DIVISION 7. GENERAL BUSINESS REGULATIONS [16000. - 18107.]
Division 7 added by Stats. 1941, Ch. 61.
§§ 16000–18107 · 475 sections
PART 1. LICENSING FOR REVENUE AND REGULATION §§ 16000–16550.2 · 48 sections
CHAPTER 1. Licensing by Cities §§ 16000–16005 · 17 sections
- § 16000 (a) The legislative body of an incorporated city may, in the exercise of its police power, and for the purpose of regulation, as herein provided, and not…
- § 16000.1 (a) (1) A city that licenses businesses carried on within its jurisdiction shall accept a California driver’s license or identification number, an individual…
- § 16000.2 A city, county, or city and county that issues business licenses, equivalent instruments, or permits within its jurisdiction shall provide written notice of…
- § 16000.3 (a) When applying to a city for an initial business license, equivalent instrument, or permit, or renewal thereof, a person who conducts a business operation…
- § 16000.5 Notwithstanding Section 16000, no incorporated city shall require a regulatory license or impose a regulatory license fee with respect to cafe musicians. “Cafe…
- § 16000.7 (a) The Legislature hereby finds and declares that the prohibition on the imposition of regulatory licenses and license fees on federally chartered veterans’…
- § 16001 Every honorably discharged or honorably relieved soldier, sailor, or marine of the United States or Confederate States who served in the Civil War, any Indian…
- § 16001.5 Every person who was honorably discharged or honorably relieved from the military, naval or air service of the United States who served on or after June 27,…
- § 16001.7 Every person who is honorably discharged or honorably relieved from the military, naval, or air service of the United States and who is a resident of this…
- § 16001.8 (a) A veteran who is honorably discharged or honorably relieved from the Armed Forces of the United States and is a resident of this state shall not be…
- § 16002 No license fee may be collected from, nor any penalty for the nonpayment thereof enforced against, any commercial traveler whose business is limited to goods,…
- § 16002.1 No license fee for the privilege of auctioning real estate may be collected from any real estate auctioneer, whose business is limited exclusively to…
- § 16002.2 No city shall impose a license fee or tax, other than a fee or tax based on gross receipts, for the privilege of renting, leasing, or operating laundry…
- § 16002.5 No city shall impose a license fee or tax, other than a fee or tax based on gross receipts, for the privilege of renting, leasing, or operating coin-operated…
- § 16003 This article does not repeal any act vesting municipal corporations with power to license for revenue purposes.
- § 16004 Any license issued to a business pursuant to this chapter shall be revoked for a violation of Section 24185 of the Health and Safety Code, relating to human…
- § 16005 (a) A city shall not include in the definition of gross receipts, for purposes of any local tax or fee imposed by the city on a cannabis retailer licensed…
CHAPTER 2. Licensing by Counties §§ 16100–16106 · 11 sections
- § 16100 (a) The board of supervisors may in the exercise of its police powers, and for the purpose of regulation, as herein provided, and not otherwise, license any…
- § 16100.1 (a) (1) A county that licenses businesses carried on within its jurisdiction shall accept a California driver’s license or identification number, an individual…
- § 16100.3 (a) When applying to a county for an initial business license, equivalent instrument, or permit, or business renewal thereof, a person who conducts a business…
- § 16100.5 Notwithstanding Section 16100, no county or city and county shall require a regulatory license or impose a regulatory license fee with respect to cafe…
- § 16100.7 (a) Notwithstanding Section 37101 of the Government Code, Section 7284 of the Revenue and Taxation Code, or Section 16000 of this code, no county or city and…
- § 16101 The boards of supervisors in their respective counties may for the purpose of revenue license individuals acting as hawkers, itinerant peddlers or itinerant…
- § 16102 Every soldier, sailor or marine of the United States who has received an honorable discharge or a release from active duty under honorable conditions from such…
- § 16103 No license fee may be collected from, nor any penalty for the nonpayment thereof enforced against, any commercial traveler whose business is limited to goods,…
- § 16104 No license requiring a fee greater than 3 cents ($0.03) per head shall be imposed by the board of supervisors of any county on the business of raising,…
- § 16105 Any license issued to a business pursuant to this chapter shall be revoked for violation of Section 24185 of the Health and Safety Code, relating to human…
- § 16106 A county shall not include in the definition of gross receipts, for purposes of any local tax or fee imposed by the county on a cannabis retailer licensed…
CHAPTER 2.1. Business License Taxation §§ 16110–16112 · 3 sections
- § 16110 No city, county, or city and county which levies a business license tax calculated on a basis of gross receipts pursuant to Section 16000 or 16100 or Section…
- § 16111 As used in this chapter: (a) “Business license tax receipt” means the receipt or certificate required to be posted or displayed as evidence of a business’s…
- § 16112 The Legislature finds and declares that protecting the privacy of a business’s tax payments and gross receipts is a matter of statewide interest and concern.
