reglab/statecodes huggingface dataset:
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 2 - PRESERVATION AND REGULATION OF COMPETITION › CHAPTER 4 - Unfair Trade Practices › ARTICLE 5 - Liability of Agents › Section 17095.

17095. Any person, who, either as director, officer or agent of any firm or corporation or as agent of any person, violating the provisions of this chapter, assists or aids, directly or indirectly, in such violation is responsible therefor equally with the person, firm or corporation for which he acts.
(Added by Stats. 1941, Ch. 526.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 2 - PRESERVATION AND REGULATION OF COMPETITION › CHAPTER 4 - Unfair Trade Practices › ARTICLE 5 - Liability of Agents › Section 17096.

17096. In any injunction proceeding against any person as officer, director or agent, it is sufficient to allege and prove the unlawful intent of the person, firm or corporation for which he acts.
(Added by Stats. 1941, Ch. 526.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 2 - PRESERVATION AND REGULATION OF COMPETITION › CHAPTER 4 - Unfair Trade Practices › ARTICLE 6 - Penal Provisions › Section 17100.

17100. Any person, whether as principal, agent, officer or director, for himself, or for another person, or for any firm or corporation, or any corporation, who or which violates this chapter is guilty of a misdemeanor for each single violation and upon conviction thereof, shall be punished by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) or by imprisonment not exceeding six months or by both such fine and imprisonment, in the discretion of the court.
(Added by Stats. 1941, Ch. 526.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 2 - PRESERVATION AND REGULATION OF COMPETITION › CHAPTER 4 - Unfair Trade Practices › ARTICLE 6 - Penal Provisions › Section 17101.

17101. In the prosecution of any person as officer, director or agent, it is sufficient to allege and prove the unlawful intent of the person, firm or corporation for which he acts.
(Added by Stats. 1941, Ch. 526.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 2 - PRESERVATION AND REGULATION OF COMPETITION › CHAPTER 5 - Enforcement › Section 17200.

17200. As used in this chapter, unfair competition shall mean and include any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising and any act prohibited by Chapter 1 (commencing with Section 17500) of Part 3 of Division 7 of the Business and Professions Code.
(Amended by Stats. 1992, Ch. 430, Sec. 2. Effective January 1, 1993.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 2 - PRESERVATION AND REGULATION OF COMPETITION › CHAPTER 5 - Enforcement › Section 17201.

17201. As used in this chapter, the term person shall mean and include natural persons, corporations, firms, partnerships, joint stock companies, associations and other organizations of persons.
(Added by Stats. 1977, Ch. 299.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 2 - PRESERVATION AND REGULATION OF COMPETITION › CHAPTER 5 - Enforcement › Section 17201.5.

17201.5. As used in this chapter:
(a) “Board within the Department of Consumer Affairs” includes any commission, bureau, division, or other similarly constituted agency within the Department of Consumer Affairs.
(b) “Local consumer affairs agency” means and includes any city or county body which primarily provides consumer protection services.
(Added by Stats. 1979, Ch. 897.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 2 - PRESERVATION AND REGULATION OF COMPETITION › CHAPTER 5 - Enforcement › Section 17202.

17202. Notwithstanding Section 3369 of the Civil Code, specific or preventive relief may be granted to enforce a penalty, forfeiture, or penal law in a case of unfair competition.
(Added by Stats. 1977, Ch. 299.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 2 - PRESERVATION AND REGULATION OF COMPETITION › CHAPTER 5 - Enforcement › Section 17203.

17203. Injunctive Relief—Court Orders
Any person who engages, has engaged, or proposes to engage in unfair competition may be enjoined in any court of competent jurisdiction. The court may make such orders or judgments, including the appointment of a receiver, as may be necessary to prevent the use or employment by any person of any practice which constitutes unfair competition, as defined in this chapter, or as may be necessary to restore to any person in interest any money or property, real or personal, which may have been acquired by means of such unfair competition. Any person may pursue representative claims or relief on behalf of others only if the claimant meets the standing requirements of Section 17204 and complies with Section 382 of the Code of Civil Procedure, but these limitations do not apply to claims brought under this chapter by the Attorney General, or any district attorney, county counsel, city attorney, or city prosecutor in this state.
(Amended November 2, 2004, by initiative Proposition 64, Sec. 2.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 2 - PRESERVATION AND REGULATION OF COMPETITION › CHAPTER 5 - Enforcement › Section 17204.

