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 2.8 - Educational Travel Organizations › Section 17554.

17554. An educational travel organization may not arrange an educational travel program before the organization involved has first entered into a written contract with the educational institution. The written contract shall include all of the following:
(a) The educational travel organization’s name, trade or business name, business address, and business telephone number, including a 24-hour emergency telephone number or 24-hour emergency contact by pager, voice mail, or other method of 24-hour telecommunications.
(b) An itemized statement of the services to be provided as a part of the program and the agreed cost for the services. The statement shall include, but not be limited to, the following:
(1) A statement as to whether or not the educational travel organization maintains insurance that supplies coverage in the event of injury to any student traveler. The statement shall include the type and amount of coverage, the policy number and issuer, and the name, address, and telephone number of the person or organization who is able to verify the coverage.
(2) Any additional costs to students.
(3) The qualifications, if any, for experience and training that are required to be met by the educational travel organization’s staff who shall accompany students on the educational travel program.
(c) A written description of the educational program being contracted for, including a copy of all materials to be provided to students.
(d) The number of times the educational travel program or a substantially similar educational travel program that is the subject of the contract has been conducted by the educational travel organization and the number of students who completed that program.
(e) The length of time the educational travel organization has either been arranging or conducting educational travel programs, and, at the option of the educational travel organization, other travel services with substantially similar components.
(f) The name of each owner and principal of the educational travel organization.
(g) A statement as to whether any owner or principal of the educational travel organization has had entered against him or her any judgment, including a stipulated judgment, order, made a plea of nolo contendere, or been convicted of any criminal violation, in connection with the sale of any travel services for a period of 10 years predating the contract.
For purposes of this section, “owner” means a person or organization who owns or controls 10 percent or more of the equity of, or otherwise has claim to 10 percent or more of the net income of, the educational travel organization; and “principal” means an owner, an officer of a corporation, a general partner of a partnership, or a sole proprietor of a sole proprietorship.
(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 17555.

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 any misleading or untruthful advertising or statements or make a substantial misrepresentation in conducting an educational travel program.
(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 17556.

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 or guardian, may bring an action for recovery of damages or for injunctive relief, or both. Proceedings for injunctive relief shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that no undertaking shall be required.
(b) Judgment shall be entered for actual damages. An award, if the trial court deems it proper, may be entered for punitive damages. The plaintiff shall also be entitled to reasonable attorney’s fees and costs.
(c) The remedies or penalties provided by this article are not exclusive to each other nor to any other remedies or penalties provided under any other law, and shall not be construed as a limitation on any other applicable remedy or penalty.
(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 17556.5.

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 one thousand dollars ($1,000), or by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment. In addition, upon a conviction of a violation of this article, the court may issue an injunction and prohibit the convicted person from acting as an educational travel organization in this state, in which case the court shall inform the Attorney General of that action.
(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 3 - Motel and Motor Court Rate Signs › Section 17560.

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.
(Added by Stats. 1953, Ch. 975.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 3 - Motel and Motor Court Rate Signs › Section 17561.

17561. “Room rates” as used in this article means the rates at which rooms or other accommodations are rented to occupants.
(Added by Stats. 1953, Ch. 975.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 3 - Motel and Motor Court Rate Signs › Section 17562.

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” includes natural persons, firms and corporations.
(Added by Stats. 1953, Ch. 975.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 3 - Motel and Motor Court Rate Signs › Section 17563.

17563. This article shall apply to operators and owners of motels, motor courts, and like establishments, and to such establishments.
(Added by Stats. 1953, Ch. 975.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 3 - Motel and Motor Court Rate Signs › Section 17564.

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 maintain posted on any outdoor or outside advertising sign pertaining to such establishment, any rates for accommodations in such establishment unless the sign shall have posted thereon the rates charged for all rooms, or other rental units or accommodations offered for rental, the number of rooms or other rental units offered for rental at each rate, and the number of persons accommodated at the rate posted. All posted rates and descriptive data required by this article shall be in type and material of the same size and prominence as the aforesaid data. This section shall not be held to be complied with by signs stating the rate per person or bearing the legend “and up.”
(Amended by Stats. 1961, Ch. 1733.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 3 - Motel and Motor Court Rate Signs › Section 17565.