CHAPTER 3. State Licensing §§ 16200–16240 · 12 sections
ARTICLE 1. Definitions §§ 16200–16205 · 6 sections
- § 16200 Unless the context otherwise requires, the definitions set forth in this chapter govern the construction of the terms they define in the subsequent sections of…
- § 16201 “Fee” includes every tax, fee, penalty and other monetary exaction, and interest and costs in connection therewith, imposed or collected in connection with or…
- § 16202 “Tax” includes every tax, fee, penalty and other monetary exaction, and interest and costs in connection therewith, imposed or collected for revenue for public…
- § 16203 “Charge” includes every tax, fee, penalty and other monetary exaction, and interest and costs in connection therewith, imposed or collected for regulatory…
- § 16204 “Officer” includes director, chief, commissioner, chairman, department, division, bureau, commission, board and any other person, officer or employee, and any…
- § 16205 “Taxpayer” includes every individual, person, firm, partnership, joint adventure, association, corporation, estate, trust, business trust, receiver, syndicate…
ARTICLE 2. Actions §§ 16220–16224 · 5 sections
- § 16220 The remedy provided by this chapter for the collection of any fee, tax and charge is cumulative. No action taken under this chapter constitutes an election to…
- § 16221 Every officer by or for whom any fee, tax or charge imposed by the statutes of this State is collected may bring a suit in the name of the people of this State…
- § 16222 Except as otherwise provided in this chapter, the provisions of the Code of Civil Procedure relating to the service of summons, pleadings, proofs, trials and…
- § 16223 Upon application and without bond or affidavit, every officer suing under this chapter is entitled to all or any of provisional remedies provided in the Code…
- § 16224 All sums collected in suits under this chapter shall be reported to the Controller and deposited in the State Treasury to the credit of the fund in which would…
ARTICLE 3. Penalties § 16240 · 1 section
- § 16240 Every person who practices, offers to practice, or advertises any business, trade, profession, occupation, or calling, or who uses any title, sign, initials,…
CHAPTER 4. Employment Activities § 16300 · 1 section
- § 16300 (a) Notwithstanding any other provision of this part, Chapter 1.5 (commencing with Section 7284) of Part 1.7 of Division 2 of the Revenue and Taxation Code, or…
CHAPTER 6. Notice to Licensees § 16545 · 1 section
- § 16545 Every state agency which licenses any kind of business transacted or carried on within their respective jurisdictions shall require applications filed to…
CHAPTER 7. Transportation Network Company Drivers: Business Licenses §§ 16550–16550.2 · 3 sections
- § 16550 It is the intent of the Legislature to limit any requirement for a business license imposed by a local jurisdiction on a participating driver for a…
- § 16550.1 For purposes of this chapter, the following definitions apply: (a) “Business license” includes any license, certificate, fee, or equivalent payment that is…
- § 16550.2 (a) Any local jurisdiction that requires a driver to obtain a business license to operate as a driver for a transportation network company may only require…
PART 2. PRESERVATION AND REGULATION OF COMPETITION §§ 16600–17365 · 126 sections
CHAPTER 1. Contracts in Restraint of Trade §§ 16600–16608 · 12 sections
- § 16600 (a) Except as provided in this chapter, every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to…
- § 16600.1 (a) It shall be unlawful to include a noncompete clause in an employment contract, or to require an employee to enter a noncompete agreement, that does not…
- § 16600.5 (a) Any contract that is void under this chapter is unenforceable regardless of where and when the contract was signed. (b) An employer or former employer…
- § 16601 Any person who sells the goodwill of a business, or any owner of a business entity selling or otherwise disposing of all of his or her ownership interest in…
- § 16602 (a) Any partner may, upon or in anticipation of any of the circumstances described in subdivision (b), agree that he or she will not carry on a similar…
- § 16602.5 Any member may, upon or in anticipation of a dissolution of, or the termination of his or her interest in, a limited liability company (including a series of a…
- § 16603 Every person who, as a condition to a sale or consignment of any magazine, book, or other publication requires that the purchaser or consignee purchase or…
- § 16604 Every person who, as a condition to a sale or consignment of any magazine, book, or other publication, requires that the purchaser or consignee purchase or…
- § 16605 Every person engaged in the business of distribution of books, magazines or publications of any kind to retail dealers shall remove from the possession of a…
- § 16606 The customer list, including the names, addresses, and identity of customers, of a telephone answering service shall constitute a trade secret and confidential…
- § 16607 (a) Except as provided in subdivision (b), the customer list, including the names, addresses and identity of all employer customers who have listed job orders…
- § 16608 (a) For purposes of this section, the following definitions apply: (1) “Contract” includes a promise, undertaking, contract, or agreement, whether written or…
CHAPTER 2. Combinations in Restraint of Trade §§ 16700–16770 · 33 sections
ARTICLE 1. General Provisions §§ 16700–16703 · 4 sections
- § 16700 The provisions of this chapter are cumulative of each other and of any other provision of law relating to the same subject in effect May 22, 1907.
- § 16701 Section 24 of this code shall not determine the separability of the provisions of this chapter, one from another. Such separability shall be determined by…
- § 16702 As used in this chapter “person” or “persons” includes corporations, firms, partnerships and associations existing under or authorized by the laws of this…
- § 16703 Within the meaning of this chapter, labor, whether skilled or unskilled, is not a commodity.
ARTICLE 2. Prohibited Restraints on Competition §§ 16720–16729 · 10 sections
- § 16720 A trust is a combination of capital, skill or acts by two or more persons for any of the following purposes: (a) To create or carry out restrictions in trade…
- § 16721 Recognizing that the California Constitution prohibits a person from being disqualified from entering or pursuing a business, profession, vocation, or…
- § 16721.5 (a) It is an unlawful trust and an unlawful restraint of trade for a person to do the following: (1) Grant or accept a letter of credit, or other document that…
- § 16721.6 It is the intent of the Legislature that Sections 16721 and 16721.5 be interpreted and applied so as not to conflict with federal law with respect to…
- § 16722 Any contract or agreement in violation of this chapter is absolutely void and is not enforceable at law or in equity.
- § 16725 It is not unlawful to enter into agreements or form associations or combinations, the purpose and effect of which is to promote, encourage or increase…
- § 16726 Except as provided in this chapter, every trust is unlawful, against public policy and void.