17204. Actions for Injunctions by Attorney General, District Attorney, County Counsel, and City Attorneys
Actions for relief pursuant to this chapter shall be prosecuted exclusively in a court of competent jurisdiction by the Attorney General or a district attorney or by a county counsel authorized by agreement with the district attorney in actions involving violation of a county ordinance, or by a city attorney of a city having a population in excess of 750,000, or by a county counsel of any county within which a city has a population in excess of 750,000, or by a city attorney in a city and county or, with the consent of the district attorney, by a city prosecutor in a city having a full-time city prosecutor in the name of the people of the State of California upon their own complaint or upon the complaint of a board, officer, person, corporation, or association, or by a person who has suffered injury in fact and has lost money or property as a result of the unfair competition.
(Amended by Stats. 2021, Ch. 140, Sec. 1. (SB 461) Effective January 1, 2022. Note: This section was amended on Nov. 2, 2004, by initiative Prop. 64.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 2 - PRESERVATION AND REGULATION OF COMPETITION › CHAPTER 5 - Enforcement › Section 17205.

17205. Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this state.
(Added by Stats. 1977, Ch. 299.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 2 - PRESERVATION AND REGULATION OF COMPETITION › CHAPTER 5 - Enforcement › Section 17206.2.

17206.2. (a) (1) In addition to any liability for a civil penalty pursuant to Section 17206, a person who violates this chapter, if the act or acts of unfair competition are perpetrated against one or more service members or veterans, may be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation, which may be assessed and recovered in a civil action as prescribed in Section 17206.
(2) Any civil penalty shall be paid as prescribed by subdivisions (b) and (c) of Section 17206.
(b) As used in this section, the following terms have the following meanings:
(1) “Service member” means a person who is a member of the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard, or the active militia of this state.
(2) “Veteran” means a person who was formerly a service member.
(Added by Stats. 2022, Ch. 620, Sec. 2. (SB 1311) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 2 - PRESERVATION AND REGULATION OF COMPETITION › CHAPTER 5 - Enforcement › Section 17208.

17208. Any action to enforce any cause of action pursuant to this chapter shall be commenced within four years after the cause of action accrued. No cause of action barred under existing law on the effective date of this section shall be revived by its enactment.
(Added by Stats. 1977, Ch. 299.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 2 - PRESERVATION AND REGULATION OF COMPETITION › CHAPTER 5 - Enforcement › Section 17209.

17209. If a violation of this chapter is alleged or the application or construction of this chapter is in issue in any proceeding in the Supreme Court of California, a state court of appeal, or the appellate division of a superior court, each person filing any brief or petition with the court in that proceeding shall serve, within three days of filing with the court, a copy of that brief or petition on the Attorney General, directed to the attention of the Consumer Law Section at a service address designated on the Attorney General’s official Web site for service of papers under this section or, if no service address is designated, at the Attorney General’s office in San Francisco, California, and on the district attorney of the county in which the lower court action or proceeding was originally filed. Upon the Attorney General’s or district attorney’s request, each person who has filed any other document, including all or a portion of the appellate record, with the court in addition to a brief or petition shall provide a copy of that document without charge to the Attorney General or the district attorney within five days of the request. The time for service may be extended by the Chief Justice or presiding justice or judge for good cause shown. No judgment or relief, temporary or permanent, shall be granted or opinion issued until proof of service of the brief or petition on the Attorney General and district attorney is filed with the court.
(Amended by Stats. 2004, Ch. 529, Sec. 4. Effective January 1, 2005.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 2 - PRESERVATION AND REGULATION OF COMPETITION › CHAPTER 6.5 - Reassignments › Section 17350.