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 advertising signs rates for accommodations in any such establishment unless there shall be posted prominently and conspicuously in the area where guests are normally registered, a list of all rooms or other rental units offered for rental by such establishment, and the rates charged for each room when occupied by one person or two persons, and the rate charged for each additional occupant.
(Amended by Stats. 1961, Ch. 1733.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 3 - Motel and Motor Court Rate Signs › Section 17566.

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 in connection with any such establishment relating to rates which shall have thereon any untrue, misleading, false, or fraudulent representations.
(Added by Stats. 1953, Ch. 975.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 3 - Motel and Motor Court Rate Signs › Section 17567.

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 article, however, shall be liberally construed so as to prevent untrue, misleading, false, or fraudulent representations relating to rates being placed upon outdoor or outside signs pertaining to such establishments.
(Added by Stats. 1953, Ch. 975.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 3 - Motel and Motor Court Rate Signs › Section 17567.5.

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 equal to or greater than those imposed by this article.
(Added by Stats. 1967, Ch. 741.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 3 - Motel and Motor Court Rate Signs › Section 17568.

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 hundred dollars ($200) nor more than one thousand dollars ($1,000) or by imprisonment of not less than 10 days nor more than six months, or by both such fine and imprisonment.
(Amended by Stats. 1983, Ch. 1092, Sec. 52. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 3.5 - Hotel And Motel Advertised Rates › Section 17568.5.

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 the United States or the Governor, or upon the declaration of a local emergency resulting from an earthquake, flood, fire, riot, storm, or other natural disaster by the executive officer of any county, city, or city and county, and for a period of 30 days following that proclamation or declaration, an owner or operator of a hotel or motel may not increase the hotel or motel’s regular rates, as advertised immediately prior to the proclamation or declaration of emergency, by more than 10 percent. This prohibition does not apply if the owner or operator can prove that the increase in price is directly attributable to additional costs imposed on it for goods or labor used in its business, to seasonal adjustments in rates that are regularly scheduled, or to previously contracted rates.
(Added by Stats. 2004, Ch. 492, Sec. 1. 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 3.5 - Hotel And Motel Advertised Rates › Section 17568.6.

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, display, or offer a room rate, as defined in Section 17561, that does not include all fees or charges required to stay at the short-term lodging except taxes and fees imposed by a government on the stay.
(2) A place of short-term lodging, an internet website, application, or other similar centralized platform, or any other person shall include in the total price to be paid, before the consumer reserves the stay, all taxes and fees imposed by a government on the stay.
(b) For purposes of this section, “short-term lodging” means any hotel, motel, bed and breakfast inn, or other transient lodging. “Short-term lodging” also includes a short-term rental, or a residential property that is rented to a visitor for 30 consecutive days or less through a centralized platform whereby the rental is advertised, displayed, or offered and payments for the rental are processed.
(c) For purposes of this section, assessments under Chapter 1 (commencing with Section 13995) of Part 4.7 of Division 3 of Title 2 of the Government Code or under Part 6 (commencing with Section 36500) or Part 7 (commencing with Section 36600) of Division 18 of the Streets and Highways Code are fees imposed by a government on the stay.
(d) This section shall apply to any advertising, display, or offer before the public in this state, or from this state before the public in any state.
(e) (1) A person that knew or should have known that it has advertised, displayed, or offered a room rate in violation of this section shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000) for each violation.
(2) An action to enforce this section may be brought by a city attorney, district attorney, county counsel, or the Attorney General.
(f) The duties and obligations imposed by this section are cumulative with any other duties or obligations imposed under other law, and shall not be construed to relieve any party from any duties or obligations imposed under other law.
(g) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
(h) This section shall become operative on July 1, 2024.
(Added by Stats. 2023, Ch. 805, Sec. 1. (AB 537) Effective January 1, 2024. Operative July 1, 2024, by its own provisions.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 4 - American Indian-Made Articles › Section 17569.