- § 16727 It shall be unlawful for any person to lease or make a sale or contract for the sale of goods, merchandise, machinery, supplies, commodities for use within the…
- § 16728 (a) Notwithstanding any other provision of law, motor carriers of property, as defined in Section 34601 of the Vehicle Code, may voluntarily elect to…
- § 16729 (a) It shall be unlawful for a person to use or distribute a common pricing algorithm as part of a contract, combination in the form of a trust, or conspiracy…
ARTICLE 3. Enforcement §§ 16750–16762 · 18 sections
- § 16750 (a) Any person who is injured in his or her business or property by reason of anything forbidden or declared unlawful by this chapter, may sue therefor in any…
- § 16750.1 Any civil action to enforce any cause of action for a violation of this chapter shall be commenced within four years after the cause of action accrued. No…
- § 16750.2 Any person, other than the Attorney General or a district attorney, who commences, by writ or appeal, any proceeding in the Supreme Court of California or a…
- § 16751 Whenever it appears to the court before which any proceedings under this chapter are pending that the ends of justice require that other parties shall be…
- § 16752 Upon a violation of this chapter by any corporation or association the Attorney General or the district attorney of the proper county may institute proper…
- § 16753 Every foreign corporation or association, exercising any of the powers, franchises or functions of a corporation in this state, which violates this chapter, is…
- § 16754 The Attorney General, or the district attorney of any county, subject to the notice requirements of subdivision (g) of Section 16750, shall initiate civil…
- § 16754.5 In any civil action brought by the Attorney General or a district attorney under this chapter, the court may, in addition to granting such prohibitory…
- § 16755 (a) Any violation of this chapter is a conspiracy against trade, and any person who engages in any such conspiracy or takes part therein, or aids or advises in…
- § 16755.1 (a) A civil penalty of not more than one million dollars ($1,000,000) shall be assessed and recovered in any civil action brought by the Attorney General or…
- § 16756 In any indictment, information or complaint for any offense named in this chapter, it is sufficient to state the purpose or effects of the trust or…
- § 16756.1 Notwithstanding any other law, in a complaint for any violation of this chapter, it is sufficient to contain factual allegations demonstrating that the…
- § 16757 (a) In prosecutions under this chapter, it is sufficient to prove that a trust or combination exists, and that the defendant belonged to it, or acted for or in…
- § 16758 In any action or proceeding brought by the Attorney General or any district attorney for the violation of this chapter no person shall be excused from…
- § 16759 (a) All those powers granted to the Attorney General as a head of a department under Article 2 (commencing with Section 11180) of Chapter 2 of Part 1 of…
- § 16760 (a) (1) The Attorney General may bring a civil action in the name of the people of the State of California, as parens patriae on behalf of natural persons…
- § 16761 The court may award, pursuant to a motion by a person who has recovered damages pursuant to Section 16750, or by the Attorney General who has secured monetary…
- § 16762 Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available…
ARTICLE 4. Health Care Services § 16770 · 1 section
- § 16770 (a) It is the intent of the Legislature to ensure that the citizens of this state receive high-quality health care coverage in the most efficient and…
CHAPTER 2.5. Combinations to Obstruct Sales of Livestock §§ 16800–16804 · 5 sections
- § 16800 It is unlawful for any two or more persons, or corporations, to combine or agree together to do any act which will, in any respect, prevent any person from…
- § 16801 It is unlawful for any corporation organized under the laws of this State, or the board of directors, trustees, stockholders, agents, or officers of any…
- § 16802 No trust, combination, or conspiracy shall be organized or exist in this State to prevent any person or corporation from selling livestock on commission at…
- § 16803 Any person who, directly or indirectly, is a party to any combination, conspiracy, or association, which attempts, directly or indirectly, to prevent any other…
- § 16804 A violation of any provision of this chapter is a misdemeanor punishable by a fine of not less than five hundred dollars ($500) and not more than five thousand…
CHAPTER 4. Unfair Trade Practices §§ 17000–17101 · 53 sections
ARTICLE 1. General Provisions §§ 17000–17002 · 3 sections
- § 17000 This chapter may be cited as the Unfair Practices Act.
- § 17001 The Legislature declares that the purpose of this chapter is to safeguard the public against the creation or perpetuation of monopolies and to foster and…
- § 17002 This chapter shall be liberally construed that its beneficial purposes may be subserved.
ARTICLE 2. Definitions §§ 17020–17031 · 14 sections
- § 17020 The definitions in this article shall be used in construing this chapter.
- § 17021 “Person” includes any person, firm, association, organization, partnership, business trust, company, corporation or municipal or other public corporation.
- § 17022 “Sell” includes selling, offering for sale or advertising for sale.
- § 17023 “Give” includes giving, offering to give or advertising the intent to give.
- § 17024 “Article or product” includes any article, product, commodity, thing of value, service or output of a service trade. Motion picture films when licensed for…
- § 17025 “Vendor” includes any person who performs work upon, renovates, alters or improves any personal property belonging to another person.
- § 17026 “Cost” as applied to production includes the cost of raw materials, labor and all overhead expenses of the producer. “Cost” as applied to distribution means…
- § 17026.1 (a) (1) Notwithstanding the provisions of Section 17026, commissions or rebates regularly earned by the retailers of cellular telephones may be used to reduce…
- § 17026.5 Notwithstanding the provisions of Section 17026, regular term discounts granted to distributors by manufacturers of cigarettes for cash payment customarily…
- § 17027 In establishing the cost of a given article or product to the distributor and vendor, the invoice cost of the article or product purchased at a forced,…
- § 17028 “Ordinary channels of trade” means those ordinary, regular and daily transactions in the mercantile trade whereby title to an article or product, in no way…
- § 17029 “Cost of doing business” or “overhead expense” means all costs of doing business incurred in the conduct of the business and shall include without limitation…
- § 17030 “Loss leader” means any article or product sold at less than cost: (a) Where the purpose is to induce, promote or encourage the purchase of other merchandise;…
- § 17031 Locality discrimination means a discrimination between different sections, communities or cities or portions thereof, or between different locations in such…
ARTICLE 3. Offenses Against the Chapter §§ 17040–17051 · 13 sections
- § 17040 It is unlawful for any person engaged in the production, manufacture, distribution or sale of any article or product of general use or consumption, with intent…
- § 17041 Nothing in this chapter prohibits locality discriminations which make allowances for differences, if any, in the grade, quality or quantity when based and…
- § 17042 Nothing in this chapter prohibits any of the following: (a) A selection of customers. (b) A functional classification by any person of any customer as broker,…
- § 17043 It is unlawful for any person engaged in business within this State to sell any article or product at less than the cost thereof to such vendor, or to give…
- § 17044 It is unlawful for any person engaged in business within this State to sell or use any article or product as a “loss leader” as defined in Section 17030 of…
- § 17045 The secret payment or allowance of rebates, refunds, commissions, or unearned discounts, whether in the form of money or otherwise, or secretly extending to…
- § 17046 It is unlawful for any person to use any threat, intimidation, or boycott, to effectuate any violation of this chapter.
