1) Isolate, etch, bond, and attach composite buttons for orthodontic procedures. (2) Size, fit, secure, and remove orthodontic bands using appropriate dental materials. (f) Notwithstanding subdivision (b), a registered dental assistant may perform a duty specified in this section using contemporary techniques and materials designed for use in the performance of that duty under the direct supervision and pursuant to the order, control, and full professional responsibility of a licensed dentist if the registered dental assistant has completed the appropriate education and training, and whose skill, knowledge, and education in the use of such contemporary technique or material has been determined clinically competent by the supervising licensed dentist. (Amended by Stats. 2024, Ch. 483, Sec. 56. (SB 1453) Effective January 1, 2025.)
1752.6.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 7. Dental Auxiliaries [1740 - 1777] ( Article 7 repealed and added by Stats. 1974, Ch. 128. )
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Certain registered dental assistants must show proof that they completed a board-approved pit and fissure sealant course before their license first expires for renewal.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 7. Dental Auxiliaries [1740 - 1777] ( Article 7 repealed and added by Stats. 1974, Ch. 128. ) ## 1752.6. A registered dental assistant licensed on and after January 1, 2010, shall provide evidence of successful completion of a board-approved course in the application of pit and fissure sealants prior to the first expiration of his or her license that requires the completion of continuing education as a condition of renewal. The license of a registered dental assistant who does not provide evidence of successful completion of that course shall not be renewed until evidence of course completion is provided. (Repealed and added by Stats. 2008, Ch. 499, Sec. 26. Effective January 1, 2009.)
17520.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.5. Labeling of Products Made by the Blind [17520 - 17523] ( Article 1.5 added by Stats. 1957, Ch. 766. )
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The section states that misrepresenting goods as products of blind workers is a matter of statewide concern.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.5. Labeling of Products Made by the Blind [17520 - 17523] ( Article 1.5 added by Stats. 1957, Ch. 766. ) ## 17520. Any misrepresentation that goods offered for sale are the products of blind workers is hereby directed to be a special matter of state-wide concern. (Added by Stats. 1957, Ch. 766.)
17521.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.5. Labeling of Products Made by the Blind [17520 - 17523] ( Article 1.5 added by Stats. 1957, Ch. 766. )
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This section defines “blind” and “direct labor” for this article.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.5. Labeling of Products Made by the Blind [17520 - 17523] ( Article 1.5 added by Stats. 1957, Ch. 766. ) ## 17521. As used in this article: (a) “Blind” means a person having central visual acuity not to exceed 20-200 in the better eye, with corrected lenses, or visual acuity greater than 20-200, but with a limitation in the field of vision such that the widest diameter of the visual field subtends an angle not greater than 20 degrees. (b) “Direct labor” means all work required for the preparation, processing, assembling, and packing, but not including supervision, administration, inspection, and shipping. (Added by Stats. 1957, Ch. 766.)
17522.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.5. Labeling of Products Made by the Blind [17520 - 17523] ( Article 1.5 added by Stats. 1957, Ch. 766. )
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Products represented as made by blind workers may be sold only if the required blind-labor share is met, and violations are misdemeanors.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.5. Labeling of Products Made by the Blind [17520 - 17523] ( Article 1.5 added by Stats. 1957, Ch. 766. ) ## 17522. No goods or articles which are determined by label, symbol, trade name, or name of the manufacturer to indicate that they are made by blind workers shall be delivered or offered by any person, partnership, firm, corporation, institution, or association, for sale in this state unless at least 75 percent of the total hours of direct labor of producing such goods or articles purported to be made by the blind shall have been performed by the blind. No goods or articles which do not have a label, symbol, or other printed matter indicating that at least 75 percent of the total hours of direct labor of producing such goods or articles were made by the blind, as herein defined, shall be offered for sale directly or indirectly as being made by the blind unless such goods or articles were in fact so made by the blind as herein defined. Any violation of this section is a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000) or imprisonment in the county jail for not more than one year, or by both the fine and imprisonment, and any such violation or threatened violation shall be actionable under Section 17535 of this chapter. (Amended by Stats. 1983, Ch. 1092, Sec. 51. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
17523.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.5. Labeling of Products Made by the Blind [17520 - 17523] ( Article 1.5 added by Stats. 1957, Ch. 766. )
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Certain blind workers and related businesses may label qualifying products as made by a blind workman, if blind workmen performed at least 75% of the total direct labor hours.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.5. Labeling of Products Made by the Blind [17520 - 17523] ( Article 1.5 added by Stats. 1957, Ch. 766. ) ## 17523. Any blind workman, who is a citizen or resident of this State, or any institution, public or private, corporation, partnership, and association engaged within this State in the manufacture, sale, or distribution of articles or merchandise, made, manufactured, or fabricated by blind workmen is authorized to imprint or stamp upon such articles or merchandise or affix thereto, labels containing the words “made by a blind workman,” or “made by the blind,” or “blind-made,” if not less than 75 percent of the total hours of direct labor of producing said products have been performed by a blind workman. Such labels, shall also have the place of manufacture on them and, if desired, the name of the particular workman who made, manufactured, or fabricated the article. (Added by Stats. 1957, Ch. 766.)
17525.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.6. Cyber Piracy [17525 - 17528.5] ( Article 1.6 added by Stats. 2000, Ch. 218, Sec. 1. )
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A person may not, in bad faith, register, traffic in, or use certain domain or subdomain names that are identical or confusingly similar to protected names.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.6. Cyber Piracy [17525 - 17528.5] ( Article 1.6 added by Stats. 2000, Ch. 218, Sec. 1. ) ## 17525. (a) It is unlawful for a person, with a bad faith intent, to register, traffic in, or use a domain or subdomain name that is identical or confusingly similar to, because of, among other things, misspelling of the domain or subdomain name, either of the following: (1) The personal name of another living person or deceased personality, without regard to the goods or services of the parties. (2) The name of any of the following used to sell or resell, or offer to sell or resell, goods: (A) A specific professional or collegiate sports team, professional or collegiate sports league, theme or amusement park, or venue where concerts, sports, or other live entertainment events are held. (B) A specific event, performance, or exhibition, including the name of a person, professional or collegiate team, performance, group, or entity scheduled to perform or appear at that event. (b) This section does not apply in the case of a name registered as a domain name or subdomain name in either of the following circumstances: (1) The personal name described in paragraph (1) of subdivision (a) is connected to a work of authorship, including, but not limited to, fictional or nonfictional entertainment, and dramatic, literary, audiovisual, or musical works. (2) The person whose personal name is described in paragraph (1) of subdivision (a) or the authorized agent of an entity whose name is described by paragraph (2) of subdivision (a) consents to the registration, trafficking, or use of the name as a domain or subdomain name. (c) A domain name registrar, a domain name registry, or any other domain name registration authority that takes any action described in subdivision (a) that affects a domain name shall not be liable to any person for that action, regardless of whether the domain name is finally determined to infringe or dilute a trademark or service mark. (d) A party who has suffered injury in fact and has lost money or property as a result of a violation of this section may bring a civil action for recovery of actual, consequential, and punitive damages, if warranted, and shall be awarded reasonable attorney’s fees if the action is resolved in that party’s favor. (e) For purposes of this section, “goods” includes tickets to a concert, sporting event, or other live entertainment event. “Goods” also includes clothing and memorabilia bearing the name or trademark of an entity described in paragraph (2) of subdivision (a). (f) A person who registers, traffics in, or uses a domain or subdomain name in violation of paragraph (1) or (2) of subdivision (a) without the consent described in paragraph (2) of subdivision (b) is presumed to have done so with a bad faith intent. This presumption is a presumption affecting the burden of proof. (g) The remedies provided by this section are cumulative and shall not be construed as restricting a remedy that is otherwise available, including, but not limited to, a remedy available under Chapter 2 (commencing with Section 14200) of Division 6, or Chapter 4 (commencing with Section 17000) of Part 2 of Division 7. (Amended by Stats. 2021, Ch. 124, Sec. 2. (AB 938) Effective January 1, 2022.)
17526.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.6. Cyber Piracy [17525 - 17528.5] ( Article 1.6 added by Stats. 2000, Ch. 218, Sec. 1. )
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A court may consider listed factors when deciding whether there is bad faith intent under Section 17525.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.6. Cyber Piracy [17525 - 17528.5] ( Article 1.6 added by Stats. 2000, Ch. 218, Sec. 1. ) ## 17526. In determining whether there is a bad faith intent pursuant to Section 17525, a court, consistent with 15 U.S.C. Sec. 1125(d)(1)(B)(i) as that section read on January 1, 2019, may consider factors, including, but not limited to, the following: (a) The trademark or other intellectual property rights of the person alleged to be in violation of this article, if any, in the domain name. (b) The extent to which the domain name consists of the legal name of the person alleged to be in violation of this article or a name that is otherwise commonly used to identify that person. (c) The prior use, if any, by the person alleged to be in violation of this article of the domain name in connection with the bona fide offering of any goods or services. (d) The legitimate noncommercial or fair use of the name in an internet website accessible under the domain name by the person alleged to be in violation of this article. (e) The intent of a person alleged to be in violation of this article to do either of the following: (1) Divert consumers from the person’s or deceased personality’s online location to a site accessible under the domain name that could harm the goodwill represented by the person’s or deceased personality’s name either for commercial gain or with the intent to tarnish or disparage the person’s or deceased personality’s name by creating a likelihood of confusion as to the source, sponsorship, affiliation, or endorsement of the site. (2) Divert consumers from the online location of an entity described in paragraph (2) of subdivision (a) of Section 17525 to a site accessible under the domain name that could harm the goodwill represented by that entity’s name either for commercial gain or with the intent to tarnish or disparage the entity by creating a likelihood of confusion as to the source, sponsorship, affiliation, or endorsement of the site. (f) The offer by a person alleged to be in violation of this article to transfer, sell, or otherwise assign the domain name to the rightful owner or any third party for substantial consideration without having used, or having an intent to use, the domain name in the bona fide offering of any goods or services. (g) The intentional provision by the person alleged to be in violation of this article of material and misleading false contact information when applying for the registration of the domain name. (h) The registration or acquisition by the person alleged to be in violation of this article of multiple domain names that are identical or confusingly similar to names described in subdivision (a) of Section 17525. (i) Whether the person alleged to be in violation of this article sought or obtained consent from the rightful owner to register, traffic in, or use the domain name. (j) The intent of a person alleged to be in violation of this article to mislead, deceive, or defraud users of the internet website, including consumers and voters. (Amended by Stats. 2020, Ch. 162, Sec. 2. (SB 342) Effective January 1, 2021.)
17527.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.6. Cyber Piracy [17525 - 17528.5] ( Article 1.6 added by Stats. 2000, Ch. 218, Sec. 1. )
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This section defines terms used in the article, including “deceased personality,” “domain name,” “internet,” and “traffic in.”