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 the basic article was produced wholly by American Indian labor or workmanship.
Any article bearing a trademark or label registered by Indian persons, groups, bands, tribes, pueblos, or communities with the Indian Arts and Crafts Board in Washington, D.C., or with the American Indian Historical Society, Incorporated, in San Francisco, California, shall be presumed to be authentic.
Only those articles bearing a registered trademark or label of authentic Indian labor or workmanship may be deemed an art or craft of authentic Indian labor or workmanship.
(Added by Stats. 1965, Ch. 996.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 4 - American Indian-Made Articles › Section 17569.9.

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 Indian Affairs, or upon the enrollment listing of a recognized Indian tribe, band or pueblo.
(Added by Stats. 1965, Ch. 996.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 5 - Vending Machines › Section 17570.

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 using the machine.
Notwithstanding the foregoing, in the event that a person owns more than one vending machine located at the same place, such a person may, as an alternative to the above, post a clearly readable sign containing his name and address in a conspicuous location near the machines.
(Amended by Stats. 1977, Ch. 365.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 5 - Vending Machines › Section 17571.

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 denomination of five cents ($0.05) or more and which dispenses or vends a product, service, or exchange of equal value, other than telephone service furnished under public utility tariffs. The term shall not be construed to include any equipment used by a financial institution for the purpose of facilitating financial transactions, whether such equipment is located on the premises of the financial institution or at a location remote therefrom.
(Amended by Stats. 1977, Ch. 365.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 5 - Vending Machines › Section 17572.

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 exceed one thousand dollars ($1,000), or by both, for each violation.
(Amended by Stats. 1983, Ch. 1092, Sec. 53. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 6 - Water Treatment Devices › Section 17577.

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 promoters of water treatment devices. Water contamination problems throughout the nation have created concern among homeowners concerning the quality and healthfulness of home water for drinking. Some promoters of water treatment devices have made false, misleading, and unfair statements in connection with sale of water treatment devices, including, but not limited to, false, misleading, and unfair statements regarding general levels of water contamination, water contamination problems actually or potentially affecting particular homeowners, actual or potential health risks associated with the consumption of water, and the features and performance of water treatment devices. As a result of false, misleading, and unfair statements, including statements that have the purpose or effect of alarming the public about the condition of water, many homeowners have been pressured into purchasing water treatment devices without the opportunity to verify the accuracy of the sales representations.
(b) The Legislature also finds and declares that current law does not afford homeowners who enter transactions for the acquisition of water treatment devices the right in all instances to cancel the transaction within three days of its consummation. Moreover, homeowners may be subjected to the loss of their homes through the foreclosure of liens securing financing of water treatment devices.
(c) The Legislature further finds and declares that the protection of homeowners and consumers from untrue and misleading statements and from unfair dealing is of the utmost importance.
(d) The intent and purposes of this article are to safeguard the public against deceit; to ensure, foster, and encourage fair dealing in the sale of water treatment devices; to prohibit misleading representations; to prohibit certain liens on real property; and to afford homeowners a reasonable and meaningful opportunity to rescind transactions for the acquisition of water treatment devices.
(e) This article shall be liberally construed to effectuate the intent and to achieve the purposes described in subdivision (d).
(Added by Stats. 1988, Ch. 1053, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 6 - Water Treatment Devices › Section 17577.1.

17577.1. For the purposes of this article, the following terms have the following meanings:
(a) “Contaminant” or “contamination” means any health-related physical, chemical, biological, or radiological substance or matter in water.
(b) “Water treatment device” means any product that (1) is designed to alter the chemical or physical properties or characteristics of water or plumbing or the seller, lessor, or renter claims can alter the chemical or physical properties or characteristics of water or plumbing and (2) is used or sold, leased, or rented for use on residential real property primarily for personal, family, or household purposes. “Water treatment device” does not include any device that is regulated pursuant to Chapter 7.5 (commencing with Section 4040) of Part 1 of Division 5 of the Health and Safety Code.
(c) “Person” means any individual, partnership, firm, corporation, or association, or any employee or agent thereof.
(Amended by Stats. 1989, Ch. 1360, Sec. 9.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 6 - Water Treatment Devices › Section 17577.3.