17350. With respect to contracts entered into on or after the effective date of this chapter, no financial institution shall enter into a contract which provides for reassignment.
(Added by Stats. 1979, Ch. 819.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 2 - PRESERVATION AND REGULATION OF COMPETITION › CHAPTER 6.5 - Reassignments › Section 17351.

17351. For the purposes of this chapter:
(a) “Financial institution” means a bank, savings and loan association, or credit union chartered under the laws of this state or the United States or any other person or organization making loans upon the security of real property.
(b) “Reassignment” means the exercise of a contractual right of a financial institution which is the assignee of a contract which is subject to the provisions of the Unruh Act (Chapter 1 (commencing with Section 1801) of Title 2 of Part 4 of Division 3 of the Civil Code) and which is secured by a mortgage as defined in Article 1 (commencing with Section 2920) of Chapter 2 of Title 14 of Part 4 of Division 3 of the Civil Code on real property to return the contract to the party assigning it to the financial institution, or to assign it to any other person, upon the default of one or more of the parties to the contract.
(Amended by Stats. 1980, Ch. 423, Sec. 3. Effective July 11, 1980.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 2 - PRESERVATION AND REGULATION OF COMPETITION › CHAPTER 7 - Sales of Telephone and Other Communications Equipment › Section 17360.

17360. As used in this chapter, “person” includes an individual, partnership, firm, association, or corporation.
(Added by Stats. 1983, Ch. 738, Sec. 2. Effective September 13, 1983. Section operative November 1, 1983, pursuant to Section 17365.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 2 - PRESERVATION AND REGULATION OF COMPETITION › CHAPTER 7 - Sales of Telephone and Other Communications Equipment › Section 17361.

17361. Any person offering for sale or selling telephone handsets or keysets or private branch exchanges or private automatic branch exchanges of not more than 20-station capacity, whether new or reconditioned, shall specify in all advertisements and catalogs therefor, except point-of-sale advertising, and on or in the equipment package both of the following:
(a) Whether the equipment employs pulse, tone, pulse-or-tone, or other signaling method, and a general description of the services it can or cannot access as a result thereof.
(b) Whether the equipment is registered with the Federal Communications Commission pursuant to Part 68 of Title 47 of the Code of Federal Regulations.
(Added by Stats. 1983, Ch. 738, Sec. 2. Effective September 13, 1983. Section operative November 1, 1983, pursuant to Section 17365.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 2 - PRESERVATION AND REGULATION OF COMPETITION › CHAPTER 7 - Sales of Telephone and Other Communications Equipment › Section 17362.

17362. A retailer of telephone equipment shall give clear and conspicuous notice, both on the sale premises and in advertising and catalogs for telephone equipment, except point-of-sale advertising, of the person or persons responsible for repair of the equipment.
(Added by Stats. 1983, Ch. 738, Sec. 2. Effective September 13, 1983. Section operative November 1, 1983, pursuant to Section 17365.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 2 - PRESERVATION AND REGULATION OF COMPETITION › CHAPTER 7 - Sales of Telephone and Other Communications Equipment › Section 17363.

17363. Notwithstanding any other provision of this chapter, Sections 17361 and 17362 do not apply to any of the following:
(a) Institutional advertising directed to a general audience rather than to individual purchasers of telephone equipment.
(b) Advertising, point-of-sale advertising, catalogs for, and sales of, telephone equipment not intended for direct connection to a telephone corporation’s central switching office through the telephone corporation lines.
(c) Catalogs and equipment packages for telephone equipment which are in print or in physical production on or before November 1, 1983.
(d) Advertising by radio or television if the advertising includes a toll-free number by which a potential buyer may speak personally with a trained sales representative who orally provides the potential buyer with a disclosure statement containing both of the items required by Section 17361. The advertiser shall file the text of this disclosure statement with the Director of Consumer Affairs and shall amend the filed statement, as needed, to conform to any changes made in the disclosure statement used by the advertiser.
(Amended by Stats. 1984, Ch. 544, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 2 - PRESERVATION AND REGULATION OF COMPETITION › CHAPTER 7 - Sales of Telephone and Other Communications Equipment › Section 17363.5.

