BUSINESS AND PROFESSIONS CODE
SECTION 17530-17539.6
17530. It is unlawful for any person, firm, corporation, or
association, or any employee or agent therefor, to make or
disseminate any statement or assertion of fact in a newspaper,
circular, circular or form letter, or other publication published or
circulated, including over the Internet, in any language in this
state, concerning the extent, location, ownership, title, or other
characteristic, quality, or attribute of any real estate located in
this state or elsewhere, which is known to be untrue and which is
made or disseminated with the intention of misleading.
Nothing in this section shall be construed to hold the publisher
of any newspaper, or any job printer, liable for any publication
herein referred to unless the publisher or printer has an interest,
either as owner or agent, in the real estate so advertised.
17530.1. (a) It shall be unlawful for a person to recommend to a
prospective trustor any person to serve as trustee with knowledge or
having reason to believe that the proposed trustee is insolvent or is
about to become insolvent.
For purposes of this section, "insolvent" means a person who has
ceased to pay that person's debts as they become due or whose
liabilities exceed that person's assets.
(b) The provisions of this section shall not apply to any trustee
named in any deed of trust or mortgage which secures a note or
evidence of indebtedness on real property when such trustee acts
solely in that capacity.
17530.5. (a) It is a misdemeanor for any person, including an
individual, firm, corporation, association, partnership, or joint
venture, or any employee or agent thereof, to disclose any
information obtained in the business of preparing federal or state
income tax returns or assisting taxpayers in preparing those returns,
including any instance in which this information is obtained through
an electronic medium, unless the disclosure is within any of the
following:
(1) Consented to in writing by the taxpayer in a separate document
that states to whom the disclosure will be made and how the
information will be used. If the taxpayer agrees, this separate
consent document may be in the form of an electronic record, executed
by an electronic signature as provided by Title 2.5 (commencing with
Section 1633.1) of Part 2 of Division 3 of the Civil Code.
(2) Expressly authorized by state or federal law.
(3) Necessary to the preparation of the return.
(4) Pursuant to court order.
(b) For the purposes of this section, a person is engaged in the
business of preparing federal or state income tax returns or
assisting taxpayers in preparing those returns if the person does any
of the following:
(1) Advertises, or gives publicity to the effect that the person
prepares or assists others in the preparation of state or federal
income tax returns.
(2) Prepares or assists others in the preparation of state or
federal income tax returns for compensation.
(3) Files a state or federal income tax return by electronic
transmittal of return data directly to the Franchise Tax Board or to
the Internal Revenue Service.
(c) A disclosure prohibited by this section includes a disclosure
made internally within the entity preparing or assisting in preparing
the return for any purpose other than tax preparation or made by
that entity to any of its subsidiaries or affiliates.
(d) For purposes of this section, "affiliate" means any entity
that, directly or indirectly, through one or more intermediaries,
controls, is controlled by, or is under common control with, another
entity.
(e) Contacting a taxpayer to obtain his or her written consent to
disclosure does not constitute a violation of this section.
17530.6. (a) Any person, including an individual, firm,
corporation, association, partnership, or joint venture, or any
employee or agent thereof, shall dispose of any of the information
described in Section 17530.5 in a manner including, but not limited
to, burning, shredding, electronic deleting, or other appropriate
means, so that the identity of the taxpayer may not be determined
from the disposed information alone or in combination with other
publicly available information. A violation of this section
constitutes a misdemeanor.
(b) This section shall not become operative if Assembly Bill 2246
of the 1999-2000 Regular Session is enacted and becomes effective on
or before January 1, 2001.
17530.7. It is unlawful for any person, other than a funeral
director as defined in Section 7615, to sell, or offer to sell, on a
retail basis, a casket, alternative container, or outer burial
container, unless that person does all of the following:
(a) Provides to any person, upon beginning any discussion of
prices, a written or printed list containing, but not necessarily
limited to, the price of all caskets and containers that are normally
offered for sale by that seller. The seller shall also provide a
written statement or list that, at a minimum, specifically identifies
particular caskets or containers by price and by thickness of metal,
type of wood, or other construction, and by interior and color, when
a request for specific information on caskets or containers is made
in person by any individual. This information shall also be provided
over the telephone, upon request.
(b) Places the price in a conspicuous manner on each casket.
Individual price tags on caskets shall include the thickness of metal
and type of wood or other construction, as applicable, in addition
to interior and color information.
(c) Places in a conspicuous manner on each casket represented as
having a sealing device of any kind, the following notices in at
least eight-point boldface type: "THERE IS NO SCIENTIFIC OR OTHER
EVIDENCE THAT ANY CASKET WITH A SEALING DEVICE WILL PRESERVE HUMAN
REMAINS."
(d) Furnishes to the buyer prior to the sale, a written or printed
itemized statement of all costs associated with the sale.
(e) Provides to the buyer a statement that includes a notice to
the buyer that he or she may contact the office of the district
attorney in that jurisdiction with any questions or complaints. At a
minimum, the information shall be in eight-point boldface type, and
state the following: "THE SELLER IS NOT A FUNERAL DIRECTOR AND IS NOT
LICENSED BY THE DEPARTMENT OF CONSUMER AFFAIRS, AND MAY NOT OFFER OR
PERFORM FUNERAL SERVICES. STATE AND FEDERAL LAWS PROHIBIT A FUNERAL
DIRECTOR FROM CHARGING HANDLING FEES FOR A CASKET SUPPLIED BY ANOTHER
PARTY. THE MONEYS RECEIVED BY THE SELLER FOR THE PURCHASE OF A
CASKET ARE NOT SUBJECT TO STATE LAW GOVERNING MONEY HELD IN TRUST.
THE SELLER IS NOT BOUND BY STATE LAWS OR REGULATIONS THAT GOVERN
FUNERAL HOMES AND CEMETERIES. THE PURCHASER ENTERS THIS AGREEMENT AT
HIS OR HER OWN RISK. FOR MORE INFORMATION, CONTACT THE OFFICE OF THE
DISTRICT ATTORNEY IN YOUR COUNTY."
17531. It is unlawful for any person, firm, or corporation, in any
newspaper, magazine, circular, form letter or any open publication,
published, distributed, or circulated in this state, including over
the Internet, or on any billboard, card, label, or other advertising
medium, or by means of any other advertising device, to advertise,
call attention to or give publicity to the sale of any merchandise,
which merchandise is secondhand or used merchandise, or which
merchandise is defective in any manner, or which merchandise consists
of articles or units or parts known as "seconds," or blemished
merchandise, or which merchandise has been rejected by the
manufacturer thereof as not first class, unless there is
conspicuously displayed directly in connection with the name and
description of that merchandise and each specified article, unit, or
part thereof, a direct and unequivocal statement, phrase, or word
which will clearly indicate that the merchandise or each article,
unit, or part thereof so advertised is secondhand, used, defective,
or consists of "seconds" or is blemished merchandise, or has been
rejected by the manufacturer thereof, as the case may be. Any
violation 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.
17531.1. Every manufacturer, wholesaler, jobber, distributor, or
other person, who packages children's toys for sale to any retailer,
shall clearly state on the outside of the package that the toy is
unassembled if such is the case. If children's toys are packaged
outside this State, the first wholesaler, jobber, distributor, or
other person who has possession or control of the toys in this State
in the course of distribution or marketing of such toys for sale to
any retailer shall not further distribute or market such toys if they
are unassembled unless and until the outside of each package which
contains any such toys clearly states that the toys are unassembled.
17531.5. It is unlawful for any person, firm, or corporation, in
any newspaper, magazine, circular, form letter, or any open
publication, published, distributed, or circulated in the State of
California, including over the Internet, or on any billboard, card,
label, or other advertising medium, or by means of any other
advertising device, to advertise, call attention to, or give
publicity to the sale of any merchandise, which merchandise is
surplus materials as defined in the federal Surplus Property Act of
1944 (50 U.S.C. App. Sec. 1622 et seq.), unless there is
conspicuously displayed directly in connection with the name and
description of that merchandise and each specified article, unit, or
part thereof, a direct and unequivocal statement, phrase, or word
which will clearly indicate that the merchandise or each article,
unit, or part thereof so advertised is or consists of surplus
materials as defined in the federal Surplus Property Act of 1944.
17531.6. As used in Sections 17531.7 and 17531.8, the term:
(a) "Picture tube" means cathode ray tube, otherwise known as
kinescope or CRT.
(b) "Rejuvenate," or words of like import such as "reactivate" or
"restore," means the repair of any internal malfunction of a picture
tube by burning out shorts in the electron gun assembly, or flaking
the cathode by heating and vibrating the cathode, or activities of a
similar nature.
(c) "Seconds," or terms of like import such as "rejects," mean
that the picture tube, though giving satisfactory performance, does
not meet the quality and workmanship maintained by the manufacturer
with respect to the general run of tubes of the same type.
(d) "Person" includes individual, partnership, firm, association,
or corporation.
17531.7. (a) No manufacturer, processor, or distributor of
television picture tubes shall sell, offer for sale, or expose for
sale any such tube unless the television picture tube and its
container, if any, are correctly labeled to indicate the new and used
materials of such tube according to the schedule and manner as
hereinafter provided.
Description of the picture tube by new and used components and
materials shall be indicated by setting forth on the label the
particular grade and verbatim description as selcted from the
following which applies to such tube.
SCHEDULE
Black and White Picture Tubes
Grade AA--Description--All new components and materials including
new glass envelope.
Grade A--Description--Used glass envelope, all other components
and materials are new.
Grade B--Description--Used glass envelope, used phosphorescent
viewing screen, used aluminization, used internal conductive coating,
all other components and materials are new.
Grade C--Description--Used picture tube for resale, all
significant components and materials are used.
Color Picture Tubes
Grade AA--Description--All new components and materials, including
new glass envelope.
Grade A--Description--Used glass envelope, new or used shadow
mask, all other components and materials are new.
Grade B--Description--New electron gun, all other components and
materials are used.
Grade C--Description--Used picture tube for resale, all
significant components and materials are used.
(b) The fact that a used picture tube has been rejuvenated, or has
a new or used brightener attached to it, or has fresh paint or
coating on the outside, or any combination of the above, shall not
change its status or description as a Grade C picture tube, and the
terms "rebuilt" or "reconditioned" or words of like import shall not
be used to describe such tube.
(c) Where a picture tube is a "second" such tube shall be
designated by label as a "second" to the exclusion of any other grade
designation or component description and the following additional
notation shall appear verbatim on the label:
--This picture tube is a manufacturer's reject or
second line quality tube but it is capable of
giving satisfactory performance--
17531.8. No person other than a purchaser at retail for his own use
and consumption shall remove, deface, cover, obliterate, mutilate,
alter, or cause to be removed, defaced, covered, obliterated,
mutilated, or altered any label required to be placed on a picture
tube by this code.
17531.9. Any person violating any of the provisions of Section
17531.7 or 17531.8 may be enjoined by any superior court of competent
jurisdiction upon action for injunction, brought by the Attorney
General or any district attorney in this state, and the superior
court shall, after proof of violation, issue an injunction or other
appropriate order restraining such conduct. This injunctive remedy
shall not be construed to limit the district attorney of the county
wherein the violation occurred from prosecuting criminal action for
any violations of Section 17531.7 or 17531.8.
17532. It is unlawful wilfully or knowingly, with intent to
defraud, to sell or exchange, or offer or expose for sale or
exchange, coal of a specific name or kind under any other name or
description, or as the output of any mine other than the mine of
which it is the product.
17533. It is unlawful for any proprietor or publisher of any
newspaper or periodical, including any newspaper or periodical
published over the Internet, willfully and knowingly to misrepresent
the circulation of the newspaper or periodical, for the purpose of
securing advertising or other patronage.