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 or offer, as defined in subdivision (a) of Section 1689.5 of the Civil Code regardless of where the contract or offer was made, and shall be subject to the provisions of Sections 1689.5 to 1689.13, inclusive, of the Civil Code if the contract or offer arises out of a scheduled presentation to promote the sale, lease, or rental of a water treatment device to a person invited to attend the presentation at a location other than a private residence.
(b) A water treatment device or any other materials that are the subject of a contract offer described in subdivision (a) may be delivered and installed during the rescission period provided in Sections 1689.5 to 1689.13, inclusive, of the Civil Code. Notwithstanding any other law, if a buyer exercises his or her right to rescind the contract in accordance with those rescission provisions, the seller shall be responsible for all costs in removing the installed water treatment device or any other materials and shall remove that device or any other materials within 20 days of the rescission. If the seller’s services result in the alteration of property of the buyer, the seller shall restore the property to substantially as good condition as it was at the time the services were rendered.
(c) A water treatment device or any other materials that are the subject of a contract offer described in subdivision (a) shall be delivered and installed in accordance with Section 7163 and the federal Truth in Lending Act (15 U.S.C. Sec. 1601 et seq.), as applicable.
(Amended by Stats. 2018, Ch. 932, Sec. 1. (SB 981) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 6 - Water Treatment Devices › Section 17577.4.

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 five hundred dollars ($2,500), or by both.
(Added by Stats. 1986, Ch. 1278, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 6 - Water Treatment Devices › Section 17577.5.

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 provide for a lien on real property. Any lien taken in violation of this section is void and unenforceable.
(b) For the purpose of this section, “purchase money loan” means a loan or an advance under an open-end credit account if both of the following occur:
(1) The primary purpose of the loan or the primary purpose of establishing the open-end credit account is to finance all or a portion of the purchase price or any of the lease or rental payments for a water treatment device.
(2) The creditor knows the primary purpose of the loan or the primary purpose of establishing the open-end credit account when the loan is initially made or the open-end credit account is established.
(c) The creditor shall be deemed to know that the primary purpose of the loan or the primary purpose of establishing the open-end credit account is the primary purpose described in paragraph (1) of subdivision (b) if any of the following occur:
(1) The consumer’s application for credit or any other document in the creditor’s possession before the loan is made or the open-end account is established indicates the primary purpose of the loan or the open-end credit account.
(2) The seller, lessor, or renter arranges or guarantees the loan or open-end account, or participates in the preparation of the consumer’s application for credit or other loan documents, or receives from the creditor a loan commission, brokerage, or referral fee.
(d) For the purpose of this section, “open-end credit” has the same meaning as used in Section 226.2 of Title 12 of the Code of Federal Regulations.
(e) This section does not apply to mechanics liens established pursuant to Chapter 4 (commencing with Section 8400) of Title 2 of Part 6 of Division 4 of the Civil Code.
(Amended by Stats. 2010, Ch. 697, Sec. 10. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 6 - Water Treatment Devices › Section 17577.6.

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, exemplary damages, reasonable attorney’s fees and costs, and appropriate equitable relief.
(b) The rights and remedies provided in this article are in addition to, and not a limitation of, any other rights and remedies provided by law.
(c) Any action brought pursuant to this section shall be commenced within three years of the discovery by the party of the alleged violation.
(d) Any waiver of this article shall be void and unenforceable as contrary to public policy.
(Added by Stats. 1988, Ch. 1053, Sec. 10.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 7 - Environmental Representations › Section 17580.5.

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 this section, “environmental marketing claim” shall include any claim contained in the “Guides for the Use of Environmental Marketing Claims” published by the Federal Trade Commission.
(b) (1) It shall be a defense to any suit or complaint brought under this section that the person’s environmental marketing claims conform to the standards or are consistent with the examples contained in the “Guides for the Use of Environmental Marketing Claims” published by the Federal Trade Commission.
(2) Paragraph (1) does not apply to either of the following:
(A) Claims for violations of subdivision (d) of Section 18015 of the Public Resources Code.
(B) Claims for violations of paragraph (1) of subdivision (b) of Section 42355.51 of the Public Resources Code.
(Amended by Stats. 2021, Ch. 507, Sec. 2. (SB 343) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 7 - Environmental Representations › Section 17581.