17363.5. Any person advertising or offering for sale automatic dialing-announcing devices, as defined in Section 2871 of the Public Utilities Code, shall specify on all advertising therefor and in the instruction manual or other information included with the equipment that the equipment may be operated within California only in accordance with Article 1 (commencing with Section 2871) of Chapter 10 of Part 2 of Division 1 of the Public Utilities Code. The person shall also provide a full copy of that article to each purchaser of the equipment, and shall also provide a full copy to each prospective purchaser upon request.
(Added by Stats. 1984, Ch. 544, Sec. 2.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 2 - PRESERVATION AND REGULATION OF COMPETITION › CHAPTER 7 - Sales of Telephone and Other Communications Equipment › Section 17364.

17364. Every failure to comply with any provision of this chapter constitutes unfair competition and shall be enforced under Chapter 5 (commencing with Section 17200).
(Added by Stats. 1983, Ch. 738, Sec. 2. Effective September 13, 1983. Section operative November 1, 1983, pursuant to Section 17365.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 2 - PRESERVATION AND REGULATION OF COMPETITION › CHAPTER 7 - Sales of Telephone and Other Communications Equipment › Section 17365.

17365. This chapter shall become operative on November 1, 1983.
(Added by Stats. 1983, Ch. 738, Sec. 2. Effective September 13, 1983. Note: This section prescribes a delayed operative date for Chapter 7, commencing with Section 17360.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 1 - False Advertising in General › Section 17500.

17500. It is unlawful for any person, firm, corporation or association, or any employee thereof with intent directly or indirectly to dispose of real or personal property or to perform services, professional or otherwise, or anything of any nature whatsoever or to induce the public to enter into any obligation relating thereto, to make or disseminate or cause to be made or disseminated before the public in this state, or to make or disseminate or cause to be made or disseminated from this state before the public in any state, in any newspaper or other publication, or any advertising device, or by public outcry or proclamation, or in any other manner or means whatever, including over the Internet, any statement, concerning that real or personal property or those services, professional or otherwise, or concerning any circumstance or matter of fact connected with the proposed performance or disposition thereof, which is untrue or misleading, and which is known, or which by the exercise of reasonable care should be known, to be untrue or misleading, or for any person, firm, or corporation to so make or disseminate or cause to be so made or disseminated any such statement as part of a plan or scheme with the intent not to sell that personal property or those services, professional or otherwise, so advertised at the price stated therein, or as so advertised. Any violation of the provisions of this section is a misdemeanor punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both that imprisonment and fine.
(Amended by Stats. 1998, Ch. 599, Sec. 2.5. Effective January 1, 1999.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 1 - False Advertising in General › Section 17500.1.

17500.1. Notwithstanding any other provision of law, no trade or professional association, or state agency, state board, or state commission within the Department of Consumer Affairs shall enact any rule, regulation, or code of professional ethics which shall restrict or prohibit advertising by any commercial or professional person, firm, partnership or corporation which does not violate the provisions of Section 17500 of the Business and Professions Code, or which is not prohibited by other provisions of law.
The provisions of this section shall not apply to any rules or regulations heretofore or hereafter formulated pursuant to Section 6076.
(Amended by Stats. 1979, Ch. 653.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 1 - False Advertising in General › Section 17500.5.