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.6. Cyber Piracy [17525 - 17528.5] ( Article 1.6 added by Stats. 2000, Ch. 218, Sec. 1. ) ## 17527. As used in this article: (a) “Deceased personality” shall have the same meaning as defined in Section 3344.1 of the Civil Code. (b) “Domain name” means any alphanumeric designation that is registered with or assigned by any domain name registrar, domain name registry, or other domain name registration authority as part of an electronic address on the internet. (c) “Internet” shall have the meaning specified in Section 17538. (d) “Traffic in” refers to transactions that include, but are not limited to, sales, purchases, loans, pledges, licenses, exchanges of currency, or any other transfer for consideration or receipt in exchange for consideration. (Added by Stats. 2000, Ch. 218, Sec. 1. Effective January 1, 2001.)
17528.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.6. Cyber Piracy [17525 - 17528.5] ( Article 1.6 added by Stats. 2000, Ch. 218, Sec. 1. )
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Actions brought under this article must follow Section 410.10 of the Code of Civil Procedure for jurisdiction.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.6. Cyber Piracy [17525 - 17528.5] ( Article 1.6 added by Stats. 2000, Ch. 218, Sec. 1. ) ## 17528. Jurisdiction for actions brought pursuant to this article shall be in accordance with Section 410.10 of the Code of Civil Procedure. (Added by Stats. 2000, Ch. 218, Sec. 1. Effective January 1, 2001.)
17528.5.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.6. Cyber Piracy [17525 - 17528.5] ( Article 1.6 added by Stats. 2000, Ch. 218, Sec. 1. )
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A court may order transfer of a domain name when granting relief for a violation of this article.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.6. Cyber Piracy [17525 - 17528.5] ( Article 1.6 added by Stats. 2000, Ch. 218, Sec. 1. ) ## 17528.5. In addition to any other remedies available under law, a court may order the transfer of a domain name as part of the relief awarded for a violation of this article. (Added by Stats. 2003, Ch. 277, Sec. 3. Effective January 1, 2004.)
17529.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.8. Restrictions On Unsolicited Commercial E-mail Advertisers [17529 - 17529.9] ( Article 1.8 added by Stats. 2003, Ch. 487, Sec. 1. )
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The Legislature states that spam should be prohibited and commercial advertising emails regulated under this article.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.8. Restrictions On Unsolicited Commercial E-mail Advertisers [17529 - 17529.9] ( Article 1.8 added by Stats. 2003, Ch. 487, Sec. 1. ) ## 17529. The Legislature hereby finds and declares all of the following: (a) Roughly 40 percent of all e-mail traffic in the United States is comprised of unsolicited commercial e-mail advertisements (hereafter spam) and industry experts predict that by the end of 2003 half of all e-mail traffic will be comprised of spam. (b) The increase in spam is not only an annoyance but is also an increasing drain on corporate budgets and possibly a threat to the continued usefulness of the most successful tool of the computer age. (c) Complaints from irate business and home-computer users regarding spam have skyrocketed, and polls have reported that 74 percent of respondents favor making mass spamming illegal and only 12 percent are opposed, and that 80 percent of respondents consider spam very annoying. (d) According to Ferris Research Inc., a San Francisco consulting group, spam will cost United States organizations more than ten billion dollars ($10,000,000,000) this year, including lost productivity and the additional equipment, software, and manpower needed to combat the problem. California is 12 percent of the United States population with an emphasis on technology business, and it is therefore estimated that spam costs California organizations well over 1.2 billion dollars ($1,200,000,000). (e) Like junk faxes, spam imposes a cost on users, using up valuable storage space in e-mail inboxes, as well as costly computer band width, and on networks and the computer servers that power them, and discourages people from using e-mail. (f) Spam filters have not proven effective. (g) Like traditional paper “junk” mail, spam can be annoying and waste time, but it also causes many additional problems because it is easy and inexpensive to create, but difficult and costly to eliminate. (h) The “cost shifting” from deceptive spammers to Internet business and e-mail users has been likened to sending junk mail with postage due or making telemarketing calls to someone’s pay-per-minute cellular phone. (i) Many spammers have become so adept at masking their tracks that they are rarely found, and are so technologically sophisticated that they can adjust their systems to counter special filters and other barriers against spam and can even electronically commandeer unprotected computers, turning them into spam-launching weapons of mass production. (j) There is a need to regulate the advertisers who use spam, as well as the actual spammers, because the actual spammers can be difficult to track down due to some return addresses that show up on the display as “unknown” and many others being obvious fakes and they are often located offshore. (k) The true beneficiaries of spam are the advertisers who benefit from the marketing derived from the advertisements. (l) In addition, spam is responsible for virus proliferation that can cause tremendous damage both to individual computers and to business systems. (m) Because of the above problems, it is necessary that spam be prohibited and that commercial advertising e-mails be regulated as set forth in this article. (Added by Stats. 2003, Ch. 487, Sec. 1. Effective January 1, 2004.)
17529.1.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.8. Restrictions On Unsolicited Commercial E-mail Advertisers [17529 - 17529.9] ( Article 1.8 added by Stats. 2003, Ch. 487, Sec. 1. )
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This section defines key terms used for rules on unsolicited commercial e-mail advertising.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.8. Restrictions On Unsolicited Commercial E-mail Advertisers [17529 - 17529.9] ( Article 1.8 added by Stats. 2003, Ch. 487, Sec. 1. ) ## 17529.1. For the purpose of this article, the following definitions apply: (a) “Advertiser” means a person or entity that advertises through the use of commercial e-mail advertisements. (b) “California electronic mail address” or “California e-mail address” means any of the following: (1) An e-mail address furnished by an electronic mail service provider that sends bills for furnishing and maintaining that e-mail address to a mailing address in this state. (2) An e-mail address ordinarily accessed from a computer located in this state. (3) An e-mail address furnished to a resident of this state. (c) “Commercial e-mail advertisement” means any electronic mail message initiated for the purpose of advertising or promoting the lease, sale, rental, gift offer, or other disposition of any property, goods, services, or extension of credit. (d) “Direct consent” means that the recipient has expressly consented to receive e-mail advertisements from the advertiser, either in response to a clear and conspicuous request for the consent or at the recipient’s own initiative. (e) “Domain name” means any alphanumeric designation that is registered with or assigned by any domain name registrar as part of an electronic address on the Internet. (f) “Electronic mail” or “e-mail” means an electronic message that is sent to an e-mail address and transmitted between two or more telecommunications devices, computers, or electronic devices capable of receiving electronic messages, whether or not the message is converted to hard copy format after receipt, viewed upon transmission, or stored for later retrieval. “Electronic mail” or “e-mail” includes electronic messages that are transmitted through a local, regional, or global computer network. (g) “Electronic mail address” or “e-mail address” means a destination, commonly expressed as a string of characters, to which electronic mail can be sent or delivered. An “electronic mail address” or “e-mail address” consists of a user name or mailbox and a reference to an Internet domain. (h) “Electronic mail service provider” means any person, including an Internet service provider, that is an intermediary in sending or receiving electronic mail or that provides to end users of the electronic mail service the ability to send or receive electronic mail. (i) “Initiate” means to transmit or cause to be transmitted a commercial e-mail advertisement or assist in the transmission of a commercial e-mail advertisement by providing electronic mail addresses where the advertisement may be sent, but does not include the routine transmission of the advertisement through the network or system of a telecommunications utility or an electronic mail service provider through its network or system. (j) “Incident” means a single transmission or delivery to a single recipient or to multiple recipients of an unsolicited commercial e-mail advertisement containing substantially similar content. (k) “Internet” has the meaning set forth in paragraph (6) of subdivision (e) of Section 17538. (l) “Preexisting or current business relationship,” as used in connection with the sending of a commercial e-mail advertisement, means that the recipient has made an inquiry and has provided his or her e-mail address, or has made an application, purchase, or transaction, with or without consideration, regarding products or services offered by the advertiser. Commercial e-mail advertisements sent pursuant to the exemption provided for a preexisting or current business relationship shall provide the recipient of the commercial e-mail advertisement with the ability to “opt-out” from receiving further commercial e-mail advertisements by calling a toll-free telephone number or by sending an “unsubscribe” e-mail to the advertiser offering the products or services in the commercial e-mail advertisement. This opt-out provision does not apply to recipients who are receiving free e-mail service with regard to commercial e-mail advertisements sent by the provider of the e-mail service. (m) “Recipient” means the addressee of an unsolicited commercial e-mail advertisement. If an addressee of an unsolicited commercial e-mail advertisement has one or more e-mail addresses to which an unsolicited commercial e-mail advertisement is sent, the addressee shall be deemed to be a separate recipient for each e-mail address to which the e-mail advertisement is sent. (n) “Routine transmission” means the transmission, routing, relaying, handling, or storing of an electronic mail message through an automatic technical process. “Routine transmission” shall not include the sending, or the knowing participation in the sending, of unsolicited commercial e-mail advertisements. (o) “Unsolicited commercial e-mail advertisement” means a commercial e-mail advertisement sent to a recipient who meets both of the following criteria: (1) The recipient has not provided direct consent to receive advertisements from the advertiser. (2) The recipient does not have a preexisting or current business relationship, as defined in subdivision (l), with the advertiser promoting the lease, sale, rental, gift offer, or other disposition of any property, goods, services, or extension of credit. (Amended by Stats. 2004, Ch. 183, Sec. 14. Effective January 1, 2005.)
17529.2.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.8. Restrictions On Unsolicited Commercial E-mail Advertisers [17529 - 17529.9] ( Article 1.8 added by Stats. 2003, Ch. 487, Sec. 1. )
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A person or entity may not initiate or advertise unsolicited commercial e-mail advertisements from California or to California email addresses.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.8. Restrictions On Unsolicited Commercial E-mail Advertisers [17529 - 17529.9] ( Article 1.8 added by Stats. 2003, Ch. 487, Sec. 1. ) ## 17529.2. Notwithstanding any other provision of law, a person or entity may not do any of the following: (a) Initiate or advertise in an unsolicited commercial e-mail advertisement from California or advertise in an unsolicited commercial e-mail advertisement sent from California. (b) Initiate or advertise in an unsolicited commercial e-mail advertisement to a California electronic mail address, or advertise in an unsolicited commercial e-mail advertisement sent to a California electronic mail address. (c) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect any other provision or application that can be given effect without the invalid provision or application. (Added by Stats. 2003, Ch. 487, Sec. 1. Effective January 1, 2004.)
17529.3.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.8. Restrictions On Unsolicited Commercial E-mail Advertisers [17529 - 17529.9] ( Article 1.8 added by Stats. 2003, Ch. 487, Sec. 1. )
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A provider of Internet access service may adopt, implement, or enforce a policy to decline to handle certain types of email messages.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.8. Restrictions On Unsolicited Commercial E-mail Advertisers [17529 - 17529.9] ( Article 1.8 added by Stats. 2003, Ch. 487, Sec. 1. ) ## 17529.3. Nothing in this article shall be construed to limit or restrict the adoption, implementation, or enforcement by a provider of Internet access service of a policy of declining to transmit, receive, route, relay, handle, or store certain types of electronic mail messages. (Added by Stats. 2003, Ch. 487, Sec. 1. Effective January 1, 2004.)
17529.4.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.8. Restrictions On Unsolicited Commercial E-mail Advertisers [17529 - 17529.9] ( Article 1.8 added by Stats. 2003, Ch. 487, Sec. 1. )
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This section makes certain email-address collection and automated email-account registration unlawful when tied to unsolicited commercial email advertising involving California.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.8. Restrictions On Unsolicited Commercial E-mail Advertisers [17529 - 17529.9] ( Article 1.8 added by Stats. 2003, Ch. 487, Sec. 1. ) ## 17529.4. (a) It is unlawful for any person or entity to collect electronic mail addresses posted on the Internet if the purpose of the collection is for the electronic mail addresses to be used to do either of the following: (1) Initiate or advertise in an unsolicited commercial e-mail advertisement from California, or advertise in an unsolicited commercial e-mail advertisement sent from California. (2) Initiate or advertise in an unsolicited commercial e-mail advertisement to a California electronic mail address, or advertise in an unsolicited commercial e-mail advertisement sent to California electronic mail address. (b) It is unlawful for any person or entity to use an electronic mail address obtained by using automated means based on a combination of names, letters, or numbers to do either of the following: (1) Initiate or advertise in an unsolicited commercial e-mail advertisement from California, or advertise in an unsolicited commercial e-mail advertisement sent from California. (2) Initiate or advertise in an unsolicited commercial e-mail advertisement to a California electronic mail address, or advertise in an unsolicited commercial e-mail advertisement sent to a California electronic mail address. (c) It is unlawful for any person to use scripts or other automated means to register for multiple electronic mail accounts from which to do, or to enable another person to do, either of the following: (1) Initiate or advertise in an unsolicited commercial e-mail advertisement from California, or advertise in an unsolicited commercial e-mail advertisement sent from California. (2) Initiate or advertise in an unsolicited commercial e-mail advertisement to a California electronic mail address, or advertise in an unsolicited commercial e-mail advertisement sent to a California electronic mail address. (Added by Stats. 2003, Ch. 487, Sec. 1. Effective January 1, 2004.)
17529.5.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.8. Restrictions On Unsolicited Commercial E-mail Advertisers [17529 - 17529.9] ( Article 1.8 added by Stats. 2003, Ch. 487, Sec. 1. )
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This section forbids certain commercial email ads sent from California or to California email addresses, and allows specified parties to sue for damages. Violations are misdemeanors.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.8. Restrictions On Unsolicited Commercial E-mail Advertisers [17529 - 17529.9] ( Article 1.8 added by Stats. 2003, Ch. 487, Sec. 1. ) ## 17529.5. (a) It is unlawful for any person or entity to advertise in a commercial e-mail advertisement either sent from California or sent to a California electronic mail address under any of the following circumstances: (1) The e-mail advertisement contains or is accompanied by a third-party’s domain name without the permission of the third party. (2) The e-mail advertisement contains or is accompanied by falsified, misrepresented, or forged header information. This paragraph does not apply to truthful information used by a third party who has been lawfully authorized by the advertiser to use that information. (3) The e-mail advertisement has a subject line that a person knows would be likely to mislead a recipient, acting reasonably under the circumstances, about a material fact regarding the contents or subject matter of the message. (b) (1) (A) In addition to any other remedies provided by any other provision of law, the following may bring an action against a person or entity that violates any provision of this section: (i) The Attorney General. (ii) An electronic mail service provider. (iii) A recipient of an unsolicited commercial e-mail advertisement, as defined in Section 17529.1. (B) A person or entity bringing an action pursuant to subparagraph (A) may recover either or both of the following: (i) Actual damages. (ii) Liquidated damages of one thousand dollars ($1,000) for each unsolicited commercial e-mail advertisement transmitted in violation of this section, up to one million dollars ($1,000,000) per incident. (C) The recipient, an electronic mail service provider, or the Attorney General, if the prevailing plaintiff, may also recover reasonable attorney’s fees and costs. (D) However, there shall not be a cause of action under this section against an electronic mail service provider that is only involved in the routine transmission of the e-mail advertisement over its computer network. (2) If the court finds that the defendant established and implemented, with due care, practices and procedures reasonably designed to effectively prevent unsolicited commercial e-mail advertisements that are in violation of this section, the court shall reduce the liquidated damages recoverable under paragraph (1) to a maximum of one hundred dollars ($100) for each unsolicited commercial e-mail advertisement, or a maximum of one hundred thousand dollars ($100,000) per incident. (3) (A) A person who has brought an action against a party under this section shall not bring an action against that party under Section 17529.8 or 17538.45 for the same commercial e-mail advertisement, as defined in subdivision (c) of Section 17529.1. (B) A person who has brought an action against a party under Section 17529.8 or 17538.45 shall not bring an action against that party under this section for the same commercial e-mail advertisement, as defined in subdivision (c) of Section 17529.1. (c) A violation of this section is a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000), imprisonment in a county jail for not more than six months, or both that fine and imprisonment. (Amended by Stats. 2005, Ch. 247, Sec. 1. Effective January 1, 2006.)
17529.8.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.8. Restrictions On Unsolicited Commercial E-mail Advertisers [17529 - 17529.9] ( Article 1.8 added by Stats. 2003, Ch. 487, Sec. 1. )
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Certain recipients, email service providers, and the Attorney General may sue for violations of this article, and courts may award damages and fees, with a reduced damages cap if the defendant used reasonable anti-spam practices.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.8. Restrictions On Unsolicited Commercial E-mail Advertisers [17529 - 17529.9] ( Article 1.8 added by Stats. 2003, Ch. 487, Sec. 1. ) ## 17529.8. (a) (1) In addition to any other remedies provided by this article or by any other provisions of law, a recipient of an unsolicited commercial e-mail advertisement transmitted in violation of this article, an electronic mail service provider, or the Attorney General may bring an action against an entity that violates any provision of this article to recover either or both of the following: (A) Actual damages. (B) Liquidated damages of one thousand dollars ($1,000) for each unsolicited commercial e-mail advertisement transmitted in violation of Section 17529.2, up to one million dollars ($1,000,000) per incident. (2) The recipient, an electronic mail service provider, or the Attorney General, if the prevailing plaintiff, may also recover reasonable attorney’s fees and costs. (3) However, there shall not be a cause of action against an electronic mail service provider that is only involved in the routine transmission of the unsolicited commercial e-mail advertisement over its computer network. (b) If the court finds that the defendant established and implemented, with due care, practices and procedures reasonably designed to effectively prevent unsolicited commercial e-mail advertisements that are in violation of this article, the court shall reduce the liquidated damages recoverable under subdivision (a) to a maximum of one hundred dollars ($100) for each unsolicited commercial e-mail advertisement, or a maximum of one hundred thousand dollars ($100,000) per incident. (Added by Stats. 2003, Ch. 487, Sec. 1. Effective January 1, 2004.)
17529.9.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.8. Restrictions On Unsolicited Commercial E-mail Advertisers [17529 - 17529.9] ( Article 1.8 added by Stats. 2003, Ch. 487, Sec. 1. )
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This article is severable: if part of it is invalid, the rest can still remain effective if it can function without the invalid part.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 1.8. Restrictions On Unsolicited Commercial E-mail Advertisers [17529 - 17529.9] ( Article 1.8 added by Stats. 2003, Ch. 487, Sec. 1. ) ## 17529.9. The provisions of this article are severable. If any provision of this article or its application is held invalid, that invalidity shall not affect any other provision or application that can be given effect without the invalid provision or application. (Added by Stats. 2003, Ch. 487, Sec. 1. Effective January 1, 2004.)
1753.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 7. Dental Auxiliaries [1740 - 1777] ( Article 7 repealed and added by Stats. 1974, Ch. 128. )
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The board may license a person as a registered dental assistant in extended functions if the person applies, pays the fee, and proves the listed eligibility requirements.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 7. Dental Auxiliaries [1740 - 1777] ( Article 7 repealed and added by Stats. 1974, Ch. 128. ) ## 1753. (a) On and after January 1, 2010, the board may license as a registered dental assistant in extended functions a person who files a completed application, pays the applicable fee, and submits written evidence, satisfactory to the board, of all of the following eligibility requirements: (1) Current, active, and valid licensure as a registered dental assistant. (2) A full set of fingerprints for purposes of conducting a criminal history check. (3) Successful completion of either of the following: (A) An extended functions postsecondary program approved by the board in all of the procedures specified in Section 1753.5. (B) An extended functions postsecondary program approved by the board to teach the duties that registered dental assistants in extended functions were allowed to perform pursuant to board regulations prior to January 1, 2010, and a course approved by the board in the procedures specified in paragraphs (1), (2), (5), and (7) to (11), inclusive, of subdivision (b) of Section 1753.5. (4) Current certification in basic life support issued by American Red Cross, American Heart Association, American Safety and Health Institute, American Dental Association’s Continuing Education Provider Recognition Program, or Academy of General Dentistry’s Program Approval for Continuing Education. (5) Successful completion of a board-approved pit and fissure sealant course. (6) Passage of a written examination administered by the board. The board shall designate whether the written examination shall be administered by the board. (b) A registered dental assistant in extended functions with permits in either orthodontic assisting or dental sedation assisting shall be referred to as an “RDAEF with orthodontic assistant permit,” or “RDAEF with dental sedation assistant permit,” as applicable. These terms shall be used for reference purposes only and do not create additional categories of licensure. (c) Completion of the continuing education requirements established by the board pursuant to Section 1645 by a registered dental assistant in extended functions who also holds a permit as an orthodontic assistant or dental sedation assistant shall fulfill the continuing education requirement for such permit or permits. (d) The licensee shall be responsible for complying with all applicable licensure renewal requirements, including continuing education pursuant to Section 1645. (Amended by Stats. 2024, Ch. 483, Sec. 57. (SB 1453) Effective January 1, 2025.)
1753.5.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 7. Dental Auxiliaries [1740 - 1777] ( Article 7 repealed and added by Stats. 1974, Ch. 128. )
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A registered dental assistant in extended functions licensed on or after January 1, 2010 may perform specified dental duties and additional procedures, including under direct supervision and subject to a licensed dentist’s order and responsibility.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 7. Dental Auxiliaries [1740 - 1777] ( Article 7 repealed and added by Stats. 1974, Ch. 128. ) ## 1753.5. (a) A registered dental assistant in extended functions licensed on or after January 1, 2010, is authorized to perform all duties and procedures that a registered dental assistant is authorized to perform as specified in and limited by Section 1752.4, and the duties in this section. (b) A registered dental assistant in extended functions licensed on or after January 1, 2010, is authorized to perform the following additional procedures under direct supervision and pursuant to the order, control, and full professional responsibility of a licensed dentist: (1) Perform oral health assessments, including intraoral and extraoral soft tissue evaluations to identify oral lesions, classifying occlusion, performing myofunctional evaluations, and oral cancer screenings as authorized by the supervising dentist. (2) Perform oral health assessments in school-based, community health project settings under the direction of a dentist, registered dental hygienist, or registered dental hygienist in alternative practice. (3) Gingival retraction for impression and restorative procedures. (4) Size and fit endodontic master points and accessory points. (5) Cement endodontic master points and accessory points. (6) Perform post, core, and build-up procedures in conjunction with direct and indirect restorations. (7) Take final impression for permanent indirect restorations. (8) Take final impressions for tooth-borne removeable prosthesis. (9) Place, contour, finish, and adjust all direct restorations. (10) Adjust and adhere all permanent indirect restorations. (11) Other procedures authorized by regulations adopted by the board. (c) A registered dental assistant in extended functions licensed on or after January 1, 2010, may perform a duty specified in this section using contemporary techniques and materials designed for use in the performance of that duty under the direct supervision and pursuant to the order, control, and full professional responsibility of a licensed dentist if the registered dental assistant in extended functions has completed the appropriate education and training, and whose skill, knowledge, and education in the use of such contemporary technique or material has been determined clinically competent by the supervising licensed dentist. (Amended by Stats. 2024, Ch. 483, Sec. 58. (SB 1453) Effective January 1, 2025.)
1753.51.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 7. Dental Auxiliaries [1740 - 1777] ( Article 7 repealed and added by Stats. 1974, Ch. 128. )
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A registered dental assistant in extended functions may perform specified enhanced duties if licensed on or after January 1, 2010, completes a board-approved course, and works under the supervising dentist’s control.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 7. Dental Auxiliaries [1740 - 1777] ( Article 7 repealed and added by Stats. 1974, Ch. 128. ) ## 1753.51. (a) Unless otherwise specified in this section, a registered dental assistant in extended functions licensed on or after January 1, 2010, who successfully completes a board-approved course in interim therapeutic restoration and radiographic decisionmaking, is authorized to perform the following enhanced duties pursuant to the order, control, and full professional responsibility of the supervising licensed dentist: (1) Under general supervision, determine which radiographs to perform on a patient who has not received an initial examination by the supervising dentist for the specific purpose of the dentist making a diagnosis and treatment plan for the patient. The registered dental assistant in extended functions shall follow protocols established by the supervising dentist. (2) Under direct supervision, place interim therapeutic restorations to stabilize the tooth until a licensed dentist diagnoses the need for further definitive treatment. (b) Place interim therapeutic restorations after the supervising dentist confirms a diagnosis and provides instruction to perform the procedure in the following settings: (1) In a dental office setting, under the direct or general supervision of a dentist. (2) In public health settings, using telehealth, as defined by Section 2290.5, for the purpose of communication with the supervising dentist, including, but not limited to, schools, Head Start and preschool programs, and community clinics, under the general supervision of a dentist. (c) The board shall identify, on the statewide license verification internet website, the enhanced duty of interim therapeutic restoration for a registered dental assistant in extended functions who files a completed verification form issued by the board including the applicable fee. (Added by Stats. 2024, Ch. 483, Sec. 59. (SB 1453) Effective January 1, 2025.)
1753.52.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 7. Dental Auxiliaries [1740 - 1777] ( Article 7 repealed and added by Stats. 1974, Ch. 128. )
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A course provider must get board approval before offering this dental auxiliary course and submit the required application materials. The course must meet detailed curriculum, facility, equipment, student eligibility, faculty, and reporting requirements.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 7. Dental Auxiliaries [1740 - 1777] ( Article 7 repealed and added by Stats. 1974, Ch. 128. ) ## 1753.52. (a) On or after January 1, 2026, a provider of a course for instruction in interim therapeutic restorations and radiographic decisionmaking for a registered dental assistant in extended functions shall apply for board approval to offer the course and submit all of the following to the board: (1) An application prescribed by the board that shall specify the name of the course or educational program administrator or director, the name of the course provider, the name of the course, and the location where the course will be offered. (2) The application fee prescribed by regulation. (3) A detailed course curriculum evidencing that the course is sufficient in length for the students to develop competency in placement of protective restorations, but shall be, at a minimum, 16 hours in length and include all of the following: (A) Four hours of didactic training, which may take place in an in-person or online environment, and shall include: (i) Review of pulpal anatomy. (ii) Theory of adhesive restorative materials used in the placement of adhesive protective restorations, including mechanisms of bonding to tooth structure, handling characteristics of the materials, preparation of the tooth prior to material placement, and placement techniques. (iii) Criteria used in clinical dentistry pertaining to the use and placement of adhesive protective restorations, which shall include: (I) Patient factors, as follows: (ia) According to the American Society of Anesthesiologists Physical Status Classification, the patient is Class III or less. (ib) The patient is cooperative enough to have the interim therapeutic restoration placed without the need for special protocols, including sedation or physical support. (ic) The patient, or responsible party, has provided consent for the interim therapeutic restoration procedure. (id) The patient reports that the tooth is asymptomatic, or if there is mild sensitivity that stops within a few seconds of the removal of the offending stimulus. (II) Tooth factors, as follows: (ia) The lesion is accessible without the need for creating access using a dental handpiece. (ib) The margins of the lesion are accessible so that clean, noninvolved margins can be obtained around the entire periphery of the lesion with the use of hand instrumentation. (ic) The depth of the lesion is more than two millimeters from the pulp on radiographic examination or is judged by the supervising licensed dentist to be a shallow lesion such that the treatment does not endanger the pulp or require the use of local anesthetic. (id) The tooth is restorable and does not have other significant pathology. (iv) The protocols to deal with adverse outcomes used in the placement of adhesive protective restorations, including mechanisms of bonding to tooth structure, handling characteristics of the materials, preparation of the tooth prior to material placement, and placement techniques. (v) Criteria for evaluating successful completion of adhesive protective restorations, including, but not limited to, restorative material not in hyper occlusion, no marginal voids, and minimal excess material. (vi) Protocols for adverse outcomes after interim therapeutic restoration placement, including, but not limited to, exposed pulp, tooth fracture, gingival tissue injury, high occlusion, open margins, tooth sensitivity, rough surface, complications, or unsuccessful completion of adhesive protective restorations, including situations requiring immediate referral to a dentist. (vii) Protocols for followup of adhesive protective restorations, including, but not limited to, at least two followup examinations of the interim therapeutic restoration within a 12-month period. (B) Four hours of laboratory training, which shall be held at a physical facility, and include placement of 10 adhesive protective restorations where students demonstrate competency in this technique on typodont teeth. (C) Eight hours of clinical training, which shall be held at a physical facility, and include experiences where students demonstrate, at minimum, placement of five interim therapeutic restorations under direct supervision of faculty. (4) A detailed course curriculum evidencing that the course is sufficient in length for the students to develop competency in making decisions about which radiographs to expose to facilitate diagnosis and treatment planning by a dentist, but shall be, at a minimum, four hours in length and include all of the following: (A) Didactic instruction, including all of the following: (i) The concept of managing caries and individualizing treatment based on a caries risk assessment. (ii) Guidelines for radiographic decisionmaking, including, but not limited to, both of the following concepts: (I) The American Dental Association’s Dental Radiographic Examinations: Recommendations for Patient Selection and Limiting Radiation Exposure (Revised 2012). (II) The American Academy of Pediatric Dentistry’s Guidelines on Prescribing Dental Radiographs. (iii) The guidelines developed by Pacific Center for Special Care at the University of the Pacific Arthur A. Dugoni School of Dentistry (Pacific) for use in training for Health and Workforce Pilot Project No. 172, including both of the following: (I) Instruction on specific decisionmaking guidelines that incorporate information about the patient’s health, radiographic history, time span since previous radiographs were taken, and availability of previous radiographs. (II) Instruction pertaining to the general condition of the mouth, including the extent of dental restorations present and visible signs of abnormalities, including broken teeth, dark areas, holes in teeth, demineralization, visible carious lesions, and remineralization. (B) Laboratory training that includes case-based examination with various clinical situations where trainees make decisions about which radiographs to expose and demonstrate competency to faculty based on these case studies. (C) Simulated clinical experiences consisting of a review of various clinical cases with instructor-led discussion about radiographic decisionmaking in these clinical situations. (5) Evidence of student access to adequate equipment and facilities to satisfy the educational requirements as specified in this section. (6) Evidence that the physical facilities required under this section have all of the following: (A) A patient clinic area, laboratory, and radiology area. (B) Access to equipment necessary to develop dental assisting skills in radiographic decisionmaking. (C) Infection control equipment as required by the board. (7) Evidence that the physical facilities and equipment are maintained and replaced in a manner designed to provide students with a course that will meet the educational objectives set forth in this section. (8) Evidence that all students have access to all of the following: (A) A hazardous waste management plan for the disposal of needles, cartridges, medical waste, and storage of oxygen and nitrous oxide tanks. (B) A clinic hazard communication plan. (C) A copy of the course’s bloodborne and infectious diseases exposure control plan, which shall include emergency needlestick information. (9) Written clinical and laboratory protocols to ensure adequate asepsis, infection and hazard control, and disposal of hazardous wastes, which shall comply with the board’s regulations and other federal, state, and local requirements. The course provider shall provide such protocols to all students, faculty, and appropriate staff to assure compliance with such protocols. Adequate space shall be provided for preparing and sterilizing all armamentaria. (10) Evidence that the course is established at the postsecondary educational level. (b) The course content may be incorporated into a current registered dental assistant in extended functions program. (c) For course enrollment, the course provider shall ensure submission by the student of satisfactory evidence of both of the following requirements: (1) A current, active license as a registered dental assistant in extended functions issued on or after January 1, 2010. (2) A current certification in basic life support from American Red Cross, American Heart Association, American Safety and Health Institute, American Dental Association’s Continuing Education Recognition Program, or Academy of General Dentistry’s Program Approval for Continuing Education. (d) The program or course director shall do both of the following: (1) Ensure all faculty involved in clinical evaluation of students maintain currency in evaluation protocols for interim therapeutic restoration placement and radiographic decisionmaking. (2) Ensure that all faculty responsible for clinical evaluation have completed a one-hour methodology course in clinical evaluation for interim therapeutic restoration placement and radiographic decisionmaking before instruction. (e) Satisfactory completion of a course in interim therapeutic restoration and radiographic decisionmaking is determined using criteria-referenced completion standards, where the instructor determines when the trainee has achieved competency based on these standards, but trainees take varying amounts of time to achieve competency. Any student who does not achieve competency in this duty in the specified period of instruction may receive additional training and evaluation. In cases where, in the judgment of the faculty, students are not making adequate progress, they shall be discontinued from the program. (f) Each student shall pass a written examination which reflects the entire curriculum content. (g) Each student shall pass a simulated clinical examination in which the student successfully completes the application of three of the five interim therapeutic restoration placements required for clinical instruction under faculty supervision. (h) Each approved course shall be subject to board review at any time for compliance with the requirements under this section. The board may withdraw approval at any time that it determines that the course does not meet the requirements set forth in this section. (i) The program or course director shall be responsible for notifying the board in writing of any changes to the course content, physical facilities, and faculty within 10 days of such changes. (j) The board may adopt regulations to implement this section. (Added by Stats. 2024, Ch. 483, Sec. 60. (SB 1453) Effective January 1, 2025.)
1753.55.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 7. Dental Auxiliaries [1740 - 1777] ( Article 7 repealed and added by Stats. 1974, Ch. 128. )
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A registered dental assistant in extended functions may do specified dental duties, but only under a supervising dentist’s control and after meeting the listed training, licensing, or course requirements.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 7. Dental Auxiliaries [1740 - 1777] ( Article 7 repealed and added by Stats. 1974, Ch. 128. ) ## 1753.55. (a) A registered dental assistant in extended functions is authorized to perform the additional duties as set forth in subdivision (b) pursuant to the order, control, and full professional responsibility of a supervising dentist, if the licensee meets one of the following requirements: (1) Is licensed on or after January 1, 2010. (2) Is licensed before January 1, 2010, and has successfully completed a board-approved course in the additional procedures specified in Section 1753.5. (b) (1) Determine which radiographs to perform on a patient who has not received an initial examination by the supervising dentist for the specific purpose of the dentist making a diagnosis and treatment plan for the patient. In these circumstances, the dental assistant in extended functions shall follow protocols established by the supervising dentist. This paragraph only applies in the following settings: (A) In a dental office setting. (B) In public health settings, using telehealth, as defined by Section 2290.5, for the purpose of communication with the supervising dentist, including, but not limited to, schools, Head Start and preschool programs, and community clinics, under the general supervision of a dentist. (2) Place protective restorations, which for this purpose are identified as interim therapeutic restorations, and defined as a direct provisional restoration placed to stabilize the tooth until a licensed dentist diagnoses the need for further definitive treatment. An interim therapeutic restoration consists of the removal of soft material from the tooth using only hand instrumentation, without the use of rotary instrumentation, and subsequent placement of an adhesive restorative material. Local anesthesia shall not be necessary for interim therapeutic restoration placement. Interim therapeutic restorations shall be placed only in accordance with both of the following: (A) In either of the following settings: (i) In a dental office setting, under the direct or general supervision of a dentist as determined by the dentist. (ii) In public health settings, using telehealth, as defined by Section 2290.5, for the purpose of communication with the supervising dentist, including, but not limited to, schools, Head Start and preschool programs, and community clinics, under the general supervision of a dentist. (B) After the diagnosis, treatment plan, and instruction to perform the procedure provided by a dentist. (c) The functions described in subdivision (b) may be performed by a registered dental assistant in extended functions only after completion of a program that includes training in performing those functions, or after providing evidence, satisfactory to the board, of having completed a board-approved course in those functions. (d) The board may issue a permit to a registered dental assistant in extended functions who files a completed application, including the fee, to provide the duties specified in this section after the board has determined the registered dental assistant in extended functions has completed the coursework required in subdivision (c). (Amended by Stats. 2024, Ch. 483, Sec. 61. (SB 1453) Effective January 1, 2025.)
1753.6.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 7. Dental Auxiliaries [1740 - 1777] ( Article 7 repealed and added by Stats. 1974, Ch. 128. )
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A registered dental assistant in extended functions may perform only certain listed procedures and those allowed by Section 1752.4, until proof is provided of completing a board-approved course in additional procedures.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 7. Dental Auxiliaries [1740 - 1777] ( Article 7 repealed and added by Stats. 1974, Ch. 128. ) ## 1753.6. Each person who holds a license as a registered dental assistant in extended functions on the operative date of this section may only perform those procedures that a registered dental assistant is allowed to perform as specified in and limited by Section 1752.4, and the procedures specified in subdivisions (a) to (d), inclusive, until the person provides evidence of having completed a board-approved course in the additional procedures specified in Sections 1753.5 and 1753.55: (a) Gingiva retraction for impression and restorative procedures. (b) Take final impressions for permanent direct and indirect restorations. (c) Apply pit and fissure sealants. (d) Remove excess cement from subgingival tooth surfaces with a hand instrument. (e) Fit trial endodontic filling points. (f) Formulate indirect patterns for post and core castings. (Amended by Stats. 2024, Ch. 483, Sec. 62. (SB 1453) Effective January 1, 2025.)
17530.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
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It is unlawful to publish or circulate knowingly false statements about real estate in California when they are meant to mislead.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17530. It is unlawful for any person, firm, corporation, or association, or any employee or agent therefor, to make or disseminate any statement or assertion of fact in a newspaper, circular, circular or form letter, or other publication published or circulated, including over the Internet, in any language in this state, concerning the extent, location, ownership, title, or other characteristic, quality, or attribute of any real estate located in this state or elsewhere, which is known to be untrue and which is made or disseminated with the intention of misleading. Nothing in this section shall be construed to hold the publisher of any newspaper, or any job printer, liable for any publication herein referred to unless the publisher or printer has an interest, either as owner or agent, in the real estate so advertised. (Amended by Stats. 1998, Ch. 599, Sec. 7. Effective January 1, 1999.)
17530.1.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
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A person must not recommend someone as trustee to a prospective trustor if they know or have reason to believe the proposed trustee is insolvent or about to become insolvent.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17530.1. (a) It shall be unlawful for a person to recommend to a prospective trustor any person to serve as trustee with knowledge or having reason to believe that the proposed trustee is insolvent or is about to become insolvent. For purposes of this section, “insolvent” means a person who has ceased to pay that person’s debts as they become due or whose liabilities exceed that person’s assets. (b) The provisions of this section shall not apply to any trustee named in any deed of trust or mortgage which secures a note or evidence of indebtedness on real property when such trustee acts solely in that capacity. (Added by Stats. 1979, Ch. 763.)
17530.5.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
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People preparing or helping prepare federal or state income tax returns must not disclose related information, unless an exception applies.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17530.5. (a) It is a misdemeanor for any person, including an individual, firm, corporation, association, partnership, or joint venture, or any employee or agent thereof, to disclose any information obtained in the business of preparing federal or state income tax returns or assisting taxpayers in preparing those returns, including any instance in which this information is obtained through an electronic medium, unless the disclosure is within any of the following: (1) Consented to in writing by the taxpayer in a separate document that states to whom the disclosure will be made and how the information will be used. If the taxpayer agrees, this separate consent document may be in the form of an electronic record, executed by an electronic signature as provided by Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code. (2) Expressly authorized by state or federal law. (3) Necessary to the preparation of the return. (4) Pursuant to court order. (b) For the purposes of this section, a person is engaged in the business of preparing federal or state income tax returns or assisting taxpayers in preparing those returns if the person does any of the following: (1) Advertises, or gives publicity to the effect that the person prepares or assists others in the preparation of state or federal income tax returns. (2) Prepares or assists others in the preparation of state or federal income tax returns for compensation. (3) Files a state or federal income tax return by electronic transmittal of return data directly to the Franchise Tax Board or to the Internal Revenue Service. (c) A disclosure prohibited by this section includes a disclosure made internally within the entity preparing or assisting in preparing the return for any purpose other than tax preparation or made by that entity to any of its subsidiaries or affiliates. (d) For purposes of this section, “affiliate” means any entity that, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with, another entity. (e) Contacting a taxpayer to obtain his or her written consent to disclosure does not constitute a violation of this section. (Amended by Stats. 2000, Ch. 1084, Sec. 1. Effective January 1, 2001.)
17530.7.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
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Most non-funeral directors who sell caskets or similar containers at retail must give price and product disclosures, post required pricing and warning notices, provide an itemized cost statement, and give the buyer a district attorney contact notice.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17530.7. It is unlawful for any person, other than a funeral director as defined in Section 7615, to sell, or offer to sell, on a retail basis, a casket, alternative container, or outer burial container, unless that person does all of the following: (a) Provides to any person, upon beginning any discussion of prices, a written or printed list containing, but not necessarily limited to, the price of all caskets and containers that are normally offered for sale by that seller. The seller shall also provide a written statement or list that, at a minimum, specifically identifies particular caskets or containers by price and by thickness of metal, type of wood, or other construction, and by interior and color, when a request for specific information on caskets or containers is made in person by any individual. This information shall also be provided over the telephone, upon request. (b) Places the price in a conspicuous manner on each casket. Individual price tags on caskets shall include the thickness of metal and type of wood or other construction, as applicable, in addition to interior and color information. (c) Places in a conspicuous manner on each casket represented as having a sealing device of any kind, the following notices in at least eight-point boldface type: “THERE IS NO SCIENTIFIC OR OTHER EVIDENCE THAT ANY CASKET WITH A SEALING DEVICE WILL PRESERVE HUMAN REMAINS.” (d) Furnishes to the buyer prior to the sale, a written or printed itemized statement of all costs associated with the sale. (e) Provides to the buyer a statement that includes a notice to the buyer that he or she may contact the office of the district attorney in that jurisdiction with any questions or complaints. At a minimum, the information shall be in eight-point boldface type, and state the following: “THE SELLER IS NOT A FUNERAL DIRECTOR AND IS NOT LICENSED BY THE DEPARTMENT OF CONSUMER AFFAIRS, AND MAY NOT OFFER OR PERFORM FUNERAL SERVICES. STATE AND FEDERAL LAWS PROHIBIT A FUNERAL DIRECTOR FROM CHARGING HANDLING FEES FOR A CASKET SUPPLIED BY ANOTHER PARTY. THE MONEYS RECEIVED BY THE SELLER FOR THE PURCHASE OF A CASKET ARE NOT SUBJECT TO STATE LAW GOVERNING MONEY HELD IN TRUST. THE SELLER IS NOT BOUND BY STATE LAWS OR REGULATIONS THAT GOVERN FUNERAL HOMES AND CEMETERIES. THE PURCHASER ENTERS THIS AGREEMENT AT HIS OR HER OWN RISK. FOR MORE INFORMATION, CONTACT THE OFFICE OF THE DISTRICT ATTORNEY IN YOUR COUNTY.” (Added by Stats. 1998, Ch. 286, Sec. 3. Effective January 1, 1999.)
17531.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
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Advertisers must clearly disclose when advertised merchandise is secondhand, used, defective, blemished, “seconds,” or manufacturer-rejected.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17531. It is unlawful for any person, firm, or corporation, in any newspaper, magazine, circular, form letter or any open publication, published, distributed, or circulated in this state, including over the Internet, or on any billboard, card, label, or other advertising medium, or by means of any other advertising device, to advertise, call attention to or give publicity to the sale of any merchandise, which merchandise is secondhand or used merchandise, or which merchandise is defective in any manner, or which merchandise consists of articles or units or parts known as “seconds,” or blemished merchandise, or which merchandise has been rejected by the manufacturer thereof as not first class, unless there is conspicuously displayed directly in connection with the name and description of that merchandise and each specified article, unit, or part thereof, a direct and unequivocal statement, phrase, or word which will clearly indicate that the merchandise or each article, unit, or part thereof so advertised is secondhand, used, defective, or consists of “seconds” or is blemished merchandise, or has been rejected by the manufacturer thereof, as the case may be. Any violation of this section is a misdemeanor punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both that imprisonment and fine. (Amended by Stats. 1998, Ch. 599, Sec. 8. Effective January 1, 1999.)
17531.1.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
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People who package children’s toys for retail sale must mark the package if the toys are unassembled. A first California wholesaler, jobber, distributor, or other person handling toys packaged outside the state must not further distribute or market unassembled toys unless each package says the toys are unassembled.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17531.1. Every manufacturer, wholesaler, jobber, distributor, or other person, who packages children’s toys for sale to any retailer, shall clearly state on the outside of the package that the toy is unassembled if such is the case. If children’s toys are packaged outside this State, the first wholesaler, jobber, distributor, or other person who has possession or control of the toys in this State in the course of distribution or marketing of such toys for sale to any retailer shall not further distribute or market such toys if they are unassembled unless and until the outside of each package which contains any such toys clearly states that the toys are unassembled. (Added by Stats. 1959, Ch. 823.)
17531.3.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
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An educational conference organization that sends conference materials through a school must package them for the parent or legal guardian and include required disclosures.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17531.3. (a) For purposes of this section, the following terms have the following meanings: (1) “Educational conference” means a conference, forum, camp, or other similar event, intended to develop the leadership, career, or college readiness of a student or provide some other form of educational benefit, when participation in the event is represented as being limited to students receiving an award, invitation, or nomination to participate in the event. (2) “Educational conference organization” or “organization” means a person, partnership, corporation, or other entity that operates in a for-profit manner and that plans and advertises educational conferences to students residing in the State of California. (3) “Student” means a person who is enrolled in elementary or secondary school, grade kindergarten through grade 12, at the time an educational conference is arranged with an educational conference organization. (b) An educational conference organization that provides materials related to an educational conference directly to a school or any employee thereof for purposes of distribution to a student shall comply with all of the following: (1) The organization shall provide the materials in a sealed envelope or other packaging addressed to the parent or legal guardian of the student. (2) The organization shall include with the materials all of the following disclosures, in clear and conspicuous language: (A) That the materials constitute a solicitation for the sale of a product. (B) The legal form of the organization making the solicitation, including the for-profit status of the organization. (C) The legal owner, if any, of the organization making the solicitation. (D) The specific eligibility criteria required for participation in the solicited educational conference or conferences, if any. (E) An itemized list of the costs to participate in the educational conference and the total price of participating in the educational conference, including estimated expenses not included in the price of the educational conference. (F) That attendance at an educational conference may not affect a student’s chances of being admitted to college and that a parent or guardian should contact the student’s school counselor for more information. (G) Whether or not a nomination from a teacher or school administrator is required to participate in the educational conference, or if an individual may be self-nominated or nominated by a parent or guardian. (H) The total amount, if any, of funding or other support, including employment or grants for school supplies, the organization has provided to the student’s school or the school’s employees during the last three years before the date of the solicitation. (I) A phone number, email address, or Internet Web site that a parent or guardian may use to contact a government agency within the relevant jurisdiction for purposes of filing a complaint related to the solicitation or the educational conference itself. (3) The organization shall provide the disclosures described in paragraph (2) on separate documents addressed to the school and to any employee thereof who is asked to distribute materials to a student. (Added by Stats. 2016, Ch. 185, Sec. 2. (AB 2609) Effective January 1, 2017.)
17531.5.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
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It is unlawful to advertise surplus materials in the covered media unless the ad clearly and conspicuously says the merchandise is surplus materials.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17531.5. It is unlawful for any person, firm, or corporation, in any newspaper, magazine, circular, form letter, or any open publication, published, distributed, or circulated in the State of California, including over the Internet, or on any billboard, card, label, or other advertising medium, or by means of any other advertising device, to advertise, call attention to, or give publicity to the sale of any merchandise, which merchandise is surplus materials as defined in the federal Surplus Property Act of 1944 (50 U.S.C. App. Sec. 1622 et seq.), unless there is conspicuously displayed directly in connection with the name and description of that merchandise and each specified article, unit, or part thereof, a direct and unequivocal statement, phrase, or word which will clearly indicate that the merchandise or each article, unit, or part thereof so advertised is or consists of surplus materials as defined in the federal Surplus Property Act of 1944. (Amended by Stats. 1998, Ch. 599, Sec. 9. Effective January 1, 1999.)
17531.6.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
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This section defines several terms used in Sections 17531.7 and 17531.8.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17531.6. As used in Sections 17531.7 and 17531.8, the term: (a) “Picture tube” means cathode ray tube, otherwise known as kinescope or CRT. (b) “Rejuvenate,” or words of like import such as “reactivate” or “restore,” means the repair of any internal malfunction of a picture tube by burning out shorts in the electron gun assembly, or flaking the cathode by heating and vibrating the cathode, or activities of a similar nature. (c) “Seconds,” or terms of like import such as “rejects,” mean that the picture tube, though giving satisfactory performance, does not meet the quality and workmanship maintained by the manufacturer with respect to the general run of tubes of the same type. (d) “Person” includes individual, partnership, firm, association, or corporation. (Added by Stats. 1965, Ch. 725.)
17531.7.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
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Manufacturers, processors, and distributors of television picture tubes may not sell or offer for sale a tube unless it is correctly labeled with the required grade and material description.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17531.7. (a) No manufacturer, processor, or distributor of television picture tubes shall sell, offer for sale, or expose for sale any such tube unless the television picture tube and its container, if any, are correctly labeled to indicate the new and used materials of such tube according to the schedule and manner as hereinafter provided. Description of the picture tube by new and used components and materials shall be indicated by setting forth on the label the particular grade and verbatim description as selected from the following which applies to such tube. Schedule Black and White Picture Tubes Grade AA—Description—All new components and materials including new glass envelope. Grade A—Description—Used glass envelope, all other components and materials are new. Grade B—Description—Used glass envelope, used phosphorescent viewing screen, used aluminization, used internal conductive coating, all other components and materials are new. Grade C—Description—Used picture tube for resale, all significant components and materials are used. Color Picture Tubes Grade AA—Description—All new components and materials, including new glass envelope. Grade A—Description—Used glass envelope, new or used shadow mask, all other components and materials are new. Grade B—Description—New electron gun, all other components and materials are used. Grade C—Description—Used picture tube for resale, all significant components and materials are used. (b) The fact that a used picture tube has been rejuvenated, or has a new or used brightener attached to it, or has fresh paint or coating on the outside, or any combination of the above, shall not change its status or description as a Grade C picture tube, and the terms “rebuilt” or “reconditioned” or words of like import shall not be used to describe such tube. (c) Where a picture tube is a “second” such tube shall be designated by label as a “second” to the exclusion of any other grade designation or component description and the following additional notation shall appear verbatim on the label: —This picture tube is a manufacturer’s reject or second line quality tube but it is capable of giving satisfactory performance— (Amended by Stats. 1969, Ch. 694.)
17531.8.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
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Only a retail purchaser using the picture tube for personal use may remove or alter a label required by this code; everyone else is prohibited.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17531.8. No person other than a purchaser at retail for his own use and consumption shall remove, deface, cover, obliterate, mutilate, alter, or cause to be removed, defaced, covered, obliterated, mutilated, or altered any label required to be placed on a picture tube by this code. (Added by Stats. 1965, Ch. 725.)
17531.9.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
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If someone violates Section 17531.7 or 17531.8, the superior court may issue an injunction or similar order to stop the conduct, after a case is brought by the Attorney General or a district attorney.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17531.9. Any person violating any of the provisions of Section 17531.7 or 17531.8 may be enjoined by any superior court of competent jurisdiction upon action for injunction, brought by the Attorney General or any district attorney in this state, and the superior court shall, after proof of violation, issue an injunction or other appropriate order restraining such conduct. This injunctive remedy shall not be construed to limit the district attorney of the county wherein the violation occurred from prosecuting criminal action for any violations of Section 17531.7 or 17531.8. (Added by Stats. 1965, Ch. 725.)
17532.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
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It is unlawful to knowingly or willfully, with intent to defraud, sell or offer coal under a false name, description, or mine source.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17532. It is unlawful wilfully or knowingly, with intent to defraud, to sell or exchange, or offer or expose for sale or exchange, coal of a specific name or kind under any other name or description, or as the output of any mine other than the mine of which it is the product. (Added by Stats. 1941, Ch. 63.)
17533.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
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A newspaper or periodical proprietor or publisher must not willfully and knowingly misrepresent circulation to get advertising or other patronage.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17533. It is unlawful for any proprietor or publisher of any newspaper or periodical, including any newspaper or periodical published over the Internet, willfully and knowingly to misrepresent the circulation of the newspaper or periodical, for the purpose of securing advertising or other patronage. (Amended by Stats. 1998, Ch. 599, Sec. 10. Effective January 1, 1999.)
17533.10.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
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Do not advertise the sale of anabolic steroids in covered media unless the ad clearly states that possession or sale to an ultimate consumer is a crime, or the steroids are prescribed by a licensed practitioner.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17533.10. It shall be unlawful for any person, firm, corporation, or association, in any newspaper, magazine, circular, form letter, or open publication, published, distributed, or circulated in this state, including over the Internet, or on any billboard, card, label, or other advertising medium, or by means of any other advertising device, to advertise the sale of anabolic steroids, as defined in subdivision (f) of Section 11056 of the Health and Safety Code, unless there is conspicuously displayed or stated in connection with the name and description of any of those anabolic steroids, a direct and unequivocal statement that will clearly indicate that the possession by, or sale to, an ultimate consumer of anabolic steroids is a crime punishable by a substantial fine and imprisonment, unless upon the prescription of a physician, dentist, podiatrist, or veterinarian, licensed to practice in this state, pursuant to Sections 11377, 11378, and 11379 of the Health and Safety Code. (Amended by Stats. 1998, Ch. 599, Sec. 13. Effective January 1, 1999.)
17533.5.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
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It is unlawful to sell or offer surplus materials under a public-facing name that is likely to mislead buyers into thinking the business is officially connected to the U.S. Government or that the goods have special status or value.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17533.5. It shall be unlawful for any person, firm, corporation or association to sell or offer for sale any surplus materials as defined in the Federal Surplus Property Act of 1944, being Chapter 479, Public Laws United States 457, approved October 3, 1944, if such person, firm, corporation or association does business, carries on or trades under or in any way uses in dealing with the public, directly or indirectly, any name which by reason of the inclusion of a word or words such as “Army,” “Navy,” “United States,” “Federal,” “treasury,” “procurement,” “G.I.,” or any others which connote the United States Government or its armed forces or any of its departments or agencies, has a tendency to lead the purchasing public to believe, contrary to fact, that the establishment at which such materials are offered for sale has some official relationship to the United States Government or that all of the articles sold or offered for sale are such surplus materials or that the articles there sold are of higher quality and lower prices than those elsewhere obtainable; provided, however, that this section shall not prohibit the continued use of a trade name by an establishment which for three years prior to the effective date of this section has continually used such word or words as its trade name or as a portion thereof. (Added by Stats. 1945, Ch. 1144.)
17533.6.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
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Nongovernmental entities generally may not use government- or veteran-implying seals, names, symbols, or similar content in ads or solicitations unless they have an expressed connection with, or approval/endorsement from, the relevant entity; some solicitations must also carry specific disclosures.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17533.6. (a) Except as described in subdivisions (b) and (c), it is unlawful for any person, firm, corporation, or association that is a nongovernmental entity to use a seal, emblem, insignia, trade or brand name, or any other term, symbol, or content that reasonably could be interpreted or construed as implying any federal, state, or local government, military veteran entity, or military or veteran service organization connection, approval, or endorsement of any product or service, including, but not limited to, any financial product, goods, or services, by any means, including, but not limited to, a mailing, electronic message, Internet Web site, periodical, or television commercial disseminated in this state, unless the nongovernmental entity has an expressed connection with, or the approval or endorsement of, a federal, state, or local government, military veteran entity, or military or veteran service organization. (b) Notwithstanding subdivision (a) and if permitted by other provisions of law, any person, firm, corporation, or association that is a nongovernmental entity may advertise or promote any event, presentation, seminar, workshop, or other public gathering using a seal, emblem, insignia, trade or brand name, or any other term, symbol, or content as described in subdivision (a), if the person, firm, corporation, or association that is a nongovernmental entity has an expressed connection with, or the approval or endorsement of, a federal, state, or local government, military veteran entity, or military or veteran service organization. (c) Notwithstanding subdivision (a), any person, firm, corporation, or association that is a nongovernmental entity may solicit information, solicit the purchase of or payment for a product or service, or solicit the contribution of funds or membership fees, by any means, including, but not limited to, a mailing, electronic message, Internet Web site, periodical, or television commercial disseminated in this state, using a seal, emblem, insignia, trade or brand name, or any other term, symbol, or content as described in subdivision (a), if the person, firm, corporation, or association that is a nongovernmental entity meets the requirements of paragraph (1) or (2) as follows: (1) The nongovernmental entity has an expressed connection with, or the approval or endorsement of, a federal, state, or local government entity, if permitted by other provisions of law. (2) (A) The solicitation meets all of the following requirements: (i) The solicitation conspicuously displays the following disclosure on the front and back of every page of the solicitation: “THIS PRODUCT OR SERVICE HAS NOT BEEN APPROVED OR ENDORSED BY ANY GOVERNMENTAL AGENCY, AND THIS OFFER IS NOT BEING MADE BY AN AGENCY OF THE GOVERNMENT.” (ii) In the case of a mailed solicitation, the front of the envelope, outside cover, or wrapper in which the matter is mailed conspicuously displays the following disclosure: “THIS IS NOT A GOVERNMENT DOCUMENT.” (iii) If permitted by other provisions of law, in the case of a television commercial disseminated in this state, the solicitation conspicuously displays the following disclosure at the top of the television screen for the entire duration of the television commercial: “THIS PRODUCT OR SERVICE HAS NOT BEEN APPROVED OR ENDORSED BY ANY GOVERNMENTAL AGENCY, AND THIS OFFER IS NOT BEING MADE BY AN AGENCY OF THE GOVERNMENT.” (iv) The disclosure in clause (i) shall be displayed conspicuously, as provided in subdivision (f), and immediately below each portion of the solicitation that reasonably could be construed to specify an amount due and payable by the recipient. The disclosure in clause (ii) shall be displayed conspicuously, as provided in subdivision (f), and immediately below the area of the envelope, outside cover, or wrapper that is used for a return address. The disclosure in clause (iii) shall be displayed conspicuously, as provided in subdivision (f), and at the top of the television screen. The disclosures in clauses (i), (ii), and (iii) shall not be preceded, followed, or surrounded by symbols, terms, or other content that result in the disclosures not being conspicuous or that introduce, modify, qualify, or explain the text of those disclosures. (v) The solicitation does not use a title or trade or brand name that reasonably could be interpreted or construed as implying any federal, state, or local government connection, approval, or endorsement, including, but not limited to, use of the term “agency,” “administrative,” “assessor,” “board,” “bureau,” “collector,” “commission,” “committee,” “department,” “division,” “recorder,” “unit,” “federal,” “state,” “county,” “city,” or “municipal,” or the name or division of any government agency. (vi) The solicitation does not specify a date or time period when payment to the soliciting nongovernmental person, firm, corporation, or association is due, including, but not limited to, use of the terms “due date,” “due now,” “remit by,” “remit immediately,” “payment due,” “pay now,” “pay immediately,” or “pay no later than,” unless the solicitation displays, in the same sentence as the date or time period specified, how the information being solicited will be used, a description of the product or service that is to be provided and to what government agency it shall be rendered, or how the solicited funds or membership fees will be used, as applicable. (vii) The solicitation does not state or imply that payment to any person, firm, corporation, or association that is not a government entity is mandatory or required by law, or state or imply that penalties, fines, or consequences will occur if payment is not made to the soliciting nongovernmental person, firm, corporation, or association. (B) Subparagraph (A) is not applicable to seals, emblems, insignia, trade or brand name, or any other term, symbol, or content of the United States Department of Veterans Affairs, the Department of Veterans Affairs, the federal and state military, military veteran entities, and military or veteran service organizations. (d) Notwithstanding Section 17534, any violation of this section is a misdemeanor punishable by imprisonment in a county jail not exceeding six months, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both that fine and imprisonment. (e) Any person who is harmed as a result of a violation of this section shall be entitled to recover, in addition to any other available remedies, damages in an amount equal to three times the amount solicited. (f) For purposes of this section, “conspicuous” or “conspicuously” means displayed apart from other print on the page, envelope, outside cover, or wrapper and in not less than 12-point boldface font type in capital letters that is at least 2-point boldface font type sizes larger than the next largest print on the page, envelope, outside cover, or wrapper and in contrasting type, layout, font, or color in a manner that clearly calls attention to the language. (Amended by Stats. 2013, Ch. 695, Sec. 1. (SB 272) Effective January 1, 2014.)
17533.6.5.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
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Nongovernmental entities may charge fees to provide public-record copies only if their solicitations include specific disclosures and do not misleadingly suggest government involvement or a required payment.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17533.6.5. (a) Notwithstanding any other law, a person, firm, corporation, or association that is a nongovernmental entity may solicit a fee for providing a copy of a public record if that solicitation meets all of the requirements set forth in paragraphs (1) to (3), inclusive: (1) Contains at the top of the solicitation, in at least 24-point type, all of the following: (A) The following disclosure statement: “THIS IS AN ADVERTISEMENT. THIS OFFER IS NOT BEING MADE BY, OR ON BEHALF OF, ANY GOVERNMENT AGENCY. YOU ARE NOT REQUIRED TO MAKE ANY PAYMENT OR TAKE ANY OTHER ACTION IN RESPONSE TO THIS OFFER.” (B) The fee or cost charged by the relevant state or local agency to obtain a copy of the record that the solicitation is offering to obtain. (C) The information necessary to contact the state or local agency that has custody of the record. (D) The name and physical address of the nongovernmental entity soliciting the fee. (2) The disclosures in paragraph (1) shall not be preceded, followed, or surrounded by symbols, terms, or other content that result in the disclosures not being conspicuous or that introduce, modify, qualify, or explain the text of those disclosures. (3) A solicitation subject to this subdivision shall not be in a form, use deadline dates, or contain other language or content that reasonably could be interpreted or construed as implying: (A) That it was issued by a state or local government agency or is otherwise connected, approved, or endorsed by a state or local government agency. (B) A legal duty on the person being solicited, that any payment to the nongovernmental entity is mandatory or required by law, or that penalties, fines, or other consequences will occur if payment is not made by that person. (b) The Attorney General, a district attorney, or a city attorney may bring an action against any person who violates this section. The court may order the person who violates this section to refund all of the moneys paid to the victim. The court shall impose a civil penalty of not more than one hundred dollars ($100) for each solicitation document distributed in violation of this section, and not more than two hundred dollars ($200) for each subsequent document distributed in violation of this section. The civil penalty shall be payable to the general fund of whichever governmental entity brought the action to assess the civil penalty. (c) As used in this section, “solicit” means to directly advertise or market through writing or graphics and via mail, telefax, or email to an individually identified person, residence, or business location. “Solicit” does not include any of the following: (1) Communicating through a mass advertisement, including a catalog, a radio or television broadcast, or an Internet Web site. (2) Communicating via telephone, mail, or electronic communication, if initiated by the consumer. (3) Advertising the sale of public data to other businesses and entities for a legitimate business purpose, including to research and reporting firms, government agencies, government procurement officers, and government contractors who receive value-added benefits for the purchase and use of public data. (d) This section does not apply to a title insurance company authorized to do business in this state or its authorized agent. (e) This section is not subject to Section 17534 or any other criminal penalty provision. (Added by Stats. 2017, Ch. 293, Sec. 2. (AB 492) Effective January 1, 2018.)
17533.7.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
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It is unlawful to sell or offer for sale in California merchandise labeled as U.S.-made when the item, or a substantial part of it, was made outside the United States.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17533.7. (a) It is unlawful for any person, firm, corporation, or association to sell or offer for sale in this state any merchandise on which merchandise or on its container there appears the words “Made in U.S.A.,” “Made in America,” “U.S.A.,” or similar words if the merchandise or any article, unit, or part thereof, has been entirely or substantially made, manufactured, or produced outside of the United States. (b) This section shall not apply to merchandise made, manufactured, or produced in the United States that has one or more articles, units, or parts from outside of the United States, if all of the articles, units, or parts of the merchandise obtained from outside the United States constitute not more than 5 percent of the final wholesale value of the manufactured product. (c) (1) This section shall not apply to merchandise made, manufactured, or produced in the United States that has one or more articles, units, or parts from outside of the United States, if both of the following apply: (A) The manufacturer of the merchandise shows that it can neither produce the article, unit, or part within the United States nor obtain the article, unit, or part of the merchandise from a domestic source. (B) All of the articles, units, or parts of the merchandise obtained from outside the United States constitute not more than 10 percent of the final wholesale value of the manufactured product. (2) The determination that the article, unit, or part of the merchandise cannot be made, manufactured, produced, or obtained within the United States from a domestic source shall not be based on the cost of the article, unit, or part. (d) This section shall not apply to merchandise sold for resale to consumers outside of California. (e) For purposes of this section, merchandise sold or offered for sale outside of California shall not be deemed mislabeled if the label conforms to the law of the forum state or country within which they are sold or offered for sale. (Amended by Stats. 2015, Ch. 238, Sec. 1. (SB 633) Effective January 1, 2016.)
17533.8.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
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A person cannot offer a prize or gift to set up a sales presentation unless the person clearly says that intent at the time of the offer.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17533.8. (a) It is unlawful for any person to offer, by mail, by telephone, in person, or by any other means or in any other form, including over the Internet, a prize or gift, with the intent to offer a sales presentation, without disclosing at the time of the offer of the prize or gift, in a clear and unequivocal manner, the intent to offer that sales presentation. (b) This section shall not apply to the publisher of any newspaper, periodical, or other publication, or any radio or television broadcaster, or the owner or operator of any cable, satellite, or other medium of communications who broadcasts or publishes, including over the Internet, an advertisement or offer in good faith, without knowledge of its violation of subdivision (a). (Amended by Stats. 1998, Ch. 599, Sec. 11. Effective January 1, 1999.)
17533.9.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
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You may not advertise tear gas or tear gas weapons/devices unless the ad clearly states that possession or transport is prohibited by law, except where specifically exempted or permitted.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17533.9. It shall be unlawful for any person, firm, corporation, or association, in any newspaper, magazine, circular, form letter, or open publication, published, distributed, or circulated in this state, including over the Internet, or on any billboard, card, label, or other advertising medium, or by means of any other advertising device, to advertise the sale of tear gas, tear gas devices, and tear gas weapons, as defined in Sections 17240 and 17250 of the Penal Code, unless there is conspicuously displayed or stated in connection with the name and description of that tear gas, or those tear gas weapons or devices, a direct and unequivocal statement that will clearly indicate that possession or transportation of tear gas and tear gas weapons or devices is prohibited by law unless specifically exempted or permitted pursuant to the authority contained in Division 11 (commencing with Section 22810) of Title 3 of Part 6 of the Penal Code. (Amended by Stats. 2010, Ch. 178, Sec. 14. (SB 1115) Effective January 1, 2011. Operative January 1, 2012, by Sec. 107 of Ch. 178.)
17534.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
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A person or business covered by this section commits a misdemeanor if it violates this chapter.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17534. Any person, firm, corporation, partnership or association or any employee or agent thereof who violates this chapter is guilty of a misdemeanor. (Added by Stats. 1941, Ch. 63.)
17534.5.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
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Unless another law expressly says otherwise, the remedies or penalties under this chapter add to other remedies or penalties under California law.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17534.5. Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this state. (Added by Stats. 1973, Ch. 393.)
17535.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
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Courts may enjoin violators or proposed violators of this chapter, and may order other relief like appointing a receiver. Certain public prosecutors, and injured persons with lost money or property, may bring injunction actions; representative claims are allowed only if standing and Code of Civil Procedure section 382 requirements are met, subject to the stated exception for public prosecutors.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17535. Obtaining Injunctive Relief Any person, corporation, firm, partnership, joint stock company, or any other association or organization which violates or proposes to violate this chapter may be enjoined by any court of competent jurisdiction. The court may make such orders or judgments, including the appointment of a receiver, as may be necessary to prevent the use or employment by any person, corporation, firm, partnership, joint stock company, or any other association or organization of any practices which violate this chapter, or which may be necessary to restore to any person in interest any money or property, real or personal, which may have been acquired by means of any practice in this chapter declared to be unlawful. Actions for injunction under this section may be prosecuted by the Attorney General or any district attorney, county counsel, city attorney, or city prosecutor in this state in the name of the people of the State of California upon their own complaint or upon the complaint of any board, officer, person, corporation or association or by any person who has suffered injury in fact and has lost money or property as a result of a violation of this chapter. Any person may pursue representative claims or relief on behalf of others only if the claimant meets the standing requirements of this section and complies with Section 382 of the Code of Civil Procedure, but these limitations do not apply to claims brought under this chapter by the Attorney General, or any district attorney, county counsel, city attorney, or city prosecutor in this state. (Amended November 2, 2004, by initiative Proposition 64, Sec. 5.)
17535.5.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
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A person who intentionally violates an injunction under Section 17535 can be fined up to $6,000 for each violation.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17535.5. (a) Any person who intentionally violates any injunction issued pursuant to Section 17535 shall be liable for a civil penalty not to exceed six thousand dollars ($6,000) for each violation. Where the conduct constituting a violation is of a continuing nature, each day of such conduct is a separate and distinct violation. In determining the amount of the civil penalty, the court shall consider all relevant circumstances, including, but not limited to, the extent of harm caused by the conduct constituting a violation, the nature and persistence of such conduct, the length of time over which the conduct occurred, the assets, liabilities and net worth of the person, whether corporate or individual, and any corrective action taken by the defendant. (b) The civil penalty prescribed by this section shall be assessed and recovered in a civil action brought in any county in which the violation occurs or where the injunction was issued in the name of the people of the State of California by the Attorney General or by any district attorney, county counsel, or city attorney in any court of competent jurisdiction within his jurisdiction without regard to the county from which the original injunction was issued. An action brought pursuant to this section to recover such civil penalties shall take special precedence over all civil matters on the calendar of the court except those matters to which equal precedence on the calendar is granted by law. (c) If such an action is brought by the Attorney General, one-half of the penalty collected pursuant to this section shall be paid to the treasurer of the county in which the judgment was entered, and one-half to the State Treasurer. If brought by a district attorney or county counsel, the entire amount of the penalty collected shall be paid to the treasurer of the county in which the judgment is entered. If brought by a city attorney or city prosecutor, one-half of the penalty shall be paid to the treasurer of the county in which the judgment was entered and one-half to the city. (d) If the action is brought at the request of a board within the Department of Consumer Affairs or a local consumer affairs agency, the court shall determine the reasonable expenses incurred by the board or local agency in the investigation and prosecution of the action. Before any penalty collected is paid out pursuant to subdivision (c), the amount of such reasonable expenses incurred by the board shall be paid to the State Treasurer for deposit in the special fund of the board described in Section 205. If the board has no such special fund, the moneys shall be paid to the State Treasurer. The amount of such reasonable expenses incurred by a local consumer affairs agency shall be paid to the general fund of the municipality or county which funds the local agency. (Amended by Stats. 1979, Ch. 897.)
17536.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
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Violating any provision of this chapter can trigger a civil penalty of up to $2,500 per violation, enforced through a civil action brought by specified public officials.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17536. Penalty for Violations of Chapter; Proceedings; Disposition of Proceeds (a) Any person who violates any provision of this chapter shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General or by any district attorney, county counsel, or city attorney in any court of competent jurisdiction. (b) The court shall impose a civil penalty for each violation of this chapter. In assessing the amount of the civil penalty, the court shall consider any one or more of the relevant circumstances presented by any of the parties to the case, including, but not limited to, the following: the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, the willfulness of the defendant’s misconduct, and the defendant’s assets, liabilities, and net worth. (c) If the action is brought by the Attorney General, one-half of the penalty collected shall be paid to the treasurer of the county in which the judgment was entered, and one-half to the State Treasurer. If brought by a district attorney or county counsel, the entire amount of penalty collected shall be paid to the treasurer of the county in which the judgment was entered. If brought by a city attorney or city prosecutor, one-half of the penalty shall be paid to the treasurer of the county and one-half to the city. The aforementioned funds shall be for the exclusive use by the Attorney General, district attorney, county counsel, and city attorney for the enforcement of consumer protection laws. (d) If the action is brought at the request of a board within the Department of Consumer Affairs or a local consumer affairs agency, the court shall determine the reasonable expenses incurred by the board or local agency in the investigation and prosecution of the action. Before any penalty collected is paid out pursuant to subdivision (c), the amount of such reasonable expenses incurred by the board shall be paid to the State Treasurer for deposit in the special fund of the board described in Section 205. If the board has no such special fund the moneys shall be paid to the State Treasurer. The amount of such reasonable expenses incurred by a local consumer affairs agency shall be paid to the general fund of the municipality which funds the local agency. (e) As applied to the penalties for acts in violation of Section 17530, the remedies provided by this section and Section 17534 are mutually exclusive. (Amended November 2, 2004, by initiative Proposition 64, Sec. 6.)
17536.5.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
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People filing certain briefs or petitions must serve copies on the Attorney General and the district attorney within 3 days, and later-filed documents must be provided free on request within 5 days.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17536.5. If a violation of this chapter is alleged or the application or construction of this chapter is in issue in any proceeding in the Supreme Court of California, a state court of appeal, or the appellate division of a superior court, each person filing any brief or petition with the court in that proceeding shall serve, within three days of filing with the court, a copy of that brief or petition on the Attorney General, directed to the attention of the Consumer Protection Section at a service address designated on the Attorney General’s official internet website for service of papers under this section or, if no service address is designated, at the Attorney General’s office in the City of San Francisco and on the district attorney of the county in which the lower court action or proceeding was originally filed. Upon the Attorney General’s or district attorney’s request, each person who has filed any other document, including all or a portion of the appellate record, with the court in addition to a brief or petition shall provide a copy of that document without charge to the Attorney General or the district attorney within five days of the request. The time for service may be extended by the Chief Justice or presiding justice or judge for good cause shown. No judgment or relief, temporary or permanent, shall be granted or opinion issued until proof of service of the petition or brief on the Attorney General and district attorney is filed with the court. (Amended by Stats. 2024, Ch. 853, Sec. 4. (AB 3281) Effective January 1, 2025.)
17537.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
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This section makes it unlawful to use misleading “prize” or “gift” claims, including prize or gift offers that require payment or a purchase/rental condition in the specified circumstances.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17537. (a) It is unlawful for any person to use the term “prize” or “gift” or other similar term in any manner that would be untrue or misleading, including, but not limited to, the manner made unlawful in subdivision (b) or (c). (b) It is unlawful to notify any person by any means, as a part of an advertising plan or program, that he or she has won a prize and that as a condition of receiving such prize he or she must pay any money or purchase or rent any goods or services. (c) It is unlawful to notify any person by any means that he or she will receive a gift and that as a condition of receiving the gift he or she must pay any money, or purchase or lease (including rent) any goods or services, if any one or more of the following conditions exist: (1) The shipping charge, depending on the method of shipping used, exceeds (A) the average cost of postage or the average charge of a delivery service in the business of delivering goods of like size, weight, and kind for shippers other than the offeror of the gift for the geographic area in which the gift is being distributed, or (B) the exact amount for shipping paid to an independent fulfillment house or an independent supplier, either of which is in the business of shipping goods for shippers other than the offeror of the gift. (2) The handling charge (A) is not reasonable, or (B) exceeds the actual cost of handling, or (C) exceeds the greater of three dollars ($3) in any transaction or 80 percent of the actual cost of the gift item to the offeror or its agent, or (D) in the case of a general merchandise retailer, exceeds the actual amount for handling paid to an independent fulfillment house or supplier, either of which is in the business of handling goods for businesses other than the offeror of the gift. (3) Any goods or services which must be purchased or leased by the offeree of the gift in order to obtain the gift could have been purchased through the same marketing channel in which the gift was offered for a lower price without the gift items at or proximate to the time the gift was offered. (4) The majority of the gift offeror’s sales or leases within the preceding year, through the marketing channel in which the gift is offered or through in-person sales at retail outlets, of the type of goods or services which must be purchased or leased in order to obtain the gift item was made in conjunction with the offer of a gift. This paragraph does not apply to a gift offer made by a general merchandise retailer in conjunction with the sale or lease through mail order of goods or services (excluding catalog sales) if (A) the goods or services are of a type unlike any other type of goods or services sold or leased by the general merchandise retailer at any time during the period beginning six months before and continuing until six months after the gift offer, (B) the gift offer does not extend for a period of more than two months, and (C) the gift offer is not untrue or misleading in any manner. (5) The gift offeror represents that the offeree has been specially selected in any manner unless (A) the representation is true and (B) the offeree made a purchase from the gift offeror within the six-month period before the gift offer was made or has a credit card issued by, or a retail installment account with, the gift offeror. (d) The following definitions apply to this section: (1) “Marketing channel” means a method of retail distribution, including, but not limited to, catalog sales, mail order, telephone sales, and in-person sales at retail outlets. (2) “General merchandise retailer” means any person or entity regardless of the form of organization that has continuously offered for sale or lease more than 100 different types of goods or services to the public in California throughout a period exceeding five years. (e) Each violation of the provisions of this section is a misdemeanor punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both. (Amended by Stats. 1986, Ch. 812, Sec. 1. Effective September 15, 1986.)
17537.1.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
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This section limits incentive-based advertising unless the offer includes required written disclosures and truthful terms.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17537.1. (a) It is unlawful for any person, or an employee, agent, or independent contractor employed or authorized by that person, by any means, as part of an advertising plan or program, to offer any incentive as an inducement to the recipient to visit a location, attend a sales presentation, or contact a sales agent in person, by telephone, or by mail, unless the offer clearly and conspicuously discloses in writing, in readily understandable language, all of the information required in paragraphs (1) and (2). If the offer is not initially made in writing, the required disclosures shall be received by the recipient in writing prior to any scheduled visit to a location, sales presentation, or contact with a sales agent. For purposes of this section, the term “incentive” means any item or service of value, including, but not limited to, any prize, gift, money, or other tangible property. (1) The following disclosures shall appear on the front (or first) page of the offer: (A) The name and street address of the owner of the real or personal property or the provider of the services which are the subject of the visit, sales presentation, or contact with a sales agent. If the offer is made by an agent or independent contractor employed or authorized by the owner or provider, or is made under a name other than the true name of the owner or provider, the name of the owner or provider shall be more prominently and conspicuously displayed than the name of the agent, independent contractor, or other name. (B) A general description of the business of the owner or provider identified pursuant to subparagraph (A), and the purpose of any requested visit, sales presentation, or contact with a sales agent, which shall include a general description of the real or personal property or services which are the subject of the sales presentation and a clear statement, if applicable, that there will be a sales presentation and the approximate duration of the visit and sales presentation. (C) If the recipient is not assured of receiving any particular incentive, a statement of the odds of receiving each incentive offered or, in the alternative, a clear statement describing the location in the offer where the odds can be found. The odds shall be stated in whole Arabic numbers in a format such as: “1 chance in 100,000” or “1:100,000.” The odds and, where applicable, the alternative statement describing their location, shall be printed in a type size that is at least equal to that used for the standard text on the front (or first) page of the offer. (D) A clear statement, if applicable, that the offer is subject to specific restrictions, qualifications, and conditions and a statement describing the location in the offer where the restrictions, qualifications, and conditions may be found. Both statements shall be printed in a type size that is at least equal to that used for the standard text on the front (or first) page of the offer. (2) The following disclosures shall appear in the offer, but need not appear on the front (or first) page of the offer: (A) Unless the odds are disclosed on the front (or first) page of the offer, a statement of the odds of receiving each incentive offered, printed in the size and format set forth in subparagraph (C) of paragraph (1). (B) All restrictions, qualifications, and other conditions which must be satisfied before the recipient is entitled to receive the incentive, including, but not limited to: (i) Any deadline by which the recipient must visit the location, attend the sales presentation, or contact the sales agent in order to receive an incentive. (ii) Any other conditions, such as a minimum age qualification, a financial qualification, or a requirement that if the recipient is married or in a registered domestic partnership, both spouses must be present in order to receive the incentive. Any financial qualifications shall be stated with a specificity sufficient to enable the recipient to reasonably determine his or her eligibility. (C) A statement that the owner or provider identified pursuant to subparagraph (A) of paragraph (1) reserves the right to provide a raincheck, or a substitute or like incentive, if those rights are reserved. (D) A statement that a recipient who receives an offered incentive may request and will receive evidence showing that the incentive provided matches the incentive randomly or otherwise selected for distribution to that recipient. (E) All other rules, terms, and conditions of the offer, plan, or program. (b) It is unlawful for any person making an offer subject to subdivision (a), or any employee, agent, or independent contractor employed or authorized by that person, to offer any incentive when the person knows or has reason to know that the offered item will not be available in a sufficient quantity based upon the reasonably anticipated response to the offer. (c) It is unlawful for any person making an offer subject to subdivision (a), or any employee, agent, or independent contractor employed or authorized by that person, to fail to provide any offered incentive which any recipient who has responded to the offer in the manner specified therein, who has performed the requirements disclosed therein, and who has met the qualifications described therein, is entitled to receive, unless the offered incentive is not reasonably available and the offer discloses the reservation of a right to provide a raincheck, or a like or substitute incentive, if the offered incentive is unavailable. (d) If the person making an offer subject to subdivision (a) is unable to provide an offered incentive because of limitations of supply, quantity, or quality that were not reasonably foreseeable or controllable by the person making the offer, the person making the offer shall inform the recipient of the recipient’s right to receive a raincheck for the incentive offered, unless the person making the offer knows or has reasonable basis for knowing that the incentive will not be reasonably available and shall inform the recipient of the recipient’s right to at least one of the following additional options: (1) The person making the offer will provide a like incentive of equivalent or greater retail value or a raincheck therefor. (2) The person making the offer will provide a substitute incentive of equivalent or greater retail value. (3) The person making the offer will provide a raincheck for the like or substitute incentive. (e) If a raincheck is provided, the person making an offer subject to subdivision (a) shall, within a reasonable time, and in no event later than 80 days, deliver the agreed incentive to the recipient’s address without additional cost or obligation to the recipient, unless the incentive for which the raincheck is provided remains unavailable because of limitations of supply, quantity, or quality not reasonably foreseeable or controllable by the person making the offer. In that case, the person making the offer shall, not later than 30 days after the expiration of the 80 days, deliver a like incentive of equal or greater retail value or, if an incentive is not reasonably available to the person making the offer, a substitute incentive of equal or greater retail value. (f) Upon the request of a recipient who has received or claims a right to receive any offered incentive, the person making an offer subject to subdivision (a) shall furnish to the person sufficient evidence showing that the incentive provided matches the incentive randomly or otherwise selected for distribution to that recipient. (g) It is unlawful for any person making an offer subject to subdivision (a), or any employee, agent, or independent contractor employed or authorized by that person, to: (1) Use any printing styles, graphics, layouts, text, colors, or formats on envelopes or on the offer that imply, create an appearance, or would lead a reasonable person to believe, that the offer originates from or is issued by or on behalf of a government or public agency, public utility, public organization, insurance company, credit reporting agency, bill collecting company, or law firm, unless the same is true. (2) Misrepresent the size, quantity, identity, value, or qualities of any incentive. (3) Misrepresent in any manner the odds of receiving any particular incentive. (4) Represent directly or by implication that the number of participants has been significantly limited or that any person has been selected to receive a particular incentive unless that is the fact. (5) Label any offer a notice of termination or notice of cancellation. (6) Misrepresent, in any manner, the offer, plan, or program or the affiliation, connection, association, or contractual relationship between the person making the offer and the owner or provider, if they are not the same. (h) If the major incentives are awarded or given at random, by the assignment of a number to the incentives, that number shall be actually assigned by the party contractually responsible for doing so. The person making an offer subject to subdivision (a) hereof, or the agent, employee, or independent contractor employed or authorized by that person, if any, shall maintain, for a period of one year after the date the offer is made, the records that show that the winning numbers or opportunity to receive the major incentives have been deposited in the mail or otherwise made available to recipients in accordance with the odds statement provided pursuant to subparagraph (C) of paragraph (1) of subdivision (a) hereof. The records shall be made available to the Attorney General within 30 days after written request therefor. Postal receipt records, affidavits of mailing, or a list of winners or recipients of the major incentives shall be deemed to satisfy the requirements of this section. (Amended by Stats. 2016, Ch. 50, Sec. 2. (SB 1005) Effective January 1, 2017.)