17533.5. It shall be unlawful for any person, firm, corporation or
association to sell or offer for sale any surplus materials as
defined in the Federal Surplus Property Act of 1944, being Chapter
479, Public Laws United States 457, approved October 3, 1944, if such
person, firm, corporation or association does business, carries on
or trades under or in any way uses in dealing with the public,
directly or indirectly, any name which by reason of the inclusion of
a word or words such as "Army," "Navy," "United States," "Federal,"
"treasury," "procurement," "G.I.," or any others which connote the
United States Government or its armed forces or any of its
departments or agencies, has a tendency to lead the purchasing public
to believe, contrary to fact, that the establishment at which such
materials are offered for sale has some official relationship to the
United States Government or that all of the articles sold or offered
for sale are such surplus materials or that the articles there sold
are of higher quality and lower prices than those elsewhere
obtainable; provided, however, that this section shall not prohibit
the continued use of a trade name by an establishment which for three
years prior to the effective date of this section has continually
used such word or words as its trade name or as a portion thereof.
17533.6. (a) It is unlawful for any person, firm, corporation, or
association that is a nongovernmental entity to solicit information,
or to solicit the purchase of or payment for a product or service, or
to solicit the contribution of funds or membership fees, by means of
a mailing, electronic message, or Internet Web site that contains a
seal, insignia, trade or brand name, or any other term or symbol that
reasonably could be interpreted or construed as implying any state
or local government connection, approval, or endorsement, unless the
requirements of paragraph (1) or (2) have been met, as follows:
(1) The nongovernmental entity has an expressed connection with,
or the approval or endorsement of, a state or local government
entity, if permitted by other provisions of law.
(2) The solicitation meets both of the following requirements:
(A) The solicitation bears on its face, in conspicuous and legible
type in contrast by typography, layout, or color with other type on
its face, the following notice:
"THIS PRODUCT OR SERVICE HAS NOT BEEN APPROVED OR ENDORSED BY ANY
GOVERNMENTAL AGENCY, AND THIS OFFER IS NOT BEING MADE BY AN AGENCY OF
THE GOVERNMENT."
(B) In the case of a mailed solicitation, the envelope or outside
cover or wrapper in which the matter is mailed bears on its face in
capital letters and in conspicuous and legible type, the following
notice:
"THIS IS NOT A GOVERNMENT DOCUMENT."
(b) Except as provided in subdivision (c), any business that
solicits the purchase of, or payment for, a service by means of an
unsolicited mailing that offers to assist the recipient in dealing
with a state or local governmental agency shall do both of the
following:
(1) State on the envelope and in the mailing that the business is
not a governmental agency and is not associated with the governmental
agency referenced.
(2) Include in the mailing the contact information for the
governmental agency referenced.
(c) Subdivision (b) shall not apply if either of the following
requirements has been met:
(1) The business has an expressed connection with, or the approval
or endorsement of, a state or local governmental entity, if
permitted by other provisions of law.
(2) The business has an "established business relationship," as
defined in Section 1798.83 of the Civil Code, with the recipient.
17533.7. It is unlawful for any person, firm, corporation or
association to sell or offer for sale in this State any merchandise
on which merchandise or on its container there appears the words
"Made in U.S.A." "Made in America," "U. S.A.," or similar words when
the merchandise or any article, unit, or part thereof, has been
entirely or substantially made, manufactured, or produced outside of
the United States.
17533.8. (a) It is unlawful for any person to offer, by mail, by
telephone, in person, or by any other means or in any other form,
including over the Internet, a prize or gift, with the intent to
offer a sales presentation, without disclosing at the time of the
offer of the prize or gift, in a clear and unequivocal manner, the
intent to offer that sales presentation.
(b) This section shall not apply to the publisher of any
newspaper, periodical, or other publication, or any radio or
television broadcaster, or the owner or operator of any cable,
satellite, or other medium of communications who broadcasts or
publishes, including over the Internet, an advertisement or offer in
good faith, without knowledge of its violation of subdivision (a).
17533.9. It shall be unlawful for any person, firm, corporation, or
association, in any newspaper, magazine, circular, form letter, or
open publication, published, distributed, or circulated in this
state, including over the Internet, or on any billboard, card, label,
or other advertising medium, or by means of any other advertising
device, to advertise the sale of tear gas, tear gas devices, and tear
gas weapons, as defined in Sections 12401 and 12402 of the Penal
Code, unless there is conspicuously displayed or stated in connection
with the name and description of that tear gas, or those tear gas
weapons or devices, a direct and unequivocal statement that will
clearly indicate that possession or transportation of tear gas and
tear gas weapons or devices is prohibited by law unless specifically
exempted or permitted pursuant to the authority contained in Chapter
4 (commencing with Section 12401) of Title 2 of Part 4 of the Penal
Code.
17533.9. It shall be unlawful for any person, firm, corporation, or
association, in any newspaper, magazine, circular, form letter, or
open publication, published, distributed, or circulated in this
state, including over the Internet, or on any billboard, card, label,
or other advertising medium, or by means of any other advertising
device, to advertise the sale of tear gas, tear gas devices, and tear
gas weapons, as defined in Sections 17240 and 17250 of the Penal
Code, unless there is conspicuously displayed or stated in connection
with the name and description of that tear gas, or those tear gas
weapons or devices, a direct and unequivocal statement that will
clearly indicate that possession or transportation of tear gas and
tear gas weapons or devices is prohibited by law unless specifically
exempted or permitted pursuant to the authority contained in Division
11 (commencing with Section 22810) of Title 3 of Part 6 of the Penal
Code.
17533.10. It shall be unlawful for any person, firm, corporation,
or association, in any newspaper, magazine, circular, form letter, or
open publication, published, distributed, or circulated in this
state, including over the Internet, or on any billboard, card, label,
or other advertising medium, or by means of any other advertising
device, to advertise the sale of anabolic steroids, as defined in
subdivision (f) of Section 11056 of the Health and Safety Code,
unless there is conspicuously displayed or stated in connection with
the name and description of any of those anabolic steroids, a direct
and unequivocal statement that will clearly indicate that the
possession by, or sale to, an ultimate consumer of anabolic steroids
is a crime punishable by a substantial fine and imprisonment, unless
upon the prescription of a physician, dentist, podiatrist, or
veterinarian, licensed to practice in this state, pursuant to
Sections 11377, 11378, and 11379 of the Health and Safety Code.
17534. Any person, firm, corporation, partnership or association or
any employee or agent thereof who violates this chapter is guilty of
a misdemeanor.
17534.5. Unless otherwise expressly provided, the remedies or
penalties provided by this chapter are cumulative to each other and
to the remedies or penalties available under all other laws of this
state.
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.
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.
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.
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.
17537. (a) It is unlawful for any person to use the term "prize" or
"gift" or other similar term in any manner that would be untrue or
misleading, including, but not limited to, the manner made unlawful
in subdivision (b) or (c).
(b) It is unlawful to notify any person by any means, as a part of
an advertising plan or program, that he or she has won a prize and
that as a condition of receiving such prize he or she must pay any
money or purchase or rent any goods or services.
(c) It is unlawful to notify any person by any means that he or
she will receive a gift and that as a condition of receiving the gift
he or she must pay any money, or purchase or lease (including rent)
any goods or services, if any one or more of the following conditions
exist:
(1) The shipping charge, depending on the method of shipping used,
exceeds (A) the average cost of postage or the average charge of a
delivery service in the business of delivering goods of like size,
weight, and kind for shippers other than the offeror of the gift for
the geographic area in which the gift is being distributed, or (B)
the exact amount for shipping paid to an independent fulfillment
house or an independent supplier, either of which is in the business
of shipping goods for shippers other than the offeror of the gift.
(2) The handling charge (A) is not reasonable, or (B) exceeds the
actual cost of handling, or (C) exceeds the greater of three dollars
($3) in any transaction or 80 percent of the actual cost of the gift
item to the offeror or its agent, or (D) in the case of a general
merchandise retailer, exceeds the actual amount for handling paid to
an independent fulfillment house or supplier, either of which is in
the business of handling goods for businesses other than the offeror
of the gift.
(3) Any goods or services which must be purchased or leased by the
offeree of the gift in order to obtain the gift could have been
purchased through the same marketing channel in which the gift was
offered for a lower price without the gift items at or proximate to
the time the gift was offered.
(4) The majority of the gift offeror's sales or leases within the
preceding year, through the marketing channel in which the gift is
offered or through in-person sales at retail outlets, of the type of
goods or services which must be purchased or leased in order to
obtain the gift item was made in conjunction with the offer of a
gift.
This paragraph does not apply to a gift offer made by a general
merchandise retailer in conjunction with the sale or lease through
mail order of goods or services (excluding catalog sales) if (A) the
goods or services are of a type unlike any other type of goods or
services sold or leased by the general merchandise retailer at any
time during the period beginning six months before and continuing
until six months after the gift offer, (B) the gift offer does not
extend for a period of more than two months, and (C) the gift offer
is not untrue or misleading in any manner.
(5) The gift offeror represents that the offeree has been
specially selected in any manner unless (A) the representation is
true and (B) the offeree made a purchase from the gift offeror within
the six-month period before the gift offer was made or has a credit
card issued by, or a retail installment account with, the gift
offeror.
(d) The following definitions apply to this section:
(1) "Marketing channel" means a method of retail distribution,
including, but not limited to, catalog sales, mail order, telephone
sales, and in-person sales at retail outlets.
(2) "General merchandise retailer" means any person or entity
regardless of the form of organization that has continuously offered
for sale or lease more than 100 different types of goods or services
to the public in California throughout a period exceeding five years.
(e) Each 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.
17537.1. (a) It is unlawful for any person, or an employee, agent
or independent contractor employed or authorized by that person, by
any means, as part of an advertising plan or program, to offer any
incentive as an inducement to the recipient to visit a location,
attend a sales presentation, or contact a sales agent in person, by
telephone or by mail, unless the offer clearly and conspicuously
discloses in writing, in readily understandable language, all of the
information required in paragraphs (1) and (2). If the offer is not
initially made in writing, the required disclosures shall be received
by the recipient in writing prior to any scheduled visit to a
location, sales presentation, or contact with a sales agent. For
purposes of this section, the term "incentive" means any item or
service of value, including, but not limited to, any prize, gift,
money, or other tangible property.
(1) The following disclosures shall appear on the front (or first)
page of the offer:
(A) The name and street address of the owner of the real or
personal property or the provider of the services which are the
subject of the visit, sales presentation, or contact with a sales
agent. If the offer is made by an agent or independent contractor
employed or authorized by the owner or provider, or is made under a
name other than the true name of the owner or provider, the name of
the owner or provider shall be more prominently and conspicuously
displayed than the name of the agent, independent contractor, or
other name.
(B) A general description of the business of the owner or provider
identified pursuant to subparagraph (A), and the purpose of any
requested visit, sales presentation, or contact with a sales agent,
which shall include a general description of the real or personal
property or services which are the subject of the sales presentation
and a clear statement, if applicable, that there will be a sales
presentation and the approximate duration of the visit and sales
presentation.
(C) If the recipient is not assured of receiving any particular
incentive, a statement of the odds of receiving each incentive
offered or, in the alternative, a clear statement describing the
location in the offer where the odds can be found. The odds shall be
stated in whole Arabic numbers in a format such as: "1 chance in
100,000" or "1:100,000." The odds and, where applicable, the
alternative statement describing their location, shall be printed in
a type size that is at least equal to that used for the standard text
on the front (or first) page of the offer.