17500.5. (a) It is unlawful for any person, firm, corporation or association to falsely represent by advertisement the quantity of any article so advertised that will be sold to any one customer on his demand in a single transaction, and willfully or negligently to fail to include in such advertisement a statement that any restriction that is in fact put upon the quantity of any article so advertised that is sold or offered for sale to any one customer on his demand in a single transaction.
(b) Any person, firm, corporation, or association who, by means of such false or negligent advertisement or publicity, induces any individual retail purchaser and consumer to enter any place of business designated therein seeking to buy any article so advertised or publicized, and then refuses to sell to such person the article at the price advertised in any quantity then available for sale on said premises, shall be liable to each person so induced and refused, for the losses and expenses thereby incurred, and the sum of fifty dollars ($50) in addition thereto.
(c) Nothing in this section shall affect any right a seller may have to refuse to extend credit to a customer, and this section shall not be applicable to a customer purchasing for resale.
(d) The provisions of subdivision (b) are applicable only to actions brought in the name of, and on behalf of, a single plaintiff and shall not be applicable in multiple plaintiff or class actions.
(Added by Stats. 1970, Ch. 1121.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 1 - False Advertising in General › Section 17501.

17501. For the purpose of this article the worth or value of any thing advertised is the prevailing market price, wholesale if the offer is at wholesale, retail if the offer is at retail, at the time of publication of such advertisement in the locality wherein the advertisement is published.
No price shall be advertised as a former price of any advertised thing, unless the alleged former price was the prevailing market price as above defined within three months next immediately preceding the publication of the advertisement or unless the date when the alleged former price did prevail is clearly, exactly and conspicuously stated in the advertisement.
(Added by Stats. 1941, Ch. 63.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 1 - False Advertising in General › Section 17502.

17502. This article does not apply to any visual or sound radio broadcasting station, to any internet service provider or commercial online service, or to any publisher of a newspaper, magazine, or other publication, who broadcasts or publishes, including over the Internet, an advertisement in good faith, without knowledge of its false, deceptive, or misleading character.
(Amended by Stats. 1998, Ch. 599, Sec. 3. Effective January 1, 1999.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 1 - False Advertising in General › Section 17504.

17504. (a) Any person, partnership, corporation, firm, joint stock company, association, or organization engaged in business in this state as a retail seller who sells any consumer good or service which is sold only in multiple units and which is advertised by price shall advertise those goods or services at the price of the minimum multiple unit in which they are offered.
(b) Nothing contained in subdivision (a) shall prohibit a retail seller from advertising any consumer good or service for sale at a single unit price where the goods or services are sold only in multiple units and not in single units as long as the advertisement also discloses, at least as prominently, the price of the minimum multiple unit in which they are offered.
(c) For purposes of subdivisions (a) and (b), “consumer good” means any article which is used or bought for use primarily for personal, family, or household purposes, but does not include any food item.
(d) For the purposes of subdivisions (a) and (b), “consumer service” means any service which is obtained for use primarily for personal, family, or household purposes.
(e) For purposes of subdivisions (a) and (b), “retail seller” means an individual, firm, partnership, corporation, joint stock company, association, organization, or other legal relationship which engages in the business of selling consumer goods or services to retail buyers.
(Amended by Stats. 1987, Ch. 439, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 1 - False Advertising in General › Section 17505.

17505. No person shall state, in an advertisement of his goods, that he is a producer, manufacturer, processor, wholesaler, or importer, or that he owns or controls a factory or other source of supply of goods, when such is not the fact, and no person shall in any other manner misrepresent the character, extent, volume, or type of his business.
(Added by Stats. 1963, Ch. 1733.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 1 - False Advertising in General › Section 17505.2.