- § 17047 It is unlawful for any manufacturer, wholesaler, distributor, jobber, contractor, broker, retailer, or other vendor, or any agent of any such person, to…
- § 17048 It is unlawful for any manufacturer, wholesaler, distributor, jobber, contractor, broker, retailer, or other vendor, or any agent of any such person, jointly…
- § 17048.5 It is unlawful for any manufacturer, wholesaler, distributor, jobber, contractor, broker, retailer, or other vendor, or any agent of any such person, to enter…
- § 17049 The prohibitions of this chapter against locality discrimination and sales below cost embrace any scheme of special rebates, collateral contracts or any device…
- § 17050 The prohibitions of this chapter against locality discriminations, sales below cost, and loss leaders do not apply to any sale made: (a) In closing out in good…
- § 17051 Any contract, express or implied, made by any person, firm, or corporation in violation of this chapter is an illegal contract and no recovery thereon shall be…
ARTICLE 4. Civil Liability §§ 17070–17087 · 19 sections
- § 17070 Any person or trade association may bring an action to enjoin and restrain any violation of this chapter and, in addition thereto, for the recovery of damages.
- § 17071 In all actions brought under this chapter proof of one or more acts of selling or giving away any article or product below cost or at discriminatory prices,…
- § 17071.5 In all actions brought under this chapter proof of limitation of the quantity of any article or product sold or offered for sale to any one customer to a…
- § 17072 Where a particular trade or industry, of which a person complained against is a member, has an established cost survey for the locality and vicinity in which…
- § 17073 Proof of average overall cost of doing business for any particular inventory period when added to the cost of production of each article or product, as to a…
- § 17074 Proof of transportation tariffs when fixed and approved by the Public Utilities Commission of the State of California is presumptive evidence of delivery cost.
- § 17075 In any action where it is alleged and shown that the person complained against is selling below his cost of doing business, and such person is including labor…
- § 17076 In any action brought under this chapter, where persons are employed or performing services for any person or in the conduct of the business wherein such…
- § 17077 In any action or prosecution for sales below cost in violation of this chapter, if the defendant acquires his raw materials for a consideration not wholly or…
- § 17078 If it appears to the court upon any application for a temporary restraining order, or upon the hearing of any order to show cause why a preliminary injunction…
- § 17079 The court may, in its discretion, include in any injunction against a violation of this chapter such other restraint as it may deem expedient in order to deter…
- § 17080 Any injunction against a violation of this chapter, whether interim or final, shall cover every article or product and not merely the particular article or…
- § 17081 It is not necessary for the plaintiff, in any action under this chapter, to provide or file any undertaking or bond for the issuance of any interim or final…
- § 17082 In any action under this chapter, it is not necessary to allege or prove actual damages or the threat thereof, or actual injury or the threat thereof, to the…
- § 17083 The testimony of any witness in any action brought under this chapter may be taken by deposition. The provisions of Chapter 3 (commencing with Section 2002) of…
- § 17084 Any party to any action brought under this chapter may, upon notice, apply to the court in which the action is pending, or to any judge thereof, for an order…
- § 17085 If, at any time while any action for a violation of this chapter is pending, it appears to the court that an extensive examination of books, papers, records,…
- § 17086 No information obtained under this article, or under Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure, may be used against…
- § 17087 In any action or proceeding, civil or criminal, brought by the Attorney General or any district attorney for the violation of this chapter, no person shall be…
ARTICLE 5. Liability of Agents §§ 17095–17096 · 2 sections
- § 17095 Any person, who, either as director, officer or agent of any firm or corporation or as agent of any person, violating the provisions of this chapter, assists…
- § 17096 In any injunction proceeding against any person as officer, director or agent, it is sufficient to allege and prove the unlawful intent of the person, firm or…
ARTICLE 6. Penal Provisions §§ 17100–17101 · 2 sections
- § 17100 Any person, whether as principal, agent, officer or director, for himself, or for another person, or for any firm or corporation, or any corporation, who or…
- § 17101 In the prosecution of any person as officer, director or agent, it is sufficient to allege and prove the unlawful intent of the person, firm or corporation for…
CHAPTER 5. Enforcement §§ 17200–17210 · 14 sections
- § 17200 As used in this chapter, unfair competition shall mean and include any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or…
- § 17201 As used in this chapter, the term person shall mean and include natural persons, corporations, firms, partnerships, joint stock companies, associations and…
- § 17201.5 As used in this chapter: (a) “Board within the Department of Consumer Affairs” includes any commission, bureau, division, or other similarly constituted agency…
- § 17202 Notwithstanding Section 3369 of the Civil Code, specific or preventive relief may be granted to enforce a penalty, forfeiture, or penal law in a case of unfair…
- § 17203 Injunctive Relief—Court Orders Any person who engages, has engaged, or proposes to engage in unfair competition may be enjoined in any court of competent…
- § 17204 Actions for Injunctions by Attorney General, District Attorney, County Counsel, and City Attorneys Actions for relief pursuant to this chapter shall be…
- § 17205 Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available…
- § 17206 Civil Penalty for Violation of Chapter (a) Any person who engages, has engaged, or proposes to engage in unfair competition shall be liable for a civil penalty…
- § 17206.1 (a) (1) In addition to any liability for a civil penalty pursuant to Section 17206, a person who violates this chapter, and the act or acts of unfair…
- § 17206.2 (a) (1) In addition to any liability for a civil penalty pursuant to Section 17206, a person who violates this chapter, if the act or acts of unfair…
- § 17207 (a) Any person who intentionally violates any injunction prohibiting unfair competition issued pursuant to Section 17203 shall be liable for a civil penalty…
- § 17208 Any action to enforce any cause of action pursuant to this chapter shall be commenced within four years after the cause of action accrued. No cause of action…
- § 17209 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,…
- § 17210 (a) For purposes of this section, “hotel” means any hotel, motel, bed and breakfast inn, or other similar transient lodging establishment, but it does not…
CHAPTER 6.5. Reassignments §§ 17350–17351 · 2 sections
- § 17350 With respect to contracts entered into on or after the effective date of this chapter, no financial institution shall enter into a contract which provides for…
- § 17351 For the purposes of this chapter: (a) “Financial institution” means a bank, savings and loan association, or credit union chartered under the laws of this…
CHAPTER 7. Sales of Telephone and Other Communications Equipment §§ 17360–17365 · 7 sections
- § 17360 As used in this chapter, “person” includes an individual, partnership, firm, association, or corporation.
