2005 California Business and Professions Code Sections 17530-17539.6 Article 2. Particular Offenses

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.  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 subdivision (a) or (b) have been met, as follows:
   (a) 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.
   (b) The solicitation meets both of the following requirements:
   (1) 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 GOVERNMENT AGENCY, AND THIS OFFER IS
NOT BEING MADE BY AN AGENCY OF THE GOVERNMENT."
   (2) 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."
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.
17533.10.  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.
17537.2.  The following, when used as part of an advertising plan or
program defined in Section 17537.1, are deceptive and constitute
unfair trade practices:
   (a) When, in order to utilize the incentive, the recipient is
requested to pay any money to any person or entity named or referred
to in the offer, or to purchase, rent, or otherwise pay that person
or entity for any product or service including a deposit, whether
returnable or not, whether payment is for an item, a service,
shipping, handling, insurance or payment for anything.
   Notwithstanding the preceding paragraph, when the offered
incentive is a certificate or coupon redeemable for transportation,
accommodations, recreation, vacation, entertainment, or like
services, the offer may place a condition on the use of the incentive
which requires the recipient to pay directly to the transportation
company, the accommodation, recreation, vacation or entertainment
facility, or similar direct provider of like services, a refundable
deposit, not to exceed fifty dollars ($50), to reserve space
availability or admission, only if the deposit shall be returned in
United States dollars immediately upon the recipient's arrival at the
location of the provider to whom the recipient paid the deposit.  If
the incentive is such a certificate or coupon, and if
government-imposed taxes directly related to the service being
provided are not included in the incentive, the offer itself, in
close proximity to the description of the incentive which is
evidenced by the certificate or coupon, shall disclose those
government-imposed taxes which will be the recipient's responsibility
and the approximate dollar amount of those taxes.  A deposit from
the recipient may be collected to cover the cost of those
government-imposed taxes.
   (b) Stating or implying in the offer that the recipient is one of
a selected group to receive a particular incentive or one or more of
a group of incentives, without clearly and conspicuously disclosing
in close proximity to the statement or implied statement of selection
the total number of persons in that select group or the odds of
receiving the incentive or incentives.  Statements of selection which
require such disclosure include such phrases as "you are a finalist,"
"we are sending this to a limited number of people," "either you or
another named person has won the major prize," "if you do not
respond, your incentive will be given to someone else."
   (c) Stating or implying in the offer that the recipient is likely
to receive one or more of the offered incentives because other named
people have already received other named incentives, unless the offer
clearly and conspicuously discloses in close proximity to the
statement the recipient's odds of receiving the identified incentive.
   (d) When the solicitation states or implies that the recipient is
likely to receive an incentive which has a normal retail price which
is higher than that of another named incentive unless that statement
is true.  For purposes of this section, a list of incentives implies
that the incentives are in descending or ascending order of value
unless the solicitation clearly and conspicuously negates the
implication in close proximity to the list.
   (e) Describing an incentive or incentives in an untrue or
misleading manner.  Untrue or misleading descriptions include those
which imply that the incentive being offered is of greater fair
market value or of a different kind or nature than a recipient would
be led to believe from a reasonable reading of the offer, or which
lists the recipient's name in close proximity to a specific incentive
unless the offer clearly and conspicuously discloses immediately
next to or immediately under or above the recipient's name the
recipient's odds of receiving the specific incentive.
   (f) Subdivision (a) shall not apply to an incentive constituting
an opportunity to stay at a hotel or other resort accommodations at a
discount from the standard rate for the hotel or resort
accommodations, if all of the following conditions are met:
   (1) The fee to utilize the incentive and the requirement, if any,
to attend a sales presentation are clearly and conspicuously
disclosed in close proximity to the description of the offered
incentive.
   (2) A statement appears in close proximity to the description of
the offered incentive and in substantially the following form:  The
recipient is responsible for payment of any government-imposed taxes
directly related to the service being provided and any personal
expenses incurred when utilizing this offer.
   (3) The accommodations to be occupied by the recipient of the
incentive are within a 20-mile radius of the property on which the
accommodations offered for sale are located or, if not within that
radius, the accommodations offered for sale are managed and operated
by the same person as, an affiliate (as defined in Section 150 of the
Corporations Code) of, or a franchisee (as defined in Section 20002)
of, the manager and operator of the accommodations to be occupied,
and the manager and operator of the accommodations offered for sale
or the manager and operator of the accommodations to be occupied is
an issuer or subsidiary of an issuer that has a security listed on a
national securities exchange or designated as a national market
system security on an interdealer quotation system by the National
Association of Securities Dealers, Inc. and the exchange or
interdealer quotation system has been certified by rule or order of
the Commissioner of Corporations under subdivision (o) of Section
25100 of the Corporations Code.  A subsidiary of an issuer that
qualifies under this paragraph does not itself qualify under this
paragraph unless not less than 60 percent of the voting power of its
shares is owned by the qualifying issuer or issuers.
   (4) If the incentive is offered in conjunction with any additional
incentive or incentives or as one or more of a group of incentives,
the offer of such additional incentive or incentives shall comply
with Section 17537.1 and the following:
   (A) The additional incentive or incentives are typically and
customarily included in a vacation package and may include, but not
be limited to, transportation, dining, entertainment, or recreation.
   (B) The fee and additional requirements, if any, to use the
additional incentive or incentives are clearly and conspicuously
disclosed in close proximity to the description of the offer of them.
17537.3.  The following acts are prohibited:
   (a) For any person to offer as part of an advertising plan or
program, promotional offers of smokeless tobacco products which
require proof of purchase of a smokeless tobacco product unless it
carries a designation that the offer is not available to minors.
Each promotional offer shall include in any mail-in coupon a
statement requesting purchasers to verify that the purchaser is 18
years of age or older.
   (b) For any person to honor mail-in and telephone requests for
promotional offers of smokeless tobacco products unless appropriate
efforts are made to ascertain that a purchaser is over 18 years of
age.  For purposes of this subdivision, appropriate efforts to
ascertain the age of a purchaser includes, but is not limited to,
requests for a purchaser's birth date.
   (c) For any person by any means, as part of an advertising plan or
program, to distribute free samples of smokeless tobacco products
within a two block radius of any premises or facilities whose primary
purpose is directed toward persons under the age of 18 years
including, but not limited to, schools, clubhouses, and youth
centers, when those premises are being used for their primary
purposes.
   (d) For any person to distribute, as part of any advertising plan
or program, unsolicited samples of smokeless tobacco products through
a mail campaign.
17537.4.  If the person making an offer subject to Section 17537 or
to subdivision (a) of Section 17537.1, or any employee, agent, or
independent contractor employed or authorized by that person,
violates any provision of Section 17537, 17537.1, or 17537.2, the
recipient of the offer who is damaged by the violation may  bring a
civil action against the person making the offer for, and may be
awarded, treble damages.  The court may award reasonable attorneys'
fees to the prevailing party.
17537.5.  (a) It is unlawful for any person soliciting a sale or
order for energy conservation products or services, including over
the Internet, to do any of the following:
   (1) Make false claims of affiliation or association with an
electrical or gas corporation or municipally owned and operated
electrical or gas utility or its energy conservation programs.
   (2) Falsely represent that the purchase of an energy conservation
service or the purchase or installation of an energy conservation
product is required by law.
   (3) Misrepresent the nature of the purchaser's obligation for the
purchase price of the energy conservation products or services.
   (4) Misrepresent the tax consequences of purchasing energy
conservation products or services.
   (b) Any person, firm, corporation, partnership or association, and
any employee or agent thereof who violates this section (1) in the
course of solicitation of a sale or order at a residence; (2) by
telephone; or (3) by any other method or at any other location,
including over the Internet, shall be liable for the damages provided
by subdivision (c) of Section 17500.3, in addition to all other
penalties provided by law.
17537.6.  (a) It is unlawful for any person to make any untrue or
misleading statements in any manner in connection with the offering
or performance of a homestead filing service.  For the purpose of
this section, an "untrue or misleading statement" means and includes
any representation that any of the following is true:
   (1) The preparation or recordation of a homestead declaration will
in any manner prevent the forced sale of a judgment debtor's
dwelling.
   (2) The preparation or recordation of a homestead declaration will
prevent the foreclosure of a mortgage, deed of trust, or mechanic's
lien.