17537.10.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
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Grant deed copy service sellers cannot make misleading statements and must give a specific government-disclaimer disclosure.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17537.10. (a) It is unlawful for any person, firm, corporation, association, or any other business entity to make any untrue or misleading statements in any manner in connection with the offering or performance of a grant deed copy service. For the purpose of this section, an “untrue or misleading statement” includes, but is not limited to, any representation, with regard to property identified by its address or assessor’s parcel number, that any of the following is true: (1) That due to property foreclosures and loan modifications in the county where the property is located, the property owner should obtain a copy of his or her grant deed or other record of title. (2) That a governmental entity, or any other entity that includes in its name words that could lead a person to reasonably believe that the entity is affiliated with government, has recommended that a property owner should have a copy of his or her grant deed or other record of title. (3) That the offeror of the grant deed copy service is, or is affiliated with, any governmental entity. A violation of this paragraph includes, but is not limited to, the following: (A) The misleading use of any governmental seal, emblem, or other similar symbol. (B) The use of a business name including the words “title” or “grant deed” or “public record” and the word “agency,” “bureau,” “department,” “division,” “federal,” “state,” “county,” “city,” or “municipal,” or the name of any city, county, city and county, or any governmental entity. (C) The use of an envelope that simulates an envelope containing a government check, tax bill, or government notice or an envelope that otherwise has the capacity to be confused with, or mistaken for, an envelope sent by a governmental entity. (D) The use of an envelope or outside cover or wrapper in which a solicitation is mailed that does not bear on its face in capital letters and in conspicuous and legible type the following notice: “THIS IS NOT A GOVERNMENT APPROVED OR AUTHORIZED DOCUMENT.” (4) That there is a fee payment deadline to obtain a copy of a property owner’s grant deed or other record of title. (b) (1) It is unlawful to offer to perform a grant deed copy service without making the following disclosure: “THIS SERVICE TO OBTAIN A COPY OF YOUR GRANT DEED OR OTHER RECORD OF TITLE IS NOT ASSOCIATED WITH ANY GOVERNMENTAL AGENCY. YOU CAN OBTAIN A COPY OF YOUR GRANT DEED OR OTHER RECORD OF TITLE FROM THE COUNTY RECORDER IN THE COUNTY WHERE YOUR PROPERTY IS LOCATED FOR [AMOUNT OF FEE FOR THE COPY OF A GRANT DEED OR OTHER RECORD OF TITLE IN THAT COUNTY].” (2) The disclosure specified in paragraph (1) shall be placed at the top of each page of every advertisement or promotional material disseminated by an offeror of a grant deed copy service and shall be printed in 14-point boldface type enclosed in a box formed by a heavy line. (3) The disclosure specified in paragraph (1) shall be recited at the beginning of every oral solicitation and every broadcast advertisement and shall be delivered in printed form as prescribed by paragraph (2) before the time each person who responds to the oral solicitation or broadcast advertisement is obligated to pay for the service. (c) For purposes of this section, “grant deed copy service” means a service offered by a person, firm, corporation, association, or any other business entity, through a mailed solicitation to a property owner, to obtain, for compensation, a copy of the property owner’s grant deed or other record of title. (Added by Stats. 2010, Ch. 533, Sec. 1. (AB 1373) Effective January 1, 2011.)
17537.11.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
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A person may not offer a coupon that is false or misleading, and may not call a coupon “free,” “gift,” or “prize” if the user must pay or buy something to use it and the seller’s recent sales are mostly tied to such coupons.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17537.11. (a) It is unlawful for any person to offer a coupon that is in any manner untrue or misleading. (b) It is unlawful for any person to offer a coupon described as “free” or as a “gift,” “prize,” or other similar term if (1) the recipient of the coupon is required to pay money or buy any goods or services to obtain or use the coupon, and (2) the person offering the coupon or anyone honoring the coupon made the majority of his or her sales in the preceding year in connection with one or more “free,” “gift,” “prize,” or similarly described coupons. (c) For purposes of this section: (1) “Coupon” includes any coupon, certificate, document, discount, or similar matter that purports to entitle the user of the coupon to obtain goods or services for free or for a special or reduced price. (2) “Sale” includes lease or rent. (Amended by Stats. 2000, Ch. 135, Sec. 10. Effective January 1, 2001.)
17537.12.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
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This section prohibits using false, deceptive, or misleading ties between a performing group and a recording group to advertise or conduct a live musical performance, unless a listed exception applies.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17537.12. (a) This section shall be known and may be cited as the Truth in Music Advertising Act. (b) As used in this section, the following terms have the following meanings unless the context clearly indicates otherwise: (1) “Performing group” means a vocal or instrumental group seeking to use the name of another group that has previously released a commercial sound recording under that name. (2) “Person” means the performing group or its promoter, manager, or agent. “Person” does not include the performance venue or its owners, managers, or operators, unless the performance venue owns or produces the performing group, or knew or should have known that the performing group does not have a legal right to perform. (3) “Recording group” means a vocal or instrumental group, at least one of whose members has previously released a commercial sound recording under that group’s name and in which the member or members have a legal right by virtue of use or operation under the group name without having abandoned the name or affiliation with the group. (4) “Sound recording” means a work that results from the fixation on a material object of a series of musical, spoken, or other sounds regardless of the nature of the material object, such as a disk, tape, or other phonorecord, in which the sounds are embodied. (c) No person shall advertise or conduct a live musical performance or production through the use of a false, deceptive, or misleading affiliation, connection, or association between a performing group and a recording group unless any of the following apply: (1) The performing group is the authorized registrant and owner of a federal service mark for the group registered in the United States Patent and Trademark Office. (2) At least one member of the performing group was previously a member of the recording group and has a legal right by virtue of use or operation under the group name without having abandoned the name or affiliation of the group. (3) The live musical performance or production is identified in all advertising and promotion as a salute or tribute, and the name of the vocal or instrumental group performing is not so closely related or similar to that used by the recording group that it would tend to confuse or mislead the public. (4) The advertising does not relate to a live musical performance or production taking place in this state. (5) The performance or production is expressly authorized by the recording group. (d) (1) Any person who violates any of the provisions of this section shall be subject to a civil penalty not to exceed two thousand five hundred dollars ($2,500) per violation, as provided in subdivision (a) of Section 17206. An action for a civil penalty shall be brought by a public prosecutor as provided in subdivision (a) of Section 17206 and shall be enforceable as a civil judgment. (2) Any person who violates any of the provisions of this section shall be subject to the equitable remedies described in Chapter 5 (commencing with Section 17200) of Part 2. (3) Nothing in this section shall preclude prosecution of a violation of this section under any other provision of law. (Amended by Stats. 2009, Ch. 140, Sec. 20. (AB 1164) Effective January 1, 2010.)
17537.15.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
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Providers or vendors of floral or ornamental products or services must not misrepresent their business location in ads or listings, and must show the true physical address when using certain phone numbers or business names.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17537.15. (a) For purposes of this section, “floral or ornamental products or services” means floral arrangements, cut flowers, floral bouquets, potted plants, balloons, floral designs, and related products and services. (b) For the purposes of this section, “local telephone number” means a specific telephone number (area code and prefix) assigned for the purpose of completing local calls between a calling party or station and any other party or station within a designated exchange or all of its designated local calling areas. The term “local telephone number” does not include long distance telephone numbers or any toll-free telephone numbers listed in a local telephone directory. (c) (1) It is an infraction for a provider or vendor of floral or ornamental products or services to misrepresent the geographic location of its business by doing either of the following: (A) Listing a local telephone number in any advertisement or listing, unless the advertisement or listing identifies the true physical address, including the city, of the provider’s or vendor’s business. (B) Listing a fictitious business name or an assumed business name in any advertisement or listing if both of the following criteria are met: (i) The name of the business misrepresents the provider’s or vendor’s geographic location. (ii) The advertisement or listing does not identify the true physical address, including the city and state, of the provider’s or vendor’s business. (2) Notwithstanding Sections 17534 and 17534.5, a violation of this section is punishable, exclusively, by a fine not to exceed two hundred fifty dollars ($250). (d) This section does not create or impose any duty or obligation on a person other than a vendor or provider described in subdivision (a). (e) This section does not apply to any of the following: (1) A publisher of a telephone directory or other publication or a provider of a directory assistance service publishing or providing information about another business. (2) An Internet Web site that aggregates and provides information about other businesses. (3) An owner or publisher of a print advertising medium providing information about other businesses. (4) An Internet service provider. (5) An Internet service that displays or distributes advertisements for other businesses. (Added by Stats. 2012, Ch. 633, Sec. 1. (AB 1581) Effective January 1, 2013.)
17537.2.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
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The section says certain incentive offers used in an advertising plan or program are deceptive and unfair trade practices, and it lists specific disclosures and limits for some offers.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17537.2. The following, when used as part of an advertising plan or program defined in Section 17537.1, are deceptive and constitute unfair trade practices: (a) When, in order to utilize the incentive, the recipient is requested to pay any money to any person or entity named or referred to in the offer, or to purchase, rent, or otherwise pay that person or entity for any product or service including a deposit, whether returnable or not, whether payment is for an item, a service, shipping, handling, insurance or payment for anything. Notwithstanding the preceding paragraph, when the offered incentive is a certificate or coupon redeemable for transportation, accommodations, recreation, vacation, entertainment, or like services, the offer may place a condition on the use of the incentive which requires the recipient to pay directly to the transportation company, the accommodation, recreation, vacation or entertainment facility, or similar direct provider of like services, a refundable deposit, not to exceed fifty dollars ($50), to reserve space availability or admission, only if the deposit shall be returned in United States dollars immediately upon the recipient’s arrival at the location of the provider to whom the recipient paid the deposit. If the incentive is such a certificate or coupon, and if government-imposed taxes directly related to the service being provided are not included in the incentive, the offer itself, in close proximity to the description of the incentive which is evidenced by the certificate or coupon, shall disclose those government-imposed taxes which will be the recipient’s responsibility and the approximate dollar amount of those taxes. A deposit from the recipient may be collected to cover the cost of those government-imposed taxes. (b) Stating or implying in the offer that the recipient is one of a selected group to receive a particular incentive or one or more of a group of incentives, without clearly and conspicuously disclosing in close proximity to the statement or implied statement of selection the total number of persons in that select group or the odds of receiving the incentive or incentives. Statements of selection which require such disclosure include such phrases as “you are a finalist,” “we are sending this to a limited number of people,” “either you or another named person has won the major prize,” “if you do not respond, your incentive will be given to someone else.” (c) Stating or implying in the offer that the recipient is likely to receive one or more of the offered incentives because other named people have already received other named incentives, unless the offer clearly and conspicuously discloses in close proximity to the statement the recipient’s odds of receiving the identified incentive. (d) When the solicitation states or implies that the recipient is likely to receive an incentive which has a normal retail price which is higher than that of another named incentive unless that statement is true. For purposes of this section, a list of incentives implies that the incentives are in descending or ascending order of value unless the solicitation clearly and conspicuously negates the implication in close proximity to the list. (e) Describing an incentive or incentives in an untrue or misleading manner. Untrue or misleading descriptions include those which imply that the incentive being offered is of greater fair market value or of a different kind or nature than a recipient would be led to believe from a reasonable reading of the offer, or which lists the recipient’s name in close proximity to a specific incentive unless the offer clearly and conspicuously discloses immediately next to or immediately under or above the recipient’s name the recipient’s odds of receiving the specific incentive. (f) Subdivision (a) shall not apply to an incentive constituting an opportunity to stay at a hotel or other resort accommodations at a discount from the standard rate for the hotel or resort accommodations, if all of the following conditions are met: (1) The fee to utilize the incentive and the requirement, if any, to attend a sales presentation are clearly and conspicuously disclosed in close proximity to the description of the offered incentive. (2) A statement appears in close proximity to the description of the offered incentive and in substantially the following form: The recipient is responsible for payment of any government-imposed taxes directly related to the service being provided and any personal expenses incurred when utilizing this offer. (3) The accommodations to be occupied by the recipient of the incentive are within a 20-mile radius of the property on which the accommodations offered for sale are located or, if not within that radius, the accommodations offered for sale are managed and operated by the same person as, an affiliate (as defined in Section 150 of the Corporations Code) of, or a franchisee (as defined in Section 20002) of, the manager and operator of the accommodations to be occupied, and the manager and operator of the accommodations offered for sale or the manager and operator of the accommodations to be occupied is an issuer or subsidiary of an issuer that has a security listed on a national securities exchange, and the exchange has been certified by rule or order of the Commissioner of Financial Protection and Innovation under subdivision (o) of Section 25100 of the Corporations Code. A subsidiary of an issuer that qualifies under this paragraph does not itself qualify under this paragraph unless not less than 60 percent of the voting power of its shares is owned by the qualifying issuer or issuers. (4) If the incentive is offered in conjunction with any additional incentive or incentives or as one or more of a group of incentives, the offer of that additional incentive or incentives shall comply with Section 17537.1 and the following: (A) The additional incentive or incentives are typically and customarily included in a vacation package and may include, but not be limited to, transportation, dining, entertainment, or recreation. (B) The fee and additional requirements, if any, to use the additional incentive or incentives are clearly and conspicuously disclosed in close proximity to the description of the offer of them. (Amended by Stats. 2022, Ch. 452, Sec. 16. (SB 1498) Effective January 1, 2023.)
17537.3.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
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The section prohibits several smokeless-tobacco advertising practices, including certain promotional offers, honoring requests without age checks, and distributing free or unsolicited samples in specified ways.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17537.3. The following acts are prohibited: (a) For any person to offer as part of an advertising plan or program, promotional offers of smokeless tobacco products which require proof of purchase of a smokeless tobacco product unless it carries a designation that the offer is not available to persons under 21 years of age. Each promotional offer shall include in any mail-in coupon a statement requesting purchasers to verify that the purchaser is 21 years of age or older. (b) For any person to honor mail-in and telephone requests for promotional offers of smokeless tobacco products unless appropriate efforts are made to ascertain that a purchaser is over 21 years of age. For purposes of this subdivision, appropriate efforts to ascertain the age of a purchaser includes, but is not limited to, requests for a purchaser’s birth date. (c) For any person by any means, as part of an advertising plan or program, to distribute free samples of smokeless tobacco products within a two-block radius of any premises or facilities whose primary purpose is directed toward persons under 21 years of age including, but not limited to, schools, clubhouses, and youth centers, when those premises are being used for their primary purposes. (d) For any person to distribute, as part of any advertising plan or program, unsolicited samples of smokeless tobacco products through a mail campaign. (Amended by Stats. 2016, 2nd Ex. Sess., Ch. 8, Sec. 1. (SB 7 2x) Effective June 9, 2016.)
17537.4.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
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A damaged recipient of a covered offer may sue for treble damages if certain related advertising provisions are violated.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17537.4. If the person making an offer subject to Section 17537 or to subdivision (a) of Section 17537.1, or any employee, agent, or independent contractor employed or authorized by that person, violates any provision of Section 17537, 17537.1, or 17537.2, the recipient of the offer who is damaged by the violation may bring a civil action against the person making the offer for, and may be awarded, treble damages. The court may award reasonable attorneys’ fees to the prevailing party. (Added by renumbering Section 17537.2 by Stats. 1990, Ch. 1529, Sec. 2.)
17537.5.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
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A person soliciting sales of energy conservation products or services, including online, must not make false affiliation claims, say the purchase is legally required, misstate the buyer’s payment obligation, or misstate tax consequences.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17537.5. (a) It is unlawful for any person soliciting a sale or order for energy conservation products or services, including over the Internet, to do any of the following: (1) Make false claims of affiliation or association with an electrical or gas corporation or municipally owned and operated electrical or gas utility or its energy conservation programs. (2) Falsely represent that the purchase of an energy conservation service or the purchase or installation of an energy conservation product is required by law. (3) Misrepresent the nature of the purchaser’s obligation for the purchase price of the energy conservation products or services. (4) Misrepresent the tax consequences of purchasing energy conservation products or services. (b) Any person, firm, corporation, partnership or association, and any employee or agent thereof who violates this section (1) in the course of solicitation of a sale or order at a residence; (2) by telephone; or (3) by any other method or at any other location, including over the Internet, shall be liable for the damages provided by subdivision (c) of Section 17500.3, in addition to all other penalties provided by law. (Amended by Stats. 1998, Ch. 599, Sec. 14. Effective January 1, 1999.)
17537.6.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
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A person offering homestead filing services must not make misleading statements, must give a specific disclosure, must send notarized homestead declarations to the county recorder within 10 days, must pay related notarization and recordation fees, cannot collect money before recording, and cannot charge more than $25 total.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17537.6. (a) It is unlawful for any person to make any untrue or misleading statements in any manner in connection with the offering or performance of a homestead filing service. For the purpose of this section, an “untrue or misleading statement” means and includes any representation that any of the following is true: (1) The preparation or recordation of a homestead declaration will in any manner prevent the forced sale of a judgment debtor’s dwelling. (2) The preparation or recordation of a homestead declaration will prevent the foreclosure of a mortgage, deed of trust, or mechanic’s lien. (3) Any of the provisions relating to the homestead exemption set forth in Article 4 (commencing with Section 704.710) of Chapter 4 of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure are available only to persons who prepare or record a homestead declaration. (4) A homestead declaration is in any way related to the obtaining of any applicable homeowner’s exemption to real property taxes. (5) The preparation or recordation of a homestead declaration is required by law in any manner. (6) The offeror of the homestead filing service has a file or record covering a person to whom a solicitation is made. (7) The offeror of the homestead filing service is, or is affiliated with, any charitable or public service entity unless the offeror is, or is affiliated with, a charitable organization which has qualified for a tax exemption under Section 501(c)(3) of the Internal Revenue Code. (8) The offeror of the homestead filing service is, or is affiliated with, any governmental entity. A violation of this paragraph includes, but is not limited to, the following: (A) The misleading use of any governmental seal, emblem, or other similar symbol. (B) The use of a business name including the word “homestead” and the word “agency,” “bureau,” “department,” “division,” “federal,” “state,” “county,” “city,” “municipal,” “California,” or “United States,” or the name of any city, county, city and county, or any governmental entity. (C) The use of an envelope that simulates an envelope containing a government check, tax bill, or government notice or an envelope which otherwise has the capacity to be confused with, or mistaken for, an envelope sent by a governmental entity. (b) (1) It is unlawful to offer to perform a homestead filing service without making the following disclosure: THIS HOMESTEAD FILING SERVICE IS NOT ASSOCIATED WITH ANY GOVERNMENT AGENCY. YOU DO NOT HAVE TO RECORD A HOMESTEAD DECLARATION. RECORDING A HOMESTEAD DECLARATION DOES NOT PROTECT YOUR HOME AGAINST FORCED SALE BY A CREDITOR. YOU MAY WISH TO CONSULT A LAWYER ABOUT THE BENEFITS OF RECORDING A HOMESTEAD DECLARATION. IF YOU WANT TO RECORD A HOMESTEAD, YOU CAN FILL OUT A HOMESTEAD DECLARATION FORM BY YOURSELF, HAVE YOUR SIGNATURE NOTARIZED, AND HAVE THE FORM RECORDED BY THE COUNTY RECORDER. (2) The disclosure specified in paragraph (1) shall be placed at the top of each page of every advertisement or promotional material disseminated by an offeror of a homestead filing service and shall be printed in 12-point boldface type enclosed in a box formed by a heavy line. (3) The disclosure specified in paragraph (1) shall be recited at the beginning of every oral solicitation and every broadcast advertisement and shall be delivered in printed form as prescribed by paragraph (2) before the time each person who responds to the oral solicitation or broadcast advertisement is obligated to pay for any service. (c) In addition to any other service, every offeror of a homestead filing service shall deliver each notarized homestead declaration to the appropriate county recorder for recordation as soon as needed or required by a homestead declarant, but no later than 10 days after the homestead declaration is notarized. The offeror of the homestead filing service shall pay all fees charged in connection with the notarization and recordation of the homestead declaration. (d) No offeror of a homestead filing service shall charge, demand, or collect any money until after the homestead declaration is recorded. The total amount charged, demanded, or collected by an offeror of a homestead filing service, including all fees for notarization and recordation, shall not exceed twenty-five dollars ($25). (e) For the purposes of this section, the following definitions apply: (1) “Homestead filing service” means any service performed or offered to be performed for compensation in connection with the preparation or completion of a homestead declaration or in connection with the assistance in any manner of another person to prepare or complete a homestead declaration. “Homestead filing service” does not include any service performed by an attorney at law authorized to practice in this state for a client who has retained that attorney or an employee of that attorney acting under the attorney’s direction and supervision. (2) A “homestead declaration” has the meaning described in Article 5 (commencing with Section 704.910) of Chapter 4 of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure. (Added by Stats. 1987, Ch. 974, Sec. 1.)
17537.7.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
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A person may not use certain price terms in vehicle advertisements, or advertise vehicle prices relative to invoice or dealer cost, except for specified Vehicle Code communications.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17537.7. Except as to communications described in paragraph (2) of subdivision (n) of Section 11713.1 of the Vehicle Code, it is unlawful for any person to use the terms “invoice,” “dealer invoice,” “wholesale price,” or similar terms that refer to a dealer’s cost for a motor vehicle in an advertisement for the sale or lease of a vehicle, or advertise that the selling price of a vehicle is above, below, or at either of the following: (a) The manufacturer’s or distributor’s invoice or selling price to a dealer. (b) A dealer’s cost. (Added by Stats. 1995, Ch. 585, Sec. 1. Effective January 1, 1996.)
17537.8.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
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Businesses offering homeowners’ exemption filing services must not make misleading statements, must give a specified disclosure, and cannot collect money before filing is completed or charge more than $25.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17537.8. (a) It is unlawful for any person to make any untrue or misleading statements in any manner in connection with the offering or performance of a homeowners’ exemption filing service. For the purpose of this section, an “untrue or misleading statement” includes, but is not limited to, any representation that any of the following is true: (1) A fee is required in order to receive the homeowners’ exemption. (2) The offeror of the homeowners’ exemption filing service has a file or record covering a person to whom a solicitation is made. (3) The offeror of the homeowners’ exemption filing service is, or is affiliated with, any governmental entity. A violation of this paragraph includes, but is not limited to, the following: (A) The misleading use of any governmental seal, emblem, or other similar symbol. (B) The use of a business name including the word “homeowners’ exemption” or “exemption” and the word “assessor,” “auditor,” “agency,” “bureau,” “department,” “division,” “federal,” “state,” “county,” “city,” or “municipal,” or the name of any city, county, city and county, or any governmental entity. (C) The use of an envelope that simulates an envelope containing a government check, tax bill, or government notice or an envelope that otherwise has the capacity to be confused with, or mistaken for, an envelope sent by a governmental entity. (D) The use of an envelope or outside cover or wrapper in which a solicitation is mailed that does not bear on its face in capital letters and in conspicuous and legible type the following notice: “THIS IS NOT A GOVERNMENT DOCUMENT.” (b) (1) It is unlawful to offer to perform a homeowners’ exemption filing service without making the following disclosure: “THIS HOMEOWNERS’ EXEMPTION FILING SERVICE IS NOT ASSOCIATED WITH ANY GOVERNMENT AGENCY. YOU CAN OBTAIN AND FILE A HOMEOWNERS’ EXEMPTION CLAIM FORM, AT NO COST, WITH THE COUNTY ASSESSOR’S OFFICE.” (2) The disclosures specified in paragraph (1) shall be placed at the top of each page of every advertisement or promotional material disseminated by an offeror of a homeowners’ exemption filing service and shall be printed in 12-point boldface type enclosed in a box formed by a heavy line. (3) The disclosure specified in paragraph (1) shall be recited at the beginning of every oral solicitation and every broadcast advertisement and shall be delivered in printed form as prescribed by paragraph (2) before the time each person who responds to the oral solicitation or broadcast advertisement is obligated to pay for the service. (c) No offeror of a homeowners’ exemption filing service shall charge, demand, or collect any money until after the homeowners’ exemption is filed with the county assessor. The total amount charged, demanded, or collected by an offeror of a homeowners’ exemption filing service shall not exceed twenty-five dollars ($25). (d) For the purposes of this section, the following definitions apply: (1) “Homeowners’ exemption filing service” means any service performed or offered to be performed for compensation in connection with the preparation or completion of a homeowners’ exemption claim or in connection with the assistance in any manner of another person to prepare or complete a homeowners’ exemption claim. (2) “Homeowners’ exemption” has the meaning described in Section 218 of the Revenue and Taxation Code. (Added by Stats. 1997, Ch. 249, Sec. 2. Effective January 1, 1998.)
17537.9.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
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People offering assessment reduction filing services must give the required disclosure, use it in ads and solicitations, wait to collect money until after filing, and obtain written authorization before filing.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17537.9. (a) It is unlawful for any person to make any untrue or misleading statements in any manner in connection with the offering or performance of an assessment reduction filing service. For the purposes of this section, an “untrue or misleading statement” includes, but is not limited to, any representation that any of the following is true: (1) The preparation of a request for review or an assessment appeal application will result in a guaranteed reduction of property taxes. (2) A fee is required in order for the county to process a reduction of a property’s assessed value where the county has no applicable fee. (3) The offeror of the assessment reduction filing service will be physically present to represent the person to whom a solicitation is made before county assessor staff, an assessment appeals board, county board of equalization, or an assessment hearing officer, unless the fee includes this service. (4) The offeror of the assessment reduction filing service will prepare or complete informal assessor review data or prepare or complete the application in full, with the exception of the property owner’s signature, on behalf of the person to whom a solicitation is made, unless the fee includes this service. (5) The offeror of the assessment reduction filing service has a file or record covering a person to whom a solicitation is made. (6) The offeror of the assessment reduction filing service is, or is affiliated with, any governmental entity. A violation of this paragraph includes, but is not limited to, the following: (A) The misleading use of any governmental seal, emblem, or other similar symbol. (B) The use of a business name including the word “appeal” or “tax” and the word “agency,” “assessor,” “board,” “bureau,” “commission,” “department,” “division,” “federal,” “state,” “county,” “city,” or “municipal,” or the name of any city, county, city and county, or any governmental entity. (C) The use of an envelope that simulates an envelope containing a government check, tax bill, or government notice or an envelope that otherwise has the capacity to be confused with, or mistaken for, an envelope sent by a governmental entity. (D) The use of an envelope or outside cover or wrapper in which a solicitation is mailed that does not bear on its face in capital letters and in conspicuous and legible type the following notice: “THIS IS NOT A GOVERNMENT DOCUMENT.” (7) A late fee is required if the person to whom the solicitation is sent fails to respond to the offeror of the assessment reduction filing service by a date stated in the solicitation. (b) (1) It is unlawful to offer to perform an assessment reduction filing service without making the following disclosure: “THIS ASSESSMENT REDUCTION FILING SERVICE IS NOT ASSOCIATED WITH ANY GOVERNMENT AGENCY. IF YOU DISAGREE WITH THE ASSESSED VALUE OF YOUR PROPERTY, YOU HAVE THE RIGHT TO AN INFORMAL ASSESSMENT REVIEW, AT NO COST, BY CONTACTING THE ASSESSOR’S OFFICE DIRECTLY. IF YOU AND THE ASSESSOR CANNOT AGREE TO THE VALUE OF THE PROPERTY OR IF YOU DO NOT WISH TO CONTACT THE ASSESSOR YOU CAN OBTAIN AND FILE AN APPLICATION FOR CHANGED ASSESSMENT WITH THE COUNTY BOARD OF EQUALIZATION OR ASSESSMENT APPEALS BOARD ON YOUR OWN BEHALF. AN APPEALS BOARD HAS THE AUTHORITY TO RAISE PROPERTY VALUES (BUT IN NO CASE HIGHER THAN THE PROPOSITION 13 PROTECTED VALUE) AS WELL AS TO LOWER PROPERTY VALUES.” (2) The disclosures specified in paragraph (1) shall be placed at the top of each page of every advertisement or promotional material disseminated by an offeror of an assessment reduction filing service and shall be printed in not less than 12-point boldface font type that is at least 2-point boldface font type sizes larger than the next largest print on the page and enclosed in a box formed by a heavy line. (3) The disclosure specified in paragraph (1) shall be recited at the beginning of every oral solicitation and every broadcast advertisement and shall be delivered in printed form as prescribed by paragraph (2) before the time each person who responds to the oral solicitation or broadcast advertisement is obligated to pay for the service. (c) (1) No offeror of an assessment reduction filing service shall charge, demand, or collect any money in connection with a request for review until after the request is filed with the assessor. (2) No offeror of an assessment reduction filing service shall charge, demand, or collect any money in connection with an assessment appeal application until after the application is filed with the clerk of the assessment appeals board. (d) For the purposes of this section, the following definitions apply: (1) “Assessment reduction filing service” means any service performed or offered to be performed for compensation in connection with the preparation or completion of an application or request of any kind for reduction in assessment of residential property or in connection with the assistance in any manner of another person to either (A) prepare or complete an application or request of any kind for reduction in assessment of residential property or (B) provide comparable sales information in connection with an application or request for reduction in assessment of residential property. (2) “Assessment appeal application” has the meaning described in Section 1603 of the Revenue and Taxation Code. (e) (1) It is unlawful for an offeror of an assessment reduction filing service to file a request or application of any kind for reduction in assessment without first obtaining a written authorization from the property owner. (2) A true and correct copy of the written authorization shall be submitted with any request or application for reduction in assessment. The offeror shall maintain the original written authorization for a period of three years and shall make it available for inspection and copying within 24 hours of a request without a warrant to law enforcement, the Attorney General, district attorney, or city attorney. (Amended by Stats. 2011, Ch. 269, Sec. 2. (AB 75) Effective January 1, 2012.)
17538.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
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Vendors who sell or lease goods or services by mail, phone, internet, or similar electronic methods must timely deliver, refund, or give the required notice and substitute options, and internet sellers must disclose return policy, business name, and address before taking payment.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17538. (a) It is unlawful in the sale or lease or offering for sale or lease of goods or services, for any person conducting sales or leases by telephone, the Internet or other electronic means of communication, mail order, or catalog in this state, including, but not limited to, the offering for sale or lease on television, radio, or the Internet, or by any other electronic means of communication or telecommunications device, of goods or services that may be ordered by mail, telephone, the Internet, or other electronic means of communication or telecommunications device, or for any person advertising in connection with those sales, leases, or advertisements a mailing address, telephone number, or Internet or other electronic address, to accept payment from or for a buyer, for the purchase or lease of goods or services ordered by mail, telephone, the Internet, or other electronic means of communication or telecommunications device, whether payment to the vendor is made directly, through the mail, by means of a transfer of funds from an account of the buyer or any other person, or by any other means, and then permit 30 days, unless otherwise conspicuously stated in the offering or advertisement, or unless a shorter time is clearly communicated by the person conducting the sale or lease, to elapse without doing any one of the following things: (1) Shipping, mailing, or providing the goods or services ordered. (2) Mailing a full refund or, if payment was made by means of a transfer from an account, (A) crediting the account in the full amount of the debit, or (B) if a third party is the creditor, issuing a credit memorandum to the third party, who shall promptly credit the account in the full amount of the debit. (3) Sending the buyer a letter or other written notice (A) advising the buyer of the duration of an expected delay expressed as a specific number of days or weeks, or proposing the substitution of goods or services of equivalent or superior quality, and (B) offering to make a full refund, in accordance with paragraph (2), within one week if the buyer so requests. The vendor shall provide to the buyer in that letter or written notice a toll-free telephone number or other cost-free method to communicate the buyer’s request for a full refund. If the vendor proposes to substitute goods or services, the vendor shall describe the substitute goods or services in detail, indicating fully how the substitute differs from the goods or services ordered. (4) (A) Shipping, mailing, or providing substitute goods or services of equivalent or superior quality, if the buyer is extended the opportunity to return the substitute goods or services and the vendor promises to refund to the buyer (i) the cost of returning the substitute goods or services and (ii) any portion of the purchase price previously paid by the buyer. (B) Except as provided in subparagraph (C), a notice to the buyer shall accompany the mailing, shipping, or providing of the substitute goods or services that informs the buyer of the substitution; describes fully how the substitute differs from the goods or services ordered, except that obvious nontechnical differences, such as color, need not be described; and discloses the buyer’s right to reject the substitute goods or services and obtain a full refund of the amount paid, plus the cost of returning the substitute goods or services. (C) The vendor may omit from the notice required by subparagraph (B) a description of how the substitute goods or services differ from the ordered goods or services if the notice otherwise complies with subparagraph (B), and if all the following requirements are complied with: (i) The vendor maintains at least 100 retail outlets located in at least 20 counties in this state that are open to the public regularly during normal business hours where buyers can order catalog goods, pick them up, and return them for refunds. (ii) The vendor maintains a toll-free telephone number and provides to each buyer, at the time of the buyer’s call, a full description of how substitute goods or services differ from ordered goods or services. The toll-free telephone number shall operate and be staffed at all times during which goods or services normally are available for pick up from the vendor’s retail outlets. (iii) If the buyer picks up substitute goods or services from the vendor’s retail outlet, the notice required by subparagraph (B) as modified by this subparagraph is placed on, or attached to, the exterior of the package or wrapping containing the substitute, or is handed to the buyer at the time the buyer picks up the substitute. (iv) The notice contains a reference number or some other means of identifying the ordered goods or services and the substitute goods or services. (v) The notice contains the vendor’s toll-free telephone number and instructions to the buyer that the buyer may call that number to obtain a full description of how the substitute differs from the ordered goods. (b) For purposes of paragraphs (3) and (4) of subdivision (a), goods or services shall be considered of “equivalent or superior quality” only if they are (1) substantially similar to the goods or services ordered, (2) fit for the usual purposes for which the goods or services ordered are used, and (3) normally offered by the vendor at a price equal to or greater than the price of the goods or services ordered. (c) When a buyer makes an initial application for an open-end credit plan, as defined in the Federal Consumer Credit Protection Act (15 U.S.C. Sec. 1602), at the same time the goods or services are ordered, and the goods or services are to be purchased on credit, the person conducting the business shall have 50 days, rather than 30 days, to perform the actions specified in this section. (d) A vendor conducting business through the Internet or any other electronic means of communication shall do all of the following when the transaction involves a buyer located in this state: (1) Before accepting any payment or processing any debit or credit charge or funds transfer, the vendor shall disclose to the buyer in writing or by electronic means of communication, such as e-mail or an on-screen notice, the vendor’s return and refund policy, the legal name under which the business is conducted and, except as provided in paragraph (3), the complete street address from which the business is actually conducted. (2) If the disclosure of the vendor’s legal name and address information required by this subdivision is made by on-screen notice, all of the following shall apply: (A) The disclosure of the legal name and address information shall appear on any of the following: (i) the first screen displayed when the vendor’s electronic site is accessed, (ii) on the screen on which goods or services are first offered, (iii) on the screen on which a buyer may place the order for goods or services, (iv) on the screen on which the buyer may enter payment information, such as a credit card account number, or (v) for nonbrowser-based technologies, in a manner that gives the user a reasonable opportunity to review that information. The communication of that disclosure shall not be structured to be smaller or less legible than the text of the offer of the goods or services. (B) The disclosure of the legal name and address information shall be accompanied by an adjacent statement describing how the buyer may receive the information at the buyer’s e-mail address. The vendor shall provide the disclosure information to the buyer at the buyer’s e-mail address within five days of receiving the buyer’s request. (C) Until the vendor complies with subdivision (a) in connection with all buyers of the vendor’s goods or services, the vendor shall make available to a buyer and any person or entity who may enforce this section pursuant to Section 17535 on-screen access to the information required to be disclosed under this subdivision. (3) The complete street address need not be disclosed as required by paragraph (1) if the vendor utilizes a private mailbox receiving service and all of the following conditions are met: (A) the vendor satisfies the conditions described in paragraph (2) of subdivision (b) of Section 17538.5, (B) the vendor discloses the actual street address of the private mailbox receiving service in the manner prescribed by this subdivision for the disclosure of the vendor’s actual street address, and (C) the vendor and the private mailbox receiving service comply with all of the requirements of subdivisions (c) to (f), inclusive, of Section 17538.5. (e) If a buyer is permitted to return goods or cancel a service that he or she purchased or contracted for on or after January 1, 2003, the vendor shall, within 30 days of return of the goods in refundable condition or cancellation of the service and of receipt of sufficient information to enable the vendor to make the refund, including confirmation that the buyer’s payment for the purchase or contract has been paid or cleared by the applicable financial institution, process and send to the buyer any refund due to the buyer as a result of the return or cancellation, or, if the buyer’s payment was made by means of a third-party creditor, the vendor shall issue a credit memorandum to the third party, pursuant to 12 C.F.R. 226.12(e), within seven business days and the third party shall promptly credit the account in the full amount of the refund. (f) As used in this section and Section 17538.3, the following words have the following meanings: (1) “Goods” means tangible chattels, including certificates or coupons exchangeable for those goods, and including goods which, at the time of the sale or subsequently, are to be so affixed to real property as to become a part of that real property, whether or not severable therefrom. (2) “Person” means an individual, partnership, corporation, association, or other group, however organized. (3) “Buyer” means a person who seeks or acquires, by purchase or lease, any goods or services for any purpose. (4) “Services” means work, labor, and services, including services furnished in connection with the sale or repair of goods. (5) “Vendor” means a person who, as described in subdivision (a), vends, sells, leases, supplies, or ships goods or services, who conducts sales or leases of goods or services, or who offers goods or services for sale or lease. “Vendor” does not include a person responding to an electronic agent in connection with providing goods or services to a buyer if the aggregate amount of all transactions with the buyer does not exceed ten dollars ($10). (6) “Internet” means the global information system that is logically linked together by a globally unique address space based on the Internet Protocol (IP), or its subsequent extensions, and that is able to support communications using the Transmission Control Protocol/Internet Protocol (TCP/IP) suite, or its subsequent extensions, or other IP-compatible protocols, and that provides, uses, or makes accessible, either publicly or privately, high level services layered on the communications and related infrastructure described in this paragraph. (7) “Electronic agent” means a computer program designed, selected, or programmed to initiate or respond to electronic messages or performances without review by an individual. (g) Any violation of the provisions of this section is a misdemeanor punishable by imprisonment in the county jail not exceeding six months, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. (Amended by Stats. 2002, Ch. 326, Sec. 1. Effective January 1, 2003.)
17538.3.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
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Section 17538 generally does not apply in several listed situations, including certain delayed-advertising notices, future-available goods or services, serial delivery installments, some telecommunications goods and services, some financial services, and delivery delays caused by the Postal Service, an act of God, or a labor strike.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17538.3. The provisions of Section 17538 do not apply to any of the following, except that subdivisions (d) and (e) of Section 17538 shall apply to subdivisions (a), (b), (c), and (d) of this section: (a) To instances in which all advertising for goods or services contains a notice as to each item or service offered, which, in the case of printed advertising, shall be in a type size at least as large as that indicating the price, that a delay may be expected of a specified period. In those cases, one of the events described in Section 17538 must occur no later than the expiration of the period specified in the advertisement. (b) To goods or services, such as quarterly magazines, which by their nature are not ready for use or consumption until a future date and for that reason cannot be stocked at the time of order. (c) To installments other than the first of goods, such as magazine subscriptions, ordered for serial delivery. (d) To any telecommunications goods and services sold by a telecommunications company, except those telecommunications goods and services purchased for use primarily for personal, family, or household purposes. (e) To financial services offered in the ordinary course of business by a supervised bank, national banking association, bank holding company, a state or federal savings and loan association, a state or federal credit union, or a subsidiary or affiliate thereof, or an authorized industrial loan company, a licensed personal property broker, a licensed consumer finance lender, a licensed commercial finance lender, or a person licensed pursuant to Division 4 (commencing with Section 10000). (f) To any delay in delivery of goods or services caused by the United States Postal Service, an act of God, or a labor strike by the vendor’s employees. (Amended by Stats. 2002, Ch. 326, Sec. 2. Effective January 1, 2003.)
17538.35.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
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Email service providers must give customers at least 30 days’ notice before permanently ending an email address, unless law or contract allows otherwise.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17538.35. (a) Unless otherwise permitted by law or contract, any provider of electronic mail service shall provide each customer with notice at least 30 days before permanently terminating the customer’s electronic mail address. (b) No contract for electronic mail service may permit termination of service without cause with less than a 30-day notice. For purposes of this subdivision, “termination of service without cause” means termination of service at the unfettered discretion of the service provider without regard to any conduct of the customer that violates the service provider’s terms of service or acceptable use policy. (c) For purposes of this section, “provider” shall mean the entity that controls the customer’s electronic mail address, and not the entity making the underlying network or access available to the provider or the customer. (d) No provider shall be liable under this section solely for a failure to comply with this section in the event a customer’s electronic mail address is permanently terminated due to the action or inaction of an entity making the underlying network or access available to the provider or the customer. (e) This section supersedes and preempts all rules, regulations, codes, statutes, or ordinances of all cities, counties, cities and counties, municipalities, and other local agencies regarding notice of electronic mail termination by providers of electronic mail service. (f) This section shall become inoperative on the date that a federal law or regulation is enacted that regulates notice requirements in the event of termination of electronic mail service. (Added by Stats. 2002, Ch. 783, Sec. 1. Effective January 1, 2003. Conditionally inoperative as provided in subd. (f).)
17538.41.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
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This section generally prohibits sending text message advertisements to certain mobile devices in California, subject to listed exceptions.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17538.41. (a) (1) Except as provided in subdivision (b), (c), (d), or (e), no person, entity conducting business, candidate, or political committee in this state shall transmit, or cause to be transmitted, a text message advertisement to a mobile telephony services handset, pager, or two-way messaging device that is equipped with short message capability or any similar capability allowing the transmission of text messages. A text message advertisement is a message, the principal purpose of which is to promote the sale of goods or services, or to promote a political purpose or objective, to the recipient, and consisting of advertising material for the lease, sale, rental, gift offer, or other disposition of any realty, goods, services, or extension of credit, or advertising material for political purposes. (2) This section shall apply when a text message advertisement is transmitted to a number assigned for mobile telephony service, pager service, or two-way messaging service to a California resident. (b) This section shall not apply to text messages transmitted at the direction of a person or entity offering mobile telephony service, pager service, or two-way messaging service if the subscriber is offered an option to not receive those text messages. (c) This section shall not apply to text messages transmitted by a business, candidate, or political committee that has an existing relationship with the subscriber if the subscriber is offered an option not to receive text messages from that business, candidate, or political committee. (d) This section shall not apply to text messages transmitted by an affiliate of a business that has an existing relationship with the subscriber, but only if the subscriber has provided consent to the business with which he or she has that relationship to receive text messages from affiliates of that business. “Affiliate” means any company that controls, is controlled by, or is under common control with, another company. (e) This section shall not apply to electronic mail messages that are forwarded, without the knowledge of the sender, to a mobile telephony services handset, pager, or two-way messaging device. (f) Subdivision (a) shall not impose an obligation on a person or entity offering mobile telephony service, pager service, or two-way messaging service to control the transmission of a text message unless the message is transmitted at the direction of that person or entity. (g) For purposes of this section, “mobile telephony service” means commercially available interconnected mobile phone services that provide access to the public switched telephone network (PSTN) via mobile communication devices employing radiowave technology to transmit calls, including cellular radiotelephone, broadband Personal Communications Services (PCS), and digital Specialized Mobile Radio (SMR). (Amended by Stats. 2005, Ch. 711, Sec. 1. Effective January 1, 2006.)
17538.43.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
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This section bans sending unsolicited fax advertisements in California and requires sender identification on fax transmissions; it also allows damages and injunctive relief for violations.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17538.43. (a) As used in this section, the following terms have the following meanings: (1) “Telephone facsimile machine” means equipment that has the capacity to do either or both of the following: (A) Transcribe text or images, or both, from paper into an electronic signal and to transmit that signal over a regular telephone line. (B) Transcribe text or images, or both, from an electronic signal received over a regular telephone line onto paper. (2) “Unsolicited advertisement” means any material advertising the commercial availability or quality of any property, goods, or services that is transmitted to any person or entity without that person’s or entity’s prior express invitation or permission. Prior express invitation or permission may be obtained for a specific or unlimited number of advertisements and may be obtained for a specific or unlimited period of time. (b) (1) It is unlawful for a person or entity, if either the person or entity or the recipient is located within California, to use any telephone facsimile machine, computer, or other device to send, or cause another person or entity to use such a device to send, an unsolicited advertisement to a telephone facsimile machine. (2) In addition to any other remedy provided by law, including a remedy provided by the Telephone Consumer Act (47 U.S.C. Sec. 227 and following), a person or entity may bring an action for a violation of this subdivision seeking the following relief: (A) Injunctive relief against further violations. (B) Actual damages or statutory damages of five hundred dollars ($500) per violation, whichever amount is greater. (C) Both injunctive relief and damages as set forth in subparagraphs (A) and (B). If the court finds that the defendant willfully or knowingly violated this subdivision, the court may, in its discretion, increase the amount of the award to an amount equal to not more than three times the amount otherwise available under subparagraph (B). (c) It is unlawful for a person or entity, if either the person or entity or the recipient is located in California, to do either of the following: (1) Initiate any communication using a telephone facsimile machine that does not clearly mark, in a margin at the top or bottom of each transmitted page or on the first page of each transmission, the date and time sent, an identification of the business, other entity, or individual sending the message, and the telephone number of the sending machine or of the business, other entity, or individual. (2) Use a computer or other electronic device to send any message via a telephone facsimile machine unless it is clearly marked, in a margin at the top or bottom of each transmitted page of the message or on the first page of the transmission, the date and time it is sent and the identification of the business, other entity, or individual sending the message and the telephone number of the sending machine or of the business, other entity, or individual. (d) This section shall not apply to a facsimile sent by or on behalf of a professional or trade association that is a tax-exempt nonprofit organization and in furtherance of the association’s tax-exempt purpose to a member of the association, provided that all of the following conditions are met: (1) The member voluntarily provided the association the facsimile number to which the facsimile was sent. (2) The facsimile is not primarily for the purpose of advertising the commercial availability or quality of any property, goods, or services of one or more third parties. (3) The member who is sent the facsimile has not requested that the association stop sending facsimiles for the purpose of advertising the commercial availability or quality of any property, goods, or services of one or more third parties. (Added by Stats. 2005, Ch. 667, Sec. 1. Effective January 1, 2006.)
17538.45.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
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The section bans certain uses of an email service provider’s equipment to send unsolicited email advertisements and lets a provider sue for damages if its policy is violated.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17538.45. (a) For purposes of this section, the following words have the following meanings: (1) “Electronic mail advertisement” means any electronic mail message, the principal purpose of which is to promote, directly or indirectly, the sale or other distribution of goods or services to the recipient. (2) “Unsolicited electronic mail advertisement” means any electronic mail advertisement that meets both of the following requirements: (A) It is addressed to a recipient with whom the initiator does not have an existing business or personal relationship. (B) It is not sent at the request of or with the express consent of the recipient. (3) “Electronic mail service provider” means any business or organization qualified to do business in California that provides registered users the ability to send or receive electronic mail through equipment located in this state and that is an intermediary in sending or receiving electronic mail. (4) “Initiation” of an unsolicited electronic mail advertisement refers to the action by the initial sender of the electronic mail advertisement. It does not refer to the actions of any intervening electronic mail service provider that may handle or retransmit the electronic message. (5) “Registered user” means any individual, corporation, or other entity that maintains an electronic mail address with an electronic mail service provider. (b) No registered user of an electronic mail service provider shall use or cause to be used that electronic mail service provider’s equipment located in this state in violation of that electronic mail service provider’s policy prohibiting or restricting the use of its service or equipment for the initiation of unsolicited electronic mail advertisements. (c) No individual, corporation, or other entity shall use or cause to be used, by initiating an unsolicited electronic mail advertisement, an electronic mail service provider’s equipment located in this state in violation of that electronic mail service provider’s policy prohibiting or restricting the use of its equipment to deliver unsolicited electronic mail advertisements to its registered users. (d) An electronic mail service provider shall not be required to create a policy prohibiting or restricting the use of its equipment for the initiation or delivery of unsolicited electronic mail advertisements. (e) Nothing in this section shall be construed to limit or restrict the rights of an electronic mail service provider under Section 230(c)(1) of Title 47 of the United States Code, any decision of an electronic mail service provider to permit or to restrict access to or use of its system, or any exercise of its editorial function. (f) (1) In addition to any other action available under law, any electronic mail service provider whose policy on unsolicited electronic mail advertisements is violated as provided in this section may bring a civil action to recover the actual monetary loss suffered by that provider by reason of that violation, or liquidated damages of fifty dollars ($50) for each electronic mail message initiated or delivered in violation of this section, up to a maximum of twenty-five thousand dollars ($25,000) per day, whichever amount is greater. (2) In any action brought pursuant to paragraph (1), the court may award reasonable attorney’s fees to a prevailing party. (3) (A) In any action brought pursuant to paragraph (1), the electronic mail service provider shall be required to establish as an element of its cause of action that prior to the alleged violation, the defendant had actual notice of both of the following: (i) The electronic mail service provider’s policy on unsolicited electronic mail advertising. (ii) The fact that the defendant’s unsolicited electronic mail advertisements would use or cause to be used the electronic mail service provider’s equipment located in this state. (B) In this regard, the Legislature finds that with rapid advances in Internet technology, and electronic mail technology in particular, Internet service providers are already experimenting with embedding policy statements directly into the software running on the computers used to provide electronic mail services in a manner that displays the policy statements every time an electronic mail delivery is requested. While the state of the technology does not support this finding at present, the Legislature believes that, in a given case at some future date, a showing that notice was supplied via electronic means between the sending and receiving computers could be held to constitute actual notice to the sender for purposes of this paragraph. (4) (A) An electronic mail service provider who has brought an action against a party for a violation under Section 17529.8 shall not bring an action against that party under this section for the same unsolicited commercial electronic mail advertisement. (B) An electronic mail service provider who has brought an action against a party for a violation of this section shall not bring an action against that party under Section 17529.8 for the same unsolicited commercial electronic mail advertisement. (Amended by Stats. 2004, Ch. 183, Sec. 15. Effective January 1, 2005.)
17538.5.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
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Businesses using certain mail or answering-service addresses must disclose their legal name and actual street address in ads, and CMRAs and mailbox customers have several identification, recordkeeping, and service-of-process duties.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17538.5. (a) It is unlawful in the sale or offering for sale of consumer goods or services for any person conducting, any business in this state which utilizes a post office box address, a private mailbox receiving service, or a street address representing a site used for the receipt or delivery of mail or as a telephone answering service, to fail to disclose the legal name under which business is done and, except as provided in paragraph (2) of subdivision (b), the complete street address from which business is actually conducted in all advertising and promotional materials, including order blanks and forms. Any violation of the provisions of this section is a misdemeanor punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both. (b) (1) This section shall not apply to a person who sells the preponderance of goods and services at retail from trade premises which are open to the public regularly during normal business hours where the post office box or telephone answering service is supportive of and ancillary to the sales made or to any person who provides services pursuant to a license issued pursuant to this code or any other provision of law by a state board or agency or, except for a person conducting a mail order or catalog business, by a city or county or city and county in this state, which has the person’s current business street address or home address on record and which is authorized to reveal that address to inquiring persons. (2) If a person conducts a business described in subdivision (a) from that person’s residence, the person is not required to disclose the residence address if both of the following conditions are satisfied: (A) The person’s current business street address or home address is contained in a United States Postal Service (USPS) Form 1583 that is filed with the USPS. (B) The person has signed an acknowledgement form substantially in accordance with the provisions set forth in subdivision (f) which, among other things, authorizes the commercial mail receiving agency to act as that person’s agent for service of process. (c) A commercial mail receiving agency (CMRA) shall not provide private mailbox receiving service to any customer until it obtains from that customer at least two pieces of identification regarding that customer and provides to that customer an acknowledgment, as set forth in subdivision (f), which (1) acknowledges the obligation to advise the CMRA of any change in address, (2) authorizes the CMRA to act as an agent for service of process, and (3) acknowledges the requirements of Sections 17200 and 17500, which prohibit unfair competition and false advertising. The commercial mail receiving agency shall thereafter maintain a copy of any United States Postal Service Form 1583 for each mailbox service customer, along with a copy of each of the two pieces of identification used by the customer, for a period of two years after the termination of service to that customer. Upon the request of the Department of Consumer Affairs or any law enforcement agency conducting an investigation, the commercial mail receiving agency shall make available to the Department of Consumer Affairs or that law enforcement agency, for purposes of that investigation and copying, its copy of the United States Postal Service Form 1583 and the two pieces of identification used by the customer. (d) (1) Every person receiving private mailbox receiving service from a CMRA in this state shall be required to sign an agreement, along with a USPS Form 1583, which authorizes the CMRA owner or operator to act as agent for service of process for the mail receiving service customer. Every CMRA owner or operator shall be required to accept service of process for and on behalf of any of their mail receiving service customers, and for two years after termination of any mail receiving service customer agreement. Upon receipt of any process for any mailbox service customer, the CMRA owner or operator shall (A) within 48 hours after receipt of any process, place a copy of the documents or a notice that the documents were received into the customer’s mailbox or other place where the customer usually receives his or her mail, unless the mail receiving service for the customer was previously terminated, and (B) within five days after receipt, send all documents by first-class mail, to the last known home or personal address of the mail receiving service customer. The CMRA shall obtain a certificate of mailing in connection with the mailing of the documents. Service of process upon the mail receiving service customer shall then be deemed perfected 10 days after the date of mailing. If the CMRA owner or operator has complied with the foregoing requirements and provides to any party participating in a lawsuit involving a mail receiving service customer a declaration of service by mail, given under penalty of perjury along with a certificate of mailing, the CMRA owner or operator shall have no further liability in connection with acting as agent for service of process for its mail receiving service customer. (2) Upon complaint or inquiry concerning any CMRA mail receiving service customer, the CMRA owner or operator shall inform the person making the complaint or inquiry that the CMRA is an authorized agent for service of process on the mail receiving service customer. (3) Upon presentation of a certified copy of a judgment, the CMRA shall disclose to the judgment creditor the last known address of any of its mail receiving service customers against whom the judgment was obtained. (e) An owner or operator of a CMRA who, acting in good faith, contacts a governmental agency concerning suspected illegal or fraudulent activities carried out by a mail receiving service customer shall have no liability for claims filed by the customer arising out of that contact. No owner or operator of a commercial mail receiving agency that maintains on file a copy of the United States Postal Service Form 1583 for its private mailbox receiving service customers and complies with subdivision (c) shall be liable for any illegal acts of any mail receiving service customer based only on the fact that the owner or operator of the CMRA provided mail receiving services to the customer. (f) The following acknowledgement and notice, substantially in the form set forth below, shall be delivered to each person obtaining private mailbox receiving service at a CMRA: ## “ACKNOWLEDGEMENT BY PRIVATE MAILBOX SERVICE CUSTOMERS This acknowledgement is required by Section 17538.5 of the Business and Professions Code. Any person obtaining private mailbox receiving service in the State of California must read and acknowledge receipt of the following statement, which is to be kept on file at this CMRA and will be made available, upon demand, to the Department of Consumer Affairs or any law enforcement agency conducting an investigation. By requesting and obtaining use of a private mailbox receiving service in the State of California, I acknowledge that: 1. I am obligated to disclose my actual home address or place of residence on a USPS Form 1583 or other form as may later be developed and I further agree that I will provide prompt written notice to this CMRA of any subsequent change in my home address or place of residence. 2. By signing below, I irrevocably authorize this CMRA to act as my agent for service of process to receive any legal documents that may be served upon me. This authorization shall continue from the date of this agreement until two years after my mail receiving service has been terminated. I understand that this CMRA will (A) place a copy of the documents or a notice that the documents were received into my mailbox or other place where I usually receive my mail, unless my mail receiving service has been terminated, and (B) send all documents by first-class mail to the home or other address last known to the CMRA. 3. I further acknowledge that I understand that use of a private mailbox receiving service for commercial purposes in the State of California requires the user to comply with all applicable laws, including Section 17538.5 of the Business and Professions Code and laws prohibiting unfair competition and false advertising as set forth in Sections 17200 and 17500 of the Business and Professions Code. Violation of these laws may result in criminal or civil penalties or both. I understand that the United States Postal Service Form 1583 that must be prepared for each private mailbox receiving service customer shall be delivered to the local United States Post Office and a copy of the form must be retained by this CMRA and made available upon demand to the Department of Consumer Affairs or any law enforcement agency conducting an investigation. I hereby agree to accept and abide by the foregoing requirements. Date Signature _____ Name Printed _____ Street Address _____ CityStateZip” _____ (Amended by Stats. 1994, Ch. 684, Sec. 2. Effective January 1, 1995.)
17538.6.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
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A business in this state generally may not require or request a consumer to issue a postdated check unless the consumer gets specific written notice and acknowledgment, or the notice is printed on the invoice.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17538.6. (a) It is unlawful for any person conducting business in this state to require or request a consumer to issue a postdated check unless (1) the person accepting the check advises the consumer in writing that the check may be cashed immediately, notwithstanding the postdating, unless the consumer files a postdating order with the consumer’s bank pursuant to Section 4401 of the Commercial Code, and (2) either of the following occurs: (A) Receipt of the advice is acknowledged by the consumer in writing. (B) The advice is clearly printed on an invoice for goods or services that is provided to the consumer at the same time that the check is solicited. (b) This section shall not apply to any person who requires or requests a consumer to issue a postdated check if the recipient of the check does not submit the check for collection or cause it to be submitted for collection until on or after its date. (c) As used in this section: (1) “Bank” means any person engaged in the business of banking and includes, in addition to a commercial bank, a savings and loan association, savings bank, or credit union. (2) “Check” means a draft, other than a documentary draft, payable on demand drawn on a bank, even though it is described by another term, such as “share draft” or “negotiable order of withdrawal.” (Added by Stats. 1992, Ch. 914, Sec. 1. Effective January 1, 1993.)
17538.7.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
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A seller may not advertise payment terms for certain open-end consumer credit purchases unless required disclosures are made clearly and conspicuously.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17538.7. (a) It is unlawful for a seller to advertise any payment, number of payments, or period of repayment for any goods, property, or services purchased through an extension of consumer credit under an open-end credit plan accepted for purchases by more than one seller unless the seller clearly and conspicuously discloses all of the following: (1) The cash price and the amount or percentage of a downpayment, if any. (2) The monthly or other periodic payment, the number of payments or the period of repayment, the total amount of all payments, and whether the monthly or other periodic payment is calculated on the assumption that the purchaser has no outstanding balance due under the open-end credit plan, if that is the case. (3) The amount of the finance charge and any periodic rate that may be applied expressed as an annual percentage rate as described under subdivision (e). If the open-end credit plan provides for a variable periodic rate, that fact shall be disclosed. (4) Any minimum, fixed, transaction, activity, or similar charge and any membership or participation fee that could be imposed. (5) The name of the creditor, if not the seller. (6) Whether the advertised terms are available to the purchaser only after the creditor’s approval, if that is the case. (b) (1) A catalog or other multiple-page advertisement that gives information in a table or schedule in sufficient detail to permit determination of the disclosures required by subdivision (a) shall be considered a single advertisement if (A) the table or schedule is clearly and conspicuously set forth, and (B) any statement of the amount of any payment, the number of payments, or the period of repayment appearing anywhere else in the catalog or advertisement clearly refers to the page on which the table or schedule begins. (2) A catalog or multiple-page advertisement complies with subdivision (a) if the table or schedule includes all appropriate disclosures for a representative scale of amounts up to the level of the more commonly sold higher-priced property or services offered. (c) It is unlawful for a seller to advertise any payment, number of payments, or period of repayment for particular goods, property, or services purchased through an extension of consumer credit under any open-end credit plan unless the seller clearly and conspicuously discloses the cash price proximate to the advertised payment, number of payments, or period of repayment. (d) It is unlawful for a seller to advertise terms that actually are not or will not be arranged or offered by the creditor. (e) (1) For the purposes of this title, the terms “person,” “creditor,” “consumer credit,” “open-end credit,” “cash price,” “downpayment,” “finance charge,” “periodic rate,” and “annual percentage rate” have the same meaning as used in Regulation Z. (2) The term “Regulation Z” shall mean any rule, regulation, or interpretation promulgated by the Board of Governors of the Federal Reserve System under the Federal Truth in Lending Act, (Public Law 90-321, as amended), and any interpretation or approval issued by an official or employee of the Federal Reserve System duly authorized by the board under the Truth in Lending Act, to issue those interpretations or approvals. (Added by Stats. 1985, Ch. 734, Sec. 1.)
17538.8.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
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Advertisements offering certain free or discounted transportation or accommodations must display the total price for the required combined purchase.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17538.8. Any advertisement that offers free or discounted transportation or certificates to obtain transportation and that requires the consumer to purchase accommodations through or from a particular source, or any advertisement that offers free or discounted accommodations or certificates to obtain accommodations and that requires the consumer to purchase transportation through or from a particular source, shall set forth in close proximity to each reference to free or discounted transportation or accommodations, in a size and prominence no less than the largest print in the reference, the total price that shall be paid by the consumer for the combination of transportation and accommodations. If the advertisement is oral, the total price shall immediately precede or follow each description of the free or discounted transportation or accommodations. (Added by Stats. 1994, Ch. 1123, Sec. 1.5. Effective January 1, 1995.)
17538.9.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
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This section requires prepaid calling card and prepaid calling service sellers to disclose pricing and fees, print key information on the card or packaging, maintain customer service access, and give refunds when the service fails.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17538.9. (a) For the purposes of this section: (1) “Ancillary charges” means all surcharges, taxes, fees, connection charges, maintenance fees, monthly or other periodic fees, per-call access fees, or other assessments or charges of any kind, however denominated, that may be imposed in connection with the use of a card or services, other than the per unit or per minute rate charged. (2) “Cellular telephone services” means facilities-based, commercial mobile telephone services. (3) “Company” refers to any entity providing prepaid calling services to the public using its own or a resold telecommunications network. (4) “Distributor” means any person who offers or sells a card or services to a retail vendor or to any other person for ultimate resale to a retail vendor. (5) “Prepaid calling card” or “card” means any object containing an access number and authorization code that enables a consumer to use prepaid calling services. It does not include any object of that type used for promotional purposes. (6) “Prepaid calling services” or “services” refers to any prepaid telecommunications service that allows consumers to originate calls through an access number and authorization code, whether manually or electronically dialed. (7) “Retail vendor” means any person who sells a card or service to a consumer for use in making telephone calls. (b) The following standards and requirements for consumer disclosure and services shall apply to the advertising and sale of prepaid calling cards and prepaid calling services: (1) Any advertisement of the price, rate, or unit value in connection with the sale of prepaid calling cards or services shall clearly and conspicuously disclose all of the following: (A) Any geographic limitation to the advertised price, rate, or unit value. (B) All ancillary charges and the conditions under which each applies. This disclosure shall be made prominently near the beginning of the advertisement. In a written advertisement this disclosure shall appear in table form in a box with the bold label, “Other Charges.” The amount of each ancillary charge shall be identified in one column and the conditions under which each applies shall be stated on the same line in the column immediately to the right of the charge. (2) The following information shall be legibly printed on the card: (A) The name of the company. (B) A toll-free customer service number. (C) A toll-free network access number, if required to access service. (D) The authorization code, if required to access service. (E) The expiration date or policy, if applicable, except where paragraph (11) applies. (3) The company shall print legibly on the card or packaging, so that it may be read without having to open any packaging, and the retail vendor shall make available clearly and conspicuously in a prominent area immediately proximate to the point of sale of the prepaid calling card or prepaid calling services the following information, which shall be current at the time of printing and for as long as it is displayed: (A) The value of the card and all ancillary charges. (B) Ancillary charges for international calls to each country for which the card may be used or, in lieu of disclosing ancillary charges for each country, the highest ancillary charges for any international calls applicable on that card and any additional or different prices, rates, or unit values applicable to international usage of the prepaid calling card or prepaid calling services. (C) The minimum charge per call, such as a three-minute minimum charge, if any. (D) The definition of the term “unit,” if applicable. (E) The billing decrement. (F) The name of the company. (G) The recharge policy, if any. (H) The refund policy, if any. (I) The expiration policy, if any. (J) The 24-hour customer service toll-free telephone number required in paragraph (9). (4) Before a customer has recharged a card or service, no company shall provide fewer minutes than those stated, charge more than the rate stated, or charge more for ancillary services than stated on the card or packaging, or in an advertisement available to the public at the time the card or service is purchased. (5) Service may be recharged by the customer at a rate higher than the rate at initial purchase or last recharge. However, the customer shall be informed of any increased rates or charges prior to the customer agreeing to pay for the recharge. (6) If a language other than English is used on the card or packaging to provide dialing instructions to place a call or to contact customer service, the information required by paragraph (3) shall also be disclosed in that language in the point of sale disclosure in the manner described in paragraph (3). (7) If a language other than English is used in the advertising or promotion of the card or prepaid calling services or is used on the card or packaging other than for dialing instructions, the information required by paragraph (3) shall also be disclosed in that language on the card or packaging and in the point of sale disclosure in the manner described in paragraph (3). (8) A company shall provide a voice prompt, immediately after a caller enters a personal identification number and destination number, that states the number of minutes for that call if the entire remaining value of the card or service were consumed in one continuous call to the dialed destination, substantially in the following form: “You have [insert number] minutes if used up in this call.” (9) A company shall establish and maintain a toll-free customer service telephone number that shall meet the following requirements: (A) A live operator shall answer incoming calls to the telephone number 24 hours a day, seven days a week. (B) The telephone number shall have sufficient capacity and staffing to accommodate a reasonably anticipated number of calls without incurring a busy signal or undue wait. The company shall provide customer service in each language used on a prepaid calling card or its packaging and in the advertising or promotion of the prepaid calling card or prepaid calling services. (C) The telephone number shall allow consumers to lodge complaints and obtain information on all of the following: (i) All rates and ancillary charges. (ii) The company’s recharge, refund, and expiration policies. (iii) The balance of use available in the consumer’s account, if applicable. (D) A company shall not impose any ancillary charge related to obtaining customer service, including any charge related to connecting with the customer service number or waiting to speak to a live operator. A company offering prepaid cellular telephone services shall be deemed to be in compliance with the requirements of this paragraph if, when a request for information is made outside of normal business hours, that company provides the information requested on the next business day. (10) A company that issues prepaid calling cards or prepaid calling services shall provide a refund to any purchaser of a prepaid calling card or prepaid calling services if the network services associated with that card or services fail to operate in a commercially reasonable manner. The refund shall be in an amount not less than the value remaining on the card or in the form of a replacement card, and shall be provided to the consumer within 30 days from the date of receipt of notification from the consumer that the card has failed to operate in a commercially reasonable manner. (11) Cards without a specific expiration date or policy printed on the card, and with a balance of service remaining, shall be considered active for a minimum of one year from the date of purchase, or if recharged, from the date of the last recharge. (12) In the case of prepaid calling cards or services utilized at a pay telephone, the company may provide voice prompt notification of any ancillary charges related to pay telephone usage, in lieu of providing notice of those ancillary charges as required by paragraph (1) and by subparagraph (A) of paragraph (3), provided that the company provides users of prepaid calling cards or services with reasonable time to terminate the call after notification of the ancillary charges related to pay telephone usage without incurring any charge for the call. (13) A company shall maintain access numbers with sufficient capacity to accommodate a reasonably anticipated number of calls without incurring a busy signal or undue delay. (14) A company may not impose any ancillary charges that are not disclosed as required by this section or that exceed the amount disclosed by the company. (15) A company may not impose any charges if the consumer is not connected to the number called. For the purpose of this paragraph, the customer shall not be considered connected to the number called if the customer receives a busy signal or the call is unanswered. (16) The value of the card and the amount of any ancillary charges, that are required to be disclosed by paragraph (3), shall be expressed in the same format. If the value of a card is expressed in minutes, the minutes shall be identified as domestic or international and the identification shall be printed on the same line or next line as the value of the card in minutes. (17) No person shall offer or sell any prepaid calling card or prepaid calling services that do not contain the information required to be disclosed on the card or packaging as provided in paragraph (3). (18) A distributor that sells directly to a retail vendor shall provide the retail vendor with the current information required by paragraph (3) in a form that may be displayed by the retail vendor as provided in paragraph (3). (Amended by Stats. 2008, Ch. 739, Sec. 1. Effective January 1, 2009.)
17539.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
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The Legislature states that contests involving money or valuable consideration need fuller disclosure about their rules and operation.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17539. The Legislature finds that there is a compelling need for more complete disclosure of rules and operation of contests in which money or other valuable consideration may be solicited; that current methods of disclosure are inadequate and create misunderstandings as to the true requirements for participation and winning of prizes offered; that certain problems which have arisen are peculiar to contests; that the provisions of Sections 17539.1 through 17539.3 are necessary to the public welfare and that the terms hereof shall be interpreted so as to provide maximum disclosure to and fair treatment of persons who may or do enter such contests. (Added by Stats. 1974, Ch. 1152.)
17539.1.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
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A person operating a contest or sweepstakes must not engage in listed unfair practices, including required disclosures, misrepresentations, using simulated gambling methods, and certain promotional uses of names or simulated value items.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17539.1. (a) The following unfair acts or practices undertaken by, or omissions of, any person in the operation of any contest or sweepstakes are prohibited: (1) Failing to clearly and conspicuously disclose, at the time of the initial contest solicitation, at the time of each precontest promotional solicitation and each time the payment of money is required to become or to remain a contestant, the total number of contestants anticipated based on prior experience and the percentages of contestants correctly solving each puzzle used in the three most recently completed contests conducted by the person. If the person has not operated or promoted three contests he or she shall disclose for each prior contest if any, the information required by this section. (2) Failing to promptly send to each member of the public upon his or her request, the actual number and percentage of contestants correctly solving each puzzle or game in the contest most recently completed. (3) Misrepresenting in any manner the odds of winning any prize. (4) Misrepresenting in any manner, the rules, terms, or conditions of participation in a contest. (5) Failing to clearly and conspicuously disclose with all contest puzzles and games and with all promotional puzzles and games all of the following: (A) The maximum number of puzzles or games that may be necessary to complete the contest and determine winners. (B) The maximum amount of money, including the maximum cost of any postage and handling fees, that a participant may be asked to pay to win each of the contest prizes then offered. (C) That future puzzles or games, if any, or tie breakers, if any, will be significantly more difficult than the initial puzzle. (D) The date or dates on or before which the contest will terminate and upon which all prizes will be awarded. (E) The method of determining prizewinners if a tie remains after the last tie breaker puzzle is completed. (F) All rules, regulations, terms, and conditions of the contest. (6) Failing to clearly and conspicuously disclose the exact nature and approximate value of the prizes when offered. (7) Failing to award and distribute all prizes of the value and type represented. (8) Representing directly or by implication that the number of participants has been significantly limited, or that any particular person has been selected to win a prize unless such is the fact. (9) Representing directly or by implication that any particular person has won any money, prize, thing, or other value in a contest unless there has been a real contest in which a meaningful percentage, which shall be at least a majority, of the participants in such contests have failed to win a prize, money, thing, or other value. (10) Representing directly or by implication that any particular person has won any money, prize, thing, or other value without disclosing the exact nature and approximate value thereof. (11) Using the word “lucky” to describe any number, ticket, coupon, symbol, or other entry, or representing in any other manner directly or by implication that any number, ticket, coupon, symbol, or other entry confers or will confer an advantage upon the recipient that other recipients will not have, that the recipient is more likely to win a prize than are others, or that the number, ticket, coupon, symbol, or other entry has some value that other entries do not have. (12) Using or offering for use any method, including an internet website or an online application, intended to be used by a person interacting with an electronic video monitor, mobile phone, computer terminal, or other similar internet access device, to simulate gambling, which, for purposes of this section, includes, but is not limited to, slot machines; video poker; table games, including, but not limited to, blackjack, roulette, craps, and poker; lottery games as defined in Section 319 of the Penal Code; bingo; sports wagering, or any game that mimics or simulates similar gambling and that (A) directly or indirectly implements the predetermination of sweepstakes cash, cash-equivalent prizes, or other prizes of value; (B) otherwise connects a sweepstakes player or participant with sweepstakes cash, cash-equivalent prizes, or other prizes of value; or (C) utilizes a dual-currency system of payment that allows a person to play or participate in a simulated gambling program for direct or indirect consideration, including consideration associated with a related product, service, or activity, and for which the person playing the simulated gambling program may become eligible for a prize or award, cash or cash equivalents, or a chance to win a prize or award, or cash or cash equivalents; in a business establishment, on the internet, or using an online application. For the purposes of this paragraph, “business establishment” means a business that has any financial interest in the conduct of the sweepstakes or the sale of the products or services being promoted by the sweepstakes at its physical location. This paragraph does not make unlawful game promotions or sweepstakes conducted by for-profit commercial entities on a limited and occasional basis as an advertising and marketing tool that are incidental to substantial bona fide sales of consumer products or services and that are not intended to provide a vehicle for the establishment of ongoing gambling or gaming. This paragraph does not make a game that does not award cash prizes or cash equivalents unlawful. (13) Failing to obtain the express written or oral consent of individuals before their names are used for a promotional purpose in connection with a mailing to a third person. (14) Using or distributing simulated checks, currency, or any simulated item of value unless there is clearly and conspicuously printed thereon the words: SPECIMEN—NONNEGOTIABLE. (15) Representing, directly or by implication, orally or in writing, that any tie breaker puzzle may be entered upon the payment of money qualifying the contestant for an extra cash or any other type prize or prizes unless: (A) It is clearly and conspicuously disclosed that the payments are optional and that contestants are not required to pay money, except for reasonable postage and handling fees, to play for an extra cash or any other type of prize or prizes; and (B) Contestants are clearly and conspicuously given the opportunity to indicate they wish to enter such phase of the contest for free, except for reasonable postage and handling fees the amount of which shall not exceed one dollar and fifty cents ($1.50) plus the actual cost of postage and which shall be clearly and conspicuously disclosed at the time of the initial contest solicitation and each time thereafter that the payment of such fees is required. The contestants’ opportunity to indicate they wish to enter for free shall be in immediate conjunction with and in a like manner as the contestants’ opportunity to indicate they wish to play for an extra prize. (b) For the purposes of this section, the following definitions apply: (1) “Direct consideration” means a coin, token, or other representation of value that may be purchased by a player or received through a bonus or promotion and that is used for playing or participating in a sweepstakes game. (2) “Indirect consideration” means a coin, token, or other representation of value that may be exchanged for a prize, award, cash, or cash equivalents or a chance to win a prize, award, cash, or cash equivalents. Indirect consideration is provided for free through a promotion, bonus, or with the purchase of a related product, service, or activity. As used in this paragraph, “related product, service, or activity” includes a coin, token, or other representation of value that may be used for direct consideration. (3) “Sweepstakes” means a procedure, activity, or event, for the distribution, donation, or sale of anything of value by lot, chance, predetermined selection, or random selection that is not unlawful under other provisions of law, including, but not limited to, Chapter 9 (commencing with Section 319) and Chapter 10 (commencing with Section 330) of Title 9 of Part 1 of the Penal Code. (c) This section does not apply to an advertising plan or program that is regulated by, and complies with, the requirements of Section 17537.1. (d) Nothing in this section shall be deemed to render lawful any activity that is unlawful pursuant to other law, including, but not limited to, Section 320, 321, 322, 330, 330a, 330b, 330.1, 337a, or 337j of the Penal Code. (e) Nothing in this section shall be deemed to render unlawful or restrict otherwise lawful games and methods used by a gambling enterprise licensed under the Gambling Control Act or operations of the California State Lottery. (Amended by Stats. 2025, Ch. 623, Sec. 2. (AB 831) Effective January 1, 2026.)
17539.15.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
Verify source ↗