- § 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…
- § 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,…
- § 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…
- § 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…
- § 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).
- § 17365 This chapter shall become operative on November 1, 1983.
PART 3. REPRESENTATIONS TO THE PUBLIC §§ 17500–17943 · 291 sections
CHAPTER 1. Advertising §§ 17500–17606 · 224 sections
ARTICLE 1. False Advertising in General §§ 17500–17509 · 15 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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,…
- § 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…
- § 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…
- § 17504 (a) Any person, partnership, corporation, firm, joint stock company, association, or organization engaged in business in this state as a retail seller who…
- § 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…
- § 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,…
- § 17506 As used in this chapter, “person” includes any individual, partnership, firm, association, or corporation.
- § 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…
- § 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…
- § 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…
- § 17509 (a) Any advertisement, including any advertisement over the Internet, soliciting the purchase or lease of a product or service, or any combination thereof,…
ARTICLE 1.3. Charitable Solicitations §§ 17510–17510.95 · 14 sections
- § 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,…
- § 17510.1 As used in this article, “sale” shall include a gift made with the hope or expectation of monetary compensation.
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 17510.7 Compliance with any city or county ordinance which provides for disclosure of information relating to solicitations or sales solicitations for charitable…
- § 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,…
- § 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…
- § 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…
- § 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…
- § 17510.95 The Attorney General shall annually publish a report that includes information provided to the Registry of Charities and Fundraisers pursuant to Section…
ARTICLE 1.4. Telephonic Sellers §§ 17511–17514 · 15 sections
- § 17511 (a) The Legislature finds and declares that the widespread use of telephone solicitors to initiate sales of goods, real property, and investment opportunities…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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.
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
ARTICLE 1.5. Labeling of Products Made by the Blind §§ 17520–17523 · 4 sections
- § 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.
- § 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…
- § 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…
- § 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…
ARTICLE 1.6. Cyber Piracy §§ 17525–17528.5 · 5 sections
- § 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…
- § 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…
- § 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…
- § 17528 Jurisdiction for actions brought pursuant to this article shall be in accordance with Section 410.10 of the Code of Civil Procedure.
- § 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 1.8. Restrictions On Unsolicited Commercial E-mail Advertisers §§ 17529–17529.9 · 8 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
ARTICLE 2. Particular Offenses §§ 17530–17539.6 · 62 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 17531 It is unlawful for any person, firm, or corporation, in any newspaper, magazine, circular, form letter or any open publication, published, distributed, or…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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,…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 17533.9 It shall be unlawful for any person, firm, corporation, or association, in any newspaper, magazine, circular, form letter, or open publication, published,…
- § 17533.10 It shall be unlawful for any person, firm, corporation, or association, in any newspaper, magazine, circular, form letter, or open publication, published,…
- § 17534 Any person, firm, corporation, partnership or association or any employee or agent thereof who violates this chapter is guilty of a misdemeanor.
- § 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…
- § 17535 Obtaining Injunctive Relief Any person, corporation, firm, partnership, joint stock company, or any other association or organization which violates or…
- § 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…
- § 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…
- § 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,…
- § 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…
- § 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…
- § 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,…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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’…
- § 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…
- § 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…
- § 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…
- § 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…
- § 17537.15 (a) For purposes of this section, “floral or ornamental products or services” means floral arrangements, cut flowers, floral bouquets, potted plants, balloons,…
- § 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…
- § 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),…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 17538.8 Any advertisement that offers free or discounted transportation or certificates to obtain transportation and that requires the consumer to purchase…
- § 17538.9 (a) For the purposes of this section: (1) “Ancillary charges” means all surcharges, taxes, fees, connection charges, maintenance fees, monthly or other…
- § 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…
- § 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)…
- § 17539.15 (a) Solicitation materials containing sweepstakes entry materials or solicitation materials selling information regarding sweepstakes shall not represent,…
- § 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…
- § 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…
- § 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,…
- § 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…
- § 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,…
- § 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…
- § 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…
ARTICLE 2.6. Sellers of Travel §§ 17550–17550.30 · 29 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 17550.6 “Officially appointed agent” means an agent expressly appointed as such, without reservation, for a specified time period, in a written instrument executed by…
- § 17550.7 “Participant in the Travel Consumer Restitution Fund” is a registered seller of travel with its principal place of business in California, who does business…
- § 17550.8 “Provider” means the person or entity who actually provides any transportation or travel services.
- § 17550.9 “Travel services” includes, but is not limited to, lodging, surface transportation, transfers, tours, meals, guides, baggage transfer, sightseeing,…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 17550.20 (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…
- § 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…
- § 17550.22 No registration application shall be accepted for filing if it is incomplete or contains false information.
- § 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…
- § 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…
- § 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…
- § 17550.26 (a) For the purposes of this section, “travel business discount program” means a membership, benefit program, identification card, identifying number, or other…
- § 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,…
- § 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,…
ARTICLE 2.7. Travel Consumer Restitution Plan §§ 17550.35–17550.58 · 25 sections
- § 17550.35 “Restitution corporation” means the Travel Consumer Restitution Corporation.
- § 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.
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 17550.42 The fiscal year of the Travel Consumer Restitution Corporation shall commence on July 1 of each year.
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 17550.53 (a) The Travel Consumer Restitution Corporation shall have independent authority to investigate claims filed by persons aggrieved pursuant to Section 17550.47.…
- § 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…
- § 17550.55 No provision of the Insurance Code shall apply to the Travel Consumer Restitution Corporation.