   (3) Any of the provisions relating to the homestead exemption set
forth in Article 4 (commencing with Section 704.710) of Chapter 4 of
Division 2 of Title 9 of Part 2 of the Code of Civil Procedure are
available only to persons who prepare or record a homestead
declaration.
   (4) A homestead declaration is in any way related to the obtaining
of any applicable homeowner's exemption to real property taxes.
   (5) The preparation or recordation of a homestead declaration is
required by law in any manner.
   (6) The offeror of the homestead filing service has a file or
record covering a person to whom a solicitation is made.
   (7) The offeror of the homestead filing service is, or is
affiliated with, any charitable or public service entity unless the
offeror is, or is affiliated with, a charitable organization which
has qualified for a tax exemption under Section 501(c)(3) of the
Internal Revenue Code.
   (8) The offeror of the homestead filing 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 word "homestead" and
the word "agency," "bureau," "department," "division," "federal,"
"state," "county," "city," "municipal," "California," or "United
States," 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
which otherwise has the capacity to be confused with, or mistaken
for, an envelope sent by a governmental entity.
   (b)(1) It is unlawful to offer to perform a homestead filing
service without making the following disclosure:
   THIS HOMESTEAD FILING SERVICE IS NOT ASSOCIATED WITH ANY
GOVERNMENT AGENCY.
   YOU DO NOT HAVE TO RECORD A HOMESTEAD DECLARATION.
   RECORDING A HOMESTEAD DECLARATION DOES NOT PROTECT YOUR HOME
AGAINST FORCED SALE BY A CREDITOR.  YOU MAY WISH TO CONSULT A LAWYER
ABOUT THE BENEFITS OF RECORDING A HOMESTEAD DECLARATION.
   IF YOU WANT TO RECORD A HOMESTEAD, YOU CAN FILL OUT A HOMESTEAD
DECLARATION FORM BY YOURSELF, HAVE YOUR SIGNATURE NOTARIZED, AND HAVE
THE FORM RECORDED BY THE COUNTY RECORDER.
   (2) The disclosure specified in paragraph (1) shall be placed at
the top of each page of every advertisement or promotional material
disseminated by an offeror of a homestead filing service and shall be
printed in 12-point boldface type enclosed in a box formed by a
heavy line.
   (3) The disclosure specified in paragraph (1) shall be recited at
the beginning of every oral solicitation and every broadcast
advertisement and shall be delivered in printed form as prescribed by
paragraph (2) before the time each person who responds to the oral
solicitation or broadcast advertisement is obligated to pay for any
service.
   (c) In addition to any other service, every offeror of a homestead
filing service shall deliver each notarized homestead declaration to
the appropriate county recorder for recordation as soon as needed or
required by a homestead declarant, but no later than 10 days after
the homestead declaration is notarized.  The offeror of the homestead
filing service shall pay all fees charged  in connection with the
notarization and recordation of the homestead declaration.
   (d) No offeror of a homestead filing service shall charge, demand,
or collect any money until after the homestead declaration is
recorded.  The total amount charged, demanded, or collected by an
offeror of a homestead filing service, including all fees for
notarization and recordation, shall not exceed twenty-five dollars
($25).
   (e) For the purposes of this section, the following definitions
apply:
   (1) "Homestead filing service" means any service performed or
offered to be performed for compensation in connection with the
preparation or completion of a homestead declaration or in connection
with the assistance in any manner of another person to prepare or
complete a homestead declaration.  "Homestead filing service" does
not include any service performed by an attorney at law authorized to
practice in this state for a client who has retained that attorney
or an employee of that attorney acting under the attorney's direction
and supervision.
   (2) A "homestead declaration" has the meaning described in Article
5 (commencing with Section 704.910) of Chapter 4 of Division 2 of
Title 9 of Part 2 of the Code of Civil Procedure.
17537.7.  Except as to communications described in paragraph (2) of
subdivision (n) of Section 11713.1 of the Vehicle Code, it is
unlawful for any person to use the terms "invoice," "dealer invoice,"
"wholesale price," or similar terms that refer to a dealer's cost
for a motor vehicle in an advertisement for the sale or lease of a
vehicle, or advertise that the selling price of a vehicle is above,
below, or at either of the following:
   (a) The manufacturer's or distributor's invoice or selling price
to a dealer.
   (b) A dealer's cost.
17537.8.  (a) It is unlawful for any person to make any untrue or
misleading statements in any manner in connection with the offering
or performance of a homeowners' exemption filing service.  For the
purpose of this section, an "untrue or misleading statement"
includes, but is not limited to, any representation that any of the
following is true:
   (1) A fee is required in order to receive the homeowners'
exemption.
   (2) The offeror of the homeowners' exemption filing service has a
file or record covering a person to whom a solicitation is made.
   (3) The offeror of the homeowners' exemption filing 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 word "homeowners'
exemption" or "exemption" and the word "assessor," "auditor,"
"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 DOCUMENT."
   (b) (1) It is unlawful to offer to perform a homeowners' exemption
filing service without making the following disclosure:  "THIS
HOMEOWNERS' EXEMPTION FILING SERVICE IS NOT ASSOCIATED WITH ANY
GOVERNMENT AGENCY.  YOU CAN OBTAIN AND FILE A HOMEOWNERS' EXEMPTION
CLAIM FORM, AT NO COST, WITH THE COUNTY ASSESSOR'S OFFICE."
   (2) The disclosures specified in paragraph (1) shall be placed at
the top of each page of every advertisement or promotional material
disseminated by an offeror of a homeowners' exemption filing service
and shall be printed in 12-point boldface type enclosed in a box
formed by a heavy line.
   (3) The disclosure specified in paragraph (1) shall be recited at
the beginning of every oral solicitation and every broadcast
advertisement and shall be delivered in printed form as prescribed by
paragraph (2) before the time each person who responds to the oral
solicitation or broadcast advertisement is obligated to pay for the
service.
   (c) No offeror of a homeowners' exemption filing service shall
charge, demand, or collect any money until after the homeowners'
exemption is filed with the county assessor.  The total amount
charged, demanded, or collected by an offeror of a homeowners'
exemption filing service shall not exceed twenty-five dollars ($25).
   (d) For the purposes of this section, the following definitions
apply:
   (1) "Homeowners' exemption filing service" means any service
performed or offered to be performed for compensation in connection
with the preparation or completion of a homeowners' exemption claim
or in connection with the assistance in any manner of another person
to prepare or complete a homeowners' exemption claim.
   (2) "Homeowners' exemption" has the meaning described in Section
218 of the Revenue and Taxation Code.
17537.9.  (a) It is unlawful for any person to make any untrue or
misleading statements in any manner in connection with the offering
or performance of an assessment appeal application filing service.
For the purpose of this section, an "untrue or misleading statement"
includes, but is not limited to, any representation that any of the
following is true:
   (1) The preparation of an assessment appeal application will
result in a guaranteed reduction of property taxes of a stated
amount.
   (2) A fee is required in order for the county to process a
reduction of a property's value.
   (3) The offeror of the assessment appeal application filing
service will be physically present to represent the person to whom a
solicitation is made before an assessment appeals board, county board
of equalization, or assessment hearing officer, unless the fee
includes this service.
   (4) The offeror of the assessment appeal application filing
service will prepare or complete the application in full, with the
exception of the property owner's signature, on behalf of the person
to whom a solicitation is made, unless the fee includes this service.
   (5) The offeror of the assessment appeal application filing
service has a file or record covering a person to whom a solicitation
is made.
   (6) The offeror of the assessment appeal application filing
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 word "appeal" or "tax"
and the word "assessor," "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 DOCUMENT."
   (b) (1) It is unlawful to offer to perform an assessment appeal
filing service without making the following disclosure:  "THIS
ASSESSMENT APPEAL APPLICATION FILING SERVICE IS NOT ASSOCIATED WITH
ANY GOVERNMENT AGENCY.  IF YOU DISAGREE WITH THE ASSESSED VALUE OF
YOUR PROPERTY, YOU HAVE THE RIGHT TO AN INFORMAL ASSESSMENT REVIEW,
AT NO COST, BY CONTACTING THE ASSESSOR'S OFFICE DIRECTLY.  IF YOU AND
THE ASSESSOR CANNOT AGREE TO THE VALUE OF THE PROPERTY OR IF YOU DO
NOT WISH TO CONTACT THE ASSESSOR YOU CAN OBTAIN AND FILE AN
APPLICATION, AT NO COST, ON YOUR OWN BEHALF.  AN APPEALS BOARD HAS
THE AUTHORITY TO RAISE PROPERTY VALUES (BUT IN NO CASE HIGHER THAN
THE PROPOSITION 13 PROTECTED VALUE) AS WELL AS TO LOWER PROPERTY
VALUES."