(D) A clear statement, if applicable, that the offer is subject to
specific restrictions, qualifications, and conditions and a
statement describing the location in the offer where the
restrictions, qualifications, and conditions may be found. Both
statements shall be printed in a type size that is at least equal to
that used for the standard text on the front (or first) page of the
offer.
(2) The following disclosures shall appear in the offer, but need
not appear on the front (or first) page of the offer:
(A) Unless the odds are disclosed on the front (or first) page of
the offer, a statement of the odds of receiving each incentive
offered, printed in the size and format set forth in subparagraph (C)
of paragraph (1).
(B) All restrictions, qualifications, and other conditions which
must be satisfied before the recipient is entitled to receive the
incentive, including but not limited to:
(i) Any deadline by which the recipient must visit the location,
attend the sales presentation, or contact the sales agent in order to
receive an incentive.
(ii) Any other conditions, such as a minimum age qualification, a
financial qualification, or a requirement that if the recipient is
married both husband and wife must be present in order to receive the
incentive. Any financial qualifications shall be stated with a
specificity sufficient to enable the recipient to reasonably
determine his or her eligibility.
(C) A statement that the owner or provider identified pursuant to
subparagraph (A) of paragraph (1) reserves the right to provide a
raincheck, or a substitute or like incentive, if those rights are
reserved.
(D) A statement that a recipient who receives an offered incentive
may request and will receive evidence showing that the incentive
provided matches the incentive randomly or otherwise selected for
distribution to that recipient.
(E) All other rules, terms, and conditions of the offer, plan, or
program.
(b) It is unlawful for any person making an offer subject to
subdivision (a), or any employee, agent, or independent contractor
employed or authorized by that person, to offer any incentive when
the person knows or has reason to know that the offered item will not
be available in a sufficient quantity based upon the reasonably
anticipated response to the offer.
(c) It is unlawful for any person making an offer subject to
subdivision (a), or any employee, agent, or independent contractor
employed or authorized by that person, to fail to provide any offered
incentive which any recipient who has responded to the offer in the
manner specified therein, who has performed the requirements
disclosed therein, and who has met the qualifications described
therein, is entitled to receive, unless the offered incentive is not
reasonably available and the offer discloses the reservation of a
right to provide a raincheck, or a like or substitute incentive, if
the offered incentive is unavailable.
(d) If the person making an offer subject to subdivision (a) is
unable to provide an offered incentive because of limitations of
supply, quantity, or quality that were not reasonably foreseeable or
controllable by the person making the offer, the person making the
offer shall inform the recipient of the recipient's right to receive
a raincheck for the incentive offered, unless the person making the
offer knows or has reasonable basis for knowing that the incentive
will not be reasonably available and shall inform the recipient of
the recipient's right to at least one of the following additional
options:
(1) The person making the offer will provide a like incentive of
equivalent or greater retail value or a raincheck therefor.
(2) The person making the offer will provide a substitute
incentive of equivalent or greater retail value.
(3) The person making the offer will provide a raincheck for the
like or substitute incentive.
(e) If a raincheck is provided, the person making an offer subject
to subdivision (a) shall, within a reasonable time, and in no event
later than 80 days, deliver the agreed incentive to the recipient's
address without additional cost or obligation to the recipient,
unless the incentive for which the raincheck is provided remains
unavailable because of limitations of supply, quantity, or quality
not reasonably foreseeable or controllable by the person making the
offer. In that case, the person making the offer shall, not later
than 30 days after the expiration of the 80 days, deliver a like
incentive of equal or greater retail value or, if an incentive is not
reasonably available to the person making the offer, a substitute
incentive of equal or greater retail value.
(f) Upon the request of a recipient who has received or claims a
right to receive any offered incentive, the person making an offer
subject to subdivision (a) shall furnish to the person sufficient
evidence showing that the incentive provided matches the incentive
randomly or otherwise selected for distribution to that recipient.
(g) It is unlawful for any person making an offer subject to
subdivision (a), or any employee, agent, or independent contractor
employed or authorized by that person, to:
(1) Use any printing styles, graphics, layouts, text, colors, or
formats on envelopes or on the offer which, implies, creates an
appearance, or would lead a reasonable person to believe, that the
offer originates from or is issued by or on behalf of a government or
public agency, public utility, public organization, insurance
company, credit reporting agency, bill collecting company or law
firm, unless the same is true.
(2) Misrepresent the size, quantity, identity, value, or qualities
of any incentive.
(3) Misrepresent in any manner the odds of receiving any
particular incentive.
(4) Represent directly or by implication that the number of
participants has been significantly limited or that any person has
been selected to receive a particular incentive unless that is the
fact.
(5) Label any offer a notice of termination or notice of
cancellation.
(6) Misrepresent, in any manner, the offer, plan, program or the
affiliation, connection, association, or contractual relationship
between the person making the offer and the owner or provider, if
they are not the same.
(h) If the major incentives are awarded or given at random, by the
assignment of a number to the incentives, that number shall be
actually assigned by the party contractually responsible for doing
so. The person making an offer subject to subdivision (a) hereof, or
the agent, employee, or independent contractor employed or authorized
by that person, if any, shall maintain, for a period of one year
after the date the offer is made, the records that show that the
winning numbers or opportunity to receive the major incentives have
been deposited in the mail or otherwise made available to recipients
in accordance with the odds statement provided pursuant to
subparagraph (C) of paragraph (1) of subdivision (a) hereof. The
records shall be made available to the Attorney General within 30
days after written request therefor. Postal receipt records,
affidavits of mailing, or a list of winners or recipients of the
major incentives shall be deemed to satisfy the requirements of this
section.
17537.10. (a) It is unlawful for any person, firm, corporation,
association, or any other business entity to make any untrue or
misleading statements in any manner in connection with the offering
or performance of a grant deed copy service. For the purpose of this
section, an "untrue or misleading statement" includes, but is not
limited to, any representation, with regard to property identified by
its address or assessor's parcel number, that any of the following
is true:
(1) That due to property foreclosures and loan modifications in
the county where the property is located, the property owner should
obtain a copy of his or her grant deed or other record of title.
(2) That a governmental entity, or any other entity that includes
in its name words that could lead a person to reasonably believe that
the entity is affiliated with government, has recommended that a
property owner should have a copy of his or her grant deed or other
record of title.
(3) That the offeror of the grant deed copy service is, or is
affiliated with, any governmental entity. A violation of this
paragraph includes, but is not limited to, the following:
(A) The misleading use of any governmental seal, emblem, or other
similar symbol.
(B) The use of a business name including the words "title" or
"grant deed" or "public record" and the word "agency," "bureau,"
"department," "division," "federal," "state," "county," "city," or
"municipal," or the name of any city, county, city and county, or any
governmental entity.
(C) The use of an envelope that simulates an envelope containing a
government check, tax bill, or government notice or an envelope that
otherwise has the capacity to be confused with, or mistaken for, an
envelope sent by a governmental entity.
(D) The use of an envelope or outside cover or wrapper in which a
solicitation is mailed that does not bear on its face in capital
letters and in conspicuous and legible type the following notice:
"THIS IS NOT A GOVERNMENT APPROVED OR AUTHORIZED DOCUMENT."
(4) That there is a fee payment deadline to obtain a copy of a
property owner's grant deed or other record of title.
(b) (1) It is unlawful to offer to perform a grant deed copy
service without making the following disclosure:
"THIS SERVICE TO OBTAIN A COPY OF YOUR GRANT DEED OR OTHER RECORD
OF TITLE IS NOT ASSOCIATED WITH ANY GOVERNMENTAL AGENCY. YOU CAN
OBTAIN A COPY OF YOUR GRANT DEED OR OTHER RECORD OF TITLE FROM THE
COUNTY RECORDER IN THE COUNTY WHERE YOUR PROPERTY IS LOCATED FOR
BUSINESS AND PROFESSIONS CODE
SECTION 17530-17539.6
17530. It is unlawful for any person, firm, corporation, or
association, or any employee or agent therefor, to make or
disseminate any statement or assertion of fact in a newspaper,
circular, circular or form letter, or other publication published or
circulated, including over the Internet, in any language in this
state, concerning the extent, location, ownership, title, or other
characteristic, quality, or attribute of any real estate located in
this state or elsewhere, which is known to be untrue and which is
made or disseminated with the intention of misleading.
Nothing in this section shall be construed to hold the publisher
of any newspaper, or any job printer, liable for any publication
herein referred to unless the publisher or printer has an interest,
either as owner or agent, in the real estate so advertised.
17530.1. (a) It shall be unlawful for a person to recommend to a
prospective trustor any person to serve as trustee with knowledge or
having reason to believe that the proposed trustee is insolvent or is
about to become insolvent.
For purposes of this section, "insolvent" means a person who has
ceased to pay that person's debts as they become due or whose
liabilities exceed that person's assets.
(b) The provisions of this section shall not apply to any trustee
named in any deed of trust or mortgage which secures a note or
evidence of indebtedness on real property when such trustee acts
solely in that capacity.
17530.5. (a) It is a misdemeanor for any person, including an
individual, firm, corporation, association, partnership, or joint
venture, or any employee or agent thereof, to disclose any
information obtained in the business of preparing federal or state
income tax returns or assisting taxpayers in preparing those returns,
including any instance in which this information is obtained through
an electronic medium, unless the disclosure is within any of the
following:
(1) Consented to in writing by the taxpayer in a separate document
that states to whom the disclosure will be made and how the
information will be used. If the taxpayer agrees, this separate
consent document may be in the form of an electronic record, executed
by an electronic signature as provided by Title 2.5 (commencing with
Section 1633.1) of Part 2 of Division 3 of the Civil Code.
(2) Expressly authorized by state or federal law.
(3) Necessary to the preparation of the return.
(4) Pursuant to court order.
(b) For the purposes of this section, a person is engaged in the
business of preparing federal or state income tax returns or
assisting taxpayers in preparing those returns if the person does any
of the following:
(1) Advertises, or gives publicity to the effect that the person
prepares or assists others in the preparation of state or federal
income tax returns.
(2) Prepares or assists others in the preparation of state or
federal income tax returns for compensation.
(3) Files a state or federal income tax return by electronic
transmittal of return data directly to the Franchise Tax Board or to
the Internal Revenue Service.
(c) A disclosure prohibited by this section includes a disclosure
made internally within the entity preparing or assisting in preparing
the return for any purpose other than tax preparation or made by
that entity to any of its subsidiaries or affiliates.
(d) For purposes of this section, "affiliate" means any entity
that, directly or indirectly, through one or more intermediaries,
controls, is controlled by, or is under common control with, another
entity.
(e) Contacting a taxpayer to obtain his or her written consent to
disclosure does not constitute a violation of this section.
17530.6. (a) Any person, including an individual, firm,
corporation, association, partnership, or joint venture, or any
employee or agent thereof, shall dispose of any of the information
described in Section 17530.5 in a manner including, but not limited
to, burning, shredding, electronic deleting, or other appropriate
means, so that the identity of the taxpayer may not be determined
from the disposed information alone or in combination with other
publicly available information. A violation of this section
constitutes a misdemeanor.
(b) This section shall not become operative if Assembly Bill 2246
of the 1999-2000 Regular Session is enacted and becomes effective on
or before January 1, 2001.
17530.7. It is unlawful for any person, other than a funeral
director as defined in Section 7615, to sell, or offer to sell, on a
retail basis, a casket, alternative container, or outer burial
container, unless that person does all of the following:
(a) Provides to any person, upon beginning any discussion of
prices, a written or printed list containing, but not necessarily
limited to, the price of all caskets and containers that are normally
offered for sale by that seller. The seller shall also provide a
written statement or list that, at a minimum, specifically identifies
particular caskets or containers by price and by thickness of metal,
type of wood, or other construction, and by interior and color, when
a request for specific information on caskets or containers is made
in person by any individual. This information shall also be provided
over the telephone, upon request.
