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 - Particular Offenses › Section 17535.

17535. Obtaining Injunctive Relief
Any person, corporation, firm, partnership, joint stock company, or any other association or organization which violates or proposes to violate this chapter may be enjoined by any court of competent jurisdiction. The court may make such orders or judgments, including the appointment of a receiver, as may be necessary to prevent the use or employment by any person, corporation, firm, partnership, joint stock company, or any other association or organization of any practices which violate this chapter, or which may be necessary to restore to any person in interest any money or property, real or personal, which may have been acquired by means of any practice in this chapter declared to be unlawful.
Actions for injunction under this section may be prosecuted by the Attorney General or any district attorney, county counsel, city attorney, or city prosecutor in this state in the name of the people of the State of California upon their own complaint or upon the complaint of any board, officer, person, corporation or association or by any person who has suffered injury in fact and has lost money or property as a result of a violation of this chapter. Any person may pursue representative claims or relief on behalf of others only if the claimant meets the standing requirements of this section and complies with Section 382 of the Code of Civil Procedure, but these limitations do not apply to claims brought under this chapter by the Attorney General, or any district attorney, county counsel, city attorney, or city prosecutor in this state.
(Amended November 2, 2004, by initiative Proposition 64, Sec. 5.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2 - Particular Offenses › Section 17535.5.

17535.5. (a) Any person who intentionally violates any injunction issued pursuant to Section 17535 shall be liable for a civil penalty not to exceed six thousand dollars ($6,000) for each violation. Where the conduct constituting a violation is of a continuing nature, each day of such conduct is a separate and distinct violation. In determining the amount of the civil penalty, the court shall consider all relevant circumstances, including, but not limited to, the extent of harm caused by the conduct constituting a violation, the nature and persistence of such conduct, the length of time over which the conduct occurred, the assets, liabilities and net worth of the person, whether corporate or individual, and any corrective action taken by the defendant.
(b) The civil penalty prescribed by this section shall be assessed and recovered in a civil action brought in any county in which the violation occurs or where the injunction was issued in the name of the people of the State of California by the Attorney General or by any district attorney, county counsel, or city attorney in any court of competent jurisdiction within his jurisdiction without regard to the county from which the original injunction was issued. An action brought pursuant to this section to recover such civil penalties shall take special precedence over all civil matters on the calendar of the court except those matters to which equal precedence on the calendar is granted by law.
(c) If such an action is brought by the Attorney General, one-half of the penalty collected pursuant to this section shall be paid to the treasurer of the county in which the judgment was entered, and one-half to the State Treasurer. If brought by a district attorney or county counsel, the entire amount of the penalty collected shall be paid to the treasurer of the county in which the judgment is entered. If brought by a city attorney or city prosecutor, one-half of the penalty shall be paid to the treasurer of the county in which the judgment was entered and one-half to the city.
(d) If the action is brought at the request of a board within the Department of Consumer Affairs or a local consumer affairs agency, the court shall determine the reasonable expenses incurred by the board or local agency in the investigation and prosecution of the action.
Before any penalty collected is paid out pursuant to subdivision (c), the amount of such reasonable expenses incurred by the board shall be paid to the State Treasurer for deposit in the special fund of the board described in Section 205. If the board has no such special fund, the moneys shall be paid to the State Treasurer. The amount of such reasonable expenses incurred by a local consumer affairs agency shall be paid to the general fund of the municipality or county which funds the local agency.
(Amended by Stats. 1979, Ch. 897.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2 - Particular Offenses › Section 17536.