   (2) The disclosures specified in paragraph (1) shall be placed at
the top of each page of every advertisement or promotional material
disseminated by an offeror of an assessment appeal application filing
service and shall be printed in 12-point boldface type enclosed in a
box formed by a heavy line.
   (3) The disclosure specified in paragraph (1) shall be recited at
the beginning of every oral solicitation and every broadcast
advertisement and shall be delivered in printed form as prescribed by
paragraph (2) before the time each person who responds to the oral
solicitation or broadcast advertisement is obligated to pay for the
service.
   (c) No offeror of an assessment appeal application filing service
shall charge, demand, or collect any money until after the assessment
appeal application is filed with the clerk of the assessment appeals
board.
   (d) For the purposes of this section, the following definitions
apply:
   (1) "Assessment appeal application filing service" means any
service performed or offered to be performed for compensation in
connection with the preparation or completion of an application for
reduction in assessment of residential property or in connection with
the assistance in any manner of another person to prepare or
complete an application for reduction in assessment of residential
property.  "Assessment appeal application filing service" does not
include any service performed by a person who actively advocates, in
person or by written and oral communications, on the behalf of the
person to whom a solicitation is made before the assessment appeals
board or the assessor's office.  "Actively advocate" does not include
the act of providing the person to whom a solicitation is made with
a list of comparable sales of residential property.
   (2) "Assessment appeal application" has the meaning described in
Section 1603 of the Revenue and Taxation Code.
17537.11.  (a) It is unlawful for any person to offer a coupon that
is in any manner untrue or misleading.
   (b) It is unlawful for any person to offer a coupon described as
"free" or as a "gift," "prize," or other similar term if (1) the
recipient of the coupon is required to pay money or buy any goods or
services to obtain or use the coupon, and (2) the person offering the
coupon or anyone honoring the coupon made the majority of his or her
sales in the preceding year in connection with one or more "free,"
"gift," "prize," or similarly described coupons.
   (c) For purposes of this section:
   (1) "Coupon" includes any coupon, certificate, document, discount,
or similar matter that purports to entitle the user of the coupon to
obtain goods or services for free or for a special or reduced price.
   (2) "Sale" includes lease or rent.
17538.  (a) It is unlawful in the sale or lease or offering for sale
or lease of goods or services, for any person conducting sales or
leases by telephone, the Internet or other electronic means of
communication, mail order, or catalog in this state, including, but
not limited to, the offering for sale or lease on television, radio,
or the Internet, or by any other electronic means of communication or
telecommunications device, of goods or services that may be ordered
by mail, telephone, the Internet, or other electronic means of
communication or telecommunications device, or for any person
advertising in connection with those sales, leases, or advertisements
a mailing address, telephone number, or Internet or other electronic
address, to accept payment from or for a buyer, for the purchase or
lease of goods or services ordered by mail, telephone, the Internet,
or other electronic means of communication or telecommunications
device, whether payment to the vendor is made directly, through the
mail, by means of a transfer of funds from an account of the buyer or
any other person, or by any other means, and then permit 30 days,
unless otherwise conspicuously stated in the offering or
advertisement, or unless a shorter time is clearly communicated by
the person conducting the sale or lease, to elapse without doing any
one of the following things:
   (1) Shipping, mailing, or providing the goods or services ordered.
   (2) Mailing a full refund or, if payment was made by means of a
transfer from an account, (A) crediting the account in the full
amount of the debit, or (B) if a third party is the creditor, issuing
a credit memorandum to the third party, who shall promptly credit
the account in the full amount of the debit.
   (3) Sending the buyer a letter or other written notice (A)
advising the buyer of the duration of an expected delay expressed as
a specific number of days or weeks, or proposing the substitution of
goods or services of equivalent or superior quality, and (B) offering
to make a full refund, in accordance with paragraph (2), within one
week if the buyer so requests.  The vendor shall provide to the buyer
in that letter or written notice a toll-free telephone number or
other cost-free method to communicate the buyer's request for a full
refund.  If the vendor proposes to substitute goods or services, the
vendor shall describe the substitute goods or services in detail,
indicating fully how the substitute differs from the goods or
services ordered.
   (4) (A) Shipping, mailing, or providing substitute goods or
services of equivalent or superior quality, if the buyer is extended
the opportunity to return the substitute goods or services and the
vendor promises to refund to the buyer (i) the cost of returning the
substitute goods or services and (ii) any portion of the purchase
price previously paid by the buyer.
   (B) Except as provided in subparagraph (C), a notice to the buyer
shall accompany the mailing, shipping, or providing of the substitute
goods or services that informs the buyer of the substitution;
describes fully how the substitute differs from the goods or services
ordered, except that obvious nontechnical differences, such as
color, need not be described; and discloses the buyer's right to
reject the substitute goods or services and obtain a full refund of
the amount paid, plus the cost of returning the substitute goods or
services.
   (C) The vendor may omit from the notice required by subparagraph
(B) a description of how the substitute goods or services differ from
the ordered goods or services if the notice otherwise complies with
subparagraph (B), and if all the following requirements are complied
with:
   (i) The vendor maintains at least 100 retail outlets located in at
least 20 counties in this state that are open to the public
regularly during normal business hours where buyers can order catalog
goods, pick them up, and return them for refunds.
   (ii) The vendor maintains a toll-free telephone number and
provides to each buyer, at the time of the buyer's call, a full
description of how substitute goods or services differ from ordered
goods or services.  The toll-free telephone number shall operate and
be staffed at all times during which goods or services normally are
available for pick up from the vendor's retail outlets.
   (iii) If the buyer picks up substitute goods or services from the
vendor's retail outlet, the notice required by subparagraph (B) as
modified by this subparagraph is placed on, or attached to, the
exterior of the package or wrapping containing the substitute, or is
handed to the buyer at the time the buyer picks up the substitute.
   (iv) The notice contains a reference number or some other means of
identifying the ordered goods or services and the substitute goods
or services.
   (v) The notice contains the vendor's toll-free telephone number
and instructions to the buyer that the buyer may call that number to
obtain a full description of how the substitute differs from the
ordered goods.
   (b) For purposes of paragraphs (3) and (4) of subdivision (a),
goods or services shall be considered of "equivalent or superior
quality" only if they are (1) substantially similar to the goods or
services ordered, (2) fit for the usual purposes for which the goods
or services ordered are used, and (3) normally offered by the vendor
at a price equal to or greater than the price of the goods or
services ordered.
   (c) When a buyer makes an initial application for an open-end
credit plan, as defined in the Federal Consumer Credit Protection Act
(15 U.S.C. Sec.  1602), at the same time the goods or services are
ordered, and the goods or services are to be purchased on credit, the
person conducting the business shall have 50 days, rather than 30
days, to perform the actions specified in this section.
   (d) A vendor conducting business through the Internet or any other
electronic means of communication shall do all of the following when
the transaction involves a buyer located in this state:
   (1) Before accepting any payment or processing any debit or credit
charge or funds transfer, the vendor shall disclose to the buyer in
writing or by electronic means of communication, such as e-mail or an
on-screen notice, the vendor's return and refund policy, the legal
name under which the business is conducted and, except as provided in
paragraph (3), the complete street address from which the business
is actually conducted.
   (2) If the disclosure of the vendor's legal name and address
information required by this subdivision is made by on-screen notice,
all of the following shall apply:
   (A) The disclosure of the legal name and address information shall
appear on any of the following:  (i) the first screen displayed when
the vendor's electronic site is accessed, (ii) on the screen on
which goods or services are first offered, (iii) on the screen on
which a buyer may place the order for goods or services, (iv) on the
screen on which the buyer may enter payment information, such as a
credit card account number, or (v) for nonbrowser-based technologies,
in a manner that gives the user a reasonable opportunity to review
that information.  The communication of that disclosure shall not be
structured to be smaller or less legible than the text of the offer
of the goods or services.