(b) Places the price in a conspicuous manner on each casket.
Individual price tags on caskets shall include the thickness of metal
and type of wood or other construction, as applicable, in addition
to interior and color information.
(c) Places in a conspicuous manner on each casket represented as
having a sealing device of any kind, the following notices in at
least eight-point boldface type: "THERE IS NO SCIENTIFIC OR OTHER
EVIDENCE THAT ANY CASKET WITH A SEALING DEVICE WILL PRESERVE HUMAN
REMAINS."
(d) Furnishes to the buyer prior to the sale, a written or printed
itemized statement of all costs associated with the sale.
(e) Provides to the buyer a statement that includes a notice to
the buyer that he or she may contact the office of the district
attorney in that jurisdiction with any questions or complaints. At a
minimum, the information shall be in eight-point boldface type, and
state the following: "THE SELLER IS NOT A FUNERAL DIRECTOR AND IS NOT
LICENSED BY THE DEPARTMENT OF CONSUMER AFFAIRS, AND MAY NOT OFFER OR
PERFORM FUNERAL SERVICES. STATE AND FEDERAL LAWS PROHIBIT A FUNERAL
DIRECTOR FROM CHARGING HANDLING FEES FOR A CASKET SUPPLIED BY ANOTHER
PARTY. THE MONEYS RECEIVED BY THE SELLER FOR THE PURCHASE OF A
CASKET ARE NOT SUBJECT TO STATE LAW GOVERNING MONEY HELD IN TRUST.
THE SELLER IS NOT BOUND BY STATE LAWS OR REGULATIONS THAT GOVERN
FUNERAL HOMES AND CEMETERIES. THE PURCHASER ENTERS THIS AGREEMENT AT
HIS OR HER OWN RISK. FOR MORE INFORMATION, CONTACT THE OFFICE OF THE
DISTRICT ATTORNEY IN YOUR COUNTY."
17531. It is unlawful for any person, firm, or corporation, in any
newspaper, magazine, circular, form letter or any open publication,
published, distributed, or circulated in this state, including over
the Internet, or on any billboard, card, label, or other advertising
medium, or by means of any other advertising device, to advertise,
call attention to or give publicity to the sale of any merchandise,
which merchandise is secondhand or used merchandise, or which
merchandise is defective in any manner, or which merchandise consists
of articles or units or parts known as "seconds," or blemished
merchandise, or which merchandise has been rejected by the
manufacturer thereof as not first class, unless there is
conspicuously displayed directly in connection with the name and
description of that merchandise and each specified article, unit, or
part thereof, a direct and unequivocal statement, phrase, or word
which will clearly indicate that the merchandise or each article,
unit, or part thereof so advertised is secondhand, used, defective,
or consists of "seconds" or is blemished merchandise, or has been
rejected by the manufacturer thereof, as the case may be. Any
violation 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.
17531.1. Every manufacturer, wholesaler, jobber, distributor, or
other person, who packages children's toys for sale to any retailer,
shall clearly state on the outside of the package that the toy is
unassembled if such is the case. If children's toys are packaged
outside this State, the first wholesaler, jobber, distributor, or
other person who has possession or control of the toys in this State
in the course of distribution or marketing of such toys for sale to
any retailer shall not further distribute or market such toys if they
are unassembled unless and until the outside of each package which
contains any such toys clearly states that the toys are unassembled.
17531.5. It is unlawful for any person, firm, or corporation, in
any newspaper, magazine, circular, form letter, or any open
publication, published, distributed, or circulated in the State of
California, including over the Internet, or on any billboard, card,
label, or other advertising medium, or by means of any other
advertising device, to advertise, call attention to, or give
publicity to the sale of any merchandise, which merchandise is
surplus materials as defined in the federal Surplus Property Act of
1944 (50 U.S.C. App. Sec. 1622 et seq.), unless there is
conspicuously displayed directly in connection with the name and
description of that merchandise and each specified article, unit, or
part thereof, a direct and unequivocal statement, phrase, or word
which will clearly indicate that the merchandise or each article,
unit, or part thereof so advertised is or consists of surplus
materials as defined in the federal Surplus Property Act of 1944.
17531.6. As used in Sections 17531.7 and 17531.8, the term:
(a) "Picture tube" means cathode ray tube, otherwise known as
kinescope or CRT.
(b) "Rejuvenate," or words of like import such as "reactivate" or
"restore," means the repair of any internal malfunction of a picture
tube by burning out shorts in the electron gun assembly, or flaking
the cathode by heating and vibrating the cathode, or activities of a
similar nature.
(c) "Seconds," or terms of like import such as "rejects," mean
that the picture tube, though giving satisfactory performance, does
not meet the quality and workmanship maintained by the manufacturer
with respect to the general run of tubes of the same type.
(d) "Person" includes individual, partnership, firm, association,
or corporation.
17531.7. (a) No manufacturer, processor, or distributor of
television picture tubes shall sell, offer for sale, or expose for
sale any such tube unless the television picture tube and its
container, if any, are correctly labeled to indicate the new and used
materials of such tube according to the schedule and manner as
hereinafter provided.
Description of the picture tube by new and used components and
materials shall be indicated by setting forth on the label the
particular grade and verbatim description as selcted from the
following which applies to such tube.
SCHEDULE
Black and White Picture Tubes
Grade AA--Description--All new components and materials including
new glass envelope.
Grade A--Description--Used glass envelope, all other components
and materials are new.
Grade B--Description--Used glass envelope, used phosphorescent
viewing screen, used aluminization, used internal conductive coating,
all other components and materials are new.
Grade C--Description--Used picture tube for resale, all
significant components and materials are used.
Color Picture Tubes
Grade AA--Description--All new components and materials, including
new glass envelope.
Grade A--Description--Used glass envelope, new or used shadow
mask, all other components and materials are new.
Grade B--Description--New electron gun, all other components and
materials are used.
Grade C--Description--Used picture tube for resale, all
significant components and materials are used.
(b) The fact that a used picture tube has been rejuvenated, or has
a new or used brightener attached to it, or has fresh paint or
coating on the outside, or any combination of the above, shall not
change its status or description as a Grade C picture tube, and the
terms "rebuilt" or "reconditioned" or words of like import shall not
be used to describe such tube.
(c) Where a picture tube is a "second" such tube shall be
designated by label as a "second" to the exclusion of any other grade
designation or component description and the following additional
notation shall appear verbatim on the label:
--This picture tube is a manufacturer's reject or
second line quality tube but it is capable of
giving satisfactory performance--
17531.8. No person other than a purchaser at retail for his own use
and consumption shall remove, deface, cover, obliterate, mutilate,
alter, or cause to be removed, defaced, covered, obliterated,
mutilated, or altered any label required to be placed on a picture
tube by this code.
17531.9. Any person violating any of the provisions of Section
17531.7 or 17531.8 may be enjoined by any superior court of competent
jurisdiction upon action for injunction, brought by the Attorney
General or any district attorney in this state, and the superior
court shall, after proof of violation, issue an injunction or other
appropriate order restraining such conduct. This injunctive remedy
shall not be construed to limit the district attorney of the county
wherein the violation occurred from prosecuting criminal action for
any violations of Section 17531.7 or 17531.8.
17532. It is unlawful wilfully or knowingly, with intent to
defraud, to sell or exchange, or offer or expose for sale or
exchange, coal of a specific name or kind under any other name or
description, or as the output of any mine other than the mine of
which it is the product.
17533. It is unlawful for any proprietor or publisher of any
newspaper or periodical, including any newspaper or periodical
published over the Internet, willfully and knowingly to misrepresent
the circulation of the newspaper or periodical, for the purpose of
securing advertising or other patronage.
17533.5. It shall be unlawful for any person, firm, corporation or
association to sell or offer for sale any surplus materials as
defined in the Federal Surplus Property Act of 1944, being Chapter
479, Public Laws United States 457, approved October 3, 1944, if such
person, firm, corporation or association does business, carries on
or trades under or in any way uses in dealing with the public,
directly or indirectly, any name which by reason of the inclusion of
a word or words such as "Army," "Navy," "United States," "Federal,"
"treasury," "procurement," "G.I.," or any others which connote the
United States Government or its armed forces or any of its
departments or agencies, has a tendency to lead the purchasing public
to believe, contrary to fact, that the establishment at which such
materials are offered for sale has some official relationship to the
United States Government or that all of the articles sold or offered
for sale are such surplus materials or that the articles there sold
are of higher quality and lower prices than those elsewhere
obtainable; provided, however, that this section shall not prohibit
the continued use of a trade name by an establishment which for three
years prior to the effective date of this section has continually
used such word or words as its trade name or as a portion thereof.
17533.6. (a) It is unlawful for any person, firm, corporation, or
association that is a nongovernmental entity to solicit information,
or to solicit the purchase of or payment for a product or service, or
to solicit the contribution of funds or membership fees, by means of
a mailing, electronic message, or Internet Web site that contains a
seal, insignia, trade or brand name, or any other term or symbol that
reasonably could be interpreted or construed as implying any state
or local government connection, approval, or endorsement, unless the
requirements of paragraph (1) or (2) have been met, as follows:
(1) The nongovernmental entity has an expressed connection with,
or the approval or endorsement of, a state or local government
entity, if permitted by other provisions of law.
(2) The solicitation meets both of the following requirements:
(A) The solicitation bears on its face, in conspicuous and legible
type in contrast by typography, layout, or color with other type on
its face, the following notice:
"THIS PRODUCT OR SERVICE HAS NOT BEEN APPROVED OR ENDORSED BY ANY
GOVERNMENTAL AGENCY, AND THIS OFFER IS NOT BEING MADE BY AN AGENCY OF
THE GOVERNMENT."
(B) In the case of a mailed solicitation, the envelope or outside
cover or wrapper in which the matter is mailed bears on its face in
capital letters and in conspicuous and legible type, the following
notice:
"THIS IS NOT A GOVERNMENT DOCUMENT."
(b) Except as provided in subdivision (c), any business that
solicits the purchase of, or payment for, a service by means of an
unsolicited mailing that offers to assist the recipient in dealing
with a state or local governmental agency shall do both of the
following:
(1) State on the envelope and in the mailing that the business is
not a governmental agency and is not associated with the governmental
agency referenced.
(2) Include in the mailing the contact information for the
governmental agency referenced.
(c) Subdivision (b) shall not apply if either of the following
requirements has been met:
(1) The business has an expressed connection with, or the approval
or endorsement of, a state or local governmental entity, if
permitted by other provisions of law.
(2) The business has an "established business relationship," as
defined in Section 1798.83 of the Civil Code, with the recipient.
17533.7. It is unlawful for any person, firm, corporation or
association to sell or offer for sale in this State any merchandise
on which merchandise or on its container there appears the words
"Made in U.S.A." "Made in America," "U. S.A.," or similar words when
the merchandise or any article, unit, or part thereof, has been
entirely or substantially made, manufactured, or produced outside of
the United States.
17533.8. (a) It is unlawful for any person to offer, by mail, by
telephone, in person, or by any other means or in any other form,
including over the Internet, a prize or gift, with the intent to
offer a sales presentation, without disclosing at the time of the
offer of the prize or gift, in a clear and unequivocal manner, the
intent to offer that sales presentation.
(b) This section shall not apply to the publisher of any
newspaper, periodical, or other publication, or any radio or
television broadcaster, or the owner or operator of any cable,
satellite, or other medium of communications who broadcasts or
publishes, including over the Internet, an advertisement or offer in
good faith, without knowledge of its violation of subdivision (a).