- § 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…
- § 17550.57 If the Travel Consumer Restitution Corporation is dissolved or ceases to exist, or if the Attorney General or his or her delegate makes a determination…
- § 17550.58 All costs and expenses incurred by the Department of Justice in the administration of this article, including those incurred pursuant to Section 17550.38,…
ARTICLE 2.8. Educational Travel Organizations §§ 17552–17556.5 · 6 sections
- § 17552 (a) “Educational travel organization” or “organization” means a person, partnership, corporation, or other entity who offers educational travel programs for…
- § 17553 Nothing in this article shall be construed as exempting an educational travel organization from compliance with Article 2.5 (commencing with Section 17540),…
- § 17554 An educational travel organization may not arrange an educational travel program before the organization involved has first entered into a written contract…
- § 17555 In addition to other requirements and prohibitions of this article, it is a violation of this article for an educational travel organization to place or use…
- § 17556 (a) Where any school or student, or that student’s parent or guardian, is injured by a violation of this article, the school, the student, or his or her parent…
- § 17556.5 Except as otherwise provided, a person who violates a provision of this article is guilty of a misdemeanor, which offense is punishable by a fine not exceeding…
ARTICLE 3. Motel and Motor Court Rate Signs §§ 17560–17568 · 10 sections
- § 17560 “Outdoor sign” or “outside sign” as used in this article means any sign visible to passers-by whether the same shall be located within or without buildings.
- § 17561 “Room rates” as used in this article means the rates at which rooms or other accommodations are rented to occupants.
- § 17562 “Operator” as used in this article includes a manager or any person in charge of the operation of motels and like establishments. “Operator” or “owner”…
- § 17563 This article shall apply to operators and owners of motels, motor courts, and like establishments, and to such establishments.
- § 17564 It shall be unlawful for any owner or operator of any establishment within the scope of this article, located within the State of California, to post or…
- § 17565 It shall be unlawful for any owner or operator of any establishment within the scope of this article to post or maintain posted on outdoor or outside…
- § 17566 It shall be unlawful for any owner or operator of any establishment within the scope of this article to post or maintain outdoor or outside advertising signs…
- § 17567 Nothing contained in this article shall be construed so as to require establishments within the scope of this article to have outdoor or outside signs. This…
- § 17567.5 The governing body of any city, county, or city and county may, pursuant to reasonable exercise of the police power, enact ordinances imposing regulations…
- § 17568 Any person violating the provisions of this article is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than two…
ARTICLE 3.5. Hotel And Motel Advertised Rates §§ 17568.5–17568.8 · 3 sections
- § 17568.5 Upon the proclamation of a state of emergency resulting from an earthquake, flood, fire, riot, storm, or other natural disaster declared by the President of…
- § 17568.6 (a) (1) A place of short-term lodging, an internet website, application, or other similar centralized platform, or any other person shall not advertise,…
- § 17568.8 (a) A place of short-term lodging or any other person that advertises or lists a place of short-term lodging as available to rent on an internet website,…
ARTICLE 4. American Indian-Made Articles §§ 17569–17569.9 · 2 sections
- § 17569 It is unlawful to barter, trade, sell, or offer for sale or trade, any article represented as made by authentic American Indian labor or workmanship, unless…
- § 17569.9 “Indian,” as used in this article, means a person who is enrolled or who is a lineal descendant of one enrolled upon an enrollment listing of the Bureau of…
ARTICLE 5. Vending Machines §§ 17570–17572 · 3 sections
- § 17570 On and after July 1, 1969, every person who owns a vending machine shall have his name and address affixed thereto in a place where it may be seen by anyone…
- § 17571 “Vending machine” means any mechanical device the operation of which depends upon the insertion of a coin or other thing representative of value in the…
- § 17572 Any person who violates this article is guilty of a misdemeanor punishable by imprisonment in the county jail not to exceed six months, or a fine of not to…
ARTICLE 6. Water Treatment Devices §§ 17577–17577.6 · 7 sections
- § 17577 (a) The Legislature finds and declares that there have been situations where homeowners have been subjected to fraud, deception, and unfair dealing by certain…
- § 17577.1 For the purposes of this article, the following terms have the following meanings: (a) “Contaminant” or “contamination” means any health-related physical,…
- § 17577.2 It is unlawful for any person to do any of the following in connection with the sale, lease, rental, offer to sell, lease, rent, or other disposition of water…
- § 17577.3 (a) A contract or offer which is subject to approval, for the sale, lease, or rental of a water treatment device shall be deemed a home solicitation contract…
- § 17577.4 Any violation of this article is a misdemeanor punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding two thousand…
- § 17577.5 (a) No contract or offer for the sale, lease, or rental of a home water treatment device and no purchase money loan, as defined in subdivision (b), shall…
- § 17577.6 (a) A buyer, lessee, or renter of a water treatment device may bring an action against any person who violates this article for the recovery of actual damages,…
ARTICLE 7. Environmental Representations §§ 17580–17581 · 3 sections
- § 17580 (a) A person who represents in advertising or on the label or container of a consumer good that the consumer good that it manufactures or distributes is not…
- § 17580.5 (a) It is unlawful for a person to make an untruthful, deceptive, or misleading environmental marketing claim, whether explicit or implied. For the purpose of…
- § 17581 Any violation of this article is a misdemeanor punishable by imprisonment in the county jail not to exceed six months, or by a fine not to exceed two thousand…
ARTICLE 7.5. Automotive Products § 17582 · 1 section
- § 17582 (a) Any engine coolant or antifreeze sold in this state after January 1, 2004, that is manufactured after July 1, 2003, and that contains more than 10 percent…
ARTICLE 8. Unsolicited and Unwanted Telephone Solicitations §§ 17590–17594 · 5 sections
- § 17590 (a) There is a compelling state interest to protect the privacy of residential or wireless telephone subscribers who wish to avoid unsolicited and unwanted…
- § 17591 It is unlawful for any person to do any of the following: using the “do not call” list for any purpose other than to comply with this article or applicable…
- § 17592 (a) For purposes of this article: (1) A “telephone solicitor” means any person or entity who, on his or her own behalf or through salespersons or agents,…
- § 17593 (a) The Attorney General, a district attorney, or a city attorney may bring a civil action in any court of competent jurisdiction against a telephone solicitor…
- § 17594 Any information regarding any California telephone number that appears on the “do not call” list in the possession of the Attorney General, whether obtained…
ARTICLE 9. Automatic Purchase Renewals §§ 17600–17606 · 7 sections
- § 17600 It is the intent of the Legislature to end the practice of ongoing charging of consumer credit or debit cards or third party payment accounts without the…
- § 17601 (a) For the purposes of this article, the following definitions shall apply: (1) “Automatic renewal” means a plan, arrangement, or provision of a contract that…
- § 17602 (a) It is unlawful for any business that makes an automatic renewal offer or continuous service offer to a consumer in this state to do any of the following:…
- § 17603 In any case in which a business sends any goods, wares, merchandise, or products to a consumer, under a continuous service agreement or automatic renewal of a…
- § 17604 (a) Notwithstanding Section 17534, a violation of this article shall not be a crime. However, all available civil remedies that apply to a violation of this…
- § 17605 The following are exempt from the requirements of this article: (a) Any service provided by a business or its affiliate where either the business or its…
- § 17606 This article shall become operative on December 1, 2010.