   (B) The disclosure of the legal name and address information shall
be accompanied by an adjacent statement describing how the buyer may
receive the information at the buyer's e-mail address.  The vendor
shall provide the disclosure information to the buyer at the buyer's
e-mail address within five days of receiving the buyer's request.
   (C) Until the vendor complies with subdivision (a) in connection
with all buyers of the vendor's goods or services, the vendor shall
make available to a buyer and any person or entity who may enforce
this section pursuant to Section 17535 on-screen access to the
information required to be disclosed under this subdivision.
   (3) The complete street address need not be disclosed as required
by paragraph (1) if the vendor utilizes a private mailbox receiving
service and all of the following conditions are met:  (A) the vendor
satisfies the conditions described in paragraph (2) of subdivision
(b) of Section 17538.5, (B) the vendor discloses the actual street
address of the private mailbox receiving service in the manner
prescribed by this subdivision for the disclosure of the vendor's
actual street address, and (C) the vendor and the private mailbox
receiving service comply with all of the requirements of subdivisions
(c) to (f), inclusive, of Section 17538.5.
   (e) If a buyer is permitted to return  goods or cancel a service
that he or she purchased or contracted for on or after January 1,
2003, the vendor shall, within  30 days of return of the goods in
refundable condition or cancellation of the service and of receipt of
sufficient information to enable the vendor to make the refund,
including confirmation that the buyer's payment for the purchase or
contract has been paid or cleared by the applicable financial
institution, process and send to the buyer any refund due to the
buyer as a result of the return or cancellation, or, if the buyer's
payment was made by means of a third-party creditor, the vendor shall
issue a credit memorandum to the third party, pursuant to 12 C.F.R.
226.12(e), within  seven business days and the third party shall
promptly credit  the account in the full amount of the refund.
   (f) As used in this section and Section 17538.3, the following
words have the following meanings:
   (1) "Goods" means tangible chattels, including certificates or
coupons exchangeable for those goods, and including goods which, at
the time of the sale or subsequently, are to be so affixed to real
property as to become a part of that real property, whether or not
severable therefrom.
   (2) "Person" means an individual, partnership, corporation,
association, or other group, however organized.
   (3) "Buyer" means a person who seeks or acquires, by purchase or
lease, any goods or services for any purpose.
   (4) "Services" means work, labor, and services, including services
furnished in connection with the sale or repair of goods.
   (5) "Vendor" means a person who, as described in subdivision (a),
vends, sells, leases, supplies, or ships goods or services, who
conducts sales or leases of goods or services, or who offers goods or
services for sale or lease.  "Vendor" does not include a person
responding to an electronic agent in connection with providing goods
or services to a buyer if the aggregate amount of all transactions
with the buyer does not exceed ten dollars ($10).
   (6) "Internet" means the global information system that is
logically linked together by a globally unique address space based on
the Internet Protocol (IP), or its subsequent extensions, and that
is able to support communications using the Transmission Control
Protocol/Internet Protocol (TCP/IP) suite, or its subsequent
extensions, or other IP-compatible protocols, and that provides,
uses, or makes accessible, either publicly or privately, high level
services layered on the communications and related infrastructure
described in this paragraph.
   (7) "Electronic agent" means a computer program designed,
selected, or programmed to initiate or respond to electronic messages
or performances without review by an individual.
   (g) Any violation of the provisions of this section is a
misdemeanor punishable by imprisonment in the county jail not
exceeding six months, by a fine not exceeding one thousand dollars
($1,000), or by both that imprisonment and fine.
17538.3.  The provisions of Section 17538 do not apply to any of the
following, except that subdivisions (d) and (e) of Section 17538
shall apply to subdivisions (a), (b), (c), and (d) of this section:
   (a) To instances in which all advertising for goods or services
contains a notice as to each item or service offered, which, in the
case of printed advertising, shall be in a type size at least as
large as that indicating the price, that a delay may be expected of a
specified period.  In those cases, one of the events described in
Section 17538 must occur no later than the expiration of the period
specified in the advertisement.
   (b) To goods or services, such as quarterly magazines, which by
their nature are not ready for use or consumption until a future date
and for that reason cannot be stocked at the time of order.
   (c) To installments other than the first of goods, such as
magazine subscriptions, ordered for serial delivery.
   (d) To any telecommunications goods and services sold by a
telecommunications company, except those telecommunications goods and
services purchased for use primarily for personal, family, or
household purposes.
   (e) To financial services offered in the ordinary course of
business by a supervised bank, national banking association, bank
holding company, a state or federal savings and loan association, a
state or federal credit union, or a subsidiary or affiliate thereof,
or an authorized industrial loan company, a licensed personal
property broker, a licensed consumer finance lender, a licensed
commercial finance lender, or a person licensed pursuant to Division
4 (commencing with Section 10000).
   (f) To any delay in delivery of goods or services caused by the
United States Postal Service, an act of God, or a labor strike by the
vendor's employees.
17538.35.  (a) Unless otherwise permitted by law or contract, any
provider of electronic mail service shall provide each customer with
notice at least 30 days before permanently terminating the customer's
electronic mail address.
   (b) No contract for electronic mail service may permit termination
of service without cause with less than a 30-day notice.  For
purposes of this subdivision, "termination of service without cause"
means termination of service at the unfettered discretion of the
service provider without regard to any conduct of the customer that
violates the service provider's terms of service or acceptable use
policy.
   (c) For purposes of this section, "provider" shall mean the entity
that controls the customer's electronic mail address, and not the
entity making the underlying network or access available to the
provider or the customer.
   (d) No provider shall be liable under this section solely for a
failure to comply with this section in the event a customer's
electronic mail address is permanently terminated due to the action
or inaction of an entity making the underlying network or access
available to the provider or the customer.
   (e) This section supersedes and preempts all rules, regulations,
codes, statutes, or ordinances of all cities, counties, cities and
counties, municipalities, and other local agencies regarding notice
of electronic mail termination by providers of electronic mail
service.
   (f) This section shall become inoperative on the date that a
federal law or regulation is enacted that regulates notice
requirements in the event of termination of electronic mail service.
17538.41.  (a) (1) Except as provided in subdivision (b), (c), (d),
or (e), no person, entity conducting business, candidate, or
political committee in this state shall transmit, or cause to be
transmitted, a text message advertisement to a mobile telephony
services handset, pager, or two-way messaging device that is equipped
with short message capability or any similar capability allowing the
transmission of text messages. A text message advertisement is a
message, the principal purpose of which is to promote the sale of
goods or services, or to promote a political purpose or objective, to
the recipient, and consisting of advertising material for the lease,
sale, rental, gift offer, or other disposition of any realty, goods,
services, or extension of credit, or advertising material for
political purposes.
   (2) This section shall apply when a text message advertisement is
transmitted to a number assigned for mobile telephony service, pager
service, or two-way messaging service to a California resident.
   (b) This section shall not apply to text messages transmitted at
the direction of a person or entity offering mobile telephony
service, pager service, or two-way messaging service if the
subscriber is offered an option to not receive those text messages.
   (c) This section shall not apply to text messages transmitted by a
business, candidate, or political committee that has an existing
relationship with the subscriber if the subscriber is offered an
option not to receive text messages from that business, candidate, or
political committee.
   (d) This section shall not apply to text messages transmitted by
an affiliate of a business that has an existing relationship with the
subscriber, but only if the subscriber has provided consent to the
business with which he or she has that relationship to receive text
messages from affiliates of that business. "Affiliate" means any
company that controls, is controlled by, or is under common control
with, another company.
   (e) This section shall not apply to electronic mail messages that
are forwarded, without the knowledge of the sender, to a mobile
telephony services handset, pager, or two-way messaging device.
   (f) Subdivision (a) shall not impose an obligation on a person or
entity offering mobile telephony service, pager service, or two-way
messaging service to control the transmission of a text message
unless the message is transmitted at the direction of that person or
entity.
   (g) For purposes of this section, "mobile telephony service" means
commercially available interconnected mobile phone services that
provide access to the public switched telephone network (PSTN) via
mobile communication devices employing radiowave technology to
transmit calls, including cellular radiotelephone, broadband Personal
Communications Services (PCS), and digital Specialized Mobile Radio
(SMR).