17533.9. It shall be unlawful for any person, firm, corporation, or
association, in any newspaper, magazine, circular, form letter, or
open publication, published, distributed, or circulated in this
state, including over the Internet, or on any billboard, card, label,
or other advertising medium, or by means of any other advertising
device, to advertise the sale of tear gas, tear gas devices, and tear
gas weapons, as defined in Sections 12401 and 12402 of the Penal
Code, unless there is conspicuously displayed or stated in connection
with the name and description of that tear gas, or those tear gas
weapons or devices, a direct and unequivocal statement that will
clearly indicate that possession or transportation of tear gas and
tear gas weapons or devices is prohibited by law unless specifically
exempted or permitted pursuant to the authority contained in Chapter
4 (commencing with Section 12401) of Title 2 of Part 4 of the Penal
Code.
17533.9. It shall be unlawful for any person, firm, corporation, or
association, in any newspaper, magazine, circular, form letter, or
open publication, published, distributed, or circulated in this
state, including over the Internet, or on any billboard, card, label,
or other advertising medium, or by means of any other advertising
device, to advertise the sale of tear gas, tear gas devices, and tear
gas weapons, as defined in Sections 17240 and 17250 of the Penal
Code, unless there is conspicuously displayed or stated in connection
with the name and description of that tear gas, or those tear gas
weapons or devices, a direct and unequivocal statement that will
clearly indicate that possession or transportation of tear gas and
tear gas weapons or devices is prohibited by law unless specifically
exempted or permitted pursuant to the authority contained in Division
11 (commencing with Section 22810) of Title 3 of Part 6 of the Penal
Code.
17533.10. It shall be unlawful for any person, firm, corporation,
or association, in any newspaper, magazine, circular, form letter, or
open publication, published, distributed, or circulated in this
state, including over the Internet, or on any billboard, card, label,
or other advertising medium, or by means of any other advertising
device, to advertise the sale of anabolic steroids, as defined in
subdivision (f) of Section 11056 of the Health and Safety Code,
unless there is conspicuously displayed or stated in connection with
the name and description of any of those anabolic steroids, a direct
and unequivocal statement that will clearly indicate that the
possession by, or sale to, an ultimate consumer of anabolic steroids
is a crime punishable by a substantial fine and imprisonment, unless
upon the prescription of a physician, dentist, podiatrist, or
veterinarian, licensed to practice in this state, pursuant to
Sections 11377, 11378, and 11379 of the Health and Safety Code.
17534. Any person, firm, corporation, partnership or association or
any employee or agent thereof who violates this chapter is guilty of
a misdemeanor.
17534.5. Unless otherwise expressly provided, the remedies or
penalties provided by this chapter are cumulative to each other and
to the remedies or penalties available under all other laws of this
state.
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.
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.
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.
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.
17537. (a) It is unlawful for any person to use the term "prize" or
"gift" or other similar term in any manner that would be untrue or
misleading, including, but not limited to, the manner made unlawful
in subdivision (b) or (c).
(b) It is unlawful to notify any person by any means, as a part of
an advertising plan or program, that he or she has won a prize and
that as a condition of receiving such prize he or she must pay any
money or purchase or rent any goods or services.
(c) It is unlawful to notify any person by any means that he or
she will receive a gift and that as a condition of receiving the gift
he or she must pay any money, or purchase or lease (including rent)
any goods or services, if any one or more of the following conditions
exist:
(1) The shipping charge, depending on the method of shipping used,
exceeds (A) the average cost of postage or the average charge of a
delivery service in the business of delivering goods of like size,
weight, and kind for shippers other than the offeror of the gift for
the geographic area in which the gift is being distributed, or (B)
the exact amount for shipping paid to an independent fulfillment
house or an independent supplier, either of which is in the business
of shipping goods for shippers other than the offeror of the gift.
(2) The handling charge (A) is not reasonable, or (B) exceeds the
actual cost of handling, or (C) exceeds the greater of three dollars
($3) in any transaction or 80 percent of the actual cost of the gift
item to the offeror or its agent, or (D) in the case of a general
merchandise retailer, exceeds the actual amount for handling paid to
an independent fulfillment house or supplier, either of which is in
the business of handling goods for businesses other than the offeror
of the gift.
(3) Any goods or services which must be purchased or leased by the
offeree of the gift in order to obtain the gift could have been
purchased through the same marketing channel in which the gift was
offered for a lower price without the gift items at or proximate to
the time the gift was offered.
(4) The majority of the gift offeror's sales or leases within the
preceding year, through the marketing channel in which the gift is
offered or through in-person sales at retail outlets, of the type of
goods or services which must be purchased or leased in order to
obtain the gift item was made in conjunction with the offer of a
gift.
This paragraph does not apply to a gift offer made by a general
merchandise retailer in conjunction with the sale or lease through
mail order of goods or services (excluding catalog sales) if (A) the
goods or services are of a type unlike any other type of goods or
services sold or leased by the general merchandise retailer at any
time during the period beginning six months before and continuing
until six months after the gift offer, (B) the gift offer does not
extend for a period of more than two months, and (C) the gift offer
is not untrue or misleading in any manner.
(5) The gift offeror represents that the offeree has been
specially selected in any manner unless (A) the representation is
true and (B) the offeree made a purchase from the gift offeror within
the six-month period before the gift offer was made or has a credit
card issued by, or a retail installment account with, the gift
offeror.
(d) The following definitions apply to this section:
(1) "Marketing channel" means a method of retail distribution,
including, but not limited to, catalog sales, mail order, telephone
sales, and in-person sales at retail outlets.
(2) "General merchandise retailer" means any person or entity
regardless of the form of organization that has continuously offered
for sale or lease more than 100 different types of goods or services
to the public in California throughout a period exceeding five years.
(e) Each 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.
17537.1. (a) It is unlawful for any person, or an employee, agent
or independent contractor employed or authorized by that person, by
any means, as part of an advertising plan or program, to offer any
incentive as an inducement to the recipient to visit a location,
attend a sales presentation, or contact a sales agent in person, by
telephone or by mail, unless the offer clearly and conspicuously
discloses in writing, in readily understandable language, all of the
information required in paragraphs (1) and (2). If the offer is not
initially made in writing, the required disclosures shall be received
by the recipient in writing prior to any scheduled visit to a
location, sales presentation, or contact with a sales agent. For
purposes of this section, the term "incentive" means any item or
service of value, including, but not limited to, any prize, gift,
money, or other tangible property.
(1) The following disclosures shall appear on the front (or first)
page of the offer:
(A) The name and street address of the owner of the real or
personal property or the provider of the services which are the
subject of the visit, sales presentation, or contact with a sales
agent. If the offer is made by an agent or independent contractor
employed or authorized by the owner or provider, or is made under a
name other than the true name of the owner or provider, the name of
the owner or provider shall be more prominently and conspicuously
displayed than the name of the agent, independent contractor, or
other name.
(B) A general description of the business of the owner or provider
identified pursuant to subparagraph (A), and the purpose of any
requested visit, sales presentation, or contact with a sales agent,
which shall include a general description of the real or personal
property or services which are the subject of the sales presentation
and a clear statement, if applicable, that there will be a sales
presentation and the approximate duration of the visit and sales
presentation.
(C) If the recipient is not assured of receiving any particular
incentive, a statement of the odds of receiving each incentive
offered or, in the alternative, a clear statement describing the
location in the offer where the odds can be found. The odds shall be
stated in whole Arabic numbers in a format such as: "1 chance in
100,000" or "1:100,000." The odds and, where applicable, the
alternative statement describing their location, shall be printed in
a type size that is at least equal to that used for the standard text
on the front (or first) page of the offer.
(D) A clear statement, if applicable, that the offer is subject to
specific restrictions, qualifications, and conditions and a
statement describing the location in the offer where the
restrictions, qualifications, and conditions may be found. Both
statements shall be printed in a type size that is at least equal to
that used for the standard text on the front (or first) page of the
offer.
(2) The following disclosures shall appear in the offer, but need
not appear on the front (or first) page of the offer:
(A) Unless the odds are disclosed on the front (or first) page of
the offer, a statement of the odds of receiving each incentive
offered, printed in the size and format set forth in subparagraph (C)
of paragraph (1).
(B) All restrictions, qualifications, and other conditions which
must be satisfied before the recipient is entitled to receive the
incentive, including but not limited to:
(i) Any deadline by which the recipient must visit the location,
attend the sales presentation, or contact the sales agent in order to
receive an incentive.
(ii) Any other conditions, such as a minimum age qualification, a
financial qualification, or a requirement that if the recipient is
married both husband and wife must be present in order to receive the
incentive. Any financial qualifications shall be stated with a
specificity sufficient to enable the recipient to reasonably
determine his or her eligibility.
(C) A statement that the owner or provider identified pursuant to
subparagraph (A) of paragraph (1) reserves the right to provide a
raincheck, or a substitute or like incentive, if those rights are
reserved.
(D) A statement that a recipient who receives an offered incentive
may request and will receive evidence showing that the incentive
provided matches the incentive randomly or otherwise selected for
distribution to that recipient.
(E) All other rules, terms, and conditions of the offer, plan, or
program.
(b) It is unlawful for any person making an offer subject to
subdivision (a), or any employee, agent, or independent contractor
employed or authorized by that person, to offer any incentive when
the person knows or has reason to know that the offered item will not
be available in a sufficient quantity based upon the reasonably
anticipated response to the offer.
(c) It is unlawful for any person making an offer subject to
subdivision (a), or any employee, agent, or independent contractor
employed or authorized by that person, to fail to provide any offered
incentive which any recipient who has responded to the offer in the
manner specified therein, who has performed the requirements
disclosed therein, and who has met the qualifications described
therein, is entitled to receive, unless the offered incentive is not
reasonably available and the offer discloses the reservation of a
right to provide a raincheck, or a like or substitute incentive, if
the offered incentive is unavailable.
(d) If the person making an offer subject to subdivision (a) is
unable to provide an offered incentive because of limitations of
supply, quantity, or quality that were not reasonably foreseeable or
controllable by the person making the offer, the person making the
offer shall inform the recipient of the recipient's right to receive
a raincheck for the incentive offered, unless the person making the
offer knows or has reasonable basis for knowing that the incentive
will not be reasonably available and shall inform the recipient of
the recipient's right to at least one of the following additional
options:
(1) The person making the offer will provide a like incentive of
equivalent or greater retail value or a raincheck therefor.
(2) The person making the offer will provide a substitute
incentive of equivalent or greater retail value.
(3) The person making the offer will provide a raincheck for the
like or substitute incentive.
(e) If a raincheck is provided, the person making an offer subject
to subdivision (a) shall, within a reasonable time, and in no event
later than 80 days, deliver the agreed incentive to the recipient's
address without additional cost or obligation to the recipient,
unless the incentive for which the raincheck is provided remains
unavailable because of limitations of supply, quantity, or quality
not reasonably foreseeable or controllable by the person making the
offer. In that case, the person making the offer shall, not later
than 30 days after the expiration of the 80 days, deliver a like
incentive of equal or greater retail value or, if an incentive is not
reasonably available to the person making the offer, a substitute
incentive of equal or greater retail value.
(f) Upon the request of a recipient who has received or claims a
right to receive any offered incentive, the person making an offer
subject to subdivision (a) shall furnish to the person sufficient
evidence showing that the incentive provided matches the incentive
randomly or otherwise selected for distribution to that recipient.