CHAPTER 2. Premium Coupons §§ 17700–17702 · 4 sections
- § 17700 As used in this chapter: (a) “Coupon” includes certificates, cards, package labels, wrappers, can covers, bottle caps or other and similar devices, which…
- § 17701 It is unlawful for any person to issue coupons unless there shall be specified in or upon such coupons, specifically or by class, the person by whom or with…
- § 17701.5 It is unlawful for any person to advertise a price that requires the buyer to send in a coupon to the manufacturer for a cash rebate, unless the price actually…
- § 17702 Any person violating this chapter is for each offense guilty of a misdemeanor.
CHAPTER 3. Trading Stamp Company Act §§ 17750–17773 · 24 sections
- § 17750 “Trading stamp” means any stamp or similar device issued in connection with the retail sale of merchandise or service, as a cash discount, or for any other…
- § 17751 “Trading stamp” also means any stamp or similar device issued as a gift or as a consideration in any transaction other than in connection with the retail sale…
- § 17752 “Trading stamp” does not include any redeemable device used by the manufacturer or packer of an article, in advertising or selling the article, or any…
- § 17753 “Trading stamp” does not include any coupon, ticket, certificate, card, or other similar device prepared by a merchant using that device and distributed by the…
- § 17754 The Legislature finds and declares that the devices described in Sections 17752, 17753, and 17760 are not employed in connection with improper activities of…
- § 17755 “Trading stamp company” means any person engaged in any manner in distributing trading stamps for retail issuance by others or in redeeming trading stamps for…
- § 17756 “Person” means any individual, partnership, corporation, limited liability company, association, or other organization.
- § 17757 “Organization” means any partnership, corporation, limited liability company, or association.
- § 17758 “Issue” includes use, distribute, give away, sell, furnish, and licensing that use, distribution, gift, sale or furnishing.
- § 17759 “Merchant” includes retailer, person dealing in services, or person in a similar capacity.
- § 17760 The provisions of this chapter do not apply to nonprofit merchant organizations that guarantee redemption of trading stamps that are exclusively issued and…
- § 17761 It is unlawful for any person to issue any trading stamp unless the stamp has imprinted on it both of the following: (a) The name of the trading stamp company…
- § 17762 Any trading stamp company shall redeem upon presentation any trading stamp that it has issued, either in merchandise, service, or cash, at the option of the…
- § 17763 It is unlawful for any person to willfully issue or redeem any trading stamp without the consent of the trading stamp company that issued the stamp.
- § 17764 Nothing in this chapter shall prohibit any person from redeeming, pursuant to contract, any trading stamps issued on or before December 31, 1997.
- § 17765 Any person who advertises the giving of trading stamps, or who gives trading stamps, with the sale of any merchandise or service, shall give those stamps, if…
- § 17766 Nothing in this chapter shall be construed as requiring the giving of trading stamps with any sale of merchandise or service when the giving of those stamps or…
- § 17767 If a trading stamp company fails to redeem any of its trading stamps, any rightful holder of those stamps may bring a civil action for damages within three…
- § 17768 Any merchant who has issued to his or her customers or other persons the trading stamps of any trading stamp company subject to this chapter, and who proposes…
- § 17769 No trading stamp company shall cease issuing trading stamps unless it gives written notice at least 90 days prior to that cessation to each merchant that has…
- § 17770 Any person violating any provision of this chapter shall be liable for a civil penalty not to exceed one thousand dollars ($1,000) for each violation, and any…
- § 17771 Any person who willfully violates any provision of this chapter shall upon conviction be fined not more than five thousand dollars ($5,000).
- § 17772 Trading stamps issued by a trading stamp company subject to this chapter are exempt from the Corporate Securities Law of 1968 (Division 1 (commencing with…
- § 17773 Nothing in this chapter, nor in this code, shall be construed to require that the cash or merchandise value of trading stamps be stated or set forth on any…
CHAPTER 4. Fixed Term Installment Contracts §§ 17800–17860 · 7 sections
- § 17800 For purposes of this chapter, the following terms have the following meanings: (a) “Early termination fee” means an additional fee charged to a consumer as a…
- § 17810 (a) A seller that uses a fixed term installment contract entered into or modified on or after August 1, 2026, shall not charge a fee to a consumer who…
- § 17820 A seller that uses a fixed term installment contract entered into or modified on or after August 1, 2026, shall not charge an early termination fee or any…
- § 17830 This chapter shall not be interpreted to prohibit a contract from requiring the return of a good if the fixed term installment contract is terminated.