17505.2. (a) It is unlawful for a person to represent himself or herself as a recreation therapist, to represent the services he or she performs as recreation therapy, or to use terms set forth in subdivision (c) in connection with his or her services, name, or place of business, unless he or she meets all of the following requirements:
(1) Graduation from an accredited college or university with a minimum of a baccalaureate degree in recreation therapy or in recreation and leisure studies with a specialization in recreation therapy. Alternatively, a person who does not have one of the preceding degrees may qualify if he or she has a baccalaureate degree in a specialization acceptable for certification or eligible for certification by any accrediting body specified in paragraph (2).
(2) Current certification or eligibility for certification as a recreation therapist by the California Board of Recreation and Park Certification or by the National Council for Therapeutic Recreation Certification, Inc.
(b) No person shall represent himself or herself as a recreation therapist assistant, or represent the services he or she performs as being in any way related to recreation therapy, unless he or she at a minimum has current certification, or has eligibility for certification, by the California Board of Recreation and Park Certification or by the National Council for Therapeutic Recreation Certification, Inc., as a recreation therapist assistant.
(c) A person who does not meet the requirements of subdivision (a) or (b) may not use any of the following words or abbreviations in connection with his or her services, name, or place of business:
(1) Recreation therapist registered.
(2) Recreation therapist certified.
(3) Certified therapeutic recreation specialist.
(4) Recreation therapist.
(5) Recreation therapist assistant registered.
(6) Certified therapeutic recreation assistant.
(7) RTR.
(8) RTC.
(9) CTRS.
(10) RT.
(11) RTAR.
(12) CTRA.
(d) For purposes of subdivision (c), the abbreviation RT shall not be construed to include rehabilitation therapist or respiratory therapist.
(e) Any person injured by a violation of this section may bring a civil action and may recover one thousand five hundred dollars ($1,500) for the first violation and two thousand five hundred dollars ($2,500) for each subsequent violation. This is the sole remedy for a violation of this section.
(Amended by Stats. 1998, Ch. 485, Sec. 26. Effective January 1, 1999.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 1 - False Advertising in General › Section 17506.

17506. As used in this chapter, “person” includes any individual, partnership, firm, association, or corporation.
(Added by Stats. 1970, Ch. 664.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 1 - False Advertising in General › Section 17506.5.

17506.5. As used in this chapter:
(a) “Board within the Department of Consumer Affairs” includes any commission, bureau, division, or other similarly constituted agency within the Department of Consumer Affairs.
(b) “Local consumer affairs agency” means and includes any city or county body which primarily provides consumer protection services.
(Added by Stats. 1979, Ch. 897.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 1 - False Advertising in General › Section 17507.

17507. It is unlawful for any person, firm, corporation or association to make an advertising claim or representation pertaining to more than one article of merchandise or type of service, within the same class of merchandise or service, if any price set forth in such claim or representation does not clearly and conspicuously identify the article of merchandise or type of service to which it relates. Disclosure of the relationship between the price and particular article of merchandise or type of service by means of an asterisk or other symbol, and corresponding footnote, does not meet the requirement of clear and conspicuous identification when the particular article of merchandise or type of service is not represented pictorially.
(Added by Stats. 1971, Ch. 682.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 1.3 - Charitable Solicitations › Section 17510.

17510. (a) The Legislature finds that there exists in the area of solicitations and sales solicitations for charitable purposes a condition which has worked fraud, deceit and imposition upon the people of the state which existing legal remedies are inadequate to correct. Many solicitations or sales solicitations for charitable purposes have involved situations where funds are solicited from the citizens of this state for charitable purposes, but an insignificant amount, if any, of the money solicited and collected actually is received by any charity. The charitable solicitation industry has a significant impact upon the well-being of the people of this state. The provisions of this article relating to solicitations and sale solicitations for charitable purposes are, therefore, necessary for the public welfare.
(b) The Legislature declares that the purpose of this article is to safeguard the public against fraud, deceit and imposition, and to foster and encourage fair solicitations and sales solicitations for charitable purposes, wherein the person from whom the money is being solicited will know what portion of the money will actually be utilized for charitable purposes. This article will promote legitimate solicitations and sales solicitation for charitable purposes and restrict harmful solicitation methods, thus the people of this state will not be misled into giving solicitors a substantial amount of money which may not in fact be used for charitable purposes.
(Amended by Stats. 1980, Ch. 1267, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 1.3 - Charitable Solicitations › Section 17510.1.

17510.1. As used in this article, “sale” shall include a gift made with the hope or expectation of monetary compensation.
(Added by Stats. 1972, Ch. 1113.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 1.3 - Charitable Solicitations › Section 17510.2.