17538.43.  (a) As used in this section, the following terms have the
following meanings:
   (1) "Telephone facsimile machine" means equipment that has the
capacity to do either or both of the following:
   (A) Transcribe text or images, or both, from paper into an
electronic signal and to transmit that signal over a regular
telephone line.
   (B) Transcribe text or images, or both, from an electronic signal
received over a regular telephone line onto paper.
   (2) "Unsolicited advertisement" means any material advertising the
commercial availability or quality of any property, goods, or
services that is transmitted to any person or entity without that
person's or entity's prior express invitation or permission. Prior
express invitation or permission may be obtained for a specific or
unlimited number of advertisements and may be obtained for a specific
or unlimited period of time.
   (b) (1) It is unlawful for a person or entity, if either the
person or entity or the recipient is located within California, to
use any telephone facsimile machine, computer, or other device to
send, or cause another person or entity to use such a device to send,
an unsolicited advertisement to a telephone facsimile machine.
   (2) In addition to any other remedy provided by law, including a
remedy provided by the Telephone Consumer Act (47 U.S.C. Sec. 227 and
following), a person or entity may bring an action for a violation
of this subdivision seeking the following relief:
   (A) Injunctive relief against further violations.
   (B) Actual damages or statutory damages of five hundred dollars
($500) per violation, whichever amount is greater.
   (C) Both injunctive relief and damages as set forth in
subparagraphs (A) and (B).
   If the court finds that the defendant willfully or knowingly
violated this subdivision, the court may, in its discretion, increase
the amount of the award to an amount equal to not more than three
times the amount otherwise available under subparagraph (B).
   (c) It is unlawful for a person or entity, if either the person or
entity or the recipient is located in California, to do either of
the following:
   (1) Initiate any communication using a telephone facsimile machine
that does not clearly mark, in a margin at the top or bottom of each
transmitted page or on the first page of each transmission, the date
and time sent, an identification of the business, other entity, or
individual sending the message, and the telephone number of the
sending machine or of the business, other entity, or individual.
   (2) Use a computer or other electronic device to send any message
via a telephone facsimile machine unless it is clearly marked, in a
margin at the top or bottom of each transmitted page of the message
or on the first page of the transmission, the date and time it is
sent and the identification of the business, other entity, or
individual sending the message and the telephone number of the
sending machine or of the business, other entity, or individual.
   (d) This section shall not apply to a facsimile sent by or on
behalf of a professional or trade association that is a tax-exempt
nonprofit organization and in furtherance of the association's
tax-exempt purpose to a member of the association, provided that all
of the following conditions are met:
   (1) The member voluntarily provided the association the facsimile
number to which the facsimile was sent.
   (2) The facsimile is not primarily for the purpose of advertising
the commercial availability or quality of any property, goods, or
services of one or more third parties.
   (3) The member who is sent the facsimile has not requested that
the association stop sending facsimiles for the purpose of
advertising the commercial availability or quality of any property,
goods, or services of one or more third parties.
17538.45.  (a) For purposes of this section, the following words
have the following meanings:
   (1) "Electronic mail advertisement" means any electronic mail
message, the principal purpose of which is to promote, directly or
indirectly, the sale or other distribution of goods or services to
the recipient.
   (2) "Unsolicited electronic mail advertisement" means any
electronic mail advertisement that meets both of the following
requirements:
   (A) It is addressed to a recipient with whom the initiator does
not have an existing business or personal relationship.
   (B) It is not sent at the request of or with the express consent
of the recipient.
   (3) "Electronic mail service provider" means any business or
organization qualified to do business in California that provides
registered users the ability to send or receive electronic mail
through equipment located in this state and that is an intermediary
in sending or receiving electronic mail.
   (4) "Initiation" of an unsolicited electronic mail advertisement
refers to the action by the initial sender of the electronic mail
advertisement.  It does not refer to the actions of any intervening
electronic mail service provider that may handle or retransmit the
electronic message.
   (5) "Registered user" means any individual, corporation, or other
entity that maintains an electronic mail address with an electronic
mail service provider.
   (b) No registered user of an electronic mail service provider
shall use or cause to be used that electronic mail service provider's
equipment located in this state in violation of that electronic mail
service provider's policy prohibiting or restricting the use of its
service or equipment for the initiation of unsolicited electronic
mail advertisements.
   (c) No individual, corporation, or other entity shall use or cause
to be used, by initiating an unsolicited electronic mail
advertisement, an electronic mail service provider's equipment
located in this state in violation of that electronic mail service
provider's policy prohibiting or restricting the use of its equipment
to deliver unsolicited electronic mail advertisements to its
registered users.
   (d) An electronic mail service provider shall not be required to
create a policy prohibiting or restricting the use of its equipment
for the initiation or delivery of unsolicited electronic mail
advertisements.
   (e) Nothing in this section shall be construed to limit or
restrict the rights of an electronic mail service provider under
Section 230(c)(1) of Title 47 of the United States Code, any decision
of an electronic mail service provider to permit or to restrict
access to or use of its system, or any exercise of its editorial
function.
   (f) (1) In addition to any other action available under law, any
electronic mail service provider whose policy on unsolicited
electronic mail advertisements is violated as provided in this
section may bring a civil action to recover the actual monetary loss
suffered by that provider by reason of that violation, or liquidated
damages of fifty dollars ($50) for each electronic mail message
initiated or delivered in violation of this section, up to a maximum
of twenty-five thousand dollars ($25,000) per day, whichever amount
is greater.
   (2) In any action brought pursuant to paragraph (1), the court may
award reasonable attorney's fees to a prevailing party.
   (3) (A) In any action brought pursuant to paragraph (1), the
electronic mail service provider shall be required to establish as an
element of its cause of action that prior to the alleged violation,
the defendant had actual notice of both of the following:
   (i) The electronic mail service provider's policy on unsolicited
electronic mail advertising.
   (ii) The fact that the defendant's unsolicited electronic mail
advertisements would use or cause to be used the electronic mail
service provider's equipment located in this state.
   (B) In this regard, the Legislature finds that with rapid advances
in Internet technology, and electronic mail technology in
particular, Internet service providers are already experimenting with
embedding policy statements directly into the software running on
the computers used to provide electronic mail services in a manner
that displays the policy statements every time an electronic mail
delivery is requested.  While the state of the technology does not
support this finding at present, the Legislature believes that, in a
given case at some future date, a showing that notice was supplied
via electronic means between the sending and receiving computers
could be held to constitute actual notice to the sender for purposes
of this paragraph.
   (4) (A) An electronic mail service provider who has brought an
action against a party for a violation under Section 17529.8 shall
not bring an action against that party under this section for the
same unsolicited commercial electronic mail advertisement.
   (B) An electronic mail service provider who has brought an action
against a party for a violation of this section shall not bring an
action against that party under Section 17529.8 for the same
unsolicited commercial electronic mail advertisement.
17538.5.  (a) It is unlawful in the sale or offering for sale of
consumer goods or services for any person conducting, any business in
this state which utilizes a post office box address, a private
mailbox receiving service, or a street address representing a site
used for the receipt or delivery of mail or as a telephone answering
service, to fail to disclose the legal name under which business is
done and, except as provided in paragraph (2) of subdivision (b), the
complete street address from which business is actually conducted in
all advertising and promotional materials, including order blanks
and forms.  Any violation of the provisions of this section is a
misdemeanor punishable by imprisonment in the county jail not
exceeding six months, or by a fine not exceeding two thousand five
hundred dollars ($2,500), or by both.
   (b) (1) This section shall not apply to a person who sells the
preponderance of goods and services at retail from trade premises
which are open to the public regularly during normal business hours
where the post office box or telephone answering service is
supportive of and ancillary to the sales made or to any person who
provides services pursuant to a license issued pursuant to this code
or any other provision of law by a state board or agency or, except
for a person conducting a mail order or catalog business, by a city
or county or city and county in this state, which has the person's
current business street address or home address on record and which
is authorized to reveal that address to inquiring persons.
   (2) If a person conducts a business described in subdivision (a)
from that person's residence, the person is not required to disclose
the residence address if both of the following conditions are
satisfied:
   (A) The person's current business street address or home address
is contained in a United States Postal Service (USPS) Form 1583 that
is filed with the USPS.
   (B) The person has signed an acknowledgement form substantially in
accordance with the provisions set forth in subdivision (f) which,
among other things, authorizes the commercial mail receiving agency
to act as that person's agent for service of process.