- § 17840 This chapter shall not be interpreted to prevent a buyer from paying the full remaining balance of a fixed term installment contract before its maturity.
- § 17850 (a) The provisions of this chapter do not apply to a fixed term installment contract that is regulated by state or federal law providing greater protections to…
- § 17860 Any waiver of the provisions of this chapter shall be deemed contrary to public policy and shall be void and unenforceable.
CHAPTER 5. Fictitious Business Names §§ 17900–17930 · 28 sections
- § 17900 (a) (1) The purpose of this section is to protect those dealing with individuals or partnerships doing business under fictitious names, and it is not intended…
- § 17901 As used in this chapter, “general partner” means: (a) In the case of a partnership, a general partner, as defined in Section 15901.02 of the Corporations Code.…
- § 17901.5 As used in this chapter, “manager” means a manager of a limited liability company.
- § 17902 As used in this chapter, “person” includes individuals, limited liability companies, partnerships and other associations, and corporations.
- § 17903 As used in this chapter, “registrant” means a person or entity who is filing or has filed a fictitious business name statement, and who is the legal owner of…
- § 17905 The Sacramento County Board of Supervisors may, by resolution, designate another county officer to perform the duties of the county clerk pursuant to this…
- § 17910 Every person who regularly transacts business in this state for profit under a fictitious business name shall do all of the following: (a) File a fictitious…
- § 17910.5 (a) No person shall adopt any fictitious business name which includes “Corporation,” “Corp.,” “Incorporated,” or “Inc.” unless that person is a corporation…
- § 17911 This chapter does not apply to a nonprofit corporation or association, including, but not limited to, organizations such as churches, labor unions, fraternal…
- § 17912 This chapter does not apply to a real estate investment trust as defined in Section 23000 of the Corporations Code that has a statement on file, pursuant to…
- § 17913 (a) The fictitious business name statement shall contain all of the information required by this subdivision and shall be substantially in the following form:…
- § 17914 The fictitious business name statement shall be signed as follows: (a) If the registrant is an individual, by the individual. (b) If the registrants are a…
- § 17915 A fictitious business name statement shall be filed with the clerk of the county in which the registrant has his or her principal place of business in this…
- § 17916 Presentation for filing of an original fictitious business name statement and one copy of the statement, with proper identification, accompanied by a completed…
- § 17917 (a) Within 45 days after a fictitious business name statement has been filed pursuant to this chapter, the registrant shall cause a statement in the form…
- § 17918 No person transacting business under a fictitious business name contrary to the provisions of this chapter, or his assignee, may maintain any action upon or on…
- § 17919 (a) A fictitious business name statement may be executed, filed, and published by the trustee in bankruptcy at any time after bankruptcy where a failure to…
- § 17920 (a) Unless the statement expires earlier under subdivision (b) or (c), a fictitious business name statement expires five years from the date it was filed in…
- § 17921 Notice of the date of expiration shall be on the fictitious business name statement form.
- § 17922 (a) Upon ceasing to transact business in this state under a fictitious business name that was filed in the previous five years, a registrant who has filed a…
- § 17923 (a) Any registrant who is a general partner in a partnership that is or has been regularly transacting business under a fictitious business name may, upon…
- § 17924 (a) The county clerk shall furnish without charge a form satisfying the requirements of subdivision (a) of Section 17913. The form prepared by the county…
- § 17925 (a) The county clerk shall maintain one or more indices which permit the determination of at least the following information: (1) Whether any business using a…
- § 17926 (a) As used in this section, “statement” means a fictitious business name statement, a statement of abandonment of use of fictitious business name, or a…
- § 17927 (a) The county clerk shall mark each fictitious business name statement with a file number and the date of filing and shall retain the original statement for…
- § 17928 (a) Upon prepayment of the fee established pursuant to subdivision (b), the county clerk may furnish to any person who so requests daily or less frequent…
- § 17929 (a) The fee for filing a fictitious business name statement is ten dollars ($10) for the first fictitious business name and owner and two dollars ($2) for each…
- § 17930 Any person who executes, files, or publishes any statement under this chapter, knowing that such statement is false, in whole or in part, shall be guilty of a…
CHAPTER 6. Bots §§ 17940–17943 · 4 sections
- § 17940 For purposes of this chapter: (a) “Bot” means an automated online account where all or substantially all of the actions or posts of that account are not the…
- § 17941 (a) It shall be unlawful for any person to use a bot to communicate or interact with another person in California online, with the intent to mislead the other…
- § 17942 (a) The duties and obligations imposed by this chapter are cumulative with any other duties or obligation imposed by any other law. (b) The provisions of this…
- § 17943 This chapter shall become operative on July 1, 2019.
PART 4. MICROENTERPRISES §§ 18000–18001 · 2 sections
- § 18000 (a) For purposes of this part, “microenterprise” means a sole proprietorship, partnership, limited liability company, or corporation that meets both of the…
- § 18001 (a) Every city, county, and city and county is encouraged to access microenterprise development in order to create new jobs and income opportunities for…
PART 5. Independent Contractors §§ 18100–18107 · 8 sections
- § 18100 This part shall be known, and may be cited, as the Freelance Worker Protection Act.
- § 18101 For purposes of this part, the following definitions apply: (a) “Freelance worker” means a person or organization composed of no more than one person, whether…
- § 18102 (a) Except as otherwise provided by law, a hiring party shall pay a freelance worker the compensation specified by a contract for professional services: (1) On…
- § 18103 (a) Whenever a hiring party retains the services of a freelance worker, the contract between the hiring party and the freelance worker shall be in writing. The…
- § 18104 A waiver of any provision in this part shall be deemed contrary to public policy and is void and unenforceable.
- § 18105 A hiring party shall not discriminate or take any adverse action against a freelance worker that penalizes a freelance worker for, or is reasonably likely to…
- § 18106 (a) An aggrieved freelance worker or a public prosecutor may bring a civil action to enforce this part. (b) A prevailing plaintiff in an action alleging a…
- § 18107 This part applies only to contracts entered into or renewed on or after January 1, 2025.