Sweepstakes solicitation materials must not make false prize-winning or approval claims, and they must include the no-purchase-or-payment-necessary message and a copy of the official rules.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17539.15. (a) Solicitation materials containing sweepstakes entry materials or solicitation materials selling information regarding sweepstakes shall not represent, taking into account the context in which the representation is made, including, without limitation, emphasis, print, size, color, location, and presentation of the representation and any qualifying language, that a person is a winner or has already won a prize or any particular prize unless that person has in fact won a prize or any particular prize. If the representation is made on or visible through the mailing envelope containing the sweepstakes materials, the context in which the representation is to be considered, including any qualifying language, shall be limited to what appears on, appears from, or is visible through, the mailing envelope. (b) Solicitation materials containing sweepstakes entry materials or solicitation materials selling information regarding sweepstakes shall include a clear and conspicuous statement of the no-purchase-or-payment-necessary message, in readily understandable terms, in the official rules included in those solicitation materials and, if the official rules do not appear thereon, on the entry-order device included in those solicitation materials. The no-purchase-or-payment-necessary message included in the official rules shall be set out in a separate paragraph in the official rules and be printed in capital letters in contrasting typeface not smaller than the largest typeface used in the text of the official rules. (c) Sweepstakes entries not accompanied by an order for products or services shall not be subjected to any disability or disadvantage in the winner selection process to which an entry accompanied by an order for products or services would not be subject. (d) Solicitation materials containing sweepstakes entry materials or solicitation materials selling information regarding sweepstakes shall not represent that an entry in the promotional sweepstakes accompanied by an order for products or services will be eligible to receive additional prizes or be more likely to win than an entry not accompanied by an order for products or services or that an entry not accompanied by an order for products or services will have a reduced chance of winning a prize in the promotional sweepstakes. (e) Solicitation materials containing sweepstakes entry materials or solicitation materials selling information regarding sweepstakes shall not represent that a person has been specially selected in connection with a sweepstakes unless it is true. (f) Solicitation materials containing sweepstakes entry materials or solicitation materials selling information regarding sweepstakes shall not represent that the person receiving the solicitation has received any special treatment or personal attention from the sweepstakes sponsor or any officer, employee, or agent of the sweepstakes sponsor unless the representation of special treatment or personal attention is true. (g) Solicitation materials containing sweepstakes entry materials or solicitation materials selling information regarding sweepstakes shall not represent that a person is being notified a second or final time of the opportunity to receive or compete for a prize, unless that representation is true. (h) Solicitation materials containing sweepstakes entry materials or solicitation materials selling information regarding sweepstakes shall not represent that a prize notice is urgent or otherwise convey an impression of urgency by use of description, phrasing on a mailing envelope, or similar method, unless there is a limited time period in which the recipient must take some action to claim, or be eligible to receive, a prize, and the date by which that action is required is clearly and conspicuously disclosed in the body of the solicitation materials. (i) Solicitation materials containing sweepstakes entry materials or solicitation materials selling information regarding sweepstakes shall not do either of the following: (1) Simulate or falsely represent that it is a document authorized, issued, or approved by any court, official, or agency of the United States or any state, or by any lawyer, law firm, or insurance or brokerage company. (2) Create a false impression as to its source, authorization, or approval. (j) The official rules for a sweepstakes shall disclose information about the date or dates the final winner or winners will be determined. (k) For purposes of this section: (1) “No-purchase-or-payment-necessary message” means the following statement or a statement substantially similar to the following statement: “No purchase or payment of any kind is necessary to enter or win this sweepstakes.” (2) “Official rules” means the formal printed statement, however designated, of the rules for the promotional sweepstakes appearing in the solicitation materials. The official rules shall be prominently identified and all references thereto in any solicitation materials shall consistently use the designation for the official rules that appears in those materials. Each sweepstakes solicitation shall contain a copy of the official rules. (3) “Specially selected” means a representation that a person is a winner, a finalist, in first place or tied for first place, or otherwise among a limited group of persons with an enhanced likelihood of receiving a prize. (l) (1) A sweepstakes sponsor may not charge a fee as a condition of receiving a monetary distribution or obtaining information about a prize or sweepstakes. (2) (A) For the purposes of this section, “sweepstakes sponsor” means either of the following: (i) A person or entity that operates or administers a sweepstakes as defined in paragraph (12) of subdivision (a) of Section 17539.5. (ii) A person or entity that offers, by means of a notice, a prize to another person in conjunction with any real or purported sweepstakes that requires or allows, or creates the impression of requiring or allowing, the person to purchase any goods or services, or pay any money, as a condition of receiving, or in conjunction with allowing the person to receive, use, or obtain a prize or information about a prize. (B) A person or entity that merely furnishes a prize in connection with a sweepstakes that is operated or administered by another person or entity shall not be deemed to be a sweepstakes sponsor. (Amended by Stats. 2008, Ch. 749, Sec. 1. Effective January 1, 2009.)
17539.2.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
Verify source ↗