(g) It is unlawful for any person making an offer subject to
subdivision (a), or any employee, agent, or independent contractor
employed or authorized by that person, to:
(1) Use any printing styles, graphics, layouts, text, colors, or
formats on envelopes or on the offer which, implies, creates an
appearance, or would lead a reasonable person to believe, that the
offer originates from or is issued by or on behalf of a government or
public agency, public utility, public organization, insurance
company, credit reporting agency, bill collecting company or law
firm, unless the same is true.
(2) Misrepresent the size, quantity, identity, value, or qualities
of any incentive.
(3) Misrepresent in any manner the odds of receiving any
particular incentive.
(4) Represent directly or by implication that the number of
participants has been significantly limited or that any person has
been selected to receive a particular incentive unless that is the
fact.
(5) Label any offer a notice of termination or notice of
cancellation.
(6) Misrepresent, in any manner, the offer, plan, program or the
affiliation, connection, association, or contractual relationship
between the person making the offer and the owner or provider, if
they are not the same.
(h) If the major incentives are awarded or given at random, by the
assignment of a number to the incentives, that number shall be
actually assigned by the party contractually responsible for doing
so. The person making an offer subject to subdivision (a) hereof, or
the agent, employee, or independent contractor employed or authorized
by that person, if any, shall maintain, for a period of one year
after the date the offer is made, the records that show that the
winning numbers or opportunity to receive the major incentives have
been deposited in the mail or otherwise made available to recipients
in accordance with the odds statement provided pursuant to
subparagraph (C) of paragraph (1) of subdivision (a) hereof. The
records shall be made available to the Attorney General within 30
days after written request therefor. Postal receipt records,
affidavits of mailing, or a list of winners or recipients of the
major incentives shall be deemed to satisfy the requirements of this
section.
17537.10. (a) It is unlawful for any person, firm, corporation,
association, or any other business entity to make any untrue or
misleading statements in any manner in connection with the offering
or performance of a grant deed copy service. For the purpose of this
section, an "untrue or misleading statement" includes, but is not
limited to, any representation, with regard to property identified by
its address or assessor's parcel number, that any of the following
is true:
(1) That due to property foreclosures and loan modifications in
the county where the property is located, the property owner should
obtain a copy of his or her grant deed or other record of title.
(2) That a governmental entity, or any other entity that includes
in its name words that could lead a person to reasonably believe that
the entity is affiliated with government, has recommended that a
property owner should have a copy of his or her grant deed or other
record of title.
(3) That the offeror of the grant deed copy service is, or is
affiliated with, any governmental entity. A violation of this
paragraph includes, but is not limited to, the following:
(A) The misleading use of any governmental seal, emblem, or other
similar symbol.
(B) The use of a business name including the words "title" or
"grant deed" or "public record" and the word "agency," "bureau,"
"department," "division," "federal," "state," "county," "city," or
"municipal," or the name of any city, county, city and county, or any
governmental entity.
(C) The use of an envelope that simulates an envelope containing a
government check, tax bill, or government notice or an envelope that
otherwise has the capacity to be confused with, or mistaken for, an
envelope sent by a governmental entity.
(D) The use of an envelope or outside cover or wrapper in which a
solicitation is mailed that does not bear on its face in capital
letters and in conspicuous and legible type the following notice:
"THIS IS NOT A GOVERNMENT APPROVED OR AUTHORIZED DOCUMENT."
(4) That there is a fee payment deadline to obtain a copy of a
property owner's grant deed or other record of title.
(b) (1) It is unlawful to offer to perform a grant deed copy
service without making the following disclosure:
"THIS SERVICE TO OBTAIN A COPY OF YOUR GRANT DEED OR OTHER RECORD
OF TITLE IS NOT ASSOCIATED WITH ANY GOVERNMENTAL AGENCY. YOU CAN
OBTAIN A COPY OF YOUR GRANT DEED OR OTHER RECORD OF TITLE FROM THE
COUNTY RECORDER IN THE COUNTY WHERE YOUR PROPERTY IS LOCATED FOR
BUSINESS AND PROFESSIONS CODE
SECTION 17530-17539.6
17530. It is unlawful for any person, firm, corporation, or
association, or any employee or agent therefor, to make or
disseminate any statement or assertion of fact in a newspaper,
circular, circular or form letter, or other publication published or
circulated, including over the Internet, in any language in this
state, concerning the extent, location, ownership, title, or other
characteristic, quality, or attribute of any real estate located in
this state or elsewhere, which is known to be untrue and which is
made or disseminated with the intention of misleading.
Nothing in this section shall be construed to hold the publisher
of any newspaper, or any job printer, liable for any publication
herein referred to unless the publisher or printer has an interest,
either as owner or agent, in the real estate so advertised.
17530.1. (a) It shall be unlawful for a person to recommend to a
prospective trustor any person to serve as trustee with knowledge or
having reason to believe that the proposed trustee is insolvent or is
about to become insolvent.
For purposes of this section, "insolvent" means a person who has
ceased to pay that person's debts as they become due or whose
liabilities exceed that person's assets.
(b) The provisions of this section shall not apply to any trustee
named in any deed of trust or mortgage which secures a note or
evidence of indebtedness on real property when such trustee acts
solely in that capacity.
17530.5. (a) It is a misdemeanor for any person, including an
individual, firm, corporation, association, partnership, or joint
venture, or any employee or agent thereof, to disclose any
information obtained in the business of preparing federal or state
income tax returns or assisting taxpayers in preparing those returns,
including any instance in which this information is obtained through
an electronic medium, unless the disclosure is within any of the
following:
(1) Consented to in writing by the taxpayer in a separate document
that states to whom the disclosure will be made and how the
information will be used. If the taxpayer agrees, this separate
consent document may be in the form of an electronic record, executed
by an electronic signature as provided by Title 2.5 (commencing with
Section 1633.1) of Part 2 of Division 3 of the Civil Code.
(2) Expressly authorized by state or federal law.
(3) Necessary to the preparation of the return.
(4) Pursuant to court order.
(b) For the purposes of this section, a person is engaged in the
business of preparing federal or state income tax returns or
assisting taxpayers in preparing those returns if the person does any
of the following:
(1) Advertises, or gives publicity to the effect that the person
prepares or assists others in the preparation of state or federal
income tax returns.
(2) Prepares or assists others in the preparation of state or
federal income tax returns for compensation.
(3) Files a state or federal income tax return by electronic
transmittal of return data directly to the Franchise Tax Board or to
the Internal Revenue Service.
(c) A disclosure prohibited by this section includes a disclosure
made internally within the entity preparing or assisting in preparing
the return for any purpose other than tax preparation or made by
that entity to any of its subsidiaries or affiliates.
(d) For purposes of this section, "affiliate" means any entity
that, directly or indirectly, through one or more intermediaries,
controls, is controlled by, or is under common control with, another
entity.
(e) Contacting a taxpayer to obtain his or her written consent to
disclosure does not constitute a violation of this section.
17530.6. (a) Any person, including an individual, firm,
corporation, association, partnership, or joint venture, or any
employee or agent thereof, shall dispose of any of the information
described in Section 17530.5 in a manner including, but not limited
to, burning, shredding, electronic deleting, or other appropriate
means, so that the identity of the taxpayer may not be determined
from the disposed information alone or in combination with other
publicly available information. A violation of this section
constitutes a misdemeanor.
(b) This section shall not become operative if Assembly Bill 2246
of the 1999-2000 Regular Session is enacted and becomes effective on
or before January 1, 2001.
17530.7. It is unlawful for any person, other than a funeral
director as defined in Section 7615, to sell, or offer to sell, on a
retail basis, a casket, alternative container, or outer burial
container, unless that person does all of the following:
(a) Provides to any person, upon beginning any discussion of
prices, a written or printed list containing, but not necessarily
limited to, the price of all caskets and containers that are normally
offered for sale by that seller. The seller shall also provide a
written statement or list that, at a minimum, specifically identifies
particular caskets or containers by price and by thickness of metal,
type of wood, or other construction, and by interior and color, when
a request for specific information on caskets or containers is made
in person by any individual. This information shall also be provided
over the telephone, upon request.
(b) Places the price in a conspicuous manner on each casket.
Individual price tags on caskets shall include the thickness of metal
and type of wood or other construction, as applicable, in addition
to interior and color information.
(c) Places in a conspicuous manner on each casket represented as
having a sealing device of any kind, the following notices in at
least eight-point boldface type: "THERE IS NO SCIENTIFIC OR OTHER
EVIDENCE THAT ANY CASKET WITH A SEALING DEVICE WILL PRESERVE HUMAN
REMAINS."
(d) Furnishes to the buyer prior to the sale, a written or printed
itemized statement of all costs associated with the sale.
(e) Provides to the buyer a statement that includes a notice to
the buyer that he or she may contact the office of the district
attorney in that jurisdiction with any questions or complaints. At a
minimum, the information shall be in eight-point boldface type, and
state the following: "THE SELLER IS NOT A FUNERAL DIRECTOR AND IS NOT
LICENSED BY THE DEPARTMENT OF CONSUMER AFFAIRS, AND MAY NOT OFFER OR
PERFORM FUNERAL SERVICES. STATE AND FEDERAL LAWS PROHIBIT A FUNERAL
DIRECTOR FROM CHARGING HANDLING FEES FOR A CASKET SUPPLIED BY ANOTHER
PARTY. THE MONEYS RECEIVED BY THE SELLER FOR THE PURCHASE OF A
CASKET ARE NOT SUBJECT TO STATE LAW GOVERNING MONEY HELD IN TRUST.
THE SELLER IS NOT BOUND BY STATE LAWS OR REGULATIONS THAT GOVERN
FUNERAL HOMES AND CEMETERIES. THE PURCHASER ENTERS THIS AGREEMENT AT
HIS OR HER OWN RISK. FOR MORE INFORMATION, CONTACT THE OFFICE OF THE
DISTRICT ATTORNEY IN YOUR COUNTY."
17531. It is unlawful for any person, firm, or corporation, in any
newspaper, magazine, circular, form letter or any open publication,
published, distributed, or circulated in this state, including over
the Internet, or on any billboard, card, label, or other advertising
medium, or by means of any other advertising device, to advertise,
call attention to or give publicity to the sale of any merchandise,
which merchandise is secondhand or used merchandise, or which
merchandise is defective in any manner, or which merchandise consists
of articles or units or parts known as "seconds," or blemished
merchandise, or which merchandise has been rejected by the
manufacturer thereof as not first class, unless there is
conspicuously displayed directly in connection with the name and
description of that merchandise and each specified article, unit, or
part thereof, a direct and unequivocal statement, phrase, or word
which will clearly indicate that the merchandise or each article,
unit, or part thereof so advertised is secondhand, used, defective,
or consists of "seconds" or is blemished merchandise, or has been
rejected by the manufacturer thereof, as the case may be. Any
violation 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.
17531.1. Every manufacturer, wholesaler, jobber, distributor, or
other person, who packages children's toys for sale to any retailer,
shall clearly state on the outside of the package that the toy is
unassembled if such is the case. If children's toys are packaged
outside this State, the first wholesaler, jobber, distributor, or
other person who has possession or control of the toys in this State
in the course of distribution or marketing of such toys for sale to
any retailer shall not further distribute or market such toys if they
are unassembled unless and until the outside of each package which
contains any such toys clearly states that the toys are unassembled.