17536. Penalty for Violations of Chapter; Proceedings; Disposition of Proceeds
(a) Any person who violates any provision of this chapter shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General or by any district attorney, county counsel, or city attorney in any court of competent jurisdiction.
(b) The court shall impose a civil penalty for each violation of this chapter. In assessing the amount of the civil penalty, the court shall consider any one or more of the relevant circumstances presented by any of the parties to the case, including, but not limited to, the following: the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, the willfulness of the defendant’s misconduct, and the defendant’s assets, liabilities, and net worth.
(c) If the action is brought by the Attorney General, one-half of the penalty collected shall be paid to the treasurer of the county in which the judgment was entered, and one-half to the State Treasurer.
If brought by a district attorney or county counsel, the entire amount of penalty collected shall be paid to the treasurer of the county in which the judgment was entered. If brought by a city attorney or city prosecutor, one-half of the penalty shall be paid to the treasurer of the county and one-half to the city. The aforementioned funds shall be for the exclusive use by the Attorney General, district attorney, county counsel, and city attorney for the enforcement of consumer protection laws.
(d) If the action is brought at the request of a board within the Department of Consumer Affairs or a local consumer affairs agency, the court shall determine the reasonable expenses incurred by the board or local agency in the investigation and prosecution of the action.
Before any penalty collected is paid out pursuant to subdivision (c), the amount of such reasonable expenses incurred by the board shall be paid to the State Treasurer for deposit in the special fund of the board described in Section 205. If the board has no such special fund the moneys shall be paid to the State Treasurer. The amount of such reasonable expenses incurred by a local consumer affairs agency shall be paid to the general fund of the municipality which funds the local agency.
(e) As applied to the penalties for acts in violation of Section 17530, the remedies provided by this section and Section 17534 are mutually exclusive.
(Amended November 2, 2004, by initiative Proposition 64, Sec. 6.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2 - Particular Offenses › Section 17536.5.

17536.5. If a violation of this chapter is alleged or the application or construction of this chapter is in issue in any proceeding in the Supreme Court of California, a state court of appeal, or the appellate division of a superior court, each person filing any brief or petition with the court in that proceeding shall serve, within three days of filing with the court, a copy of that brief or petition on the Attorney General, directed to the attention of the Consumer 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 petition or brief on the Attorney General and district attorney is filed with the court.
(Amended by Stats. 2004, Ch. 529, Sec. 5. Effective January 1, 2005.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2 - Particular Offenses › Section 17537.3.

17537.3. The following acts are prohibited:
(a) For any person to offer as part of an advertising plan or program, promotional offers of smokeless tobacco products which require proof of purchase of a smokeless tobacco product unless it carries a designation that the offer is not available to persons under 21 years of age. Each promotional offer shall include in any mail-in coupon a statement requesting purchasers to verify that the purchaser is 21 years of age or older.
(b) For any person to honor mail-in and telephone requests for promotional offers of smokeless tobacco products unless appropriate efforts are made to ascertain that a purchaser is over 21 years of age. For purposes of this subdivision, appropriate efforts to ascertain the age of a purchaser includes, but is not limited to, requests for a purchaser’s birth date.
(c) For any person by any means, as part of an advertising plan or program, to distribute free samples of smokeless tobacco products within a two-block radius of any premises or facilities whose primary purpose is directed toward persons under 21 years of age including, but not limited to, schools, clubhouses, and youth centers, when those premises are being used for their primary purposes.
(d) For any person to distribute, as part of any advertising plan or program, unsolicited samples of smokeless tobacco products through a mail campaign.
(Amended by Stats. 2016, 2nd Ex. Sess., Ch. 8, Sec. 1. (SB 7 2x) Effective June 9, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2 - Particular Offenses › Section 17537.4.

17537.4. If the person making an offer subject to Section 17537 or to subdivision (a) of Section 17537.1, or any employee, agent, or independent contractor employed or authorized by that person, violates any provision of Section 17537, 17537.1, or 17537.2, the recipient of the offer who is damaged by the violation may bring a civil action against the person making the offer for, and may be awarded, treble damages. The court may award reasonable attorneys’ fees to the prevailing party.
(Added by renumbering Section 17537.2 by Stats. 1990, Ch. 1529, Sec. 2.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2 - Particular Offenses › Section 17537.5.

17537.5. (a) It is unlawful for any person soliciting a sale or order for energy conservation products or services, including over the Internet, to do any of the following:
(1) Make false claims of affiliation or association with an electrical or gas corporation or municipally owned and operated electrical or gas utility or its energy conservation programs.
(2) Falsely represent that the purchase of an energy conservation service or the purchase or installation of an energy conservation product is required by law.
(3) Misrepresent the nature of the purchaser’s obligation for the purchase price of the energy conservation products or services.
(4) Misrepresent the tax consequences of purchasing energy conservation products or services.
(b) Any person, firm, corporation, partnership or association, and any employee or agent thereof who violates this section (1) in the course of solicitation of a sale or order at a residence; (2) by telephone; or (3) by any other method or at any other location, including over the Internet, shall be liable for the damages provided by subdivision (c) of Section 17500.3, in addition to all other penalties provided by law.
(Amended by Stats. 1998, Ch. 599, Sec. 14. Effective January 1, 1999.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2 - Particular Offenses › Section 17537.7.