Anyone who runs a contest must disclose the entry deadline, refund eligible contestants on written request, provide requested winner and solution information at the end of the contest, and keep specified contest records for at least two years after prizes are awarded.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17539.2. Every person who conducts any contest shall: (a) Clearly and conspicuously disclose on each entry blank the deadline for submission of that entry. (b) Refund all money or other consideration to contestants requesting such refund in writing within one year of payment and who are unable to participate in any aspect of any contest through no fault of the contestant. (c) At the conclusion of the contest send to all entrants upon their request the names of all winners, the prize or prizes won by each, the correct solution to each puzzle and the winning solutions to each puzzle (if different from the correct solution). (d) Maintain for no less than two years after all prizes are awarded all the following: (1) Copies of all contest solicitations and puzzles. (2) All puzzles and correspondence sent by a contestant or copies or records disclosing details thereof and records of replies thereto. (3) Adequate records which disclose the names and addresses of all contestants, the approximate date each contestant was sent each puzzle or game, the number of prizes awarded, the method of selecting winners, the names and addresses of the winners, and facts upon which all representations or disclosures made in connection with the contest are based and from which the validity of the representations or disclosures can be determined. (Added by Stats. 1974, Ch. 1152.)
17539.3.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
Verify source ↗

This section creates exceptions to contest-advertising rules and defines “contest” for these sections.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17539.3. (a) Sections 17539.1 and 17539.2 do not apply to a game conducted to promote the sale of an employer’s product or service by his or her employees, when those employees are the sole eligible participants. (b) As used in Sections 17539.1 and 17539.2, “person” includes a firm, corporation, or association, but does not include any charitable trust, corporation, or other organization exempted from taxation under Section 23701d of the Revenue and Taxation Code or Section 501(c) of the Internal Revenue Code. (c) Nothing in Sections 17539 to 17539.2, inclusive, shall be construed to permit any contest or any series of contests or any act or omission in connection therewith that is prohibited by any other provision of law. (d) Nothing in Section 17539.1 or 17539.2 shall be construed to hold any newspaper publisher or radio or television broadcaster liable for publishing or broadcasting any advertisement relating to a contest, unless that publisher or broadcaster is the person conducting or holding that contest. (e) As used in Sections 17539 to 17539.2, inclusive, “contest” includes any game, contest, puzzle, scheme, or plan that holds out or offers to prospective participants the opportunity to receive or compete for gifts, prizes, or gratuities as determined by skill or any combination of chance and skill and that is, or in whole or in part may be, conditioned upon the payment of consideration. (f) Sections 17539 to 17539.2, inclusive, do not apply to the mailing or otherwise sending of an application for admission, or a notification or token evidencing the right of admission, to a contest, performance, sporting event, or tournament of skill, speed, power, or endurance between, or the operation of the contest, performance, sporting event, or tournament by, participants physically present at that contest, performance, sporting event, or tournament. (Amended by Stats. 2006, Ch. 538, Sec. 25. Effective January 1, 2007.)
17539.35.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
Verify source ↗

No person may advertise, offer, or operate a contest if winning a prize depends on reaching a minimum number of entries or participants.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17539.35. No person shall advertise, offer, or operate any contest, as defined in subdivision (e) of Section 17539.3, in which any prize, including any money, property, service, or other matter of value, may be awarded or transferred if the opportunity to win that prize is conditioned on a minimum number of entries or contest participants. (Added by Stats. 1994, Ch. 1074, Sec. 1. Effective January 1, 1995.)
17539.4.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
Verify source ↗

Advertisements for loans secured by real property must include a required disclosure, unless an express exemption applies.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17539.4. No person shall place an advertisement disseminated primarily in this state for a loan which utilizes real property as collateral unless there is disclosed within the printed text of that advertisement, or the oral text in the case of a radio or television advertisement, the license under which the loan would be made or arranged, the state regulatory entity supervising that type of loan transaction or, in the case of unlicensed lending activity, a statement that the loan is being made or arranged by an unlicensed party who is not operating under the regulatory supervision of a state agency. This section shall not apply to any bank or bank holding company, or to any savings association or federal association as defined by Section 5102 of the Financial Code, or to any industrial loan company or credit union, or to any subsidiary or affiliate of these entities if the subsidiary or affiliate is not separately licensed. (Amended by Stats. 1992, Ch. 864, Sec. 2. Effective January 1, 1993.)
17539.5.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
Verify source ↗