   (c) A commercial mail receiving agency (CMRA) shall not provide
private mailbox receiving service to any customer until it obtains
from that customer at least two pieces of identification regarding
that customer and provides to that customer an acknowledgment, as set
forth in subdivision (f), which (1) acknowledges the obligation to
advise the CMRA of any change in address, (2) authorizes the CMRA to
act as an agent for service of process, and (3) acknowledges the
requirements of Sections 17200 and 17500, which prohibit unfair
competition and false advertising.  The commercial mail receiving
agency shall thereafter maintain a copy of any United States Postal
Service Form 1583 for each mailbox service customer, along with a
copy of each of the two pieces of identification used by the
customer, for a period of two years after the termination of service
to that customer.  Upon the request of  the Department of Consumer
Affairs or any law enforcement agency conducting an investigation,
the commercial mail receiving agency shall make available to the
Department of Consumer Affairs or that law enforcement agency, for
purposes of that investigation and copying, its copy of the United
States Postal Service Form 1583 and the two pieces of identification
used by the customer.
   (d) (1) Every person receiving private mailbox receiving service
from a CMRA in this state shall be required to sign an agreement,
along with a USPS Form 1583, which authorizes the CMRA owner or
operator to act as agent for service of process for the mail
receiving service customer.  Every CMRA owner or operator shall be
required to accept service of process for and on behalf of any of
their mail receiving service customers, and for two years after
termination of any mail receiving service customer agreement.  Upon
receipt of any process for any mailbox service customer, the CMRA
owner or operator shall (A) within 48 hours after receipt of any
process, place a copy of the documents or a notice that the documents
were received into the customer's mailbox or other place where the
customer usually receives his or her mail, unless the mail receiving
service for the customer was previously terminated, and (B) within
five days after receipt, send all documents by first-class mail, to
the last known home or personal address of the mail receiving service
customer.  The CMRA shall obtain a certificate of mailing in
connection with the mailing of the documents.  Service of process
upon the mail receiving service customer shall then be deemed
perfected 10 days after the date of mailing.
   If the CMRA owner or operator has complied with the foregoing
requirements and provides to any party participating in a lawsuit
involving a mail receiving service customer a declaration of service
by mail, given under penalty of perjury along with a certificate of
mailing, the CMRA owner or operator shall have no further liability
in connection with acting as agent for service of process for its
mail receiving service customer.
   (2) Upon complaint or inquiry concerning any CMRA mail receiving
service customer, the CMRA owner or operator shall inform the person
making the complaint or inquiry that the CMRA is an authorized agent
for service of process on the mail receiving service customer.
   (3) Upon presentation of a certified copy of a judgment, the CMRA
shall disclose to the judgment creditor the last known address of any
of its mail receiving service customers against whom the judgment
was obtained.
   (e) An owner or operator of a CMRA who, acting in good faith,
contacts a governmental agency concerning suspected illegal or
fraudulent activities carried out by a mail receiving service
customer shall have no liability for claims filed by the customer
arising out of that contact.  No owner or operator of a commercial
mail receiving agency that maintains on file a copy of the United
States Postal Service Form 1583 for its private mailbox receiving
service customers and complies with subdivision (c) shall be liable
for any illegal acts of any mail receiving service customer based
only on the fact that the owner or operator of the CMRA provided mail
receiving services to the customer.
   (f) The following acknowledgement and notice, substantially in the
form set forth below, shall be delivered to each person obtaining
private mailbox receiving service at a CMRA:
      "ACKNOWLEDGEMENT BY PRIVATE MAILBOX SERVICE CUSTOMERS
   This acknowledgement is required by Section 17538.5 of the
Business and Professions Code.
   Any person obtaining private mailbox receiving service in the
State of California must read and acknowledge receipt of the
following statement, which is to be kept on file at this CMRA and
will be made available, upon demand, to the Department of Consumer
Affairs or any law enforcement agency conducting an investigation.
   By requesting and obtaining use of a private mailbox receiving
service in the State of California, I acknowledge that:
   1. I am obligated to disclose my actual home address or place of
residence on a USPS Form 1583 or other form as may later be developed
and I further agree that I will provide prompt written notice to
this CMRA of any subsequent change in my home address or place of
residence.
   2. By signing below, I irrevocably authorize this CMRA to act as
my agent for service of process to receive any legal documents that
may be served upon me.  This authorization shall continue from the
date of this agreement until two years after my mail receiving
service has been terminated.  I understand that this CMRA will (A)
place a copy of the documents or a notice that the documents were
received into my mailbox or other place where I usually receive my
mail, unless my mail receiving service has been terminated, and (B)
send all documents by first-class mail to the home or other address
last known to the CMRA.
   3. I further acknowledge that I understand that use of a private
mailbox receiving service for commercial purposes in the State of
California requires the user to comply with all applicable laws,
including Section 17538.5 of the Business and Professions Code and
laws prohibiting unfair competition and false advertising as set
forth in Sections 17200 and 17500 of the Business and Professions
Code.  Violation of these laws may result in criminal or civil
penalties or both.  I understand that the United States Postal
Service Form 1583 that must be prepared for each private mailbox
receiving service customer shall be delivered to the local United
States Post Office and a copy of the form must be retained by this
CMRA and made available upon demand to the Department of Consumer
Affairs or any law enforcement agency conducting an investigation.  I
hereby agree to accept and abide by the foregoing requirements.
__________     _____________________________
Date           Signature
               _____________________________
               Name Printed
               _____________________________
               Street Address
               _____________________________
               City          State      Zip"
17538.6.  (a) It is unlawful for any person conducting business in
this state to require or request a consumer to issue a postdated
check unless (1) the person accepting the check advises the consumer
in writing that the check may be cashed immediately, notwithstanding
the postdating, unless the consumer files a postdating order with the
consumer's bank pursuant to Section 4401 of the Commercial Code, and
(2) either of the following occurs:
   (A) Receipt of the advice is acknowledged by the consumer in
writing.
   (B) The advice is clearly printed on an invoice for goods or
services that is provided to the consumer at the same time that the
check is solicited.
   (b) This section shall not apply to any person who requires or
requests a consumer to issue a postdated check if the recipient of
the check does not submit the check for collection or cause it to be
submitted for collection until on or after its date.
   (c) As used in this section:
   (1) "Bank" means any person engaged in the business of banking and
includes, in addition to a commercial bank, a savings and loan
association, savings bank, or credit union.
   (2) "Check" means a draft, other than a documentary draft, payable
on demand drawn on a bank, even though it is described by another
term, such as "share draft" or "negotiable order of withdrawal."
17538.7.  (a) It is unlawful for a seller to advertise any payment,
number of payments, or period of repayment for any goods, property,
or services purchased through an extension of consumer credit under
an open-end credit plan accepted for purchases by more than one
seller unless the seller clearly and conspicuously discloses all of
the following:
   (1) The cash price and the amount or percentage of a downpayment,
if any.
   (2) The monthly or other periodic payment, the number of payments
or the period of repayment, the total amount of all payments, and
whether the monthly or other periodic payment is calculated on the
assumption that the purchaser has no outstanding balance due under
the open-end credit plan, if that is the case.
   (3) The amount of the finance charge and any periodic rate that
may be applied expressed as an annual percentage rate as described
under subdivision (e).  If the open-end credit plan provides for a
variable periodic rate, that fact shall be disclosed.
   (4) Any minimum, fixed, transaction, activity, or similar charge
and any membership or participation fee that could be imposed.
   (5) The name of the creditor, if not the seller.
   (6) Whether the advertised terms are available to the purchaser
only after the creditor's approval, if that is the case.
   (b) (1) A catalog or other multiple-page advertisement that gives
information in a table or schedule in sufficient detail to permit
determination of the disclosures required by subdivision (a) shall be
considered a single advertisement if (A) the table or schedule is
clearly and conspicuously set forth, and (B) any statement of the
amount of any payment, the number of payments, or the period of
repayment appearing anywhere else in the catalog or advertisement
clearly refers to the page on which the table or schedule begins.
   (2) A catalog or multiple-page advertisement complies with
subdivision (a) if the table or schedule includes all appropriate
disclosures for a representative scale of amounts up to the level of
the more commonly sold higher-priced property or services offered.