17510.2. (a) As used in this article, “solicitation for charitable purposes,” means any request, plea, entreaty, demand, or invitation, or attempt thereof, to give money or property, in connection with which any of the following applies:
(1) Any appeal is made for charitable purposes.
(2) The name of any charity, philanthropic or charitable organization is used or referred to in any such appeal as an inducement for making any such gift.
(3) Any statement is made to the effect that the gift or any part thereof will go to or be used for any charitable purpose or organization.
(4) The name of any organization of law enforcement personnel, firefighters, or other persons who protect the public safety is used or referred to as an inducement for transferring any money or property, unless the only expressed or implied purpose of the solicitation is for the sole benefit of the actual active membership of the organization.
(b) As used in this article, “sales solicitation for charitable purposes” means the sale of, offer to sell, or attempt to sell any advertisement, advertising space, book, card, chance, coupon device, magazine subscription, membership, merchandise, ticket of admission or any other thing or service in connection with which any of the following applies:
(1) Any appeal is made for charitable purposes.
(2) The name of any charity, philanthropic or charitable organization is used or referred to in any such appeal as an inducement for making any such sale.
(3) Any statement is made to the effect that the whole or any part of the proceeds from the sale will go to or be used for any charitable purpose or organization.
(4) The name of any organization of law enforcement personnel, firefighters, or other persons who protect the public safety is used or referred to as an inducement for transferring any money or property, unless the only expressed or implied purpose of the sales solicitation is for the sole benefit of the actual active membership of the organization.
(c) A solicitation for charitable purposes, or a sale, offer or attempt to sell for charitable purposes, shall include the making or disseminating or causing to be made or disseminated before the public in this state, in any newspaper or other publication, or any advertising device, or by public outcry or proclamation, or in any other manner or means whatsoever any such solicitation.
(d) For purposes of this article, “charity” shall include any person who, or any nonprofit community organization, fraternal, benevolent, educational, philanthropic, or service organization, or governmental employee organization which, solicits or obtains contributions solicited from the public for charitable purposes or holds any assets for charitable purposes.
(Amended by Stats. 1998, Ch. 445, Sec. 1. Effective January 1, 1999.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 1.3 - Charitable Solicitations › Section 17510.4.

17510.4. If the initial solicitation or sales solicitation is made by radio, television, letter, telephone, or any other means not involving direct personal contact with the person solicited, including over the Internet, this solicitation shall clearly disclose the information required by Section 17510.3. This disclosure requirement shall not apply to any radio or television solicitation of 60 seconds or less. If the gift is subsequently made or the sale is subsequently consummated, the solicitation or sale for charitable purposes card shall be mailed to or otherwise delivered to the donor, or to the buyer with the item or items purchased.
(Amended by Stats. 1998, Ch. 599, Sec. 5. Effective January 1, 1999.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 1.3 - Charitable Solicitations › Section 17510.5.

17510.5. (a) The financial records of a soliciting organization shall be maintained on the basis of generally accepted accounting principles as defined by the American Institute of Certified Public Accountants, the Governmental Accounting Standards Board, or the Financial Accounting Standards Board.
(b) The disclosure requirement of paragraph (7) of subdivision (a) of Section 17510.3 shall be based on the same accounting principles used to maintain the soliciting organization’s financial records.
(Amended by Stats. 2004, Ch. 919, Sec. 1. Effective January 1, 2005.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 1.3 - Charitable Solicitations › Section 17510.6.

17510.6. The provisions of this article shall not apply to solicitations, sales, offers, or attempts to sell within the membership of a charitable organization or upon its regular occupied premises, nor shall it apply to funds raised as authorized by Section 326.5 of the Penal Code.
(Repealed and added by Stats. 1980, Ch. 1267, Sec. 8.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 1.3 - Charitable Solicitations › Section 17510.7.

17510.7. Compliance with any city or county ordinance which provides for disclosure of information relating to solicitations or sales solicitations for charitable purposes substantially similar to and no less than the disclosure requirements of this article shall be deemed to satisfy the requirements of this article. The provisions of this article are not intended to preempt any city or county ordinance.
(Amended by Stats. 1982, Ch. 509, Sec. 2.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 1.3 - Charitable Solicitations › Section 17510.8.