This section restricts how information-access services (including 900/976-type services) may be advertised and sold, and requires specific disclosures in solicitations.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17539.5. (a) For purposes of this section and Sections 17539.55 and 17539.6: (1) “Broadcast” means the utilization of radio, television, home videos, movie screens, telephones, or other medium, including the Internet, that does not automatically provide the prospective consumer with a printed or written document he or she can read at leisure. (2) “Caller” means a telephone user or end user who calls or may call an information-access service or who receives a telephonic solicitation that results in the recipient being connected to an information-access service. (3) “Carrier” means any regional telephone operating company, interexchange carrier, or local exchange telephone company that provides telecommunications transmission services. (4) “Incentive” means any item or service of value, however denominated, including, but not limited to, any prize, award, gift, or money, or any coupon that can be used in whole or in part to obtain a product or service. (5) “Information provider” means a person who advertises or sells an information-access service and on whose behalf charges are billed. (6) “Information-access service” means any telecommunications service that permits individuals to access a telephone number, and for which the caller is assessed, by virtue of placing or completing the call, a charge that is greater than, or in addition to, the charge for the transmission of the call. Information-access service includes, but is not limited to, telephone numbers with the prefix 900 or 976. (7) “900 number” means any prefixed telephone number used for information-access service and includes, but is not limited to, telephone numbers with the prefix 900 or 976. (8) “Prize” means any item of value given to winners in a sweepstakes who have been selected on the basis of lot or chance. (9) “Program” means the audio message that the caller hears or receives upon placing or receiving a call and being connected to an information-access service. (10) “Sell an information service” means to attempt to cause a caller to act in a manner that causes that caller to be charged for utilizing an information-access service. (11) “Solicitation” includes all forms of solicitation for information-access services, including, but not limited to, mailings, advertisements in newspapers and magazines, advertisements broadcast by radio or television, advertisements contained in home videos or appearing on movie screens, telephone solicitations, and advertisements transmitted over the Internet. “Solicitation” does not include simple listings in telephone directories provided those listings are not accompanied by any advertising text. (12) “Sweepstakes” means any procedure for the distribution of anything of value by lot or by chance that is not unlawful under other provisions of law including, but not limited to, the provisions of Section 320 of the Penal Code. Nothing contained in this section shall be deemed to render lawful any activity that otherwise would violate Section 320 of the Penal Code. (b) It is unlawful for any person to engage in any of the following acts in order to encourage any caller to utilize an information-access service: (1) Soliciting callers by use of an automatic dialing device or a live or recorded outbound telephone message. (2) Utilizing signals or tones provided directly or indirectly by the information provider to access the information-access service. (3) Requiring callers to call more than one 900 number or to require calling the same 900 number more than one time in order to receive goods or services represented in the initial solicitation. (4) Utilizing a telephone number other than a 900 number from which a caller can be automatically connected to the information-access service. (5) Soliciting callers to call a telephone number other than a 900 number, including, but not limited to, an 800 telephone number, when the caller who calls that other number will be referred to a 900 number unless all solicitations for the initial information-access program clearly and conspicuously disclose that a referral will be made and the cost to the caller for calling the 900 number to which the caller will be referred. (6) Soliciting callers to call a number other than a 900 number, including, but not limited to, an 800 telephone number, when the caller who calls that number will be asked to accept one or more collect calls unless all solicitations clearly and conspicuously disclose that the caller will be asked to accept one or more collect calls and the cost to the caller for accepting the collect calls. The cost shall be described as cost per minute and cost per hour. (7) Referring a caller from one 900 number to another 900 number unless all solicitations for the initial information-access program clearly and conspicuously disclose that a referral will be made and the cost to the caller for calling the 900 number to which the caller will be referred. (8) Advertising that the information-access service is free. (9) Using any printing style, graphic, layout, text, color, or format which states or implies that the solicitation originates from, or was issued by or on behalf of a governmental agency, a public utility, a nonprofit organization, an insurance company, a credit reporting agency, a collection company, or a law firm unless the same is true. (c) It is unlawful for any person to solicit or sell an information-access service unless the following information is clearly and conspicuously disclosed in all solicitations: (1) An accurate description of the information-access service. (2) The name, address, and non-900 telephone number of the information provider. (3) The cost of the call, which shall be disclosed as follows: (A) If the call is billed at a fixed rate, the total cost of the call. (B) If the call is billed on a usage-sensitive basis, the cost per minute or other unit of time, and including: (i) In broadcast solicitations, the average cost of the call. (ii) In print solicitations, the average cost or length of the call, except that print solicitations directed to persons in this state shall disclose the average cost of the call. (C) Solicitations in which the length of the program cannot reasonably be determined because the length of the program depends upon the skill of, or the selections or responses made by, the caller, shall be exempt from the cost disclosure provisions of this paragraph. (D) Solicitations that are oral shall include a voice announcement of the cost of the call in clear and understandable language that is clearly audible and articulated at a volume equal to that used to announce the 900 number. The cost of the call shall be stated immediately prior to or immediately after the 900 number is stated. (E) Solicitations that are broadcast visually shall include, in clear, visible, easily readable, and conspicuously presented letters and numbers, set against a contrasting background, the cost of calling the 900 number. The visual disclosure of the cost of the call shall be displayed directly above, below, or adjacent to the number to be called whenever the number is displayed in the commercial. The visual disclosure of the cost of the call shall be a distinct disclosure and shall not be combined in the same paragraph with any other disclosure required to be made pursuant to this section. The lettering of the visual disclosure shall be no less than 18 scan lines high and shall be displayed for as long as the number is displayed. Broadcast solicitations shall also include a voice announcement of the cost of the call in clear and understandable language that is clearly audible and articulated at a volume equal to that used to announce the 900 number. The cost of the call shall be stated immediately prior to or after the 900 number is stated. (F) Solicitations that appear in print shall include, in clear, visible, easily readable, and conspicuously presented letters and numbers, the cost of calling the 900 number. The printed disclosure of the cost of the call shall be displayed directly above, below, or adjacent to the number. The lettering of the cost disclosure shall be in no less than 10-point type. (4) If the information-access service is aimed at or likely to be of interest to minors, solicitations that appear in print shall contain a statement, in at least the same size print as that used to disclose the 900 number, that persons under the age of 18 years should obtain parental consent before calling. If the solicitation is through a broadcast, this statement shall be of the same audibility as that used to disclose the 900 number. (d) It shall be unlawful for any person to solicit or sell an information-access service in any manner related to a sweepstakes. (e) Solicitations made to persons in this state offering the opportunity to participate in a sweepstakes shall, with respect to each prize offered, set forth clearly, conspicuously, and in easily readable letters the odds of receiving that prize, described in whole Arabic numerals in a format such as: “1 chance in 100,000” or “1:100,000.” If the odds depend upon the number of entries and the number of persons solicited is controlled by the sponsor of the promotion, the solicitation shall set forth the reasonable expectation of entries. If the odds depend upon the number of entries received and the number of persons solicited is not controlled by the sponsor of the sweepstakes, a statement to the effect that the odds depend on the number of entries received shall be sufficient. If more than one prize is offered, the odds shall be separately stated for each prize. The disclosure required to be made pursuant to this subdivision shall be made immediately adjacent to the first identification of the prize to which it relates or in a separate section entitled “Consumer Disclosure” or “Official Rules.” These titles shall be printed in no less than 10-point boldface type. The consumer disclosure section shall be clearly and conspicuously disclosed in the solicitation. There shall be a statement referring the recipient of the solicitation to the consumer disclosure section in the main text of the solicitation in close proximity to the description of the prizes, and the odds shall be disclosed within the top 25 percent of the consumer disclosure section. If the consumer disclosure section does not appear on the same page as the statement referring the recipient of the solicitation to this section, the statement shall indicate where the consumer disclosure section is located. If the odds appear in the section entitled “Consumer Disclosure” or “Official Rules,” there shall be a clear and conspicuous statement in the main text of the solicitation in close proximity to the description of the prizes that the odds to the recipient of obtaining the prize or prizes will be found elsewhere, and the statement shall set forth where they will be found. It is not a violation of this section to reference the official rules and the odds in the same statement as long as the statement referencing the official rules and the odds is in the main text of the solicitation in close proximity to the description of the prizes. For example, a statement such as: “See official rules (on (reference to location of rules if not on same page)) for odds and other details” or a similar statement meets the requirements of this provision. This provision shall not apply to broadcast solicitations for sweepstakes in which the winners will be selected in a random drawing in which the odds depend on the number of entries received, provided that those solicitations shall disclose where the official rules are available and the official rules shall set forth the odds of winning in accordance with this subdivision. (f) If any incentive is offered in a solicitation for an information-access service, the solicitation shall clearly and conspicuously disclose all restrictions, qualifications, and deadlines that must be complied with in order to obtain the incentive being offered. (g) No person soliciting callers for an information-access service shall represent directly or by implication that the person being solicited is part of a significantly limited group selected to receive an incentive, unless that is true and the number of recipients who will be receiving the solicitation is clearly and conspicuously set forth in the solicitation. (h) It is unlawful for any person to solicit or sell an information-access service to any person in the following manner: (1) The solicitation offers to persons in this state who respond to the solicitation by calling a 900 number any incentive that: (A) Requires the recipient to purchase goods or services from the information provider in order to utilize the incentive. However, this subparagraph does not apply to offers where the incentive is a “cents-off” coupon that is usable only for the purchase of the offeror’s own brand name product or products, the total value of the “cents-off” coupon offered is clearly and conspicuously disclosed in the offer, the total value of the “cents-off” coupon does not exceed five dollars ($5), the “cents-off” coupon is to be utilized to reduce the price of those products at retail stores in the recipient’s area, and at least 60 percent of the revenue per month of the offeror is derived from the sale of the product or products being purchased without the use of the “cents-off” coupons. (B) Requires the recipient to purchase goods or services from any third party in order to utilize the incentive unless: (i) The fact that a purchase or payment is required in order to utilize the incentive is disclosed in the solicitation. (ii) A representative sample of the establishments at which the incentive may be redeemed is disclosed in the solicitation. (iii) If the incentive entitles the recipient to save money on the purchase of goods or services, the incentive is described as a cents-off, discount coupon, or similar term that clearly indicates that it is redeemable only for savings on purchases of goods or services. (2) The solicitation states or implies that the caller is likely to receive one of the prizes offered, by representing in the solicitation that other named persons have already won the other prizes being offered in the solicitation and that the recipient of the solicitation is therefore likely to receive the prize that has not been won by the other persons named in the solicitation, unless the recipient’s odds of receiving the remaining prize are clearly and conspicuously disclosed in the solicitation in close proximity to the list of the other named persons. (i) Nothing contained in this section shall be deemed to render lawful any activity that otherwise would violate Section 17537. (j) No information-access service shall offer a game of skill in which the cost of the call is billed on a usage-sensitive basis and in which answers to multiple choice questions of increasing difficulty are required in order to win, unless the solicitation clearly and conspicuously discloses the percentage of contestants anticipated to answer all questions correctly based on prior experience or, if the game is being operated for the first time, based on a good faith estimate. (k) This section does not apply to a regional telephone operating company, interexchange carrier, or local telephone company operating in those capacities, that in good faith telecommunicates an information-access program without knowledge that the program or related advertising violates any provision of this section, Section 17539.55, or Section 17539.6. (l) Neither this section, Section 17539.55, nor Section 17539.6 applies to the California State Lottery. (Amended by Stats. 1998, Ch. 599, Sec. 16. Effective January 1, 1999.)
17539.55.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
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A sweepstakes operator using a 900 number must register with the Department of Justice within 10 days after advertising is directed to someone in the state, pay a $50 annual fee for each 900 number, and must not say the registration means DOJ approval.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17539.55. (a) It shall be unlawful to operate a sweepstakes in this state through the use of a 900 number, unless the information provider registers with the Department of Justice as provided in this section within 10 days after causing any advertisement for the sweepstakes to be directed to any person in this state. (b) The registration shall include the following information: (1) Each 900 number to be used in the sweepstakes. (2) The name and address of the information provider including corporate identity, if any, and the name and address for the information provider’s agent for service of process within the state. (3) A copy of the information provider’s audio text, prerecorded, or live operator scripts. (4) A copy of the official rules for the sweepstakes. (5) For television, video, or any on-screen advertisements, a copy of the storyboard and video recording. (6) For radio advertisements, a copy of the script and audio recording. (7) For print or electronic form transmitted over the Internet, a copy of all advertisements. (8) For direct mail solicitations, a copy of all principal solicitations. (9) For telephone solicitations, a copy of the script. (10) The names of the carriers that the information provider plans to utilize to carry the 900 number calls. (c) The information provider shall pay an annual registration fee of fifty dollars ($50) for each 900 number used for sweepstakes purposes. (d) It shall be unlawful for any information provider that operates a sweepstakes to make reference, in any contact with the public, to the fact that the information provider is registered with the Department of Justice, as required by this section, or in any other manner imply that that registration represents approval of the sweepstakes by the Department of Justice. (Amended by Stats. 2009, Ch. 88, Sec. 5. (AB 176) Effective January 1, 2010.)
17539.6.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. )
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Broadcast or print ads or notices with a 900 number must use the same language as the recorded message or live operator for that 900 number.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2. Particular Offenses [17530 - 17539.6] ( Article 2 added by Stats. 1941, Ch. 63. ) ## 17539.6. Any broadcast or print advertisement or notice that contains a 900 number shall be written or spoken in the same language as the language used in a recorded message or by a live operator of the 900 number call. (Added by Stats. 1992, Ch. 944, Sec. 3. Effective January 1, 1993.)
1754.5.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 7. Dental Auxiliaries [1740 - 1777] ( Article 7 repealed and added by Stats. 1974, Ch. 128. )
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This section sets requirements for radiation safety courses, board approval, course content, clinical/laboratory instruction, and student completion requirements.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 7. Dental Auxiliaries [1740 - 1777] ( Article 7 repealed and added by Stats. 1974, Ch. 128. ) ## 1754.5. (a) A radiation safety course shall have the primary purpose of providing theory, laboratory, and clinical application in radiographic techniques. The board shall approve only those courses that adhere to the minimum requirements of this section. (b) A radiation safety course provider applying for initial board approval shall submit a completed application for course approval, on a form provided by the board, accompanied by the applicable fee. The board may approve or deny approval after it evaluates all components of the course. (c) Continuation of approval will be contingent upon continued compliance with Sections 1070 and 1070.1 of Title 16 of the California Code of Regulations and all requirements set forth in this section. The board may withdraw approval at any time that it determines that the course does not meet the requirements set forth in this subdivision. (d) Providers shall make adequate provisions for appropriate supervision, operation, and facilities when used for laboratory and preclinical instruction. (e) A course in radiation safety shall be of sufficient duration for the student to achieve minimum competence, but in no event less than 32 hours, including at least 8 hours of didactic instruction, at least 12 hours of laboratory instruction, and at least 12 hours of supervised clinical instruction. (f) A course shall establish specific instructional objectives. The theoretical aspects of the course shall provide the content necessary for students to make safe and ethical judgments regarding radiation safety. (g) Objective evaluation criteria shall be used for measuring student progress. Students shall be provided with specific performance objectives and the evaluation criteria that will be used for all evaluation and testing procedures. (h) Areas of didactic instruction shall include, at a minimum, all of the following: (1) Radiation physics and biology. (2) Radiation protection and safety. (3) Recognition of normal intraoral and extraoral anatomical landmarks. (4) Radiograph exposure and processing techniques. (5) Radiograph mounting or sequencing, and viewing, including anatomical landmarks of the oral cavity. (6) Intraoral techniques including holding devices and image receptors. (7) Proper use of patient protection devices and personal protective equipment for operator use. (8) Identification and correction of faulty radiographs. (9) Introduction to contemporary equipment and devices including the use of computerized digital radiography and extraoral imaging that may include panographs or cone-beam imaging. (10) Techniques and exposure guidelines for a variety of patients including, but not limited to, adult, pediatric, edentulous, partially edentulous, endodontic, and patients with special needs. (11) Radiographic record management. (i) For the student to achieve minimum competence in the application of dental radiographic techniques and radiation safety, all the following shall be met by a board-approved course: (1) Successful completion of laboratory experiences consisting of at least two bitewing radiographic series and two full mouth intraoral radiographic series using an x-ray training mannequin designed for radiographic exposures utilizing any dental radiographic image receptor or device deemed appropriate by the course director. (2) Successful completion of clinical experiences consisting of at least three full-mouth intraoral radiographic series using any dental radiographic image receptor or device deemed appropriate by the course director or supervising dentist. (j) All clinical radiographs shall be made using diagnostic criteria established by the course of instruction and shall in no event exceed three reexposures per series. (k) Before the student’s performance of procedures on patients, the student shall provide evidence to the radiation safety course provider of having completed a board-approved eight-hour course in infection control and current, valid certification in basic life support. (l) Completion of student and instructor written evaluations of each radiographic series identifying errors, causes of error, correction of errors, and, if applicable, the number of reexposures necessary for successful completion of a series to clinical competency. (m) The student shall successfully complete a comprehensive written exam prior to the completion of the course. The exam shall include questions specific to items addressed in Article 4 (commencing with Section 30305) of Group 3 of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations relative to the special requirements for the use of x-ray in the healing arts. (n) Extramural dental facilities may be utilized by a course for the purposes of clinical experiences. Clinical oversight shall be performed under the general supervision of a licensed dentist who shall authorize the student to perform, at minimum, three radiographic series. Didactic and laboratory instruction shall be provided only by course faculty or instructional staff prior to clinical performances. (o) Programs and courses using extramural dental faculties for dental radiographic clinical experiences shall provide to the board, upon request or renewal of provider status, copies of all contracts of affiliation and documentation demonstrating compliance with board regulations. (p) Upon successful completion of the course, students shall receive a certificate of completion as defined in subdivision (e) of Section 1741. (q) The board may adopt regulations to implement this section. (Added by Stats. 2024, Ch. 483, Sec. 64. (SB 1453) Effective January 1, 2025.)
1755.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 7. Dental Auxiliaries [1740 - 1777] ( Article 7 repealed and added by Stats. 1974, Ch. 128. )
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Some unlicensed dental assistants must complete a board-approved infection control certification course, and the board may adopt implementing regulations.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 7. Dental Auxiliaries [1740 - 1777] ( Article 7 repealed and added by Stats. 1974, Ch. 128. ) ## 1755. (a) A course in infection control is one that has as its main purpose providing theory and clinical application in infection control practices and principles where the protection of the public is its primary focus. (b) An unlicensed dental assistant not enrolled in a board-approved program for registered dental assisting or an alternative dental assisting program as defined in subdivision (a) of Section 1741, shall complete one of the following infection control certification courses: (1) A board-approved eight-hour course, with six hours being didactic instruction and two hours being laboratory instruction. (2) A board-approved eight-hour course, with six hours of didactic instruction and at least two hours of laboratory instruction using video or a series of video training tools, all of which may be delivered using asynchronous, synchronous, or online learning mechanisms or a combination thereof. (c) A course shall establish specific instructional objectives. Instruction shall provide the content necessary for students to make safe and ethical judgments regarding infection control and asepsis. (d) Objective evaluation criteria shall be used for measuring student progress. Students shall be provided with specific performance objectives and the evaluation criteria that will be used for didactic testing. (e) Didactic instruction shall include, at a minimum, all of the following as they relate to Cal/OSHA regulations, as set forth in Sections 300 to 344.85, inclusive, of Title 8 of the California Code of Regulations, and the board’s Minimum Standards for Infection Control, as set forth in Section 1005 of Title 16 of the California Code of Regulations: (1) Basic dental science and microbiology as they relate to infection control in dentistry. (2) Legal and ethical aspects of infection control procedures. (3) Terms and protocols specified in Section 1005 of Title 16 of the California Code of Regulations regarding the minimum standards for infection control. (4) Principles of modes of disease transmission and prevention. (5) Principles, techniques, and protocols of hand hygiene, personal protective equipment, surface barriers and disinfection, sterilization, sanitation, and hazardous chemicals associated with infection control. (6) Principles and protocols of sterilizer monitoring and the proper loading, unloading, storage, and transportation of instruments to work area. (7) Principles and protocols associated with sharps management. (8) Principles and protocols of infection control for laboratory areas. (9) Principles and protocols of waterline maintenance. (10) Principles and protocols of regulated and nonregulated waste management. (11) Principles and protocols related to injury and illness prevention, hazard communication, general office safety, exposure control, postexposure requirements, and monitoring systems for radiation safety and sterilization systems. (f) Upon successful completion of the course, students shall receive a certificate of completion as defined in subdivision (e) of Section 1741. (g) The board may adopt regulations to implement this section. (Added by Stats. 2024, Ch. 483, Sec. 65. (SB 1453) Effective January 1, 2025.)
17550.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.6. Sellers of Travel [17550 - 17550.30] ( Article 2.6 added by Stats. 1994, Ch. 1123, Sec. 2. )
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This section says the Legislature enacted the article to regulate sellers of travel and to support sample forms that help them comply with the information-required rule in Section 17550.13(a)(1).

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.6. Sellers of Travel [17550 - 17550.30] ( Article 2.6 added by Stats. 1994, Ch. 1123, Sec. 2. ) ## 17550. (a) The Legislature finds and declares all of the following: (1) Certain advertising, sales, and business practices of sellers of travel have worked financial hardship upon the people of this state. (2) The travel business has a significant impact upon the economy and well-being of this state and its people. (3) Problems have arisen that are peculiar to sellers of travel business. (4) The public welfare requires regulation of sellers of travel in order to eliminate unfair advertising, sales, and business practices, to establish standards that will safeguard the people against financial hardship, to encourage competition, fair dealing, and prosperity in the travel business, and to provide certain and reliable funding for the seller of travel registration program and enforcement by the office of the Attorney General of this article. (b) It is the intent of the Legislature in enacting this article that the Department of Justice, to the extent that resources are available, work together with representatives of the affected business community to develop sample forms that will, to the maximum extent possible, enable sellers of travel to comply with the requirement to provide to persons making payment the information required by paragraph (1) of subdivision (a) of Section 17550.13, in a manner that is simplified, efficient, and nonduplicative, and in a manner that recognizes the particular burdens and situations that may exist for small sellers of travel in their efforts to comply with the provisions of that section. (Amended by Stats. 2016, Ch. 517, Sec. 1. (AB 2106) Effective January 1, 2017.)
17550.1.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.6. Sellers of Travel [17550 - 17550.30] ( Article 2.6 added by Stats. 1994, Ch. 1123, Sec. 2. )
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This section defines who counts as a “seller of travel” and lists several exclusions.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.6. Sellers of Travel [17550 - 17550.30] ( Article 2.6 added by Stats. 1994, Ch. 1123, Sec. 2. ) ## 17550.1. (a) “Seller of travel” means a person who sells, provides, furnishes, contracts for, arranges, or advertises that he or she can or may arrange, or has arranged, wholesale or retail , either of the following: (1) Air or sea transportation either separately or in conjunction with other travel services. (2) Land or water vessel transportation, other than sea carriage, either separately or in conjunction with other travel services if the total charge to the passenger exceeds three hundred dollars ($300). (b) Seller of travel does not include any of the following: (1) An air carrier. (2) An ocean carrier. (3) A hotel, motel, or similar lodging establishment where in the course of selling, providing, furnishing, contracting for, or arranging transient lodging accommodations and related services for its registered guests, it also arranges for transportation and does not directly or indirectly receive any money or other valuable consideration for arranging or providing that transportation. (4) A person or organization certified under Part 5 (commencing with Section 12140) of Division 2 of the Insurance Code, except such a person or organization shall comply with the registration and fee provisions of Sections 17550.20 and 17550.21 for each location at which air or sea transportation is sold either separately or in conjunction with other travel services. (5) A motor or rail carrier or water vessel operator holding the required permit, license, or other authority to operate from a state, federal, or other governmental entity. (c) Notwithstanding any other provision of law, a reference in this article or Article 2.7 (commencing with Section 17550.35) to air or sea transportation or to an air or sea carrier, includes land or water vessel transportation, as described in subdivision (a), and a motor carrier or water vessel operator. (Amended by Stats. 2006, Ch. 628, Sec. 1. Effective January 1, 2007.)
17550.10.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.6. Sellers of Travel [17550 - 17550.30] ( Article 2.6 added by Stats. 1994, Ch. 1123, Sec. 2. )
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A travel certificate is a writing that gives the holder an entitlement to certain air or sea transportation or travel services, a discount, or the right to buy those services from a specified source.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.6. Sellers of Travel [17550 - 17550.30] ( Article 2.6 added by Stats. 1994, Ch. 1123, Sec. 2. ) ## 17550.10. “Travel certificate” means a writing that represents the holder is entitled to air or sea transportation or travel services, to a discount or reduced price for that transportation or those travel services, or to purchase that transportation or those travel services from a specified source, whether or not the holder is required to pay additional money or fulfill any requirements in order to utilize the certificate. (Amended by Stats. 1998, Ch. 924, Sec. 4. Effective January 1, 1999.)
17550.11.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.6. Sellers of Travel [17550 - 17550.30] ( Article 2.6 added by Stats. 1994, Ch. 1123, Sec. 2. )
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A seller of travel must keep an adequate bond in force, and the surety insurer must give 30 days’ written notice before cancelling or ending the bond.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.6. Sellers of Travel [17550 - 17550.30] ( Article 2.6 added by Stats. 1994, Ch. 1123, Sec. 2. ) ## 17550.11. (a) “Adequate bond” means a bond executed by an admitted surety insurer in an amount at all times no less than at least equal to the amount required to be held in a trust account pursuant to Section 17550.15 by any seller of travel in conjunction with such transportation, for the benefit of every passenger who sustains a monetary loss as a result of any violation of this article by a seller of travel or any failure by a seller of travel or by any official, agent, or employee of the seller of travel acting in the course or scope of their employment or agency. A seller of travel filing the bond shall maintain the bond in force in the proper amount as a condition of continuing to engage in business. The admitted surety insurer issuing the bond shall provide 30 days’ written notice before cancellation or termination of the bond to the seller of travel filing the bond and the office of the Attorney General, Consumer Protection Section. Cancellation of the bond shall not limit or exonerate the surety insurer from claims against the bond arising during the period it was in force. (b) No passenger may recover upon the bond a sum greater than that which the passenger paid to the seller of travel, provided that this limitation shall not restrict a passenger from recovering sums greater than those paid to the seller of travel from sources other than the bond. (Amended by Stats. 2024, Ch. 853, Sec. 5. (AB 3281) Effective January 1, 2025.)
17550.13.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.6. Sellers of Travel [17550 - 17550.30] ( Article 2.6 added by Stats. 1994, Ch. 1123, Sec. 2. )
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A seller of travel must give specified written disclosures before accepting payment for covered travel services, with limited exceptions and a few special timing/oral-disclosure rules.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.6. Sellers of Travel [17550 - 17550.30] ( Article 2.6 added by Stats. 1994, Ch. 1123, Sec. 2. ) ## 17550.13. (a) (1) A seller of travel shall not receive any money or other valuable consideration in payment for air or sea transportation or other travel services offered by the seller of travel unless at the time of or prior to the receipt of payment, the seller of travel first furnishes to the person making that payment written materials conspicuously setting forth the following information: (A) The name and business address and telephone number of the seller of travel. (B) The total amount to be paid by or on behalf of the passenger, amount paid to date, the date of any future payment, the purpose of the payment made, and an itemized statement of the balance due, if any. (C) The name of the provider of the air or sea transportation, and the date, time, and place of each departure, or the circumstances under which the date, time, and place of departure will be determined. (D) All terms and conditions relating to the air or sea transportation or travel services being purchased by the passenger, including cancellation conditions. An air carrier’s or an ocean carrier’s standard contract of carriage is not required to be disclosed prior to the seller of travel receiving any money or other valuable consideration. (E) A clear and conspicuous statement that upon cancellation of the transportation or travel services, where the passenger is not at fault and has not canceled in violation of any terms and conditions previously clearly and conspicuously disclosed to and agreed to by the passenger, all sums paid to the seller of travel for services not provided will be promptly paid to the passenger, unless the passenger otherwise advises the seller of travel in writing, after cancellation. (F) If the seller of travel is required by this article to have a trust account or bond, a clear and conspicuous disclosure stating: “California law requires certain sellers of travel to have a trust account or bond. This business has [a trust account] or [a bond issued by (company) in the amount of ($X)].” (G) If the seller of travel is a participant in the Travel Consumer Restitution Fund and the passenger, or the person making payment for the passenger, was located in California at the time of the sale of air or sea transportation or travel services, a clear and conspicuous notice of the right of the passenger, or the right of the person making payment for the passenger, to make a claim on that fund. The notice shall include a description of the losses covered, the method for making a claim, the time limit within which the claim shall be made, and the amount which may be claimed. (H) If the seller of travel is a participant in a Consumer Protection Deposit Plan that meets the criteria set forth in subdivision (b) of Section 17550.16, a clear and conspicuous notice of the passenger’s right to make a claim on the plan. That notice shall include a description of the losses covered, the method for making a claim, the time limit within which the claim shall be made, and the amount that may be claimed. (I) If the seller of travel is a participant in a Consumer Protection Escrow Plan that meets the criteria set forth in subdivision (c) of Section 17550.16, a clear and conspicuous notice of the passenger’s right to make a claim on the plan. That notice shall include a description of the losses covered, the method for making a claim, the time limit within which the claim shall be made, and the amount that may be claimed. (J) If the seller of travel is not a participant, a clear and conspicuous disclosure that the seller of travel is not a participant in the Travel Consumer Restitution Fund. That disclosure shall be made both orally and in writing. (K) If the seller of travel is a participant in the Travel Consumer Restitution Fund and the passenger or any person who made a payment on behalf of the passenger for travel services is located in California, a clear and conspicuous disclosure made both orally and in writing that the transaction is covered by the Travel Consumer Restitution Fund. (2) There is no violation of this subdivision if both of the following occur: (A) Compliance was rendered impossible as a direct result of an unforeseen condition beyond the control of the seller of travel. (B) The seller of travel obtains from each passenger, written acknowledgment that the passenger has not received disclosure of the terms and conditions required by this section. (b) If a seller of travel offers, sells, provides, or distributes a travel certificate as defined in Section 17550.10 and any passenger payment is nonrefundable, in whole or in part, the seller of travel shall obtain the written acknowledgment of that limitation from the end user prior to, or at the time of, receipt of any money or other valuable consideration. (c) Notwithstanding any other provision of this section, if money or other valuable consideration is received from a customer to whom the seller of travel has sold air or sea transportation within the preceding 12 months and the disclosures required by this section are substantially the same as the disclosures given in connection with the prior travel, the disclosures required by this section shall be made within five days of receipt of that money or other valuable consideration. (d) Notwithstanding any other provision of this section, if money or other valuable consideration is received in payment for air transportation and the seller of travel is an officially appointed agent in good standing of the Airlines Reporting Corporation and forwards the amount paid, without offsetting or reducing the amount forwarded by any amounts due or claimed in connection with any other transaction, to the airline providing the transportation or to the Airlines Reporting Corporation, the disclosures required by this section with respect to that air transportation may be made orally. (Amended by Stats. 2006, Ch. 628, Sec. 2. Effective January 1, 2007.)
17550.14.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.6. Sellers of Travel [17550 - 17550.30] ( Article 2.6 added by Stats. 1994, Ch. 1123, Sec. 2. )
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A seller of travel must either provide the purchased air or sea travel services or refund the passenger, usually within the section’s stated time limits.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.6. Sellers of Travel [17550 - 17550.30] ( Article 2.6 added by Stats. 1994, Ch. 1123, Sec. 2. ) ## 17550.14. (a) The seller of travel has an obligation either to provide the air or sea transportation or travel services purchased by the passenger or to make a refund as provided by this section. The seller of travel shall return to the passenger all moneys paid for air or sea transportation or travel services not actually provided to the passenger, within either of the following periods, whichever is earlier: (1) Thirty days from one of the following dates: (A) The scheduled date of departure. (B) The day the passenger requests a refund. (C) The day of cancellation by the seller of travel. (2) Three days from the day the seller of travel is first unable to provide the air or sea transportation or travel services. As used in this section, “unable to provide” includes, but is not limited to, any day on which the passenger’s funds are not in the trust account required by Section 17550.15 and subdivision (g) of Section 17550.21 or the funds necessary to provide the passenger’s transportation or travel services have been disbursed other than as allowed by Section 17550.15 or subdivision (a) of Section 17550.16. (b) If the seller of travel has disbursed the passenger’s funds pursuant to paragraph (1), (2), (3), or (4) of subdivision (c) of Section 17550.15 and the disbursement is in full payment for the services or transportation purchased by the passenger, the seller of travel may, instead of providing a refund, provide to the passenger a written statement accompanied by bank records establishing that the passenger’s funds were disbursed as required by those provisions and, if disbursed to a seller of travel, proof of current registration of that seller of travel. A seller of travel who is exempt from the requirements of Section 17550.15 pursuant to subdivision (a) of Section 17550.16 and who is in compliance with subdivision (a) of Section 17550.16 may comply with this section by maintaining and providing to the passenger documentary proof of disbursement in compliance with subdivision (a) of Section 17550.16, and proof of current registration of the seller of travel to whom the funds were disbursed, which registration shall note that the registered seller of travel either has a trust account in compliance with Section 17550.15, or is exempt from the requirements of Section 17550.15 pursuant to subdivision (b) or (c) of Section 17550.16. This subdivision does not apply to refunds subject to subdivision (c) or (d). (c) If terms and conditions relating to a refund upon cancellation by the passenger have been disclosed and agreed to by the passenger and the passenger elects to cancel for any reason other than a seller of travel being unable to provide the air or sea transportation or travel services purchased, the making of a refund in accordance with those terms and conditions shall be deemed to constitute compliance with this section. (d) Any material misrepresentation by the seller of travel shall be deemed to be a violation of this article and cancellation by the seller of travel, necessitating a refund as required by subdivision (a). (Amended by Stats. 2006, Ch. 628, Sec. 3. Effective January 1, 2007.)
17550.15.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.6. Sellers of Travel [17550 - 17550.30] ( Article 2.6 added by Stats. 1994, Ch. 1123, Sec. 2. )
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Sellers of travel must put customer funds into a trust account and may withdraw money only for specified purposes.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.6. Sellers of Travel [17550 - 17550.30] ( Article 2.6 added by Stats. 1994, Ch. 1123, Sec. 2. ) ## 17550.15. (a) This section applies to a seller of travel as defined in Section 17550.1. (b) The seller of travel shall deposit directly into a trust account in a federally insured bank, savings and loan association, or credit union 100 percent of all sums received from any person or entity, including, but not limited to, those payments made in cash, by credit card, or any other method of payment, for air or sea transportation for any person, or for any travel services offered by the seller of travel, and any refunds made by carriers or providers of travel services. This subdivision does not require that a seller of travel establish a separate trust account for each transaction. (c) The seller of travel shall not in any manner encumber the corpus of the trust account and shall not withdraw money therefrom except as follows: (1) In partial or full payment to the carrier for transportation, or to the provider of travel services, for the services or transportation purchased by the passenger. (2) In partial or full payment to the carrier or provider of travel services if payment is made by wire transfer directly to an account of the Airlines Reporting Corporation, or by check or draft paid to the Airlines Reporting Corporation for the transportation or services contracted for by the passenger. (3) Upon delivery of all tickets or vouchers necessary for the passenger to obtain from the carrier or provider of travel services the transportation or services purchased by the passenger, at which time the seller of travel may withdraw the portion of the sum paid by the passenger that is due the seller of travel as compensation for sale of the transportation or travel services to that passenger. Tickets or vouchers shall be deemed delivered if personally delivered, turned over to an independent third-party delivery service for regular delivery to the passenger at the address designated by the passenger on the next business day, or deposited in the United States mail with first-class postage prepaid. (4) Upon full payment to the provider of transportation or travel services, directly to the trust account identified in the registration of another seller of travel to whom the funds are paid, or to another registered seller of travel whose registration states that the other registered seller of travel is exempt pursuant to subdivision (b) or (c) of Section 17550.16 from the requirements of this section, of the total amount that is required by the carrier or provider of transportation or travel services or other registered seller of travel in order to provide the transportation or services purchased by the passenger, at which time the seller of travel may withdraw from the trust account that portion of the sum paid by the passenger which is commission due the seller of travel for sale of the transportation or travel services to that passenger. (5) To make refunds to the passenger. (d) Subdivision (c) shall not prevent payment of the interest earned on the trust account to the seller of travel. (e) The seller of travel shall serve as trustee of the trust accounts required by this article. If an individual person is the seller of travel, the individual person shall be the trustee; if the seller of travel is a corporation, partnership, limited liability company, or other legal entity, a managing partner or partners, or the chief executive officer of the corporation, or executive officer or manager of a limited liability company shall be the trustee. The trustee may designate in writing that an officer or employee may manage the trust account if that officer or employee is under the trustee’s supervision and control, and the original of that writing is on file with the Attorney General’s office. (f) (1) Except as otherwise provided in this section, all trust accounts required by this article shall be maintained at a branch of a federally insured bank, savings and loan association, or credit union. (2) The seller of travel shall file with the Attorney General an irrevocable agreement in writing allowing the Attorney General, a district attorney, or their representatives, upon written request, to examine and obtain copies of all business records, including, but not limited to, those related to the trust account wherever those records may be, and including, but not limited to, those records relating to any travel business account, or any account used for any travel business transaction, or account to which trust funds have been deposited. The statement shall indicate that the authorization remains in effect as long as the seller of travel, financial institution, or other custodian of records retains records. (3) A seller of travel shall maintain all business records described in paragraph (2) for a minimum period of three years. (4) The Attorney General may maintain an action for recovery of examination costs and expenses in any court of competent jurisdiction, and may recover his or her reasonable costs and attorney’s fees as an item of costs, as provided for in paragraph (10) of subdivision (a) and paragraph (5) of subdivision (c) of Section 1033.5 of the Code of Civil Procedure. Costs and expenses for an examination under this section shall be paid for by the seller of travel if the Attorney General bills the seller of travel for those costs and expenses, provided that the examination shows that the seller of travel has failed to comply with any requirements of this chapter. (g) Every seller of travel has a fiduciary responsibility with respect to all sums received for transportation or travel services. (h) The following are deemed to be held in trust for passengers: (1) All sums received by the seller of travel for transportation or travel services whether or not required to be deposited in an actual trust account and regardless of whether any of these sums were required to be deposited or actually were deposited in a trust account. (2) All property with which any of the sums described in paragraph (1) has been commingled if any of these sums cannot be identified because of the commingling. (i) Upon any judicially ordered distribution of any money or property required to be held in trust and after all expenses of distribution approved by the court have been paid, every passenger has a claim on the trust for payments made for transportation and other travel services not provided. Unless a passenger can identify his or her funds in the trust within the time established by the court, each passenger shall receive a proportional share based on the amount paid. (j) The seller of travel is not required to comply with the direct deposit requirement set forth in subdivision (b) if all of the following apply: (1) The payment is made by credit card. (2) The seller of travel does not deposit, negotiate, or factor the credit card charge or otherwise seek or obtain payment of the credit card charge or the crediting of the amount of the credit card charge to any account over which the seller of travel has any control. (3) (A) If the charge includes transportation, the carrier that is to provide the transportation processes the credit card charge. (B) If the charge is only for services, the provider of services processes the credit card charge. (k) In lieu of the trust account required by this article, an adequate bond as set forth in Section 17550.11 may be maintained by the seller of travel. Prior to the advertisement of transportation or services, or both, by the seller of travel, the seller of travel shall file a copy of that bond with the Attorney General. (Amended by Stats. 2015, Ch. 253, Sec. 1. (AB 1107) Effective January 1, 2016.)
17550.16.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.6. Sellers of Travel [17550 - 17550.30] ( Article 2.6 added by Stats. 1994, Ch. 1123, Sec. 2. )
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A seller of travel can be exempt from Section 17550.15 only if it meets specified conditions, and it must give the Attorney General required information to prove compliance.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.6. Sellers of Travel [17550 - 17550.30] ( Article 2.6 added by Stats. 1994, Ch. 1123, Sec. 2. ) ## 17550.16. (a) A seller of travel is exempt from the requirements of subdivisions (a) to (f), inclusive, of Section 17550.15 for all transactions in which the seller of travel is in compliance with paragraphs (1) to (6), inclusive, or with paragraph (7). (1) The seller of travel sells, provides, furnishes, contracts for, or arranges air or sea transportation in transactions with persons in California, only from locations in California, and the air or sea transportation or travel services are to be furnished by (A) a registered seller of travel that is in compliance with this article and Article 2.7 (commencing with Section 17550.35) or (B) an air or sea carrier. (2) The seller of travel forwards the passenger’s funds, without offsetting or reducing the amount forwarded by any amounts due or claimed in connection with any other transaction, to (A) the provider of the transportation or travel services, (B) the Airlines Reporting Corporation, (C) the trust account identified in the registration of the seller of travel to whom the funds are forwarded, or (D) a registered seller of travel whose registration states that the registered seller is exempt pursuant to subdivision (b) or (c) from the requirements of Section 17550.15, and the seller of travel who forwards funds pursuant to subparagraph (C) or (D) obtains and keeps a copy of the registration referred to in subparagraph (C) or (D). (3) The seller of travel is an officially appointed agent in good standing of the Airlines Reporting Corporation and the air transportation, if any, is sold to the passenger pursuant to that agency appointment. (4) The seller of travel has been in business under the same ownership for a period of three years, unless acquired or formed by a registered seller of travel that has been in business under the same ownership for a period of three years. For the purposes of this paragraph, the following shall not constitute a change in ownership: (A) Any structural change involving a change in the type of entity, such as from a corporation to a partnership, and not involving the addition of any new, underlying ownership interest. (B) The deletion of any owner or ownership interest. (5) The seller of travel sells, provides, furnishes, contracts for, or arranges air or sea transportation or travel services only at retail directly to the general public and not through any other seller of travel, all of which air or sea transportation and travel services are to be furnished by other, unrelated providers or sellers of travel. (6) The seller of travel is in compliance with the requirements of Section 17550.20 and Article 2.7 (commencing with Section 17550.35). Any seller of travel seeking to qualify for this exemption shall provide all information necessary for the Attorney General or their delegate to determine that the seller of travel meets the criteria set forth in paragraphs (1) to (6), inclusive. (7) A seller of travel in a transaction where the air or sea transportation or travel services are furnished by a business entity that (A) is located and providing transportation or travel services outside of the United States and (B) is not in compliance with the provisions of this article is exempt from the requirements of Section 17550.15 for that transaction if the seller of travel obtains each passenger’s written acknowledgment of receiving, before making any payment, a clear, conspicuous, and complete written disclosure that the provider of transportation or travel services is not in compliance with the Seller of Travel Law and the transaction is not covered by the Travel Consumer Restitution Fund, and of the attendant risks and consequences thereof. (8) If the Attorney General or their delegate finds, pursuant to Section 17550.52, that the Travel Consumer Restitution Corporation has failed or ceased to operate, a seller of travel who was a participant in the Travel Consumer Restitution Fund shall no longer be exempt from compliance with the requirements of Sections 17550.15 and 17550.17. If Article 2.7 (commencing with Section 17550.35) ceases to operate for any reason, including, but not limited to, repeal pursuant to former Section 17550.59, no seller of travel shall be exempt from compliance with the requirements of Sections 17550.15 and 17550.17 unless in compliance with subdivision (b) or (c). (b) A seller of travel who is a participant, with respect to all sales of air or sea transportation and travel services, in a Consumer Protection Deposit Plan that meets the criteria of paragraphs (1) to (3), inclusive, and who complies with paragraph (4) need not comply with Section 17550.15. (1) The plan is operated and administered by an entity who demonstrates to the satisfaction of the Attorney General or their delegate that the operating and administering entity is competent and reliable and that the plan will achieve fully the purposes and objectives of this article. Each approved plan shall include provisions requiring that each participating seller of travel (A) has been engaged in business as a seller of travel in the United States under the same ownership for not less than three years, unless acquired or formed by a seller of travel already participating and in good standing in the plan, and (B) has deposited with the administrator of the plan a minimum of one million dollars ($1,000,000) in security in the form of a bond, letter of credit, or certificate of deposit, which security shall be (i) in favor solely of the plan, (ii) held by the plan pursuant to the terms of the plan, (iii) used solely to refund passenger payments or deposits or to complete tours, and (iv) payable solely in the event that (I) the seller of travel fails to refund passenger payments or deposits due as a result of the bankruptcy, insolvency, or cessation of operations of the seller of travel or after the cancellation or material failure by the seller of travel to complete performance of the passenger’s transportation or travel services or (II) the seller of travel fails to replace the security with another meeting the criteria set forth in subparagraph (B) no later than 30 days before its expiration. (2) Claims filed against the Consumer Protection Deposit Plan are decided within 45 days of receipt and paid within 30 days of decision. (3) The Consumer Protection Deposit Plan has been reviewed and approved in writing by the Attorney General or their delegate as meeting the criteria set forth above, including a finding that the plan will effectuate the purposes of this article. Should the approved plan cease to provide the consumer protections set forth in paragraph (1), the Attorney General or their delegate shall revoke their approval immediately. Upon that revocation, the seller of travel shall no longer be exempt from compliance with the requirements of Sections 17550.15 and 17550.17. (4) Any participant in a Consumer Protection Deposit Plan seeking to qualify for this exemption shall provide all information necessary for the Attorney General or their delegate to determine (A) that the Consumer Protection Deposit Plan in which the seller of travel is a participant meets the criteria set forth in paragraphs (1), (2), and (3), (B) that the seller of travel is a participant in full compliance with the terms and conditions of an approved consumer protection deposit plan, and (C) provide a written agreement from the authorized representative of the Consumer Protection Deposit Plan in which the plan administrator agrees to give the office of the Attorney General, Consumer Protection Section, immediate written and telephonic notice in the event of termination of the seller of travel’s participation in the plan. (c) A seller of travel who utilizes for all transactions a Consumer Protection Escrow Plan which meets the criteria of paragraphs (1) to (6), inclusive, and who complies with paragraph (7) is exempt from the requirements of Section 17550.15. (1) The plan is operated and administered as escrow holder by a federally insured bank that demonstrates to the Attorney General or their delegate that the manner in which it will administer the plan will be consistent with the purposes of this article. Each approved escrow plan shall include provisions requiring that all air tickets sold by participants in the plan be issued through the Airlines Reporting Corporation. (2) All funds delivered to the escrow holder, by cash, check, charge card, or otherwise, are held and disbursed by the escrow holder for the benefit of, and to protect the interests of, the passenger. (3) All funds are separately accounted for by booking number and passenger name. (4) Claims filed against the escrow plan are decided within 45 days of receipt and paid within 30 days of decision. (5) All passenger funds are to be delivered to the escrow holder as required by Section 17550.15. (6) The Consumer Protection Escrow Plan has been reviewed and approved in writing by the Attorney General or their delegate as meeting the criteria set forth herein, including a finding that the plan will effectuate the purposes and objectives of this article. Should the approved plan cease to provide the consumer protections set forth in paragraphs (1) to (5), inclusive, the Attorney General or their delegate shall revoke their approval of the plan immediately. Upon that revocation, the seller of travel shall no longer be exempt from compliance with the requirements of Sections 17550.15 and 17550.17. (7) Any participant in a consumer protection plan seeking to qualify for this exemption shall provide all information necessary for the Attorney General or their delegate to (A) determine that the Consumer Protection Escrow Plan in which the seller of travel is a participant meets the criteria set forth in paragraphs (1) to (6), inclusive, (B) determine that the seller of travel is a participant in full compliance with the terms and conditions of an approved Consumer Protection Escrow Plan, and (C) provide a written agreement from the authorized representative of the Consumer Protection Escrow Plan in which the plan administrator agrees to give the office of the Attorney General, Consumer Protection Section, immediate written and telephonic notice in the event of termination of the seller of travel’s participation in the plan. (Amended by Stats. 2024, Ch. 853, Sec. 6. (AB 3281) Effective January 1, 2025.)
17550.17.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.6. Sellers of Travel [17550 - 17550.30] ( Article 2.6 added by Stats. 1994, Ch. 1123, Sec. 2. )
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Seller of travel must deliver the ticket or voucher within 72 hours after full payment by cash or credit card, and within 72 hours of the relevant triggering event for check payments.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.6. Sellers of Travel [17550 - 17550.30] ( Article 2.6 added by Stats. 1994, Ch. 1123, Sec. 2. ) ## 17550.17. (a) This section does not apply to sellers of travel who are exempt from the requirements of Section 17550.15 pursuant to Section 17550.16. (b) Upon payment in full by the passenger for air or sea transportation and any related services with a credit card or with cash, the seller of travel shall issue and deliver the ticket or voucher to the passenger or his or her designated agent within 72 hours. (c) Upon payment in full by the passenger for air or sea transportation and any related services with a check, the seller of travel shall issue and deliver the ticket or voucher to the passenger or his or her designated agent within 72 hours of the earlier of the following: (1) The time the passenger’s payment is credited to the seller of travel’s account. (2) The expiration of the maximum hold period specified in Section 10.190405 of Title 10 of the California Code of Regulations. (d) Tickets, vouchers, or receipts shall be deemed to have been delivered if they have been turned over to an independent third-party delivery service or the United States Postal Service for regular delivery. (e) If the seller of travel is unable to issue tickets or vouchers upon payment as set forth in subdivisions (b) and (c), the seller of travel may comply with this section by taking either of the following actions: (1) Timely forwarding to the air or sea carrier or provider of travel services, the portion of the sum paid by the passenger that is required by the air or sea carrier or provider of travel services from the seller of travel in order to provide the transportation or services purchased by that passenger and sending to the passenger within five business days of the date of the purchase or before the date of the passenger’s departure, whichever occurs first, a receipt describing the transportation and services that were purchased. The seller of travel may not offset or reduce the amount forwarded by any amounts due or claimed in connection with any other transaction. (2) Complying with Sections 17550.13, 17550.14, and 17550.15. (f) There is no violation of this section if compliance with this section was rendered impossible as a direct result of an unforeseen condition beyond the control of the seller of travel, and the seller of travel complied with this section or made restitution to the passenger within 30 days after the transportation or travel services purchased by the passenger were not provided. (g) For purposes of this section, “72 hours” means three business days as defined in Section 9 of the Civil Code. (Amended by Stats. 2006, Ch. 628, Sec. 4. Effective January 1, 2007.)
17550.18.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.6. Sellers of Travel [17550 - 17550.30] ( Article 2.6 added by Stats. 1994, Ch. 1123, Sec. 2. )
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If part of this article is invalid, the rest still applies. A seller of travel must prove exceptions in civil actions and produce evidence of exceptions in criminal actions.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.6. Sellers of Travel [17550 - 17550.30] ( Article 2.6 added by Stats. 1994, Ch. 1123, Sec. 2. ) ## 17550.18. (a) If any provision of this article or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable. (b) In a criminal action, a seller of travel has the burden of producing evidence to establish any exception to the provisions of this chapter; and in a civil action, a seller of travel has the burden of proof to establish any exception to the provisions of this chapter. (c) Any action or proceeding to attack, review, set aside, void, change, or annul any decision, determination, or finding of the Attorney General or his or her delegate pursuant to Article 2.6 (commencing with Section 17550) or Article 2.7 (commencing with Section 17550.35) shall be in accordance with the provisions of Section 1094.5 of the Code of Civil Procedure. In such action or proceeding, the inquiry shall extend only to whether there was a prejudicial abuse of discretion. Abuse of discretion shall be found by the court only if the decision, determination, or finding was not supported by substantial evidence in light of the entire written record before the Attorney General or his or her delegate at the time the decision, determination, or finding was made. The record before the court shall be the same written record upon which the Attorney General or his or her delegate acted. (Added by Stats. 1994, Ch. 1123, Sec. 2. Effective January 1, 1995. Section operative January 1, 1995, pursuant to Section 17550.33 (later repealed).)
17550.19.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.6. Sellers of Travel [17550 - 17550.30] ( Article 2.6 added by Stats. 1994, Ch. 1123, Sec. 2. )
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This section sets penalties for violations in this article and requires sellers of travel to comply with related code sections and other applicable laws.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.6. Sellers of Travel [17550 - 17550.30] ( Article 2.6 added by Stats. 1994, Ch. 1123, Sec. 2. ) ## 17550.19. In addition to any civil penalties provided in this division, violation of this article is punishable as follows: (a) As a misdemeanor by a fine of not more than ten thousand dollars ($10,000), by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment for each violation. (b) In addition, any violation of Section 17550.14 or subdivision (b) or (c) of Section 17550.15 where money or real or personal property received or obtained by a seller of travel for transportation or travel services from any and all persons aggregates two thousand three hundred fifty dollars ($2,350) or more in any consecutive 12-month period, or the payment or payments by or on behalf of any one passenger exceeds in the aggregate nine hundred fifty dollars ($950) in any 12-month period, is punishable either as a misdemeanor or as a felony by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months, or two or three years, by a fine of not more than twenty-five thousand dollars ($25,000), or by both that fine and imprisonment for each violation. (c) In addition, any intentional use for any purpose of a false seller of travel registration number, with intent to defraud, by an unregistered seller of travel is punishable as a misdemeanor or felony as provided in this section. (d) Any violation of Section 17550.15 shall be a misdemeanor and shall be punished as provided in this section. Every act in violation of Section 17550.15 may be prosecuted as a separate and distinct violation and consecutive sentences may be imposed for each violation. (e) Sellers of travel shall also comply with Sections 17537, 17537.1, and 17537.2 of the Business and Professions Code and all other applicable laws. This section shall not be construed to preclude the applicability of any other provision of the criminal law of this state that applies or may apply to any transaction. (Amended by Stats. 2011, Ch. 15, Sec. 28. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
17550.195.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.6. Sellers of Travel [17550 - 17550.30] ( Article 2.6 added by Stats. 1994, Ch. 1123, Sec. 2. )
Verify source ↗