   (c) It is unlawful for a seller to advertise any payment, number
of payments, or period of repayment for particular goods, property,
or services purchased through an extension of consumer credit under
any open-end credit plan unless the seller clearly and conspicuously
discloses the cash price proximate to the advertised payment, number
of payments, or period of repayment.
   (d) It is unlawful for a seller to advertise terms that actually
are not or will not be arranged or offered by the creditor.
   (e) (1) For the purposes of this title, the terms "person,"
"creditor," "consumer credit," "open-end credit," "cash price,"
"downpayment," "finance charge," "periodic rate," and "annual
percentage rate" have the same meaning as used in Regulation Z.
   (2) The term "Regulation Z" shall mean any rule, regulation, or
interpretation promulgated by the Board of Governors of the Federal
Reserve System under the Federal Truth in Lending Act, (Public Law
90-321, as amended), and any interpretation or approval issued by an
official or employee of the Federal Reserve System duly authorized by
the board under the Truth in Lending Act, to issue those
interpretations or approvals.
17538.8.  Any advertisement that offers free or discounted
transportation or certificates to obtain transportation and that
requires the consumer to purchase accommodations through or from a
particular source, or any advertisement that offers free or
discounted accommodations or certificates to obtain accommodations
and that requires the consumer to purchase transportation through or
from a particular source, shall set forth in close proximity to each
reference to free or discounted transportation or accommodations, in
a size and prominence no less than the largest print in the
reference, the total price that shall be paid by the consumer for the
combination of transportation and accommodations.  If the
advertisement is oral, the total price shall immediately precede or
follow each description of the free or discounted transportation or
accommodations.
17538.9.  (a)  For the purposes of this section:
   (1) "Company" refers to any entity providing prepaid calling
services to the public using its own or a resold telecommunications
network.
   (2) "Prepaid calling services" or "services" refers to any prepaid
telecommunications service that allows consumers to originate calls
through an access number and authorization code, whether manually or
electronically dialed.
   (3) "Prepaid calling card" or "card" means any object containing
an access number and authorization code that enables a consumer to
use prepaid calling services.  It does not include any object of that
type used for promotional purposes.
   (4) "Cellular telephone services" means facilities-based,
commercial mobile telephone services.
   (b) The following standards and requirements for consumer
disclosure and services shall apply to the advertising and sale of
prepaid calling cards and prepaid calling services:
   (1) Any advertisement of the price, rate, or unit value in
connection with the sale of prepaid calling cards or services shall
include a disclosure of any geographic limitation to the advertised
price, rate, or unit value, as well as a disclosure of any additional
surcharges, call setup charges, or fees or surcharges applicable to
the advertised price, rate, or unit value.
   (2) The following information shall be legibly printed on the
card:
   (A) The name of the company.
   (B) A toll-free customer service number.
   (C) A toll-free network access number, if required to access
service.
   (D) The authorization code, if required to access service.
   (E) The expiration date or policy, if applicable, except where
paragraph (8) applies.
   (3) The company shall print legibly on the card or packaging, and
the vendor shall make available clearly and conspicuously in a
prominent area immediately proximate to the point of sale of the
prepaid calling card or prepaid calling services the following
information:
   (A) The value of the card and any surcharges, taxes, or fees,
including monthly or other periodic fees, maintenance fees, per-call
access fees, surcharges for calls made on pay telephones, or
surcharges for the first minute or other period of use that may be
applicable to the use of the prepaid calling card or prepaid calling
services within the United States.
   (B) Any surcharges for international calls or, in lieu of
disclosing each surcharge, the highest surcharge for any
international calls applicable on that card and any additional or
different prices, rates, or unit values applicable to international
usage of the prepaid calling card or prepaid calling services.
   (C) The minimum charge per call, such as a three-minute minimum
charge, if any.
   (D) The definition of the term "unit," if applicable.
   (E) The billing decrement.
   (F) The name of the company.
   (G) The recharge policy, if any.
   (H) The refund policy, if any.
   (I) The expiration policy, if any.
   (J) The 24-hour customer service toll-free telephone number
required in paragraph (6).
   (4) If a language other than English is used on the card or
packaging to provide dialing instructions to place a call or to
contact customer service, the information required by paragraph (3)
shall also be disclosed in that language in the point of sale
disclosure in the manner described in paragraph (3).
   (5) If a language other than English is used in the advertising or
promotion of the card or prepaid calling services or is used on the
card or packaging other than for dialing instructions, the
information required by paragraph (3) shall also be disclosed in that
language on the card or packaging and in the point of sale
disclosure in the manner described in paragraph (3).
   (6) A company shall establish and maintain a toll-free customer
service telephone number  that shall meet the following requirements:
   (A) A live operator shall answer incoming calls to the telephone
number 24 hours a day, seven days a week.
   (B) The telephone number shall have sufficient capacity and
staffing to accommodate a reasonably anticipated number of calls
without incurring a busy signal or undue wait.  The company shall
provide customer service in each language used on a prepaid calling
card or its packaging and in the advertising or promotion of the
prepaid calling card or prepaid calling services.
   (C) The telephone number shall allow consumers to lodge complaints
and obtain information on all of the following:
   (i) All rates, surcharges, and fees.
   (ii) The company's recharge, refund, and expiration policies.
   (iii) The balance of use available in the consumer's account, if
applicable.
   (D) A company shall not impose a fee or surcharge related to
obtaining customer service, including any charge related to
connecting with the customer service number or waiting to speak to a
live operator.
   A company offering prepaid cellular telephone services shall be
deemed to be in compliance with the requirements of this paragraph
if, when a request for information is made outside of normal business
hours, that company provides the information requested on the next
business day.
   (7) A company that issues prepaid calling cards or prepaid calling
services shall provide a refund to any purchaser of a prepaid
calling card or prepaid calling services if the network services
associated with that card or services fail to operate in a
commercially reasonable manner.  The refund shall be in an amount not
less than the value remaining on the card or in the form of a
replacement card, and shall be provided to the consumer within 60
days from the date of receipt of notification from the consumer that
the card has failed to operate in a commercially reasonable manner.
   (8) Cards without a specific expiration date or policy printed on
the card, and with a balance of service remaining, shall be
considered active for a minimum of one year from the date of
purchase, or if recharged, from the date of the last recharge.
   (9) In the case of prepaid calling cards or services utilized at a
pay phone, the company may provide voice prompt notification of any
applicable pay phone surcharges, in lieu of providing notice of
surcharges as required by paragraph (1) and by subparagraph (A) of
paragraph (3), provided that the company provides users of prepaid
calling cards or services with reasonable time to terminate the call
after notification of applicable pay phone surcharges without
incurring any charge for the call.
   (10) A company shall maintain access numbers with sufficient
capacity to accommodate a reasonably anticipated number of calls
without incurring a busy signal or undue delay.
   (11) A company may not impose any fee or surcharge that is not
disclosed as required by this section or that exceeds the amount
disclosed by the company.
   (12) A company may not impose  any charges if the consumer is not
connected to the number called.  For the purpose of this paragraph,
the customer shall not be considered connected to the number called
if the customer receives a busy signal or the call is unanswered.
   (13) The value of the card and the amount of the various charges,
however denominated, that are required to be disclosed by paragraph
(3), shall be expressed in the same format.  If the value of a card
is expressed in minutes, the minutes shall be identified as domestic
or international and the identification shall be printed on the same
line or next line as the value of the card in minutes.
17539.  The Legislature finds that there is a compelling need for
more complete disclosure of rules and operation of contests in which
money or other valuable consideration may be solicited; that current
methods of disclosure are inadequate and create misunderstandings as
to the true requirements for participation and winning of prizes
offered; that certain problems which have arisen are peculiar to
contests; that the provisions of Sections 17539.1 through 17539.3 are
necessary to the public welfare and that the terms hereof shall be
interpreted so as to provide maximum disclosure to and fair treatment
of persons who may or do enter such contests.
17539.1.  (a) The following unfair acts or practices undertaken by,
or omissions of, any person in the operation of any contest are
prohibited:
   (1) Failing to clearly and conspicuously disclose, at the time of
the initial contest solicitation, at the time of each precontest
promotional solicitation and each time the payment of money is
required to become or to remain a contestant, the total number of
contestants anticipated based on prior experience and the percentages
of contestants correctly solving each puzzle used in the three most
recently completed contests conducted by the person.  If the person
has not operated or promoted three contests he shall disclose for
each prior contest if any, the information required by this section.