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 five hundred dollars ($2,500), or by both.
(Added by Stats. 1990, Ch. 1413, Sec. 2.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 7.5 - Automotive Products › Section 17582.

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 ethylene glycol, shall include denatonium benzoate at a minimum of 30 parts per million as a bittering agent within the product so as to render it unpalatable. Another aversive agent may be used if it meets or exceeds the degree of aversion in test subjects obtained by utilizing the formulation of 30 parts per million of denatonium benzoate in antifreeze. Any manufacturer or packager of a product subject to this section shall maintain a record of the trade name, scientific name, and active ingredients of any bittering agent used pursuant to this chapter. Information and documentation maintained pursuant to this section shall be furnished to any member of the public upon request.
(b) (1) A manufacturer, distributor, recycler, or seller of an automotive product that is required to contain an aversive agent under this section is not liable to any person for any personal injury, death, or property damage that results from the inclusion of denatonium benzoate in ethylene glycol antifreeze.
(2) The limitation on liability provided by this subdivision is only applicable if denatonium benzoate is included in ethylene glycol antifreeze in concentrations mandated by this section.
(3) The limitation on liability provided by this subdivision does not apply if the personal injury, death, or property damage results from willful or wanton misconduct by the manufacturer, distributor, recycler, or seller of the ethylene glycol antifreeze.
(c) This section shall not be construed to apply to any of the following:
(1) The sale of a motor vehicle that contains engine coolant or antifreeze.
(2) Wholesale containers of antifreeze containing 55 gallons or more of the antifreeze.
(Added by Stats. 2002, Ch. 998, Sec. 1. Effective January 1, 2003.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 8 - Unsolicited and Unwanted Telephone Solicitations › Section 17590.

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 telephone solicitations. For the purposes of this article, a residential or wireless telephone subscriber shall be referred to as a subscriber.
(b) The act of becoming a subscriber should not undermine or lessen a person’s right of privacy as guaranteed under Section 1 of Article I of the California Constitution.
(c) Congress has passed and the President has signed the “Do-Not-Call Implementation Act” (H.R. 395) which authorizes the Federal Trade Commission (FTC) to implement and enforce a national “do not call” registry. The FTC has decided to create as part of the federal Telemarketing Sales Rule (16 C.F.R. 310) a single nationwide Do Not Call Registry (16 C.F.R. 310.4 (b)(1)(iii)(B)), which is anticipated to be fully implemented by the late fall of 2003. Thus, it is the intent of the Legislature to adopt the California telephone numbers on the national “do not call” registry as the California “do not call” registry. Doing so will have many benefits for California residents and businesses. For instance, it is free for consumers to register on the national registry; California residents will only have to register on one registry, instead of two; registration on the national registry is only required once every five years; and businesses affected by the law will only be required to purchase one registry, instead of two. Additionally, adopting the California telephone numbers on the national “do not call” registry as the California “do not call” registry will mean that California does not have to set up its own administrative system to develop and maintain a California only “do not call” registry, thus saving California tax payers millions of dollars.
(Amended by Stats. 2003, Ch. 779, Sec. 1. Effective January 1, 2004.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 8 - Unsolicited and Unwanted Telephone Solicitations › Section 17591.

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 federal laws; denying or interfering in any way, directly or indirectly, with a subscriber’s right to place a California telephone number on the “do not call” list; causing a subscriber to participate in and be included on the “do not call” list without the subscriber’s knowledge or consent; selling or leasing the “do not call” list to a person other than a telephone solicitor; selling or leasing by a telephone solicitor of the “do not call” list; charging a fee to place a California telephone number on the “do not call” list; and a telephone solicitor, either directly or indirectly, persuading a subscriber with whom it has an established business relationship to place his or her telephone number on the “do not call” list, if the solicitation has the effect of preventing competitors from contacting that solicitor’s customers.
(Amended by Stats. 2003, Ch. 779, Sec. 2. Effective January 1, 2004.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 8 - Unsolicited and Unwanted Telephone Solicitations › Section 17593.