17531.5. It is unlawful for any person, firm, or corporation, in
any newspaper, magazine, circular, form letter, or any open
publication, published, distributed, or circulated in the State of
California, including over the Internet, or on any billboard, card,
label, or other advertising medium, or by means of any other
advertising device, to advertise, call attention to, or give
publicity to the sale of any merchandise, which merchandise is
surplus materials as defined in the federal Surplus Property Act of
1944 (50 U.S.C. App. Sec. 1622 et seq.), unless there is
conspicuously displayed directly in connection with the name and
description of that merchandise and each specified article, unit, or
part thereof, a direct and unequivocal statement, phrase, or word
which will clearly indicate that the merchandise or each article,
unit, or part thereof so advertised is or consists of surplus
materials as defined in the federal Surplus Property Act of 1944.
17531.6. As used in Sections 17531.7 and 17531.8, the term:
(a) "Picture tube" means cathode ray tube, otherwise known as
kinescope or CRT.
(b) "Rejuvenate," or words of like import such as "reactivate" or
"restore," means the repair of any internal malfunction of a picture
tube by burning out shorts in the electron gun assembly, or flaking
the cathode by heating and vibrating the cathode, or activities of a
similar nature.
(c) "Seconds," or terms of like import such as "rejects," mean
that the picture tube, though giving satisfactory performance, does
not meet the quality and workmanship maintained by the manufacturer
with respect to the general run of tubes of the same type.
(d) "Person" includes individual, partnership, firm, association,
or corporation.
17531.7. (a) No manufacturer, processor, or distributor of
television picture tubes shall sell, offer for sale, or expose for
sale any such tube unless the television picture tube and its
container, if any, are correctly labeled to indicate the new and used
materials of such tube according to the schedule and manner as
hereinafter provided.
Description of the picture tube by new and used components and
materials shall be indicated by setting forth on the label the
particular grade and verbatim description as selcted from the
following which applies to such tube.
SCHEDULE
Black and White Picture Tubes
Grade AA--Description--All new components and materials including
new glass envelope.
Grade A--Description--Used glass envelope, all other components
and materials are new.
Grade B--Description--Used glass envelope, used phosphorescent
viewing screen, used aluminization, used internal conductive coating,
all other components and materials are new.
Grade C--Description--Used picture tube for resale, all
significant components and materials are used.
Color Picture Tubes
Grade AA--Description--All new components and materials, including
new glass envelope.
Grade A--Description--Used glass envelope, new or used shadow
mask, all other components and materials are new.
Grade B--Description--New electron gun, all other components and
materials are used.
Grade C--Description--Used picture tube for resale, all
significant components and materials are used.
(b) The fact that a used picture tube has been rejuvenated, or has
a new or used brightener attached to it, or has fresh paint or
coating on the outside, or any combination of the above, shall not
change its status or description as a Grade C picture tube, and the
terms "rebuilt" or "reconditioned" or words of like import shall not
be used to describe such tube.
(c) Where a picture tube is a "second" such tube shall be
designated by label as a "second" to the exclusion of any other grade
designation or component description and the following additional
notation shall appear verbatim on the label:
--This picture tube is a manufacturer's reject or
second line quality tube but it is capable of
giving satisfactory performance--
17531.8. No person other than a purchaser at retail for his own use
and consumption shall remove, deface, cover, obliterate, mutilate,
alter, or cause to be removed, defaced, covered, obliterated,
mutilated, or altered any label required to be placed on a picture
tube by this code.
17531.9. Any person violating any of the provisions of Section
17531.7 or 17531.8 may be enjoined by any superior court of competent
jurisdiction upon action for injunction, brought by the Attorney
General or any district attorney in this state, and the superior
court shall, after proof of violation, issue an injunction or other
appropriate order restraining such conduct. This injunctive remedy
shall not be construed to limit the district attorney of the county
wherein the violation occurred from prosecuting criminal action for
any violations of Section 17531.7 or 17531.8.
17532. It is unlawful wilfully or knowingly, with intent to
defraud, to sell or exchange, or offer or expose for sale or
exchange, coal of a specific name or kind under any other name or
description, or as the output of any mine other than the mine of
which it is the product.
17533. It is unlawful for any proprietor or publisher of any
newspaper or periodical, including any newspaper or periodical
published over the Internet, willfully and knowingly to misrepresent
the circulation of the newspaper or periodical, for the purpose of
securing advertising or other patronage.
17533.5. It shall be unlawful for any person, firm, corporation or
association to sell or offer for sale any surplus materials as
defined in the Federal Surplus Property Act of 1944, being Chapter
479, Public Laws United States 457, approved October 3, 1944, if such
person, firm, corporation or association does business, carries on
or trades under or in any way uses in dealing with the public,
directly or indirectly, any name which by reason of the inclusion of
a word or words such as "Army," "Navy," "United States," "Federal,"
"treasury," "procurement," "G.I.," or any others which connote the
United States Government or its armed forces or any of its
departments or agencies, has a tendency to lead the purchasing public
to believe, contrary to fact, that the establishment at which such
materials are offered for sale has some official relationship to the
United States Government or that all of the articles sold or offered
for sale are such surplus materials or that the articles there sold
are of higher quality and lower prices than those elsewhere
obtainable; provided, however, that this section shall not prohibit
the continued use of a trade name by an establishment which for three
years prior to the effective date of this section has continually
used such word or words as its trade name or as a portion thereof.
17533.6. (a) It is unlawful for any person, firm, corporation, or
association that is a nongovernmental entity to solicit information,
or to solicit the purchase of or payment for a product or service, or
to solicit the contribution of funds or membership fees, by means of
a mailing, electronic message, or Internet Web site that contains a
seal, insignia, trade or brand name, or any other term or symbol that
reasonably could be interpreted or construed as implying any state
or local government connection, approval, or endorsement, unless the
requirements of paragraph (1) or (2) have been met, as follows:
(1) The nongovernmental entity has an expressed connection with,
or the approval or endorsement of, a state or local government
entity, if permitted by other provisions of law.
(2) The solicitation meets both of the following requirements:
(A) The solicitation bears on its face, in conspicuous and legible
type in contrast by typography, layout, or color with other type on
its face, the following notice:
"THIS PRODUCT OR SERVICE HAS NOT BEEN APPROVED OR ENDORSED BY ANY
GOVERNMENTAL AGENCY, AND THIS OFFER IS NOT BEING MADE BY AN AGENCY OF
THE GOVERNMENT."
(B) In the case of a mailed solicitation, the envelope or outside
cover or wrapper in which the matter is mailed bears on its face in
capital letters and in conspicuous and legible type, the following
notice:
"THIS IS NOT A GOVERNMENT DOCUMENT."
(b) Except as provided in subdivision (c), any business that
solicits the purchase of, or payment for, a service by means of an
unsolicited mailing that offers to assist the recipient in dealing
with a state or local governmental agency shall do both of the
following:
(1) State on the envelope and in the mailing that the business is
not a governmental agency and is not associated with the governmental
agency referenced.
(2) Include in the mailing the contact information for the
governmental agency referenced.
(c) Subdivision (b) shall not apply if either of the following
requirements has been met:
(1) The business has an expressed connection with, or the approval
or endorsement of, a state or local governmental entity, if
permitted by other provisions of law.
(2) The business has an "established business relationship," as
defined in Section 1798.83 of the Civil Code, with the recipient.
17533.7. It is unlawful for any person, firm, corporation or
association to sell or offer for sale in this State any merchandise
on which merchandise or on its container there appears the words
"Made in U.S.A." "Made in America," "U. S.A.," or similar words when
the merchandise or any article, unit, or part thereof, has been
entirely or substantially made, manufactured, or produced outside of
the United States.
17533.8. (a) It is unlawful for any person to offer, by mail, by
telephone, in person, or by any other means or in any other form,
including over the Internet, a prize or gift, with the intent to
offer a sales presentation, without disclosing at the time of the
offer of the prize or gift, in a clear and unequivocal manner, the
intent to offer that sales presentation.
(b) This section shall not apply to the publisher of any
newspaper, periodical, or other publication, or any radio or
television broadcaster, or the owner or operator of any cable,
satellite, or other medium of communications who broadcasts or
publishes, including over the Internet, an advertisement or offer in
good faith, without knowledge of its violation of subdivision (a).
17533.9. It shall be unlawful for any person, firm, corporation, or
association, in any newspaper, magazine, circular, form letter, or
open publication, published, distributed, or circulated in this
state, including over the Internet, or on any billboard, card, label,
or other advertising medium, or by means of any other advertising
device, to advertise the sale of tear gas, tear gas devices, and tear
gas weapons, as defined in Sections 12401 and 12402 of the Penal
Code, unless there is conspicuously displayed or stated in connection
with the name and description of that tear gas, or those tear gas
weapons or devices, a direct and unequivocal statement that will
clearly indicate that possession or transportation of tear gas and
tear gas weapons or devices is prohibited by law unless specifically
exempted or permitted pursuant to the authority contained in Chapter
4 (commencing with Section 12401) of Title 2 of Part 4 of the Penal
Code.
17533.9. It shall be unlawful for any person, firm, corporation, or
association, in any newspaper, magazine, circular, form letter, or
open publication, published, distributed, or circulated in this
state, including over the Internet, or on any billboard, card, label,
or other advertising medium, or by means of any other advertising
device, to advertise the sale of tear gas, tear gas devices, and tear
gas weapons, as defined in Sections 17240 and 17250 of the Penal
Code, unless there is conspicuously displayed or stated in connection
with the name and description of that tear gas, or those tear gas
weapons or devices, a direct and unequivocal statement that will
clearly indicate that possession or transportation of tear gas and
tear gas weapons or devices is prohibited by law unless specifically
exempted or permitted pursuant to the authority contained in Division
11 (commencing with Section 22810) of Title 3 of Part 6 of the Penal
Code.
17533.10. It shall be unlawful for any person, firm, corporation,
or association, in any newspaper, magazine, circular, form letter, or
open publication, published, distributed, or circulated in this
state, including over the Internet, or on any billboard, card, label,
or other advertising medium, or by means of any other advertising
device, to advertise the sale of anabolic steroids, as defined in
subdivision (f) of Section 11056 of the Health and Safety Code,
unless there is conspicuously displayed or stated in connection with
the name and description of any of those anabolic steroids, a direct
and unequivocal statement that will clearly indicate that the
possession by, or sale to, an ultimate consumer of anabolic steroids
is a crime punishable by a substantial fine and imprisonment, unless
upon the prescription of a physician, dentist, podiatrist, or
veterinarian, licensed to practice in this state, pursuant to
Sections 11377, 11378, and 11379 of the Health and Safety Code.
17534. Any person, firm, corporation, partnership or association or
any employee or agent thereof who violates this chapter is guilty of
a misdemeanor.
17534.5. Unless otherwise expressly provided, the remedies or
penalties provided by this chapter are cumulative to each other and
to the remedies or penalties available under all other laws of this
state.
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.
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.
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.
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.
17537. (a) It is unlawful for any person to use the term "prize" or
"gift" or other similar term in any manner that would be untrue or
misleading, including, but not limited to, the manner made unlawful
in subdivision (b) or (c).
(b) It is unlawful to notify any person by any means, as a part of
an advertising plan or program, that he or she has won a prize and
that as a condition of receiving such prize he or she must pay any
money or purchase or rent any goods or services.
(c) It is unlawful to notify any person by any means that he or
she will receive a gift and that as a condition of receiving the gift
he or she must pay any money, or purchase or lease (including rent)
any goods or services, if any one or more of the following conditions
exist:
(1) The shipping charge, depending on the method of shipping used,
exceeds (A) the average cost of postage or the average charge of a
delivery service in the business of delivering goods of like size,
weight, and kind for shippers other than the offeror of the gift for
the geographic area in which the gift is being distributed, or (B)
the exact amount for shipping paid to an independent fulfillment
house or an independent supplier, either of which is in the business
of shipping goods for shippers other than the offeror of the gift.