The Attorney General must immediately suspend a convicted seller of travel’s registration, and a person convicted of the specified felony cannot register as a seller of travel or participate in the Travel Consumer Restitution Fund for seven years.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.6. Sellers of Travel [17550 - 17550.30] ( Article 2.6 added by Stats. 1994, Ch. 1123, Sec. 2. ) ## 17550.195. (a) The Attorney General shall immediately suspend the registration of a seller of travel who has been convicted of a felony offense pursuant to Section 17550.19. (b) A person who has been convicted of a felony offense pursuant to Section 17550.19 is prohibited, for a period of seven years commencing on the date of his or her conviction, from registering as a seller of travel and from participating in the Travel Consumer Restitution Fund. (Added by Stats. 2006, Ch. 628, Sec. 5. Effective January 1, 2007.)
17550.2.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.6. Sellers of Travel [17550 - 17550.30] ( Article 2.6 added by Stats. 1994, Ch. 1123, Sec. 2. )
Verify source ↗

“Advertise” means making a representation when soliciting air or sea transportation, including communications within certain business entities.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.6. Sellers of Travel [17550 - 17550.30] ( Article 2.6 added by Stats. 1994, Ch. 1123, Sec. 2. ) ## 17550.2. “Advertise” means to make any representation in the solicitation of air or sea transportation, and includes communication with other members of the same partnership, corporation, joint venture, association, organization, group, or other entity. (Added by Stats. 1994, Ch. 1123, Sec. 2. Effective January 1, 1995. Section operative January 1, 1995, pursuant to Section 17550.33 (later repealed).)
17550.20.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.6. Sellers of Travel [17550 - 17550.30] ( Article 2.6 added by Stats. 1994, Ch. 1123, Sec. 2. )
Verify source ↗

Seller of travel businesses must register with the Attorney General at least 10 days before doing business in California and pay the required fees.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.6. Sellers of Travel [17550 - 17550.30] ( Article 2.6 added by Stats. 1994, Ch. 1123, Sec. 2. ) ## 17550.20. (a) (1) Not less than 10 days before doing business in this state, a seller of travel shall apply for registration with the office of the Attorney General by filing with the Consumer Protection Section the information required by Section 17550.21 and paying the following fees, as applicable: (A) A filing fee of one hundred dollars ($100) for each location from which the seller of travel conducts business. (B) A late fee of five dollars ($5) per day, up to a maximum of five hundred dollars ($500), for each day after the time specified by this section until the filing fee and the information required by Section 17550.21 are received. (2) A seller of travel may annually renew its registration by making the filing required by Section 17550.21 and paying the filing fees and late fees required by paragraph (1). (3) A registration shall not be issued, approved, or renewed until the late fee, the filing and late fees for each year the seller of travel operated without being registered, and any outstanding assessments due to the Travel Consumer Restitution Corporation as required by Sections 17550.43 and 17550.44 have been paid. (4) A seller of travel shall be deemed to do business in this state if the seller of travel solicits business from locations in this state regardless of the geographic location of the prospective purchaser including persons located outside of this state or the country or solicits prospective purchasers who are located in this state. (b) Registration shall be valid for one year from the effective date thereof shown on the registration issued by the office of the Attorney General. (c) Whenever, before expiration of a seller of travel’s annual registration, there is a material change in the information required by Section 17550.21, the seller of travel shall, within 10 days, file an addendum updating the information with the Consumer Protection Section of the office of the Attorney General. (d) (1) Not less than 10 days before the transfer or sale of any interest in a seller of travel, the selling or transferring owner shall file with the office of the Attorney General, Seller of Travel Program, a notice of encumbrance, sale, or transfer of ownership, using a form provided for that purpose by the office of the Attorney General. The notice shall provide the information required pursuant to subdivision (d) of Section 17550.21 as to each transferee. (2) Until the time the notice of encumbrance, sale, or transfer of ownership required in paragraph (1) is filed as required, the selling, encumbering, or transferring owner is responsible for all acts of and obligations imposed by law on the transferee sellers of travel to the same extent as they would have been responsible had there been no transfer, sale, or encumbrance. (e) (1) The office of the Attorney General shall suspend the registration of a seller of travel who does any of the following: (A) Fails to make any payment required pursuant to Article 2.7 (commencing with Section 17550.35). (B) Submits a check in payment of a registration fee or late fee required by this section that is not honored by the institution on which it is drawn. (C) Fails to provide the file number assigned by the Secretary of State or the Franchise Tax Board to the seller of travel, as required by subdivision (m) of Section 17550.21. (2) The Attorney General shall provide written notice to the seller of travel by first-class mail at the seller of travel’s place of business set forth in the registration statement that the seller of travel’s registration has been suspended until all fees that are due have been paid. The registration of the seller of travel shall be suspended until all such payments due have been collected. (f) The Attorney General may, at their discretion and subject to supervision by the Attorney General or their delegate, contract out all or any part of the processing of registrations required by this section. (g) This section does not apply to a person who is an individual, a single-member limited liability company whose sole member is an individual, or a single-shareholder “S” corporation whose sole shareholder is an individual, that meets all of the following: (1) Has a written contract with a registered seller of travel to act on that registered seller of travel’s behalf in offering or selling air or sea transportation and other travel goods or services in connection with the transportation. (2) Acts only on behalf of a registered seller of travel with whom the person has a written contract in the offer or sale to a passenger of air or sea transportation and other goods or services in connection with the transportation and sells no other air or sea transportation or travel services to that passenger. (3) Provides air or sea transportation or travel services that are offered or sold pursuant to the official agency appointment of the registered seller of travel with whom the person has a written contract. (4) Does not receive any consideration for air or sea transportation or other travel services from the passenger. (5) Requires the passenger to pay all consideration for air or sea transportation or other travel services directly to the air carrier or ocean carrier or to the registered seller of travel. (6) Discloses both of the following: (A) The person is acting on behalf of a registered seller of travel. (B) The name, address, telephone number, and registration number of the registered seller of travel on whose behalf the person is acting. The person shall make the disclosures required by this paragraph in writing to the passenger at the same time the passenger receives notice under Section 17550.13. If the person transacts business in this state on the internet, the disclosures also shall appear on the home page of the person’s internet website and shall be prominently set forth in the first electronic mail message sent to the passenger that refers to the passenger’s purchase of air or sea transportation or travel services. (h) Whenever the Attorney General determines that a registration application is accurate and complete, the application shall be processed and a registration certificate shall be issued to the seller of travel within 21 days. (Amended by Stats. 2024, Ch. 853, Sec. 7. (AB 3281) Effective January 1, 2025.)
17550.21.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.6. Sellers of Travel [17550 - 17550.30] ( Article 2.6 added by Stats. 1994, Ch. 1123, Sec. 2. )
Verify source ↗

Seller of travel filings must include specified business, ownership, trust account, and compliance information, and the filing must be verified by signed declarations.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.6. Sellers of Travel [17550 - 17550.30] ( Article 2.6 added by Stats. 1994, Ch. 1123, Sec. 2. ) ## 17550.21. Each filing pursuant to Section 17550.20 shall contain the following information: (a) The name or names of the seller of travel, including the name under which the seller of travel is doing or intends to do business, if different from the name of the seller of travel. (b) The seller of travel’s business form and place of organization and, if operating under a fictitious business name, the location where the fictitious name has been registered. If the seller of travel does business in California from one or more locations in this state but does not maintain its principal place of business in this state, the seller of travel shall state whether it meets the requirements of paragraph (16) of subdivision (e) of Section 17511.1. (c) The complete street address or addresses of all locations from which the seller of travel will be conducting business, including, but not limited to, locations at which telephone calls will be received from, or made to, passengers or other sellers of travel. The statement shall designate which location is the principal place of business. (d) The complete business and residential addresses and telephone numbers, the driver’s license number and state of issuance or equivalent personal identification, the social security number, and the date of birth of each owner and principal of the seller of travel. “Owner” means a person who owns or controls 10 percent or more of the equity of, or otherwise has claim to 10 percent or more of the net income of, a seller of travel. “Principal” means an owner, an officer of a corporation, a general partner of a partnership, or a sole proprietor of a sole proprietorship. (e) A statement as to whether the seller of travel, any owner, or principal, or any other seller of travel owned or managed by any owner or principal of the seller of travel, or the seller of travel itself has had entered against that person or entity any judgment, including a stipulated judgment, order, made a plea of nolo contendere, or been convicted of any criminal violation. The statement shall identify the person, the court or administrative agency rendering the judgment, order, or conviction, the docket number of the matter, and the date of the judgment, order, or conviction; where the judgment, order, or record of conviction is filed; and the nature of the case or judgment. This subdivision does not require disclosure of marital dissolution, child support, or child custody proceedings. (f) A copy of the travel certificates, if any, that are or will be sold, marketed, or distributed to any person or entity by the seller of travel. (g) The seller of travel shall file with the Attorney General a signed and dated statement providing the following: (1) The account number of each trust account required by this article. (2) The name and address of each financial institution at which the seller of travel maintains a trust account required by this article. (3) Any registration number issued to the seller of travel by the Airline Reporting Corporation or the International Association of Travel Agents Network. (4) A consent form consenting to the Attorney General, a district attorney, or their representatives obtaining directly from the Airlines Reporting Corporation, International Association of Travel Agents Network, a seller of transportation, provider of transportation, provider of travel services, and any financial institution where passenger funds have been deposited, any information related to an investigation of a seller of travel’s compliance with this section. The consent form shall be provided by the Attorney General. If a bond is maintained in lieu of the trust account, a copy of that bond shall be filed with the Attorney General. (h) A statement signed by each owner and principal granting permission to the office of the Attorney General to obtain from any financial institution or credit union at which any trust account required by Section 17550.15 is maintained, information relating to that trust account, as set forth in paragraph (2) of subdivision (f) of Section 17550.15. (i) The name, address, and telephone number of each person described in subdivision (g) of Section 17550.20 with whom the seller of travel contracts. (j) The name, address, and telephone number of the sole member or the sole shareholder of a limited liability company or “S” corporation described in subdivision (g) of Section 17550.20 with which the seller of travel contracts. (k) If at the time of registration renewal, no change has occurred to the information provided in the last filed complete registration statement and the permission described in subdivision (h) has not expired, the seller of travel may, instead of filing a registration statement containing the information required by subdivisions (a) to (j), inclusive, file a statement attesting to the continued accuracy of the information in the last filed complete registration statement. The attestation shall be in a form specified by the Attorney General and verified as described in subdivision (l). (l) The information required by this section shall be verified by a declaration signed and dated by each owner and principal of the seller of travel, or in the case of a registered seller of travel that does business in California, from one or more locations in California, and that meets the requirements of paragraph (16) of subdivision (e) of Section 17511.1, by a duly authorized officer of the corporation, under penalty of perjury pursuant to the laws of the State of California. The declaration shall specify the date and location of signing. Upon reregistration by a previously registered seller of travel, the information required by this section may be verified by the chief executive officer of a corporation, managing partner of a partnership, or manager of a limited liability company. (m) The file number assigned by the Secretary of State or the Franchise Tax Board to the seller of travel. (Amended by Stats. 2016, Ch. 517, Sec. 3. (AB 2106) Effective January 1, 2017.)
17550.22.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.6. Sellers of Travel [17550 - 17550.30] ( Article 2.6 added by Stats. 1994, Ch. 1123, Sec. 2. )
Verify source ↗

A registration application may not be accepted for filing if it is incomplete or contains false information.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.6. Sellers of Travel [17550 - 17550.30] ( Article 2.6 added by Stats. 1994, Ch. 1123, Sec. 2. ) ## 17550.22. No registration application shall be accepted for filing if it is incomplete or contains false information. (Added by Stats. 1994, Ch. 1123, Sec. 2. Effective January 1, 1995. Section operative January 1, 1995, pursuant to Section 17550.33 (later repealed).)
17550.23.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.6. Sellers of Travel [17550 - 17550.30] ( Article 2.6 added by Stats. 1994, Ch. 1123, Sec. 2. )
Verify source ↗

The Travel Consumer Restitution Corporation must notify the Attorney General when a qualifying California seller of travel is in compliance with Article 2.7. Certain registration applications must include proof of participation in a qualifying Deposit Plan or Escrow Plan, depending on which Section 17550.16 subdivision the seller relies on.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.6. Sellers of Travel [17550 - 17550.30] ( Article 2.6 added by Stats. 1994, Ch. 1123, Sec. 2. ) ## 17550.23. (a) The Travel Consumer Restitution Corporation shall notify the office of the Attorney General whenever a seller of travel with its principal place of business in California, which does business with persons located in California, is in compliance with Article 2.7 (commencing with Section 17550.35). (b) A registration application for a seller of travel who does not or intends not to comply with the requirements of Section 17550.15 because the seller of travel claims to meet the requirements of subdivision (b) of Section 17550.16 shall be accompanied by evidence that the seller of travel is a participant in a Consumer Protection Deposit Plan that meets the criteria set forth in subdivision (b) of Section 17550.16. (c) A registration application for a seller of travel who does not or intends not to comply with the requirements of Section 17550.15 because the seller of travel claims to meet the requirements of subdivision (c) of Section 17550.16 shall be accompanied by evidence that the seller of travel is a participant in a Consumer Protection Escrow Plan that meets the criteria set forth in subdivision (c) of Section 17550.16. (Amended by Stats. 1999, Ch. 83, Sec. 14. Effective January 1, 2000.)
17550.24.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.6. Sellers of Travel [17550 - 17550.30] ( Article 2.6 added by Stats. 1994, Ch. 1123, Sec. 2. )
Verify source ↗

The Attorney General must issue a separate registration number for each accepted registrant, and registered sellers of travel must display required registration information and disclosures in their business locations and advertising.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.6. Sellers of Travel [17550 - 17550.30] ( Article 2.6 added by Stats. 1994, Ch. 1123, Sec. 2. ) ## 17550.24. (a) The Attorney General or his or her delegate shall issue a separate registration number to each registrant whose registration is accepted. That registration number shall be valid for the period specified in subdivision (b) of Section 17550.20, unless revoked or suspended by the Attorney General or his or her delegate. Grounds for suspension or revocation include material misrepresentation in a registration application, or a failure to amend a registration as provided in subdivision (c) of Section 17550.20. (b) Any registration issued to a seller of travel who is required to comply with the provisions of Section 17550.15 shall set forth the number and location of the required trust account. (c) Any registration issued to a seller of travel who has complied with the requirements of subdivision (b) of Section 17550.23 shall state that the seller of travel claims an exemption from the requirements of Section 17550.15 pursuant to subdivision (b) of Section 17550.16. (d) Any registration issued to a seller of travel who has complied with the requirements of subdivision (c) of Section 17550.23 shall state that the seller of travel claims an exemption from the requirements of Section 17550.15 pursuant to subdivision (c) of Section 17550.16. (e) A registered seller of travel shall display a copy of its current registration certificate in a manner and place easily accessible to the public, in each location in which the seller of travel conducts its business, and shall provide a copy of its current registration upon request to any other registered seller of travel from whom it receives passenger funds in payment for transportation or travel services. (f) The registration number of the seller of travel shall be clearly and conspicuously displayed on all advertising materials offering for sale or soliciting the purchase of any air or sea transportation or travel services, including, but not limited to, any writings, or promotional materials of any kind which are advertised, displayed, or disseminated in any manner to any persons in California, or from California to any person elsewhere. A registered seller of travel that does business in California from one or more locations in California and that meets the requirements of paragraph (16) of subdivision (e) of Section 17511.1 shall display its registration number only on advertising materials that are produced or placed by its business locations within California or that make reference to specific business locations offering air or sea transportation or travel services. Wherever seller of travel, registered seller of travel, or similar terms are used in any advertising materials, they shall be accompanied by a statement which discloses, at least as prominently, that “registration as a seller of travel does not constitute approval by the State of California.” (Amended by Stats. 1998, Ch. 924, Sec. 14.5. Effective January 1, 1999.)
17550.25.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.6. Sellers of Travel [17550 - 17550.30] ( Article 2.6 added by Stats. 1994, Ch. 1123, Sec. 2. )
Verify source ↗

Certain sellers of travel must follow Article 2.7 or make specific disclosures about fund coverage, and some must disclose trust account or bond details.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.6. Sellers of Travel [17550 - 17550.30] ( Article 2.6 added by Stats. 1994, Ch. 1123, Sec. 2. ) ## 17550.25. (a) All sellers of travel who are participants shall comply with Article 2.7 (commencing with Section 17550.35) prior to engaging in those sales. (b) Any seller of travel that is not a participant who is doing business with persons located in California shall make a clear and conspicuous disclosure, both orally and in writing, that the seller of travel is not a participant in the Travel Consumer Restitution Fund. Any seller of travel doing business from any location in California with persons located outside California shall make a clear and conspicuous disclosure, both orally and in writing, that the transaction is not covered by the Travel Consumer Restitution Fund. Any seller of travel required by the provisions of this article to have a trust account or bond shall make a clear and conspicuous disclosure of the existence of the trust account or of the issuer and amount of the bond. (Added by Stats. 1994, Ch. 1123, Sec. 2. Effective January 1, 1995. Section operative January 1, 1996, pursuant to Section 17550.33 (later repealed).)
17550.26.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.6. Sellers of Travel [17550 - 17550.30] ( Article 2.6 added by Stats. 1994, Ch. 1123, Sec. 2. )
Verify source ↗

A person may sell a travel business discount program only if specific disclosure and purchaser-eligibility conditions are met, and sellers must keep and produce records on request.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.6. Sellers of Travel [17550 - 17550.30] ( Article 2.6 added by Stats. 1994, Ch. 1123, Sec. 2. ) ## 17550.26. (a) For the purposes of this section, “travel business discount program” means a membership, benefit program, identification card, identifying number, or other arrangement that identifies the purchaser of the travel business discount program as engaged in the travel business or otherwise qualified to receive discounts or reduced prices made available to persons involved in the travel business for transportation or any travel services. (b) A person may sell a travel business discount program if the following conditions are satisfied: (1) The represented discounts or reduced prices offered under the travel business discount program are not made generally available to the public. (2) The benefits and limitations of the travel business discount program are clearly and conspicuously disclosed to the purchaser, in writing, before any consideration is paid by the purchaser. (3) The sale is made only to a purchaser who is any of the following: (A) A duly registered seller of travel. (B) An owner or principal of a seller of travel listed on the seller of travel’s registration form. (C) An employee of a seller of travel who was paid at least five thousand dollars ($5,000) in compensation in the prior 12 months by that seller of travel. (D) A person described in subdivision (g) of Section 17550.20 who is listed on a seller of travel’s registration form and who was paid at least five thousand dollars ($5,000) in compensation in the prior 12 months by that seller of travel. (c) A seller of a travel business discount program shall maintain records in this state establishing that each purchaser satisfies one of the criteria described in paragraph (3) of subdivision (b) and shall produce those records for inspection and copying without charge at an office of the Attorney General within 10 calendar days of a written request by the Attorney General. (d) A seller of a travel business discount program shall comply with the requirements for discount buying services pursuant to Title 2.6 (commencing with Section 1812.100) of Part 4 of Division 3 of the Civil Code. (Added by Stats. 2006, Ch. 628, Sec. 7. Effective January 1, 2007.)
17550.27.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.6. Sellers of Travel [17550 - 17550.30] ( Article 2.6 added by Stats. 1994, Ch. 1123, Sec. 2. )
Verify source ↗

This section defines a seller of travel discount program and allows a seller to offer one only if multiple conditions are met, including registration, price and term limits, disclosures, refund rights, a minimum discount, written proof of travel commitments, a $100,000 surety bond, and compliance with related discount-buying rules.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.6. Sellers of Travel [17550 - 17550.30] ( Article 2.6 added by Stats. 1994, Ch. 1123, Sec. 2. ) ## 17550.27. (a) For the purposes of this section, the following terms shall have the following meanings: (1) “Seller of travel discount program” means a membership, benefit program, or other arrangement that purports to entitle the purchaser of the seller of travel discount program to future transportation or any travel services at a discount or reduced price or preferential treatment not made generally available to the public. Seller of travel discount program does not include a “travel business discount program” as defined in Section 17550.26. (2) “Seller” means any person who sells or offers for sale a seller of travel discount program but does not include any of the following: (A) Any person excluded from the definition of “seller of travel” under subdivision (b) of Section 17550.1. (B) An owner, developer, or operator of a time-share interest or time-share plan as described in subdivisions (x) and (z) of Section 11212 in connection with an offer as described in subdivision (o) of Section 11212 that complies with the Vacation Ownership and Time-Share Act of 2004 providing lodging at a time-share unit, including arranging transportation to the time-share unit. (C) An exchange company as described in subdivision (k) of Section 11212 in connection with arranging lodging at a time-share unit, including arranging transportation to the time-share unit. (D) A motor club subject to Part 5 (commencing with Section 12140) of Division 2 of the Insurance Code. (E) A nonprofit organization described in Section 501(c)(3) of the Internal Revenue Code that, according to a final ruling or determination by the Internal Revenue Service, is both exempt from taxation under Section 501(a) of the Internal Revenue Code and not a private foundation as defined in Section 509 of the Internal Revenue Code. An advance ruling or determination of tax-exempt or foundation status by the Internal Revenue Service does not meet the requirements of this paragraph. (F) An entity or a wholly owned subsidiary of an entity that maintains a tangible net equity exceeding five million dollars ($5,000,000) as reflected in an audited financial statement, prepared in accordance with generally accepted accounting principles, for the entity’s most recent fiscal year. (b) A seller may sell a seller of travel discount program if the following conditions are satisfied: (1) The seller is a duly registered seller of travel. (2) The annual charge for the seller of travel discount program does not exceed one hundred fifty dollars ($150). (3) The term of the seller of travel discount program does not exceed one year. The purchaser may renew participation in the program at the end of each term for a period not to exceed one year by affirmatively providing the seller with a written express request to renew. The seller may not seek or accept the purchaser’s authorization for an automatic renewal or the purchaser’s renewal request more than 60 days before the expiration of an annual term or more than 15 days before the expiration of a shorter term program. (4) The represented discounts or reduced prices offered under the seller of travel discount program are not made generally available to the public. (5) The purchaser has the right to cancel the purchaser’s participation in the seller of travel discount program and receive a full refund of all consideration paid for the pending term of the program at either of the following times: (A) Within five business days of purchasing or renewing the seller of travel discount program or receiving the disclosure required by paragraph (6), whichever is later. (B) At any time based on the seller’s misrepresentation or violation of this article. (6) The benefits and limitations of the seller of travel discount program and the purchaser’s cancellation rights described in paragraph (5) are clearly and conspicuously disclosed, in writing, before any consideration is paid by the purchaser. (7) The discounted or reduced price for any tour package, including transportation or any travel services, offered under the seller of travel discount program shall be at least 5 percent below the price that would have been paid by a purchaser without participation in the seller of travel discount program. (8) The seller may not offer to arrange transportation or any travel services for a specified price, time, or location unless the seller has written evidence of the commitment of the provider of transportation, lodging, or any travel services to provide those services at the price, time, and location specified. (9) The seller shall maintain a surety bond of one hundred thousand dollars ($100,000) issued by a surety company admitted to do business in this state. A copy of the bond shall be filed with the Secretary of State, with a copy provided to the Attorney General. The bond shall be in favor of the State of California for the benefit of purchasers of the seller of travel discount program harmed by a violation of this section, the seller’s misrepresentation or misapplication of funds, or the failure of the seller to comply with the terms of the seller of travel discount program. (10) The seller shall comply with the requirements for discount buying services pursuant to Title 2.6 (commencing with Section 1812.100) of Part 4 of Division 3 of the Civil Code. (Added by Stats. 2006, Ch. 628, Sec. 8. Effective January 1, 2007.)
17550.3.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.6. Sellers of Travel [17550 - 17550.30] ( Article 2.6 added by Stats. 1994, Ch. 1123, Sec. 2. )
Verify source ↗

This section defines “passenger” for this article.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.6. Sellers of Travel [17550 - 17550.30] ( Article 2.6 added by Stats. 1994, Ch. 1123, Sec. 2. ) ## 17550.3. “Passenger” is a person on whose behalf money or other consideration has been given or is to be given to another, including another member of the same partnership, corporation, joint venture, association, organization, group, or other entity, for air or sea transportation, other travel services, or both, for that person. (Amended by Stats. 1998, Ch. 924, Sec. 1. Effective January 1, 1999.)
17550.30.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.6. Sellers of Travel [17550 - 17550.30] ( Article 2.6 added by Stats. 1994, Ch. 1123, Sec. 2. )
Verify source ↗

This section creates the Travel Seller Fund, directs certain collections into it, and authorizes $395,000 from the fund for the Department of Justice.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.6. Sellers of Travel [17550 - 17550.30] ( Article 2.6 added by Stats. 1994, Ch. 1123, Sec. 2. ) ## 17550.30. (a) The Travel Seller Fund is hereby created in the State Treasury. All fines, penalties, and fees, including late fees, collected pursuant to this article, and any moneys collected for a violation of this article or Article 2.7 (commencing with Section 17550.35), shall be deposited in the fund, and the moneys in the fund may be expended only for the purposes specified in this article. (b) All moneys paid into the State Treasury and credited to the Travel Seller Fund shall be used by the Department of Justice in carrying out and enforcing the provisions of this article, including, but not limited to, the payment of salaries of Department of Justice personnel, contractors, or consultants, and the dissemination of information, including consumer education regarding this article and Article 2.7 (commencing with Section 17550.35). (c) The sum of three hundred ninety-five thousand dollars ($395,000) is hereby appropriated from the Travel Seller Fund to the Department of Justice for purposes of the Sellers of Travel Program established pursuant to Article 2.6 (commencing with Section 17550). (Amended by Stats. 2004, Ch. 183, Sec. 16. Effective January 1, 2005.)
17550.35.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.7. Travel Consumer Restitution Plan [17550.35 - 17550.58] ( Article 2.7 added by Stats. 1994, Ch. 1123, Sec. 3. )
Verify source ↗

“Restitution corporation” means the Travel Consumer Restitution Corporation.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.7. Travel Consumer Restitution Plan [17550.35 - 17550.58] ( Article 2.7 added by Stats. 1994, Ch. 1123, Sec. 3. ) ## 17550.35. “Restitution corporation” means the Travel Consumer Restitution Corporation. (Added by Stats. 1994, Ch. 1123, Sec. 3. Effective January 1, 1995.)
17550.36.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.7. Travel Consumer Restitution Plan [17550.35 - 17550.58] ( Article 2.7 added by Stats. 1994, Ch. 1123, Sec. 3. )
Verify source ↗

“Participant” means a registered seller of travel.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.7. Travel Consumer Restitution Plan [17550.35 - 17550.58] ( Article 2.7 added by Stats. 1994, Ch. 1123, Sec. 3. ) ## 17550.36. “Participant,” as used in this article, means a seller of travel, as defined in Section 17550.7, who is registered pursuant to Section 17550.20. (Added by Stats. 1994, Ch. 1123, Sec. 3. Effective January 1, 1995.)
17550.37.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.7. Travel Consumer Restitution Plan [17550.35 - 17550.58] ( Article 2.7 added by Stats. 1994, Ch. 1123, Sec. 3. )
Verify source ↗

A person aggrieved who files a claim for payment from the Travel Consumer Restitution Fund gives up the right to sue the seller of travel for the same transaction, unless the claim is denied on specified grounds.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.7. Travel Consumer Restitution Plan [17550.35 - 17550.58] ( Article 2.7 added by Stats. 1994, Ch. 1123, Sec. 3. ) ## 17550.37. (a) “Person aggrieved,” as used in this article, means a passenger, as defined in Section 17550.3, located in California at the time of sale, or a person located in California at the time of sale who made any payment on behalf of the passenger for air or sea transportation or travel services, who has sustained a loss as a result of the failure of a seller of travel to refund payments made by or on behalf of a passenger as payment for air or sea transportation or travel services, where a refund is due as a result of the bankruptcy, insolvency, cessation of operations, or material failure to provide the transportation or travel services purchased by the passenger, regardless of whether the passenger or a person making payment on behalf of the passenger initially contracted with that seller of travel. “Loss,” as used herein, shall be limited to losses that are incurred in a transaction with a seller of travel who, at the time of sale, was registered pursuant to Section 17550.20, and who had been a paid participant at any time during the period commencing with 18 months previous to the time of sale, and ending with the expiration of the applicable time period provided in law for the filing of a civil, administrative, or other available action under the law that is available to the person aggrieved. “Person aggrieved” shall not mean or include a passenger, or person making payment on behalf of a passenger, in a transaction where the air or sea transportation or travel services are furnished by a business entity that is located and providing transportation or travel services outside of the United States and is not in compliance with Article 2.6 (commencing with Section 17550). (b) Any person aggrieved who files a claim for payment from the Travel Consumer Restitution Fund thereby waives his or her right to bring any action at law or equity that is against the seller of travel as to whom the claim is made and arises from the transaction that is the subject of the claim against the restitution fund. The claim form required by Section 17550.46 shall include a clear and conspicuous notice of the waiver. (c) The waiver of rights provided for by subdivision (b) shall not apply to any claimant whose claim is denied on any of the following grounds, as set forth in the statement of decision required by subdivision (d) of Section 17550.47: (1) The seller of travel had not been a paid-up participant in the Travel Consumer Restitution Fund at any time during the period of time provided in subdivision (a). (2) The seller of travel was not, at the time of sale, registered pursuant to Section 17550.20. (3) The claimant was not located in California at the time of sale, as required by subdivision (a). (Amended by Stats. 2016, Ch. 517, Sec. 4. (AB 2106) Effective January 1, 2017.)
17550.38.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.7. Travel Consumer Restitution Plan [17550.35 - 17550.58] ( Article 2.7 added by Stats. 1994, Ch. 1123, Sec. 3. )
Verify source ↗