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 to enforce the article and to obtain any one or more of the following remedies:
(1) An order to enjoin the violation.
(2) A civil penalty of up to the penalty amount that the Federal Trade Commission may seek pursuant to subparagraph (A) of paragraph (1) of subsection (m) of Section 45 of Title 15 of the United States Code as specified in Section 1.98 of Title 16 of the Code of Federal Regulations.
(3) Any other relief that the court deems proper.
(b) Any person who has received a telephone solicitation that is prohibited by Section 17592, or whose telephone number was used in violation of Section 17591, may bring a civil action in small claims court for an injunction or order to prevent further violations. If a person obtains an injunction or order under this subdivision and service of the injunction or order is properly effected, a person who thereafter receives further solicitations in violation of the injunction or order within 30 days after service of the initial injunction or order, may file a subsequent action in small claims court seeking enforcement of the injunction or order and a civil penalty to be awarded to the person in an amount up to one thousand dollars ($1,000). For purposes of this subdivision, a person’s claims may not be aggregated to establish jurisdiction in a court other than small claims court. For purposes of this subdivision, a defendant is not required to personally appear, but may appear by affidavit or by written instrument.
(c) The rights, remedies, and penalties established by this article are in addition to the rights, remedies, or penalties established under other laws.
(d) It shall be an affirmative defense to any action brought under this article that the violation was accidental and in violation of the telephone solicitor’s policies and procedures and telemarketer instruction and training.
(Amended by Stats. 2004, Ch. 183, Sec. 17. 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 8 - Unsolicited and Unwanted Telephone Solicitations › Section 17594.

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 from the Federal Trade Commission or submitted to the Attorney General by a subscriber for inclusion in the “do not call” list, shall not be disclosed pursuant to a request made under Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code and shall also be privileged under Section 1040 of the Evidence Code. Notwithstanding the foregoing, nothing in this section prevents the Attorney General from providing a certificate stating whether a specific telephone number was on the “do not call” list that was effective on the specified date or range of dates in response to:
(a) An inquiry from any law enforcement agency that is investigating, prosecuting, or responding to an allegation of a violation of this article.
(b) An inquiry from an individual who is investigating or litigating an alleged violation of this article and who seeks the certificate regarding the individual’s telephone number or to an inquiry from the person who is responding to the allegation.
(Amended by Stats. 2021, Ch. 615, Sec. 33. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 9 - Automatic Purchase Renewals › Section 17600.

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 consumers’ explicit consent for ongoing shipments of a product or ongoing deliveries of service.
(Added by Stats. 2009, Ch. 350, Sec. 1. (SB 340) Effective January 1, 2010. Section operative December 1, 2010, pursuant to Section 17606.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 9 - Automatic Purchase Renewals › Section 17601.

17601. For the purposes of this article, the following definitions shall apply:
(a) “Automatic renewal” means a plan or arrangement in which a paid subscription or purchasing agreement is automatically renewed at the end of a definite term for a subsequent term.
(b) “Automatic renewal offer terms” means the following clear and conspicuous disclosures:
(1) That the subscription or purchasing agreement will continue until the consumer cancels.
(2) The description of the cancellation policy that applies to the offer.
(3) The recurring charges that will be charged to the consumer’s credit or debit card or payment account with a third party as part of the automatic renewal plan or arrangement, and that the amount of the charge may change, if that is the case, and the amount to which the charge will change, if known.
(4) The length of the automatic renewal term or that the service is continuous, unless the length of the term is chosen by the consumer.
(5) The minimum purchase obligation, if any.
(c) “Clear and conspicuous” or “clearly and conspicuously” means in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks, in a manner that clearly calls attention to the language. In the case of an audio disclosure, “clear and conspicuous” and “clearly and conspicuously” means in a volume and cadence sufficient to be readily audible and understandable.
(d) “Consumer” means any individual who seeks or acquires, by purchase or lease, any goods, services, money, or credit for personal, family, or household purposes.
(e) “Continuous service” means a plan or arrangement in which a subscription or purchasing agreement continues until the consumer cancels the service.
(Added by Stats. 2009, Ch. 350, Sec. 1. (SB 340) Effective January 1, 2010. Section operative December 1, 2010, pursuant to Section 17606.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 9 - Automatic Purchase Renewals › Section 17603.