17537.7. Except as to communications described in paragraph (2) of subdivision (n) of Section 11713.1 of the Vehicle Code, it is unlawful for any person to use the terms “invoice,” “dealer invoice,” “wholesale price,” or similar terms that refer to a dealer’s cost for a motor vehicle in an advertisement for the sale or lease of a vehicle, or advertise that the selling price of a vehicle is above, below, or at either of the following:
(a) The manufacturer’s or distributor’s invoice or selling price to a dealer.
(b) A dealer’s cost.
(Added by Stats. 1995, Ch. 585, Sec. 1. Effective January 1, 1996.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2 - Particular Offenses › Section 17537.11.

17537.11. (a) It is unlawful for any person to offer a coupon that is in any manner untrue or misleading.
(b) It is unlawful for any person to offer a coupon described as “free” or as a “gift,” “prize,” or other similar term if (1) the recipient of the coupon is required to pay money or buy any goods or services to obtain or use the coupon, and (2) the person offering the coupon or anyone honoring the coupon made the majority of his or her sales in the preceding year in connection with one or more “free,” “gift,” “prize,” or similarly described coupons.
(c) For purposes of this section:
(1) “Coupon” includes any coupon, certificate, document, discount, or similar matter that purports to entitle the user of the coupon to obtain goods or services for free or for a special or reduced price.
(2) “Sale” includes lease or rent.
(Amended by Stats. 2000, Ch. 135, Sec. 10. Effective January 1, 2001.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2 - Particular Offenses › Section 17537.15.

17537.15. (a) For purposes of this section, “floral or ornamental products or services” means floral arrangements, cut flowers, floral bouquets, potted plants, balloons, floral designs, and related products and services.
(b) For the purposes of this section, “local telephone number” means a specific telephone number (area code and prefix) assigned for the purpose of completing local calls between a calling party or station and any other party or station within a designated exchange or all of its designated local calling areas. The term “local telephone number” does not include long distance telephone numbers or any toll-free telephone numbers listed in a local telephone directory.
(c) (1) It is an infraction for a provider or vendor of floral or ornamental products or services to misrepresent the geographic location of its business by doing either of the following:
(A) Listing a local telephone number in any advertisement or listing, unless the advertisement or listing identifies the true physical address, including the city, of the provider’s or vendor’s business.
(B) Listing a fictitious business name or an assumed business name in any advertisement or listing if both of the following criteria are met:
(i) The name of the business misrepresents the provider’s or vendor’s geographic location.
(ii) The advertisement or listing does not identify the true physical address, including the city and state, of the provider’s or vendor’s business.
(2) Notwithstanding Sections 17534 and 17534.5, a violation of this section is punishable, exclusively, by a fine not to exceed two hundred fifty dollars ($250).
(d) This section does not create or impose any duty or obligation on a person other than a vendor or provider described in subdivision (a).
(e) This section does not apply to any of the following:
(1) A publisher of a telephone directory or other publication or a provider of a directory assistance service publishing or providing information about another business.
(2) An Internet Web site that aggregates and provides information about other businesses.
(3) An owner or publisher of a print advertising medium providing information about other businesses.
(4) An Internet service provider.
(5) An Internet service that displays or distributes advertisements for other businesses.
(Added by Stats. 2012, Ch. 633, Sec. 1. (AB 1581) Effective January 1, 2013.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2 - Particular Offenses › Section 17538.3.