The Travel Consumer Restitution Corporation is meant to provide restitution to an aggrieved person, within the article’s limits, and it may ask the Attorney General’s office for legal counsel, representation, and advice.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.7. Travel Consumer Restitution Plan [17550.35 - 17550.58] ( Article 2.7 added by Stats. 1994, Ch. 1123, Sec. 3. ) ## 17550.38. (a) It is the purpose of the Travel Consumer Restitution Corporation to provide restitution to a person aggrieved, subject to the limitations set forth in this article. The restitution is secondary only to any relief, compensation, or reimbursement to which a person aggrieved may be entitled under any of the following: (1) A Consumer Protection Deposit Plan, as described in subdivision (b) of Section 17550.16. (2) A Consumer Protection Escrow Plan, as described in subdivision (c) of Section 17550.16. (3) Travel insurance. (4) The successful assertion by the person aggrieved of that person’s rights under Section 1747.50 or 1747.90 of the Civil Code or under Section 226.12 or 226.13 of Title 12 of the Code of Federal Regulations. (b) Nothing in this section shall be construed to require a person aggrieved to bring a civil action to obtain any relief, compensation, or reimbursement or to file a crime report with law enforcement in order to obtain payment from the restitution fund. (c) The restitution shall be paid from the Travel Consumer Restitution Fund established by the Travel Consumer Restitution Corporation. (d) The Travel Consumer Restitution Corporation may request legal counsel, representation, and advice from the office of the Attorney General. (Amended by Stats. 2006, Ch. 628, Sec. 10. Effective January 1, 2007.)
17550.39.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.7. Travel Consumer Restitution Plan [17550.35 - 17550.58] ( Article 2.7 added by Stats. 1994, Ch. 1123, Sec. 3. )
Verify source ↗

Participants must maintain a nonprofit mutual benefit corporation named “Travel Consumer Restitution Corporation.” The State of California and its personnel are not liable for acts or omissions of that corporation or its personnel.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.7. Travel Consumer Restitution Plan [17550.35 - 17550.58] ( Article 2.7 added by Stats. 1994, Ch. 1123, Sec. 3. ) ## 17550.39. (a) Participants shall maintain a corporation under the Nonprofit Mutual Benefit Corporation Law (Part 3 (commencing with Section 7110) of Division 2 of Title 1 of the Corporations Code) operating under the name “Travel Consumer Restitution Corporation.” (b) The State of California and any of its officers, agents, or employees shall not be liable in any manner for any act or omission of Travel Consumer Restitution Corporation, its directors, officers, agents, or employees. (Added by Stats. 1994, Ch. 1123, Sec. 3. Effective January 1, 1995.)
17550.4.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.6. Sellers of Travel [17550 - 17550.30] ( Article 2.6 added by Stats. 1994, Ch. 1123, Sec. 2. )
Verify source ↗

This section defines “air carrier” as a person transporter by air that operates under certain U.S. DOT or recognized foreign certifications.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.6. Sellers of Travel [17550 - 17550.30] ( Article 2.6 added by Stats. 1994, Ch. 1123, Sec. 2. ) ## 17550.4. An air carrier is a transporter by air of persons that operates under a certificate of convenience and necessity issued by the United States Department of Transportation or under the certification of a foreign government that is recognized by the United States Department of Transportation. (Amended by Stats. 2003, Ch. 196, Sec. 2. Effective January 1, 2004.)
17550.40.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.7. Travel Consumer Restitution Plan [17550.35 - 17550.58] ( Article 2.7 added by Stats. 1994, Ch. 1123, Sec. 3. )
Verify source ↗

Each participant must follow this article and obey the rules and decisions of the Travel Consumer Restitution Corporation adopted under it.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.7. Travel Consumer Restitution Plan [17550.35 - 17550.58] ( Article 2.7 added by Stats. 1994, Ch. 1123, Sec. 3. ) ## 17550.40. Each participant is required to comply with the provisions of this article and shall abide by the rules and decisions of the Travel Consumer Restitution Corporation adopted in accordance with this article. (Added by Stats. 1994, Ch. 1123, Sec. 3. Effective January 1, 1995.)
17550.41.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.7. Travel Consumer Restitution Plan [17550.35 - 17550.58] ( Article 2.7 added by Stats. 1994, Ch. 1123, Sec. 3. )
Verify source ↗

This section sets the membership and election rules for the Travel Consumer Restitution Corporation’s board and the nomination process for participant directors.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.7. Travel Consumer Restitution Plan [17550.35 - 17550.58] ( Article 2.7 added by Stats. 1994, Ch. 1123, Sec. 3. ) ## 17550.41. (a) The Board of Directors of the Travel Consumer Restitution Corporation shall be composed of six directors, as follows: (1) One public consumer representative member appointed by the Director of Consumer Affairs. (2) One employee of the Department of Justice, assigned by the office of the Attorney General, who shall serve as an ex officio, nonvoting member. (3) Four directors who are participants in the Travel Consumer Restitution Fund. (b) The director appointed pursuant to paragraph (1) of subdivision (a) shall serve until the appointment is revoked or another appointment is made, or until the director resigns. (c) Participant directors shall be elected by a balloting of all participants in the Travel Consumer Restitution Fund in an election to be conducted by the Travel Consumer Restitution Corporation in February of each year. Participant directors shall be elected to serve two-year terms, with two of the four participant directors being elected each year to staggered two-year terms. (d) A person is eligible to be nominated and to serve as a participant director if the person satisfies all of the following conditions: (1) The person’s primary occupation, at the time of nomination and continuously during the previous three years, has been as the owner or manager of a seller of travel that is and has been in good standing both as a registered seller of travel and as a participant in the Travel Consumer Restitution Fund. (2) The person has not been convicted of a crime, including a plea or verdict of guilty or a conviction following a plea of nolo contendere. (3) The person is not subject to a judgment or administrative order, whether entered after adjudication or stipulation, predicated on that person’s commission of an act of dishonesty, fraud, deceit, or violation of this chapter or Chapter 5 (commencing with Section 17200) of Part 2 of Division 7. (4) The person is not a defendant in a pending criminal or civil law enforcement action brought by a public prosecutor. (5) The person has not served as a participant director of the Travel Consumer Restitution Fund at any time during the previous 18 months. (6) Within five days after the end of the nomination period, the person nominated to be a director submits an application to the Travel Consumer Restitution Fund, signed under penalty of perjury, that attests to the person’s satisfaction of all of the conditions specified in paragraphs (1) to (5), inclusive. (e) The Travel Consumer Restitution Fund may not impose requirements for nomination to be a participant director in addition to the requirements described in subdivision (d). (f) If a nominee does not satisfy the requirements of subdivision (d), the Travel Consumer Restitution Fund shall notify the nominee and the Attorney General in writing, within 30 days of the nominee’s application, that the person has been rejected as a nominee and the specific grounds for the rejection. (g) The nomination period shall be open for the period beginning 90 days and ending 30 days before the election. Any participant may nominate for election any participant who is eligible to serve as provided in subdivision (d). (h) The Travel Consumer Restitution Fund shall enable nominees to submit, within 21 days before the election, written statements of up to 500 words in a reasonable format concerning their candidacy and shall mail those statements to participants in the Travel Consumer Restitution Fund and make those statements publicly available no later than 14 days before the election by means that may include disseminating the information on an Internet Web site or providing the information by electronic mail to any person who has requested the information and provided a valid electronic mail address. (i) A director who does not qualify to be a participant or who otherwise becomes unable to serve shall not continue to serve as director. The board of the Travel Consumer Restitution Corporation shall adopt rules setting forth the procedures to determine that a director is no longer able to serve as a director and for the board to elect a successor to serve as director until the next election. (Amended by Stats. 2003, Ch. 196, Sec. 10. Effective January 1, 2004.)
17550.42.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.7. Travel Consumer Restitution Plan [17550.35 - 17550.58] ( Article 2.7 added by Stats. 1994, Ch. 1123, Sec. 3. )
Verify source ↗

The Travel Consumer Restitution Corporation’s fiscal year must start on July 1 each year.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.7. Travel Consumer Restitution Plan [17550.35 - 17550.58] ( Article 2.7 added by Stats. 1994, Ch. 1123, Sec. 3. ) ## 17550.42. The fiscal year of the Travel Consumer Restitution Corporation shall commence on July 1 of each year. (Added by Stats. 1994, Ch. 1123, Sec. 3. Effective January 1, 1995.)
17550.42.5.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.7. Travel Consumer Restitution Plan [17550.35 - 17550.58] ( Article 2.7 added by Stats. 1994, Ch. 1123, Sec. 3. )
Verify source ↗

The Travel Consumer Restitution Corporation must publish certain yearly financial and governance information on time.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.7. Travel Consumer Restitution Plan [17550.35 - 17550.58] ( Article 2.7 added by Stats. 1994, Ch. 1123, Sec. 3. ) ## 17550.42.5. (a) Within 30 days of the close of the fiscal year or other reasonable period established by the board of directors, the Travel Consumer Restitution Corporation shall make publicly available a statement of the following information concerning the most recently concluded fiscal year: (1) The number of claims and approximate dollar amount of the claims received. (2) The total number of claims and total dollar amount of claims paid. (3) The approximate number and dollar amount of claims denied or abandoned. (4) The dollar balance in the restitution fund. (5) The amount of assessments received from participants and the operating and administrative costs and expenses of the corporation. (6) The number of new participants and the amount of assessments received from them. (b) The Travel Consumer Restitution Corporation shall make publicly available within 15 days of the board of directors’ approval, or other reasonable period established by the board of directors, the following information: (1) The approved minutes of meetings of the board of directors. (2) The approved estimated annual operational budget projecting the costs of operations and administration for the succeeding fiscal year, excluding the amount to be paid for claims. (3) The approved bylaws, as amended, of the Travel Consumer Restitution Corporation. (c) Information may be made publicly available as required by this section by disseminating the information on an Internet Web site or providing the information by electronic mail to any person who has requested the information and provided a valid electronic mail address. (Added by renumbering Section 17550.42 (as added by Stats. 2003, Ch. 196, Sec. 11) by Stats. 2015, Ch. 303, Sec. 17. (AB 731) Effective January 1, 2016.)
17550.43.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.7. Travel Consumer Restitution Plan [17550.35 - 17550.58] ( Article 2.7 added by Stats. 1994, Ch. 1123, Sec. 3. )
Verify source ↗

The Travel Consumer Restitution Corporation must maintain an operations fund and restitution fund, and participants must pay specified assessments when they make their initial assessment payment.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.7. Travel Consumer Restitution Plan [17550.35 - 17550.58] ( Article 2.7 added by Stats. 1994, Ch. 1123, Sec. 3. ) ## 17550.43. (a) The Travel Consumer Restitution Corporation shall establish and maintain an operations fund for the payment of costs of operations and administration. The corporation shall prepare, before its fiscal year end, an estimated annual operational budget projecting the costs of operations and administration for the succeeding fiscal year, excluding the amount paid for claims. (b) (1) All participants making their initial payment of assessments shall pay to the Travel Consumer Restitution Corporation an initial, one-time seventy-five dollar ($75) assessment per location from which the participant does business in the state in order to provide additional funding for the operations of the corporation, as those operations are authorized by the corporation’s board of directors. (2) All participants making their initial payment of assessments shall pay to the Travel Consumer Restitution Corporation an initial, one-time two hundred dollar ($200) assessment per location from which the participant does business in this state in order to provide additional funding for the restitution fund. (c) All participants who were sellers of travel in any year, and who did not pay a Travel Consumer Restitution Corporation assessment in that year shall, when making a payment of assessment in a subsequent year, pay the Travel Consumer Restitution Corporation all assessments for the operations of the corporation and the restitution fund for the years in which they were in business as were billed and paid by participants in those years. (d) The Travel Consumer Restitution Corporation shall establish a restitution fund for the payment of claims. All claims shall be paid from the restitution fund. (1) The restitution fund shall be in the form of a trust account maintained in the State of California with a federally insured bank that shall be selected by the Board of Directors of the Travel Consumer Restitution Corporation and shall be approved by the office of the Attorney General. The Board of Directors of the Travel Consumer Restitution Corporation or its delegate shall serve as trustee. (2) The restitution fund shall meet the following criteria: (A) The trustee shall deposit all restitution funds received into the trust account. (B) The trustee shall maintain a separate accounting for disbursements and collections on account of claims against each participant. Quarterly reports shall be provided to the office of the Attorney General, Consumer Protection Section. (C) The trustee shall disburse funds from the trust as directed by the Travel Consumer Restitution Corporation pursuant to Section 17550.47. (D) The trustee may only invest the operations fund and trust funds in any of the securities described in subdivision (a) or (b) of Section 16430 of the Government Code. (Amended by Stats. 2024, Ch. 853, Sec. 8. (AB 3281) Effective January 1, 2025.)
17550.44.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.7. Travel Consumer Restitution Plan [17550.35 - 17550.58] ( Article 2.7 added by Stats. 1994, Ch. 1123, Sec. 3. )
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The corporation must bill and collect annual participant assessments, and participants must pay them on the stated due dates. Late payment triggers a $5-per-day late fee up to $500.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.7. Travel Consumer Restitution Plan [17550.35 - 17550.58] ( Article 2.7 added by Stats. 1994, Ch. 1123, Sec. 3. ) ## 17550.44. (a) In addition to the assessments required by Section 17550.43, the Travel Consumer Restitution Corporation shall bill and collect from each participant an annual assessment that in the aggregate shall consist of assessments for the operations fund and the restitution fund. For each participant, the due date of that annual assessment shall be 30 days prior to the annual renewal date for registration pursuant to Section 17550.20 or 45 days after billing, whichever is later. For a participant registering for the first time, the assessments required by Section 17550.43 shall be due 10 days prior to the seller of travel doing business in this state. A late fee of five dollars ($5) per day, up to a maximum of five hundred dollars ($500), shall be paid for each day after the due date specified in this section until the assessment is paid. (b) The annual assessment for the operations fund shall be determined no later than January 15 of each year for the next fiscal year in an amount that does not exceed the amount necessary to fund the operations and administration of the corporation, based upon the annual operational budget required by subdivision (a) of Section 17550.43, and shall become effective immediately. The annual assessment for the operations fund shall not exceed thirty-five dollars ($35) per year for each location in the state from which a participant does business. (c) If, as of January 15 of any year, the balance in the restitution fund is less than one million six hundred thousand dollars ($1,600,000), the Travel Consumer Restitution Corporation shall make an assessment of participants, up to a maximum amount of two hundred dollars ($200) for each location in the state from which a participant does business, to bring the restitution fund to an expected balance of one million six hundred thousand dollars ($1,600,000). Every participant’s assessment shall be determined pro rata based upon the ratio of the number of locations in the state from which the participant does business to the total number of locations for all participants as of the preceding December 15. (d) If, on May 1 or October 15 of any year, the balance in the restitution fund is less than nine hundred thousand dollars ($900,000), the corporation shall make an emergency assessment of participants, not more than twice per year, up to a maximum amount of one hundred fifty dollars ($150) per year for each location in the state from which the participant does business, for deposit in the trust account to return the level of the restitution fund to an expected balance of one million six hundred thousand dollars ($1,600,000). The corporation shall estimate the total cost of billing, collecting, and processing the emergency restitution fund assessment and shall assess and collect, together with the emergency restitution fund assessment, an emergency operations fund assessment that is in the aggregate sufficient to offset the estimated cost. Each participant’s assessments shall be determined pro rata based upon the ratio of the number of locations in the state from which the participant does business to the total number of locations for all participants as of the first day of the preceding month. The board of directors shall adopt rules for the notification of emergency assessments. (e) In addition to the assessments required by Section 17550.43 and subdivision (d), if at any time during the fiscal year the board of directors of the Travel Consumer Restitution Corporation determines that the operations fund will be insufficient to pay the costs of operations and administration for the current or next fiscal year, the corporation, as determined by the board of directors, shall do either or both of the following: (1) Make an emergency assessment of participants, not more than once per fiscal year, up to a maximum amount of sixty-five dollars ($65) per year for each location in the state from which a participant does business. The emergency assessment may be billed and collected either on an emergency basis from all participants upon the making of the assessment, or in conjunction with each participant’s annual assessment pursuant to subdivision (a). (2) Transfer any or all interest earned on the Restitution Fund to the Operations Fund, provided that no transfer results in a restitution fund balance of less than one million two hundred thousand dollars ($1,200,000). (f) The assessment required by subdivision (d) or (e) shall be due 45 days from the date the bill for that assessment is sent to the seller of travel by the Travel Consumer Restitution Corporation. A late fee of five dollars ($5) per day, up to a maximum of five hundred dollars ($500), shall be paid for each day after the due date specified in this section until the assessment is paid. (g) The Travel Consumer Restitution Fund shall report to the office of the Attorney General each levy of assessment within 10 business days after the levy. (Amended by Stats. 2015, Ch. 253, Sec. 2. (AB 1107) Effective January 1, 2016.)
17550.45.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.7. Travel Consumer Restitution Plan [17550.35 - 17550.58] ( Article 2.7 added by Stats. 1994, Ch. 1123, Sec. 3. )
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If an assessment is unpaid for 60 days after its due date, the corporation must notify the Attorney General and give the participant a copy; the Attorney General must then suspend that participant’s registration. The corporation or certain other entities may sue to collect the unpaid assessment, and the corporation can recover costs and reasonable attorney’s fees if it wins.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.7. Travel Consumer Restitution Plan [17550.35 - 17550.58] ( Article 2.7 added by Stats. 1994, Ch. 1123, Sec. 3. ) ## 17550.45. (a) If any assessment is not paid within 60 days of the due date, then the corporation shall notify the office of the Attorney General, which shall forthwith suspend the registration of the participant who has not paid. The corporation shall provide a copy of this notification to the participant. (b) The Travel Consumer Restitution Corporation or any entity set forth in Section 17204 may bring an action at law or in equity against a participant to recover any unpaid assessment. (c) The Travel Consumer Restitution Corporation shall be awarded costs and reasonable attorney’s fees if it prevails in any action against a participant pursuant to subdivision (b). Those costs and attorney’s fees shall be awarded as an item of costs, as provided for in paragraph (10) of subdivision (a) and paragraph (5) of subdivision (c) of Section 1033.5 of the Code of Civil Procedure. (Added by Stats. 1994, Ch. 1123, Sec. 3. Effective January 1, 1995.)
17550.46.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.7. Travel Consumer Restitution Plan [17550.35 - 17550.58] ( Article 2.7 added by Stats. 1994, Ch. 1123, Sec. 3. )
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The Attorney General or delegate must approve claim forms for restitution claims, and claimants must provide enough information, explain any missing required information, and sign under penalty of perjury.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.7. Travel Consumer Restitution Plan [17550.35 - 17550.58] ( Article 2.7 added by Stats. 1994, Ch. 1123, Sec. 3. ) ## 17550.46. (a) The Attorney General or his or her delegate shall approve any claim form which shall be provided to a person aggrieved by the Travel Consumer Restitution Corporation to be submitted by a person aggrieved in order to obtain payment from the restitution fund. The claim form shall require the person aggrieved to provide the corporation with information which is sufficient to decide whether payment is to be made to that person. The information must include all of the following: (1) The name, address, and telephone number of the person aggrieved. (2) The date, form, and amount of each payment and evidence thereof. (3) The amount of the claim and specific basis therefor. (4) Any written agreements, correspondence, or other documentation relevant to the transaction and to the transportation or travel services which were purchased and not provided. (5) Identification of the transportation or travel services which were purchased and not provided. (6) Description of any payment or reimbursement or alternative transportation or travel services received by the person aggrieved for the transportation or purchased travel services which were not provided. (b) If any required information is unavailable to the person aggrieved, the person shall so state in the claim form, explaining why the information is unavailable. The corporation may require any other additional information as may be necessary to decide the claim. Failure to provide any required information or documentation or an adequate explanation as to why the information is unavailable shall constitute grounds for denial of a claim. (c) The person aggrieved who submits a claim form shall sign the form stating, under penalty of perjury pursuant to the laws of the State of California, that the information contained in the form and any statements by the person making the claim submitted therewith are true and correct. (Amended by Stats. 1998, Ch. 924, Sec. 24. Effective January 1, 1999.)
17550.47.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.7. Travel Consumer Restitution Plan [17550.35 - 17550.58] ( Article 2.7 added by Stats. 1994, Ch. 1123, Sec. 3. )
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People with qualifying travel-related losses may file a claim, pay the required fee, and follow strict deadlines and appeal steps.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.7. Travel Consumer Restitution Plan [17550.35 - 17550.58] ( Article 2.7 added by Stats. 1994, Ch. 1123, Sec. 3. ) ## 17550.47. (a) (1) Any person aggrieved who suffers a loss of more than fifty dollars ($50) of amounts paid for air or sea transportation or travel services may file a claim with the Travel Consumer Restitution Corporation by filing a claim form as required by Section 17550.46 and paying, by check or money order, a processing fee to the Travel Consumer Restitution Corporation in the amount of thirty-five dollars ($35). Any check for the processing fee that is returned unpaid to the corporation by the financial institution upon which it is drawn shall be returned to the claimant and the claim shall be rejected for filing. Any claimant whose claim is rejected may resubmit his or her claim upon payment of a processing fee of fifty dollars ($50). (2) Any processing fee required by paragraph (1) shall be nonrefundable except where (A) a claim is denied on the basis as set forth in the statement of decision that either the seller of travel, at the time of sale, was not a participant in the Travel Consumer Restitution Fund or the seller of travel was not registered, or (B) the claim is granted in whole or in part. In either case, the processing fee shall be refunded to the person aggrieved upon denial or upon payment of the claim, whichever is applicable. (3) In no event shall a person aggrieved have more than one year after the scheduled date of completion of travel within which to file a claim with the Travel Consumer Restitution Fund. (b) A person aggrieved may recover from the Travel Consumer Restitution Fund an amount not to exceed fifteen thousand dollars ($15,000) per person aggrieved, not to exceed the amount paid to the participant by or on behalf of the person aggrieved for the transportation or travel services. Payments from the restitution fund shall be limited to restitution for sums paid for transportation or travel services and shall not include any other amounts, including, but not limited to, payment for lost wages, pain and suffering, emotional distress, travel insurance, lost luggage, or any consequential damages. The person aggrieved shall not be entitled to receive attorney’s fees in connection with a filed claim or on appeal. (c) All claims are to be decided on the written record before the corporation, with no hearing to be held. The record shall consist of a fully executed and complete claim form, any other documentation submitted by the claimant or the participant, and any documents or reports submitted by staff or the designated representative of the office of the Attorney General. Claims are to be decided within 45 days of receipt unless (1) the designated representative of the office of the Attorney General requests a continuance to obtain and submit information, or (2) the Travel Consumer Restitution Corporation determines that additional information or documentation is required to decide the claim. In either case, the claim shall be decided within 45 days of receipt of all additional information or documentation. A claim not decided timely shall be deemed granted. (d) Whenever the Travel Consumer Restitution Corporation denies a claim in whole or in part, it shall provide to the claimant a written statement of decision setting forth the factual and legal basis for the denial. (e) A claimant may request reconsideration of an adverse decision of the Travel Consumer Restitution Corporation by mailing a written request, accompanied by a processing fee of fifty dollars ($50) paid by check or money order, within 20 days of the date a notice of denial and statement of decision was mailed to the claimant. Any check for the processing fee that is returned unpaid to the Travel Consumer Restitution Corporation by the financial institution upon which it is drawn shall be returned to the claimant and the request for reconsideration shall not be determined until the claimant has paid the fifty dollar ($50) processing fee. (f) The Travel Consumer Restitution Corporation shall, within 60 days of receipt of the request, either decide the request or advise the claimant that additional information or documentation is needed, and, if the decision is a denial in whole or in part, it shall provide to the claimant and seller of travel a written statement of decision setting forth the factual and legal basis for the decision. No appeal may be taken pursuant to subdivision (g) until reconsideration has been requested and decided. The claimant shall not be entitled to any attorney’s fees incurred in connection with presentation of a claim or request for reconsideration. (g) No decision of the Travel Consumer Restitution Corporation granting or denying a claim in whole or part shall be subject to review or appeal except as provided in this section. A claimant may seek review of the denial, in whole or part, of a claim by filing a notice of appeal after having served the notice by mail on the Travel Consumer Restitution Corporation. The notice of appeal shall be filed and served on the Travel Consumer Restitution Corporation not later than 30 days after a written statement of decision on a request for reconsideration has been mailed to the claimant. The notice of appeal from a decision of the Travel Consumer Restitution Corporation shall be filed with the clerk of the superior court either in the county in which the principal place of business of the Travel Consumer Restitution Corporation is located, or in the county in which the claimant was a resident at the time the claimant purchased the transportation or travel services in dispute. (h) The claimant shall pay the same filing fee as is required for appeals from small claims court. The Travel Consumer Restitution Corporation shall file its response and the record of the claim before the corporation with the clerk of the superior court within 30 days of the day the notice of appeal was served on the Travel Consumer Restitution Corporation. (i) Upon the filing of the record the clerk of the court shall schedule a hearing for the earliest available time and shall mail written notice of the hearing at least 14 days prior to the time set for the hearing. (j) The hearing on appeal shall be limited to the record before the Travel Consumer Restitution Corporation and any relevant evidence that could not have been with reasonable diligence submitted previously to the corporation. The reviewing court shall affirm the decision if it is supported by substantial evidence in light of the entire record. The pretrial discovery procedures described in Section 2019.010 of the Code of Civil Procedure are not permitted, there is no right to trial by jury, and the decision of the superior court shall be appealable by either party. No money may be claimed from or paid by the Travel Consumer Restitution Fund except in accordance with the provisions and procedures set forth in this article. No provision herein shall limit or otherwise affect those remedies as may be available against persons or entities other than the Travel Consumer Restitution Corporation. (k) If the claimant prevails in whole or in part on an appeal, the claimant shall not be entitled to an award in excess of the amount of the original claim. (l) Any claim awarded by the corporation shall be paid promptly by the trustee of the restitution fund when the time for appeal has passed. Any judgment on appeal shall be paid promptly by the trustee of the restitution fund whenever the judgment becomes final. If there should be insufficient funds to pay a claim when otherwise due, claims shall be paid in the order received. If the Travel Consumer Restitution Corporation ceases to operate pursuant to the terms of Section 17550.52, any remaining trust funds shall be allocated on a pro rata basis to claims accruing prior to the corporation ceasing to operate, after payment of outstanding debts and liabilities as provided in Section 17550.57. (m) A claim shall require a majority of at least three affirmative votes for denial, otherwise it shall be deemed granted. (n) (1) A director shall not participate in the decision of a claim if the director has a financial interest in the outcome of the decision, has a financial interest in or is employed by the seller of travel that is the subject of the claim, or has any familial relationship or close personal friendship with either the claimant or any owner, officer, director, or manager of the seller of travel that is the subject of the claim. (2) The director shall disclose to the other directors before a claim is considered all matters that disqualify the director from participating in the decision of the claim as described in paragraph (1). (Amended by Stats. 2004, Ch. 182, Sec. 3. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
17550.48.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.7. Travel Consumer Restitution Plan [17550.35 - 17550.58] ( Article 2.7 added by Stats. 1994, Ch. 1123, Sec. 3. )
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If a person is paid from the restitution fund, they must assign related recovery rights to the corporation and do whatever is needed to carry out the section; the corporation may decide whether to seek recovery.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.7. Travel Consumer Restitution Plan [17550.35 - 17550.58] ( Article 2.7 added by Stats. 1994, Ch. 1123, Sec. 3. ) ## 17550.48. Any person aggrieved who recovers from the fund shall assign to the Travel Consumer Restitution Corporation all rights of recovery, to a maximum of the amount received from the Travel Consumer Restitution Fund, against any person or organization from which the person aggrieved received any payment as compensation for any loss for which restitution was paid from the Travel Consumer Restitution Fund. The person aggrieved shall execute and deliver to the corporation instruments and papers and perform any other acts necessary to carry out this section. The corporation shall have the authority and discretion to determine whether or not to seek recovery. (Added by Stats. 1994, Ch. 1123, Sec. 3. Effective January 1, 1995.)
17550.49.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.7. Travel Consumer Restitution Plan [17550.35 - 17550.58] ( Article 2.7 added by Stats. 1994, Ch. 1123, Sec. 3. )
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If restitution fund money is paid on a claim, the corporation must notify the Attorney General and keep a record of paid claims. The corporation may decide whether to recover the paid amounts from a seller of travel, and if it does, it can recover reasonable expenses and 9% yearly interest.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.7. Travel Consumer Restitution Plan [17550.35 - 17550.58] ( Article 2.7 added by Stats. 1994, Ch. 1123, Sec. 3. ) ## 17550.49. If the Travel Consumer Restitution Corporation directs that payment be made from the restitution fund in any amount in response to a claim against a participant, the corporation shall inform the office of the Attorney General and shall maintain a record of all claims paid from the fund. A list of those sellers of travel on whose account payment has been made from the fund shall be provided upon written request. The corporation shall have the authority and discretion to determine whether or not to seek recovery from a seller of travel of any amounts paid from the fund. The corporation may seek that recovery by any lawful means, including, but not limited to, debt collection or civil litigation. If the corporation seeks recovery, it shall be entitled to collect from any seller of travel against which action is taken all reasonable expenses incurred in taking the action, including attorney’s fees. The corporation shall also be entitled to interest at the rate of 9 percent per year on the amount paid from the fund, together with all expenses and costs incurred by the corporation in connection with the claim. (Amended by Stats. 1997, Ch. 790, Sec. 12. Effective January 1, 1998.)
17550.5.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.6. Sellers of Travel [17550 - 17550.30] ( Article 2.6 added by Stats. 1994, Ch. 1123, Sec. 2. )
Verify source ↗

This section defines “ticket or voucher” for travel sales.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.6. Sellers of Travel [17550 - 17550.30] ( Article 2.6 added by Stats. 1994, Ch. 1123, Sec. 2. ) ## 17550.5. “Ticket or voucher” means a writing that is itself good and sufficient to obtain the entire air or ocean transportation, or travel services, which the passenger has purchased. (Amended by Stats. 1998, Ch. 924, Sec. 2. Effective January 1, 1999.)
17550.50.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.7. Travel Consumer Restitution Plan [17550.35 - 17550.58] ( Article 2.7 added by Stats. 1994, Ch. 1123, Sec. 3. )
Verify source ↗

The Travel Consumer Restitution Corporation and its directors, officers, employees, and agents are protected from personal liability and lawsuits based on a decision to deny a claim for payment from the restitution fund.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.7. Travel Consumer Restitution Plan [17550.35 - 17550.58] ( Article 2.7 added by Stats. 1994, Ch. 1123, Sec. 3. ) ## 17550.50. There shall be no personal liability on the part of and no cause of action of any nature shall arise against the Travel Consumer Restitution Corporation or the directors, officers, employees, or agents of the Travel Consumer Restitution Corporation on any decision to deny a claim for payment from the restitution fund. (Added by Stats. 1994, Ch. 1123, Sec. 3. Effective January 1, 1995.)
17550.51.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.7. Travel Consumer Restitution Plan [17550.35 - 17550.58] ( Article 2.7 added by Stats. 1994, Ch. 1123, Sec. 3. )
Verify source ↗

The Travel Consumer Restitution Corporation is not liable for consequential or punitive damages when carrying out its restitution function.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.7. Travel Consumer Restitution Plan [17550.35 - 17550.58] ( Article 2.7 added by Stats. 1994, Ch. 1123, Sec. 3. ) ## 17550.51. The Travel Consumer Restitution Corporation shall not be liable for any consequential damages, or for any punitive damages, in connection with the performance of its restitution function. (Added by Stats. 1994, Ch. 1123, Sec. 3. Effective January 1, 1995.)
17550.52.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.7. Travel Consumer Restitution Plan [17550.35 - 17550.58] ( Article 2.7 added by Stats. 1994, Ch. 1123, Sec. 3. )
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The Attorney General or a delegate may find that the Travel Consumer Restitution Corporation has failed or stopped operating if any listed condition is met.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.7. Travel Consumer Restitution Plan [17550.35 - 17550.58] ( Article 2.7 added by Stats. 1994, Ch. 1123, Sec. 3. ) ## 17550.52. The Attorney General or his or her delegate may determine that the Travel Consumer Restitution Corporation has failed or ceased to operate upon a finding that any one of the following has occurred with respect to the corporation: (a) Was not created. (b) Has been dissolved. (c) Has ceased to operate. (d) Is insolvent or been the subject of an order for relief in bankruptcy. (e) Has failed to pay its operating costs. (f) Has failed to pay any claim or judgment in a timely manner. (g) Has violated its articles of incorporation or any law of this state. (h) Has invested its funds in violation of this article. (i) Has not levied assessments as required by this article. (j) Has not diligently decided upon a claim made by a person aggrieved. (k) Has violated any section of this article. (l) Has neglected or refused to submit its books, papers, and affairs to the inspection of the office of the Attorney General. (Amended by Stats. 2009, Ch. 500, Sec. 5. (AB 1059) Effective January 1, 2010.)
17550.53.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.7. Travel Consumer Restitution Plan [17550.35 - 17550.58] ( Article 2.7 added by Stats. 1994, Ch. 1123, Sec. 3. )
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The corporation may investigate claims, inspect a participant’s records, and take certain steps to evaluate claims; participants must make needed records available, and unauthorized use of obtained information is a misdemeanor.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.7. Travel Consumer Restitution Plan [17550.35 - 17550.58] ( Article 2.7 added by Stats. 1994, Ch. 1123, Sec. 3. ) ## 17550.53. (a) The Travel Consumer Restitution Corporation shall have independent authority to investigate claims filed by persons aggrieved pursuant to Section 17550.47. (b) The corporation, upon the request of the office of the Attorney General, may participate in an examination or investigation of the books and records of a participant for the purpose of evaluating a claim related to that seller of travel. There shall be no liability on the part of, and no cause of action of any nature shall arise against, the State of California or any of its employees, agents, or representatives for the release of any information furnished to the Travel Consumer Restitution Corporation pursuant to this subdivision or in connection with the investigation or review of any claim. (c) With the consent of a majority of its directors, the corporation, in order to fulfill its obligations under this article, may appoint an independent certified public accountant or public accountant or hire or appoint a specialized committee or employees to conduct an examination or investigation authorized by this section. Any reports as a result thereof shall be furnished to the office of the Attorney General. (d) To assist the corporation in evaluating a claim related to a participant, the participant shall provide or make available for inspection by the corporation those books, accounts, bank account records, and files which are necessary for the corporation to evaluate the claim. (e) The corporation, any participant, an agent of the corporation or any person other than a law enforcement agency who uses information obtained under this section for any purpose not authorized in this article or Article 2.6 (commencing with Section 17550) is guilty of a misdemeanor. (f) Costs and expenses for any examination under this section shall be paid for by the participant if a claim directly related to that seller of travel has been approved and payment has been made to a person aggrieved. The corporation may maintain an action for recovery of these examination costs and expenses in any court of competent jurisdiction, and shall recover its reasonable costs and attorney’s fees as an item of costs, as provided for in paragraph (10) of subdivision (a) and paragraph (5) of subdivision (c) of Section 1033.5 of the Code of Civil Procedure. (Amended by Stats. 1998, Ch. 924, Sec. 27. Effective January 1, 1999.)
17550.54.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.7. Travel Consumer Restitution Plan [17550.35 - 17550.58] ( Article 2.7 added by Stats. 1994, Ch. 1123, Sec. 3. )
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The Secretary of State may not file the corporation’s articles or amendments unless the Attorney General has given written approval, and the corporation may not adopt bylaws or bylaw amendments without the Attorney General’s written consent.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.7. Travel Consumer Restitution Plan [17550.35 - 17550.58] ( Article 2.7 added by Stats. 1994, Ch. 1123, Sec. 3. ) ## 17550.54. (a) The Secretary of State shall not file articles for the incorporation of the Travel Consumer Restitution Corporation or an amendment to the articles unless the office of the Attorney General has issued written approval of the articles or amendment. (b) The Travel Consumer Restitution Corporation shall not adopt any bylaws or amendments thereto without the written consent of the office of the Attorney General. If the office of the Attorney General does not approve or disapprove any bylaws or amendments within 60 days of receipt, such bylaws or amendments shall be deemed to be approved. (Added by Stats. 1994, Ch. 1123, Sec. 3. Effective January 1, 1995.)
17550.55.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.7. Travel Consumer Restitution Plan [17550.35 - 17550.58] ( Article 2.7 added by Stats. 1994, Ch. 1123, Sec. 3. )
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The Insurance Code does not apply to the Travel Consumer Restitution Corporation.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.7. Travel Consumer Restitution Plan [17550.35 - 17550.58] ( Article 2.7 added by Stats. 1994, Ch. 1123, Sec. 3. ) ## 17550.55. No provision of the Insurance Code shall apply to the Travel Consumer Restitution Corporation. (Added by Stats. 1994, Ch. 1123, Sec. 3. Effective January 1, 1995.)
17550.56.
## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.7. Travel Consumer Restitution Plan [17550.35 - 17550.58] ( Article 2.7 added by Stats. 1994, Ch. 1123, Sec. 3. )
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The Travel Consumer Restitution Corporation is subject to Attorney General review, and the Attorney General may investigate and inspect its affairs and records.

## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.7. Travel Consumer Restitution Plan [17550.35 - 17550.58] ( Article 2.7 added by Stats. 1994, Ch. 1123, Sec. 3. ) ## 17550.56. The operation of the Travel Consumer Restitution Corporation shall at all times be subject to the examination and review of the office of the Attorney General and its duly designated representatives. The office of the Attorney General and its duly designated representatives may at any time investigate the affairs and examine the books, accounts, record, and files used by the corporation. The office of the Attorney General and its duly designated representatives shall have free access to the offices, books, accounts, papers, records, files, safes, and vaults of the corporation. (Added by Stats. 1994, Ch. 1123, Sec. 3. Effective January 1, 1995.)

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