reglab/statecodes huggingface dataset:
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2.6 - Sellers of Travel › Section 17550.17.

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.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2.6 - Sellers of Travel › Section 17550.18.

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).)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2.6 - Sellers of Travel › Section 17550.19.

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.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2.6 - Sellers of Travel › Section 17550.195.

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.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2.6 - Sellers of Travel › Section 17550.22.

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).)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2.6 - Sellers of Travel › Section 17550.23.

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.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2.6 - Sellers of Travel › Section 17550.24.

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.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2.6 - Sellers of Travel › Section 17550.25.

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).)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2.6 - Sellers of Travel › Section 17550.26.

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.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2.6 - Sellers of Travel › Section 17550.30.

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.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2.7 - Travel Consumer Restitution Plan › Section 17550.35.

17550.35. “Restitution corporation” means the Travel Consumer Restitution Corporation.
(Added by Stats. 1994, Ch. 1123, Sec. 3. Effective January 1, 1995.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2.7 - Travel Consumer Restitution Plan › Section 17550.36.

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.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2.7 - Travel Consumer Restitution Plan › Section 17550.37.

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.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2.7 - Travel Consumer Restitution Plan › Section 17550.38.

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.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2.7 - Travel Consumer Restitution Plan › Section 17550.39.

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.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2.7 - Travel Consumer Restitution Plan › Section 17550.40.

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.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2.7 - Travel Consumer Restitution Plan › Section 17550.42.

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.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2.7 - Travel Consumer Restitution Plan › Section 17550.42.5.

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.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2.7 - Travel Consumer Restitution Plan › Section 17550.43.

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, prior to its fiscal yearend, 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 Law 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. 1998, Ch. 924, Sec. 22. Effective January 1, 1999.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2.7 - Travel Consumer Restitution Plan › Section 17550.45.

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.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2.7 - Travel Consumer Restitution Plan › Section 17550.46.

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.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2.7 - Travel Consumer Restitution Plan › Section 17550.48.

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.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2.7 - Travel Consumer Restitution Plan › Section 17550.49.

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.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2.7 - Travel Consumer Restitution Plan › Section 17550.50.

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.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2.7 - Travel Consumer Restitution Plan › Section 17550.51.

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.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2.7 - Travel Consumer Restitution Plan › Section 17550.52.

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.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2.7 - Travel Consumer Restitution Plan › Section 17550.53.

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.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2.7 - Travel Consumer Restitution Plan › Section 17550.54.

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.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2.7 - Travel Consumer Restitution Plan › Section 17550.55.

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.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2.7 - Travel Consumer Restitution Plan › Section 17550.56.

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.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2.7 - Travel Consumer Restitution Plan › Section 17550.57.

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 pursuant to Section 17550.52 that the corporation has failed or ceased to operate, all outstanding debts, obligations of the corporation, and amounts due for services rendered shall first be paid from the remaining assets, including the restitution fund. The assets remaining after settling all those liabilities shall be distributed to the participants, less the costs of that distribution. The distribution to participants shall be 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 registered participants at the time the corporation is dissolved or ceases to exist.
(Amended by Stats. 1998, Ch. 924, Sec. 28. Effective January 1, 1999.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2.7 - Travel Consumer Restitution Plan › Section 17550.58.

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, shall be paid to the department by the Travel Consumer Restitution Corporation. The department may institute an action for the recovery of costs and expenses incurred in the administration of this article in any court of competent jurisdiction.
(Amended by Stats. 1998, Ch. 924, Sec. 29. Effective January 1, 1999.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2.8 - Educational Travel Organizations › Section 17552.

17552. (a) “Educational travel organization” or “organization” means a person, partnership, corporation, or other entity who offers educational travel programs for students residing, in the State of California.
(b) “Student traveler” or “student” means a person who is enrolled in elementary or secondary school, grade kindergarten through grade 12, at the time an educational travel program is arranged with an educational travel organization.
(c) “Educational travel program,” means travel services, as defined in Section 17550.9, that are arranged through or offered to an elementary or secondary school in this state, and where the services are represented to include an educational program as a component.
(Added by Stats. 1995, Ch. 772, Sec. 2. Effective January 1, 1996.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2.8 - Educational Travel Organizations › Section 17553.

17553. Nothing in this article shall be construed as exempting an educational travel organization from compliance with Article 2.5 (commencing with Section 17540), Article 2.6 (commencing with Section 17550), or Article 2.7 (commencing with Section 17550.35) of Chapter 1 of Part 3 of Division 7.
(Added by Stats. 1995, Ch. 772, Sec. 2. Effective January 1, 1996.)