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 purchase, without first obtaining the consumer’s affirmative consent as described in Section 17602, the goods, wares, merchandise, or products shall for all purposes be deemed an unconditional gift to the consumer, who may use or dispose of the same in any manner he or she sees fit without any obligation whatsoever on the consumer’s part to the business, including, but not limited to, bearing the cost of, or responsibility for, shipping any goods, wares, merchandise, or products to the business.
(Added by Stats. 2009, Ch. 350, Sec. 1. (SB 340) Effective January 1, 2010. Section operative December 1, 2010, pursuant to Section 17606.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 9 - Automatic Purchase Renewals › Section 17604.

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 article may be employed.
(b) If a business complies with the provisions of this article in good faith, it shall not be subject to civil remedies.
(Added by Stats. 2009, Ch. 350, Sec. 1. (SB 340) Effective January 1, 2010. Section operative December 1, 2010, pursuant to Section 17606.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 9 - Automatic Purchase Renewals › Section 17605.

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 affiliate is doing business pursuant to a franchise issued by a political subdivision of the state or a license, franchise, certificate, or other authorization issued by the California Public Utilities Commission (CPUC).
(b) Any service provided by a business or its affiliate where either the business or its affiliate is regulated by the CPUC, the Federal Communications Commission, or the Federal Energy Regulatory Commission.
(c) Any entity regulated by the Department of Insurance.
(d) Alarm company operators, as defined in Section 7590.2, and regulated pursuant to Chapter 11.6 (commencing with Section 7590) of Division 3.
(e) A bank, bank holding company, or the subsidiary or affiliate of either, or a credit union or other financial institution, licensed under state or federal law.
(f) Service contract sellers and service contract administrators regulated by the Bureau of Electronic and Appliance Repair pursuant to Article 4.5 (commencing with Section 9855) of Chapter 20 of Division 3.
(Added by Stats. 2009, Ch. 350, Sec. 1. (SB 340) Effective January 1, 2010. Section operative December 1, 2010, pursuant to Section 17606.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 9 - Automatic Purchase Renewals › Section 17606.

17606. This article shall become operative on December 1, 2010.
(Added by Stats. 2009, Ch. 350, Sec. 1. (SB 340) Effective January 1, 2010. Note: This section prescribes a delayed operative date for Article 9, commencing with Section 17600.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 2 - Premium Coupons › Section 17700.

17700. As used in this chapter:
(a) “Coupon” includes certificates, cards, package labels, wrappers, can covers, bottle caps or other and similar devices, which entitle the person holding or delivering or surrendering them to have them exchanged for or redeemed in goods, wares, merchandise, or services of any kind free of charge or for less than the retail price of such goods, wares, merchandise, or services.
(b) “Person” includes persons, firm, firms, corporation and corporations.
(c) “Issue” includes use, distribute, give away, sell and furnish.
(Amended by Stats. 1957, Ch. 776.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 2 - Premium Coupons › Section 17701.

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 whom such coupon is exchangeable or redeemable, and unless such person specified is either:
(a) The person issuing such coupon
(b) Member or members of an association issuing such coupon which association shall be a bona fide organization in existence for a period of at least six months prior to issuing such coupon. The name and address by street and number of the principal place of business of the association shall also be specified in or upon such coupon
(c) A person engaged in the business of issuing coupons for use or distribution by itself or by other persons.
(Added by Stats. 1941, Ch. 64.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 2 - Premium Coupons › Section 17701.5.

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 paid to the person selling the item is clearly and conspicuously advertised along with the final price with the coupon.
(Added by Stats. 1990, Ch. 863, Sec. 1.)