17538.3. The provisions of Section 17538 do not apply to any of the following, except that subdivisions (d) and (e) of Section 17538 shall apply to subdivisions (a), (b), (c), and (d) of this section:
(a) To instances in which all advertising for goods or services contains a notice as to each item or service offered, which, in the case of printed advertising, shall be in a type size at least as large as that indicating the price, that a delay may be expected of a specified period. In those cases, one of the events described in Section 17538 must occur no later than the expiration of the period specified in the advertisement.
(b) To goods or services, such as quarterly magazines, which by their nature are not ready for use or consumption until a future date and for that reason cannot be stocked at the time of order.
(c) To installments other than the first of goods, such as magazine subscriptions, ordered for serial delivery.
(d) To any telecommunications goods and services sold by a telecommunications company, except those telecommunications goods and services purchased for use primarily for personal, family, or household purposes.
(e) To financial services offered in the ordinary course of business by a supervised bank, national banking association, bank holding company, a state or federal savings and loan association, a state or federal credit union, or a subsidiary or affiliate thereof, or an authorized industrial loan company, a licensed personal property broker, a licensed consumer finance lender, a licensed commercial finance lender, or a person licensed pursuant to Division 4 (commencing with Section 10000).
(f) To any delay in delivery of goods or services caused by the United States Postal Service, an act of God, or a labor strike by the vendor’s employees.
(Amended by Stats. 2002, Ch. 326, Sec. 2. Effective January 1, 2003.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2 - Particular Offenses › Section 17538.35.

17538.35. (a) Unless otherwise permitted by law or contract, any provider of electronic mail service shall provide each customer with notice at least 30 days before permanently terminating the customer’s electronic mail address.
(b) No contract for electronic mail service may permit termination of service without cause with less than a 30-day notice. For purposes of this subdivision, “termination of service without cause” means termination of service at the unfettered discretion of the service provider without regard to any conduct of the customer that violates the service provider’s terms of service or acceptable use policy.
(c) For purposes of this section, “provider” shall mean the entity that controls the customer’s electronic mail address, and not the entity making the underlying network or access available to the provider or the customer.
(d) No provider shall be liable under this section solely for a failure to comply with this section in the event a customer’s electronic mail address is permanently terminated due to the action or inaction of an entity making the underlying network or access available to the provider or the customer.
(e) This section supersedes and preempts all rules, regulations, codes, statutes, or ordinances of all cities, counties, cities and counties, municipalities, and other local agencies regarding notice of electronic mail termination by providers of electronic mail service.
(f) This section shall become inoperative on the date that a federal law or regulation is enacted that regulates notice requirements in the event of termination of electronic mail service.
(Added by Stats. 2002, Ch. 783, Sec. 1. Effective January 1, 2003. Conditionally inoperative as provided in subd. (f).)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2 - Particular Offenses › Section 17538.41.

17538.41. (a) (1) Except as provided in subdivision (b), (c), (d), or (e), no person, entity conducting business, candidate, or political committee in this state shall transmit, or cause to be transmitted, a text message advertisement to a mobile telephony services handset, pager, or two-way messaging device that is equipped with short message capability or any similar capability allowing the transmission of text messages. A text message advertisement is a message, the principal purpose of which is to promote the sale of goods or services, or to promote a political purpose or objective, to the recipient, and consisting of advertising material for the lease, sale, rental, gift offer, or other disposition of any realty, goods, services, or extension of credit, or advertising material for political purposes.
(2) This section shall apply when a text message advertisement is transmitted to a number assigned for mobile telephony service, pager service, or two-way messaging service to a California resident.
(b) This section shall not apply to text messages transmitted at the direction of a person or entity offering mobile telephony service, pager service, or two-way messaging service if the subscriber is offered an option to not receive those text messages.
(c) This section shall not apply to text messages transmitted by a business, candidate, or political committee that has an existing relationship with the subscriber if the subscriber is offered an option not to receive text messages from that business, candidate, or political committee.
(d) This section shall not apply to text messages transmitted by an affiliate of a business that has an existing relationship with the subscriber, but only if the subscriber has provided consent to the business with which he or she has that relationship to receive text messages from affiliates of that business. “Affiliate” means any company that controls, is controlled by, or is under common control with, another company.
(e) This section shall not apply to electronic mail messages that are forwarded, without the knowledge of the sender, to a mobile telephony services handset, pager, or two-way messaging device.
(f) Subdivision (a) shall not impose an obligation on a person or entity offering mobile telephony service, pager service, or two-way messaging service to control the transmission of a text message unless the message is transmitted at the direction of that person or entity.
(g) For purposes of this section, “mobile telephony service” means commercially available interconnected mobile phone services that provide access to the public switched telephone network (PSTN) via mobile communication devices employing radiowave technology to transmit calls, including cellular radiotelephone, broadband Personal Communications Services (PCS), and digital Specialized Mobile Radio (SMR).
(Amended by Stats. 2005, Ch. 711, Sec. 1. Effective January 1, 2006.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2 - Particular Offenses › Section 17538.6.