(2) The handling charge (A) is not reasonable, or (B) exceeds the
actual cost of handling, or (C) exceeds the greater of three dollars
($3) in any transaction or 80 percent of the actual cost of the gift
item to the offeror or its agent, or (D) in the case of a general
merchandise retailer, exceeds the actual amount for handling paid to
an independent fulfillment house or supplier, either of which is in
the business of handling goods for businesses other than the offeror
of the gift.
(3) Any goods or services which must be purchased or leased by the
offeree of the gift in order to obtain the gift could have been
purchased through the same marketing channel in which the gift was
offered for a lower price without the gift items at or proximate to
the time the gift was offered.
(4) The majority of the gift offeror's sales or leases within the
preceding year, through the marketing channel in which the gift is
offered or through in-person sales at retail outlets, of the type of
goods or services which must be purchased or leased in order to
obtain the gift item was made in conjunction with the offer of a
gift.
This paragraph does not apply to a gift offer made by a general
merchandise retailer in conjunction with the sale or lease through
mail order of goods or services (excluding catalog sales) if (A) the
goods or services are of a type unlike any other type of goods or
services sold or leased by the general merchandise retailer at any
time during the period beginning six months before and continuing
until six months after the gift offer, (B) the gift offer does not
extend for a period of more than two months, and (C) the gift offer
is not untrue or misleading in any manner.
(5) The gift offeror represents that the offeree has been
specially selected in any manner unless (A) the representation is
true and (B) the offeree made a purchase from the gift offeror within
the six-month period before the gift offer was made or has a credit
card issued by, or a retail installment account with, the gift
offeror.
(d) The following definitions apply to this section:
(1) "Marketing channel" means a method of retail distribution,
including, but not limited to, catalog sales, mail order, telephone
sales, and in-person sales at retail outlets.
(2) "General merchandise retailer" means any person or entity
regardless of the form of organization that has continuously offered
for sale or lease more than 100 different types of goods or services
to the public in California throughout a period exceeding five years.
(e) Each 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.
17537.1. (a) It is unlawful for any person, or an employee, agent
or independent contractor employed or authorized by that person, by
any means, as part of an advertising plan or program, to offer any
incentive as an inducement to the recipient to visit a location,
attend a sales presentation, or contact a sales agent in person, by
telephone or by mail, unless the offer clearly and conspicuously
discloses in writing, in readily understandable language, all of the
information required in paragraphs (1) and (2). If the offer is not
initially made in writing, the required disclosures shall be received
by the recipient in writing prior to any scheduled visit to a
location, sales presentation, or contact with a sales agent. For
purposes of this section, the term "incentive" means any item or
service of value, including, but not limited to, any prize, gift,
money, or other tangible property.
(1) The following disclosures shall appear on the front (or first)
page of the offer:
(A) The name and street address of the owner of the real or
personal property or the provider of the services which are the
subject of the visit, sales presentation, or contact with a sales
agent. If the offer is made by an agent or independent contractor
employed or authorized by the owner or provider, or is made under a
name other than the true name of the owner or provider, the name of
the owner or provider shall be more prominently and conspicuously
displayed than the name of the agent, independent contractor, or
other name.
(B) A general description of the business of the owner or provider
identified pursuant to subparagraph (A), and the purpose of any
requested visit, sales presentation, or contact with a sales agent,
which shall include a general description of the real or personal
property or services which are the subject of the sales presentation
and a clear statement, if applicable, that there will be a sales
presentation and the approximate duration of the visit and sales
presentation.
(C) If the recipient is not assured of receiving any particular
incentive, a statement of the odds of receiving each incentive
offered or, in the alternative, a clear statement describing the
location in the offer where the odds can be found. The odds shall be
stated in whole Arabic numbers in a format such as: "1 chance in
100,000" or "1:100,000." The odds and, where applicable, the
alternative statement describing their location, shall be printed in
a type size that is at least equal to that used for the standard text
on the front (or first) page of the offer.
(D) A clear statement, if applicable, that the offer is subject to
specific restrictions, qualifications, and conditions and a
statement describing the location in the offer where the
restrictions, qualifications, and conditions may be found. Both
statements shall be printed in a type size that is at least equal to
that used for the standard text on the front (or first) page of the
offer.
(2) The following disclosures shall appear in the offer, but need
not appear on the front (or first) page of the offer:
(A) Unless the odds are disclosed on the front (or first) page of
the offer, a statement of the odds of receiving each incentive
offered, printed in the size and format set forth in subparagraph (C)
of paragraph (1).
(B) All restrictions, qualifications, and other conditions which
must be satisfied before the recipient is entitled to receive the
incentive, including but not limited to:
(i) Any deadline by which the recipient must visit the location,
attend the sales presentation, or contact the sales agent in order to
receive an incentive.
(ii) Any other conditions, such as a minimum age qualification, a
financial qualification, or a requirement that if the recipient is
married both husband and wife must be present in order to receive the
incentive. Any financial qualifications shall be stated with a
specificity sufficient to enable the recipient to reasonably
determine his or her eligibility.
(C) A statement that the owner or provider identified pursuant to
subparagraph (A) of paragraph (1) reserves the right to provide a
raincheck, or a substitute or like incentive, if those rights are
reserved.
(D) A statement that a recipient who receives an offered incentive
may request and will receive evidence showing that the incentive
provided matches the incentive randomly or otherwise selected for
distribution to that recipient.
(E) All other rules, terms, and conditions of the offer, plan, or
program.
(b) It is unlawful for any person making an offer subject to
subdivision (a), or any employee, agent, or independent contractor
employed or authorized by that person, to offer any incentive when
the person knows or has reason to know that the offered item will not
be available in a sufficient quantity based upon the reasonably
anticipated response to the offer.
(c) It is unlawful for any person making an offer subject to
subdivision (a), or any employee, agent, or independent contractor
employed or authorized by that person, to fail to provide any offered
incentive which any recipient who has responded to the offer in the
manner specified therein, who has performed the requirements
disclosed therein, and who has met the qualifications described
therein, is entitled to receive, unless the offered incentive is not
reasonably available and the offer discloses the reservation of a
right to provide a raincheck, or a like or substitute incentive, if
the offered incentive is unavailable.
(d) If the person making an offer subject to subdivision (a) is
unable to provide an offered incentive because of limitations of
supply, quantity, or quality that were not reasonably foreseeable or
controllable by the person making the offer, the person making the
offer shall inform the recipient of the recipient's right to receive
a raincheck for the incentive offered, unless the person making the
offer knows or has reasonable basis for knowing that the incentive
will not be reasonably available and shall inform the recipient of
the recipient's right to at least one of the following additional
options:
(1) The person making the offer will provide a like incentive of
equivalent or greater retail value or a raincheck therefor.
(2) The person making the offer will provide a substitute
incentive of equivalent or greater retail value.
(3) The person making the offer will provide a raincheck for the
like or substitute incentive.
(e) If a raincheck is provided, the person making an offer subject
to subdivision (a) shall, within a reasonable time, and in no event
later than 80 days, deliver the agreed incentive to the recipient's
address without additional cost or obligation to the recipient,
unless the incentive for which the raincheck is provided remains
unavailable because of limitations of supply, quantity, or quality
not reasonably foreseeable or controllable by the person making the
offer. In that case, the person making the offer shall, not later
than 30 days after the expiration of the 80 days, deliver a like
incentive of equal or greater retail value or, if an incentive is not
reasonably available to the person making the offer, a substitute
incentive of equal or greater retail value.
(f) Upon the request of a recipient who has received or claims a
right to receive any offered incentive, the person making an offer
subject to subdivision (a) shall furnish to the person sufficient
evidence showing that the incentive provided matches the incentive
randomly or otherwise selected for distribution to that recipient.
(g) It is unlawful for any person making an offer subject to
subdivision (a), or any employee, agent, or independent contractor
employed or authorized by that person, to:
(1) Use any printing styles, graphics, layouts, text, colors, or
formats on envelopes or on the offer which, implies, creates an
appearance, or would lead a reasonable person to believe, that the
offer originates from or is issued by or on behalf of a government or
public agency, public utility, public organization, insurance
company, credit reporting agency, bill collecting company or law
firm, unless the same is true.
(2) Misrepresent the size, quantity, identity, value, or qualities
of any incentive.
(3) Misrepresent in any manner the odds of receiving any
particular incentive.
(4) Represent directly or by implication that the number of
participants has been significantly limited or that any person has
been selected to receive a particular incentive unless that is the
fact.
(5) Label any offer a notice of termination or notice of
cancellation.
(6) Misrepresent, in any manner, the offer, plan, program or the
affiliation, connection, association, or contractual relationship
between the person making the offer and the owner or provider, if
they are not the same.
(h) If the major incentives are awarded or given at random, by the
assignment of a number to the incentives, that number shall be
actually assigned by the party contractually responsible for doing
so. The person making an offer subject to subdivision (a) hereof, or
the agent, employee, or independent contractor employed or authorized
by that person, if any, shall maintain, for a period of one year
after the date the offer is made, the records that show that the
winning numbers or opportunity to receive the major incentives have
been deposited in the mail or otherwise made available to recipients
in accordance with the odds statement provided pursuant to
subparagraph (C) of paragraph (1) of subdivision (a) hereof. The
records shall be made available to the Attorney General within 30
days after written request therefor. Postal receipt records,
affidavits of mailing, or a list of winners or recipients of the
major incentives shall be deemed to satisfy the requirements of this
section.
17537.10. (a) It is unlawful for any person, firm, corporation,
association, or any other business entity to make any untrue or
misleading statements in any manner in connection with the offering
or performance of a grant deed copy service. For the purpose of this
section, an "untrue or misleading statement" includes, but is not
limited to, any representation, with regard to property identified by
its address or assessor's parcel number, that any of the following
is true:
(1) That due to property foreclosures and loan modifications in
the county where the property is located, the property owner should
obtain a copy of his or her grant deed or other record of title.
(2) That a governmental entity, or any other entity that includes
in its name words that could lead a person to reasonably believe that
the entity is affiliated with government, has recommended that a
property owner should have a copy of his or her grant deed or other
record of title.
(3) That the offeror of the grant deed copy service is, or is
affiliated with, any governmental entity. A violation of this
paragraph includes, but is not limited to, the following:
(A) The misleading use of any governmental seal, emblem, or other
similar symbol.
(B) The use of a business name including the words "title" or
"grant deed" or "public record" and the word "agency," "bureau,"
"department," "division," "federal," "state," "county," "city," or
"municipal," or the name of any city, county, city and county, or any
governmental entity.
(C) The use of an envelope that simulates an envelope containing a
government check, tax bill, or government notice or an envelope that
otherwise has the capacity to be confused with, or mistaken for, an
envelope sent by a governmental entity.
(D) The use of an envelope or outside cover or wrapper in which a
solicitation is mailed that does not bear on its face in capital
letters and in conspicuous and legible type the following notice:
"THIS IS NOT A GOVERNMENT APPROVED OR AUTHORIZED DOCUMENT."
(4) That there is a fee payment deadline to obtain a copy of a
property owner's grant deed or other record of title.
(b) (1) It is unlawful to offer to perform a grant deed copy
service without making the following disclosure:
"THIS SERVICE TO OBTAIN A COPY OF YOUR GRANT DEED OR OTHER RECORD
OF TITLE IS NOT ASSOCIATED WITH ANY GOVERNMENTAL AGENCY. YOU CAN
OBTAIN A COPY OF YOUR GRANT DEED OR OTHER RECORD OF TITLE FROM THE
COUNTY RECORDER IN THE COUNTY WHERE YOUR PROPERTY IS LOCATED FOR