17510.8. Notwithstanding any other provision of this article, there exists a fiduciary relationship between a charity or any person soliciting on behalf of a charity, and the person from whom a charitable contribution is being solicited. The acceptance of charitable contributions by a charity or any person soliciting on behalf of a charity establishes a charitable trust and a duty on the part of the charity and the person soliciting on behalf of the charity to use those charitable contributions for the declared charitable purposes for which they are sought. This section is declarative of existing trust law principles.
(Added by Stats. 1992, Ch. 1170, Sec. 1. Effective January 1, 1993.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 1.3 - Charitable Solicitations › Section 17510.85.

17510.85. (a) An individual, corporation, or other legal entity who for compensation solicits funds or other property in this state for charitable purposes shall disclose prior to an oral solicitation or sales solicitation made by direct personal contact, radio, television, telephone, or over the Internet, or at the same time as a written solicitation or sales solicitation:
(1) That the solicitation or sales solicitation is being conducted by a commercial fundraiser for charitable purposes.
(2) The name of the commercial fundraiser for charitable purposes as registered with the Attorney General pursuant to Section 12599 of the Government Code.
(b) The disclosures required pursuant to this section, if printed or if presented electronically, shall be in at least 12-point type, and shall be clear and conspicuous, as defined in Section 17601.
(Amended by Stats. 2015, Ch. 299, Sec. 1. (AB 556) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 1.3 - Charitable Solicitations › Section 17510.87.

17510.87. Any individual, corporation, or other legal entity who, for compensation, solicits funds or other property in this state for charitable purposes is prohibited from retaining more than 50 percent of the net proceeds collected as a fee for fundraising services. For purposes of this section only, a fee does not include a flat fee agreed upon prior to the initiation of direct solicitation that is associated with the development of a solicitation or marketing campaign for charitable purposes.
A violation of this section shall not be a crime. However, it is subject to all applicable civil remedies. In addition, any person who collects any fee in excess of the limits imposed by this section shall be subject to a penalty in the amount of the excess fee, which penalty may be collected in an action by any person authorized to bring an enforcement action under Chapter 5 (commencing with Section 17200) and distributed as provided in that chapter.
This section shall only apply to contracts entered into or renewed on or after January 1, 1995.
(Added by Stats. 1994, Ch. 1279, Sec. 1. Effective January 1, 1995.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 1.3 - Charitable Solicitations › Section 17510.9.

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

17510.95. The Attorney General shall annually publish a report that includes information provided to the Registry of Charities and Fundraisers pursuant to Section 17510.9 for all charities reporting under that section. The report shall be made available to public main libraries in the state at no cost and to any person upon request and the payment of a reasonable fee to cover the costs of publication and distribution.
(Amended by Stats. 2023, Ch. 478, Sec. 3. (AB 1756) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 1.4 - Telephonic Sellers › Section 17511.

17511. (a) The Legislature finds and declares that the widespread use of telephone solicitors to initiate sales of goods, real property, and investment opportunities has created numerous problems for purchasers and investors which are inimical to good business practices. Telephonic sales have a significant impact upon the economy and well-being of this state and its local communities. However, purchasers have suffered substantial losses because of (1) misrepresentations, (2) lack of full and complete information regarding both the telephonic seller and the goods and investments the telephonic seller is offering, and (3) failure of delivery. The provisions of this article relating to telephonic sellers are necessary for the public welfare.
(b) It is the intent of the Legislature in enacting this article to (1) provide each prospective telephonic sales purchaser with information necessary to make an intelligent decision regarding the offer made, (2) safeguard the public against deceit and financial hardship, (3) insure, foster, and encourage competition and fair dealings among telephonic sellers by requiring adequate disclosure, and (4) prohibit representations that tend to mislead. This article shall be construed liberally in order to achieve these purposes.
(Added by Stats. 1985, Ch. 1009, Sec. 1.)