17538.6. (a) It is unlawful for any person conducting business in this state to require or request a consumer to issue a postdated check unless (1) the person accepting the check advises the consumer in writing that the check may be cashed immediately, notwithstanding the postdating, unless the consumer files a postdating order with the consumer’s bank pursuant to Section 4401 of the Commercial Code, and (2) either of the following occurs:
(A) Receipt of the advice is acknowledged by the consumer in writing.
(B) The advice is clearly printed on an invoice for goods or services that is provided to the consumer at the same time that the check is solicited.
(b) This section shall not apply to any person who requires or requests a consumer to issue a postdated check if the recipient of the check does not submit the check for collection or cause it to be submitted for collection until on or after its date.
(c) As used in this section:
(1) “Bank” means any person engaged in the business of banking and includes, in addition to a commercial bank, a savings and loan association, savings bank, or credit union.
(2) “Check” means a draft, other than a documentary draft, payable on demand drawn on a bank, even though it is described by another term, such as “share draft” or “negotiable order of withdrawal.”
(Added by Stats. 1992, Ch. 914, Sec. 1. Effective January 1, 1993.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2 - Particular Offenses › Section 17538.8.

17538.8. Any advertisement that offers free or discounted transportation or certificates to obtain transportation and that requires the consumer to purchase accommodations through or from a particular source, or any advertisement that offers free or discounted accommodations or certificates to obtain accommodations and that requires the consumer to purchase transportation through or from a particular source, shall set forth in close proximity to each reference to free or discounted transportation or accommodations, in a size and prominence no less than the largest print in the reference, the total price that shall be paid by the consumer for the combination of transportation and accommodations. If the advertisement is oral, the total price shall immediately precede or follow each description of the free or discounted transportation or accommodations.
(Added by Stats. 1994, Ch. 1123, Sec. 1.5. Effective January 1, 1995.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2 - Particular Offenses › Section 17539.

17539. The Legislature finds that there is a compelling need for more complete disclosure of rules and operation of contests in which money or other valuable consideration may be solicited; that current methods of disclosure are inadequate and create misunderstandings as to the true requirements for participation and winning of prizes offered; that certain problems which have arisen are peculiar to contests; that the provisions of Sections 17539.1 through 17539.3 are necessary to the public welfare and that the terms hereof shall be interpreted so as to provide maximum disclosure to and fair treatment of persons who may or do enter such contests.
(Added by Stats. 1974, Ch. 1152.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2 - Particular Offenses › Section 17539.2.

17539.2. Every person who conducts any contest shall:
(a) Clearly and conspicuously disclose on each entry blank the deadline for submission of that entry.
(b) Refund all money or other consideration to contestants requesting such refund in writing within one year of payment and who are unable to participate in any aspect of any contest through no fault of the contestant.
(c) At the conclusion of the contest send to all entrants upon their request the names of all winners, the prize or prizes won by each, the correct solution to each puzzle and the winning solutions to each puzzle (if different from the correct solution).
(d) Maintain for no less than two years after all prizes are awarded all the following:
(1) Copies of all contest solicitations and puzzles.
(2) All puzzles and correspondence sent by a contestant or copies or records disclosing details thereof and records of replies thereto.
(3) Adequate records which disclose the names and addresses of all contestants, the approximate date each contestant was sent each puzzle or game, the number of prizes awarded, the method of selecting winners, the names and addresses of the winners, and facts upon which all representations or disclosures made in connection with the contest are based and from which the validity of the representations or disclosures can be determined.
(Added by Stats. 1974, Ch. 1152.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2 - Particular Offenses › Section 17539.3.

17539.3. (a) Sections 17539.1 and 17539.2 do not apply to a game conducted to promote the sale of an employer’s product or service by his or her employees, when those employees are the sole eligible participants.
(b) As used in Sections 17539.1 and 17539.2, “person” includes a firm, corporation, or association, but does not include any charitable trust, corporation, or other organization exempted from taxation under Section 23701d of the Revenue and Taxation Code or Section 501(c) of the Internal Revenue Code.
(c) Nothing in Sections 17539 to 17539.2, inclusive, shall be construed to permit any contest or any series of contests or any act or omission in connection therewith that is prohibited by any other provision of law.
(d) Nothing in Section 17539.1 or 17539.2 shall be construed to hold any newspaper publisher or radio or television broadcaster liable for publishing or broadcasting any advertisement relating to a contest, unless that publisher or broadcaster is the person conducting or holding that contest.
(e) As used in Sections 17539 to 17539.2, inclusive, “contest” includes any game, contest, puzzle, scheme, or plan that holds out or offers to prospective participants the opportunity to receive or compete for gifts, prizes, or gratuities as determined by skill or any combination of chance and skill and that is, or in whole or in part may be, conditioned upon the payment of consideration.
(f) Sections 17539 to 17539.2, inclusive, do not apply to the mailing or otherwise sending of an application for admission, or a notification or token evidencing the right of admission, to a contest, performance, sporting event, or tournament of skill, speed, power, or endurance between, or the operation of the contest, performance, sporting event, or tournament by, participants physically present at that contest, performance, sporting event, or tournament.
(Amended by Stats. 2006, Ch. 538, Sec. 25. Effective January 1, 2007.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2 - Particular Offenses › Section 17539.35.

17539.35. No person shall advertise, offer, or operate any contest, as defined in subdivision (e) of Section 17539.3, in which any prize, including any money, property, service, or other matter of value, may be awarded or transferred if the opportunity to win that prize is conditioned on a minimum number of entries or contest participants.
(Added by Stats. 1994, Ch. 1074, Sec. 1. Effective January 1, 1995.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2 - Particular Offenses › Section 17539.4.

17539.4. No person shall place an advertisement disseminated primarily in this state for a loan which utilizes real property as collateral unless there is disclosed within the printed text of that advertisement, or the oral text in the case of a radio or television advertisement, the license under which the loan would be made or arranged, the state regulatory entity supervising that type of loan transaction or, in the case of unlicensed lending activity, a statement that the loan is being made or arranged by an unlicensed party who is not operating under the regulatory supervision of a state agency.
This section shall not apply to any bank or bank holding company, or to any savings association or federal association as defined by Section 5102 of the Financial Code, or to any industrial loan company or credit union, or to any subsidiary or affiliate of these entities if the subsidiary or affiliate is not separately licensed.
(Amended by Stats. 1992, Ch. 864, Sec. 2. Effective January 1, 1993.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2 - Particular Offenses › Section 17539.55.

17539.55. (a) It shall be unlawful to operate a sweepstakes in this state through the use of a 900 number, unless the information provider registers with the Department of Justice as provided in this section within 10 days after causing any advertisement for the sweepstakes to be directed to any person in this state.
(b) The registration shall include the following information:
(1) Each 900 number to be used in the sweepstakes.
(2) The name and address of the information provider including corporate identity, if any, and the name and address for the information provider’s agent for service of process within the state.
(3) A copy of the information provider’s audio text, prerecorded, or live operator scripts.
(4) A copy of the official rules for the sweepstakes.
(5) For television, video, or any on-screen advertisements, a copy of the storyboard and video recording.
(6) For radio advertisements, a copy of the script and audio recording.
(7) For print or electronic form transmitted over the Internet, a copy of all advertisements.
(8) For direct mail solicitations, a copy of all principal solicitations.
(9) For telephone solicitations, a copy of the script.
(10) The names of the carriers that the information provider plans to utilize to carry the 900 number calls.
(c) The information provider shall pay an annual registration fee of fifty dollars ($50) for each 900 number used for sweepstakes purposes.
(d) It shall be unlawful for any information provider that operates a sweepstakes to make reference, in any contact with the public, to the fact that the information provider is registered with the Department of Justice, as required by this section, or in any other manner imply that that registration represents approval of the sweepstakes by the Department of Justice.
(Amended by Stats. 2009, Ch. 88, Sec. 5. (AB 176) Effective January 1, 2010.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2 - Particular Offenses › Section 17539.6.

17539.6. Any broadcast or print advertisement or notice that contains a 900 number shall be written or spoken in the same language as the language used in a recorded message or by a live operator of the 900 number call.
(Added by Stats. 1992, Ch. 944, Sec. 3. Effective January 1, 1993.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2.6 - Sellers of Travel › Section 17550.

17550. (a) The Legislature finds and declares all of the following:
(1) Certain advertising, sales, and business practices of sellers of travel have worked financial hardship upon the people of this state.
(2) The travel business has a significant impact upon the economy and well-being of this state and its people.
(3) Problems have arisen that are peculiar to sellers of travel business.
(4) The public welfare requires regulation of sellers of travel in order to eliminate unfair advertising, sales, and business practices, to establish standards that will safeguard the people against financial hardship, to encourage competition, fair dealing, and prosperity in the travel business, and to provide certain and reliable funding for the seller of travel registration program and enforcement by the office of the Attorney General of this article.
(b) It is the intent of the Legislature in enacting this article that the Department of Justice, to the extent that resources are available, work together with representatives of the affected business community to develop sample forms that will, to the maximum extent possible, enable sellers of travel to comply with the requirement to provide to persons making payment the information required by paragraph (1) of subdivision (a) of Section 17550.13, in a manner that is simplified, efficient, and nonduplicative, and in a manner that recognizes the particular burdens and situations that may exist for small sellers of travel in their efforts to comply with the provisions of that section.
(Amended by Stats. 2016, Ch. 517, Sec. 1. (AB 2106) Effective January 1, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2.6 - Sellers of Travel › Section 17550.1.

17550.1. (a) “Seller of travel” means a person who sells, provides, furnishes, contracts for, arranges, or advertises that he or she can or may arrange, or has arranged, wholesale or retail , either of the following:
(1) Air or sea transportation either separately or in conjunction with other travel services.
(2) Land or water vessel transportation, other than sea carriage, either separately or in conjunction with other travel services if the total charge to the passenger exceeds three hundred dollars ($300).
(b) Seller of travel does not include any of the following:
(1) An air carrier.
(2) An ocean carrier.
(3) A hotel, motel, or similar lodging establishment where in the course of selling, providing, furnishing, contracting for, or arranging transient lodging accommodations and related services for its registered guests, it also arranges for transportation and does not directly or indirectly receive any money or other valuable consideration for arranging or providing that transportation.
(4) A person or organization certified under Part 5 (commencing with Section 12140) of Division 2 of the Insurance Code, except such a person or organization shall comply with the registration and fee provisions of Sections 17550.20 and 17550.21 for each location at which air or sea transportation is sold either separately or in conjunction with other travel services.
(5) A motor or rail carrier or water vessel operator holding the required permit, license, or other authority to operate from a state, federal, or other governmental entity.
(c) Notwithstanding any other provision of law, a reference in this article or Article 2.7 (commencing with Section 17550.35) to air or sea transportation or to an air or sea carrier, includes land or water vessel transportation, as described in subdivision (a), and a motor carrier or water vessel operator.
(Amended by Stats. 2006, Ch. 628, Sec. 1. Effective January 1, 2007.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2.6 - Sellers of Travel › Section 17550.2.

17550.2. “Advertise” means to make any representation in the solicitation of air or sea transportation, and includes communication with other members of the same partnership, corporation, joint venture, association, organization, group, or other entity.
(Added by Stats. 1994, Ch. 1123, Sec. 2. Effective January 1, 1995. Section operative January 1, 1995, pursuant to Section 17550.33 (later repealed).)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2.6 - Sellers of Travel › Section 17550.3.

17550.3. “Passenger” is a person on whose behalf money or other consideration has been given or is to be given to another, including another member of the same partnership, corporation, joint venture, association, organization, group, or other entity, for air or sea transportation, other travel services, or both, for that person.
(Amended by Stats. 1998, Ch. 924, Sec. 1. Effective January 1, 1999.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2.6 - Sellers of Travel › Section 17550.4.

17550.4. An air carrier is a transporter by air of persons that operates under a certificate of convenience and necessity issued by the United States Department of Transportation or under the certification of a foreign government that is recognized by the United States Department of Transportation.
(Amended by Stats. 2003, Ch. 196, Sec. 2. Effective January 1, 2004.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2.6 - Sellers of Travel › Section 17550.5.

17550.5. “Ticket or voucher” means a writing that is itself good and sufficient to obtain the entire air or ocean transportation, or travel services, which the passenger has purchased.
(Amended by Stats. 1998, Ch. 924, Sec. 2. Effective January 1, 1999.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2.6 - Sellers of Travel › Section 17550.6.

17550.6. “Officially appointed agent” means an agent expressly appointed as such, without reservation, for a specified time period, in a written instrument executed by the principal or an authorized representative of the principal. The written instrument shall identify the current name, address, and telephone numbers of the principal and agent.
(Added by Stats. 1994, Ch. 1123, Sec. 2. Effective January 1, 1995. Section operative January 1, 1995, pursuant to Section 17550.33 (later repealed).)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2.6 - Sellers of Travel › Section 17550.7.

17550.7. “Participant in the Travel Consumer Restitution Fund” is a registered seller of travel with its principal place of business in California, who does business with persons located in California, or is a registered seller of travel that does business in California, from one or more locations in California, and that meets the requirements of paragraph (16) of subdivision (e) of Section 17511.1.
(Added by Stats. 1994, Ch. 1123, Sec. 2. Effective January 1, 1995. Section operative January 1, 1995, pursuant to Section 17550.33 (later repealed).)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2.6 - Sellers of Travel › Section 17550.8.

17550.8. “Provider” means the person or entity who actually provides any transportation or travel services.
(Added by Stats. 1994, Ch. 1123, Sec. 2. Effective January 1, 1995. Section operative January 1, 1995, pursuant to Section 17550.33 (later repealed).)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2.6 - Sellers of Travel › Section 17550.9.

17550.9. “Travel services” includes, but is not limited to, lodging, surface transportation, transfers, tours, meals, guides, baggage transfer, sightseeing, recreational activities, vehicle rental, or other travel-related services, however denominated, including, but not limited to, travel certificates, registration fees, and processing fees. “Travel services” does not include travel services rendered by providers of lodging such as a hotel, motel, or similar lodging establishment where the provider of lodging supplies only that service.
(Amended by Stats. 1998, Ch. 924, 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 2.6 - Sellers of Travel › Section 17550.10.

17550.10. “Travel certificate” means a writing that represents the holder is entitled to air or sea transportation or travel services, to a discount or reduced price for that transportation or those travel services, or to purchase that transportation or those travel services from a specified source, whether or not the holder is required to pay additional money or fulfill any requirements in order to utilize the certificate.
(Amended by Stats. 1998, Ch. 924, Sec. 4. Effective January 1, 1999.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 3 - REPRESENTATIONS TO THE PUBLIC › CHAPTER 1 - Advertising › ARTICLE 2.6 - Sellers of Travel › Section 17550.11.

17550.11. (a) “Adequate bond” means a bond executed by an admitted surety insurer in an amount at all times no less than at least equal to the amount required to be held in a trust account pursuant to Section 17550.15 by any seller of travel in conjunction with such transportation, for the benefit of every passenger who sustains a monetary loss as a result of any violation of this article by a seller of travel or any failure by a seller of travel or by any official, agent, or employee of the seller of travel acting in the course or scope of his or her employment or agency. A seller of travel filing the bond shall maintain the bond in force in the proper amount as a condition of continuing to engage in business. The admitted surety insurer issuing the bond shall provide 30 days’ written notice prior to cancellation or termination of the bond to the seller of travel filing the bond and the office of the Attorney General, Consumer Law Section. Cancellation of the bond shall not limit or exonerate the surety insurer from claims against the bond arising during the period it was in force.
(b) No passenger may recover upon the bond a sum greater than that which the passenger paid to the seller of travel, provided that this limitation shall not restrict a passenger from recovering sums greater than those paid to the seller of travel from sources other than the bond.
(Added by Stats. 1994, Ch. 1123, Sec. 2. Effective January 1, 1995. Section operative January 1, 1996, pursuant to Section 17550.33 (later repealed).)