   (2) Failing to promptly send to each member of the public upon his
request, the actual number and percentage of contestants correctly
solving each puzzle or game in the contest most recently completed.
   (3) Misrepresenting in any manner the odds of winning any prize.
   (4) Misrepresenting in any manner, the rules, terms, or conditions
of participation in a contest.
   (5) Failing to clearly and conspicuously disclose with all contest
puzzles and games and with all promotional puzzles and games all of
the following:
   (A) The maximum number of puzzles or games which may be necessary
to complete the contest and determine winners.
   (B) The maximum amount of money, including the maximum cost of any
postage and handling fees, which a participant may be asked to pay
to win each of the contest prizes then offered.
   (C) That future puzzles or games, if any, or tie breakers, if any,
will be significantly more difficult than the initial puzzle.
   (D) The date or dates on or before which the contest will
terminate and upon which all prizes will be awarded.
   (E) The method of determining prizewinners if a tie remains after
the last tie breaker puzzle is completed.
   (F) All rules, regulations, terms, and conditions of the contest.
   (6) Failing to clearly and conspicuously disclose the exact nature
and approximate value of the prizes when offered.
   (7) Failing to award and distribute all prizes of the value and
type represented.
   (8) Representing directly or by implication that the number of
participants has been significantly limited, or that any particular
person has been selected to win a prize unless such is the fact.
   (9) Representing directly or by implication that any particular
person has won any money, prize, thing, or other value in a contest
unless there has been a real contest in which a meaningful
percentage, which shall be at least a majority, of the participants
in such contests have failed to win a prize, money, thing, or other
value.
   (10) Representing directly or by implication that any particular
person has won any money, prize, thing, or other value without
disclosing the exact nature and approximate value thereof.
   (11) Using the word "lucky" to describe any number, ticket,
coupon, symbol,  or other entry, or representing in any other manner
directly or by implication that any number, ticket, coupon, symbol,
or other entry confers or will confer an advantage upon the recipient
that other recipients will not have, that the recipient is more
likely to win a prize than are others, or that the number, ticket,
coupon, symbol or other entry has some value that other entries do
not have.
   (12) Failing to obtain the express written or oral consent of
individuals before their names are used for a promotional purpose in
connection with a mailing to a third person.
   (13) Using or distributing simulated checks, currency, or any
simulated item of value unless there is clearly and conspicuously
printed thereon the words:  SPECIMEN--NONNEGOTIABLE.
   (14) Representing, directly or by implication, orally or in
writing, that any tie breaker puzzle may be entered upon the payment
of money qualifying the contestant for an extra cash or any other
type prize or prizes unless:
   (A) It is clearly and conspicuously disclosed that the payments
are optional and that contestants are not required to pay money,
except for reasonable postage and handling fees, to play for an extra
cash or any other type of prize or prizes; and
   (B) Contestants are clearly and conspicuously given the
opportunity to indicate they wish to enter such phase of the contest
for free, except for reasonable postage and handling fees the amount
of which shall not exceed one dollar and fifty cents ($1.50) plus the
actual cost of postage and which shall be clearly and conspicuously
disclosed at the time of the initial contest solicitation and each
time thereafter that the payment of such fees is required.  The
contestants' opportunity to indicate they wish to enter for free
shall be in immediate conjunction with and in a like manner as the
contestants' opportunity to indicate they wish to play for an extra
prize.
   (b) This section does not apply to an advertising plan or program
that is regulated by, and complies with, the requirements of Section
17537.1.
17539.15.  (a) Solicitation materials containing sweepstakes entry
materials shall not represent, taking into account the context in
which the representation is made, including, without limitation,
emphasis, print, size, color, location, and presentation of the
representation and any qualifying language, that a person is a winner
or has already won a prize unless that person has in fact won a
prize.  If the representation is made on or visible through the
mailing envelope containing the sweepstakes materials, the context in
which the representation is to be considered, including any
qualifying language, shall be limited to what appears on, appears
from, or is visible through the mailing envelope.
   (b) Solicitation materials containing sweepstakes entry materials
shall include a prominent statement of the no-purchase-necessary
message, in readily understandable terms, in the official rules
included in those solicitation materials and, if the official rules
do not appear thereon, on the entry-order device included in those
solicitation materials.  The no-purchase-necessary message included
in the official rules shall be set out in a separate paragraph in the
official rules and be printed in capital letters in contrasting
typeface not smaller than the largest typeface used in the text of
the official rules.
   (c) Sweepstakes entries not accompanied by an order for products
or services shall not be subjected to any disability or disadvantage
in the winner selection process to which an entry accompanied by an
order for products or services would not be subject.
   (d) Sweepstakes materials containing sweepstakes entry materials
shall not represent that an entry in the promotional sweepstakes
accompanied by an order for products or services will be eligible to
receive additional prizes or be more likely to win than an entry not
accompanied by an order for products or services or that an entry not
accompanied by an order for products or services will have a reduced
chance of winning a prize in the promotional sweepstakes.
   (e) For purposes of this section:
   (1) "No-purchase-necessary message" means a statement to the
effect that no purchase is necessary as a condition of entering the
promotional sweepstakes.
   (2) "Official rules" means the formal printed statement, however
designated, of the rules for the promotional sweepstakes appearing in
the solicitation materials.  The official rules shall be prominently
identified and all references thereto in any solicitation materials
shall consistently use the designation for the official rules that
appears in those materials.  Each sweepstakes solicitation shall
contain a copy of the official rules.
17539.2.  Every person who conducts any contest shall:
   (a) Clearly and conspicuously disclose on each entry blank the
deadline for submission of that entry.
   (b) Refund all money or other consideration to contestants
requesting such refund in writing within one year of payment and who
are unable to participate in any aspect of any contest through no
fault of the contestant.
   (c) At the conclusion of the contest send to all entrants upon
their request the names of all winners, the prize or prizes won by
each, the correct solution to each puzzle and the winning solutions
to each puzzle (if different from the correct solution).
   (d) Maintain for no less than two years after all prizes are
awarded all the following:
   (1) Copies of all contest solicitations and puzzles.
   (2) All puzzles and correspondence sent by a contestant or copies
or records disclosing details thereof and records of replies thereto.
   (3) Adequate records which disclose the names and addresses of all
contestants, the approximate date each contestant was sent each
puzzle or game, the number of prizes awarded, the method of selecting
winners, the names and addresses of the winners, and facts upon
which all representations or disclosures made in connection with the
contest are based and from which the validity of the representations
or disclosures can be determined.
17539.3.  (a) Sections 17539.1 and 17539.2 do not apply to a game
conducted to promote the sale of an employer's product or service by
his or her employees, when those employees are the sole eligible
participants.
   (b) As used in Sections 17539.1 and 17539.2 "person" includes
firm, corporation, or association, but does not include any
charitable trust, corporation or other organization exempted from
taxation under Section 23701d of the Revenue and Taxation Code or
Section 501(c) of the Internal Revenue Code of 1954.
   (c) Nothing in Sections 17539 to 17539.2, inclusive, shall be
construed to permit any contest or any series of contests or any act
or omission in connection therewith which is prohibited by any other
provision of law.
   (d) Nothing in Section 17539.1 or 17539.2 shall be construed to
hold any newspaper publisher or radio or television broadcaster
liable for publishing or broadcasting any advertisement relating to a
contest, unless that publisher or broadcaster is the person
conducting or holding that contest.
   (e) As used in Sections 17539 to 17539.2, inclusive, the term
contest includes any game, contest, puzzle, scheme or plan which
holds out or offers to prospective participants the opportunity to
receive or compete for gifts, prizes, or gratuities as determined by
skill or any combination of chance and skill and that is, or in whole
or in part may be, conditioned upon the payment of consideration;
   (f) Sections 17539 to 17539.2, inclusive, do not apply to (1) the
mailing or otherwise sending of an application for admission, or a
notification or token evidencing the right of admission to, or (2)
the operation of a contest, performance, sporting event or tournament
of skill, speed, or power or endurance between participants
physically present at that contest, performance, sporting event, or
tournament.
17539.35.  No person shall advertise, offer, or operate any contest,
as defined in subdivision (e) of Section 17539.3, in which any
prize, including any money, property, service, or other matter of
value, may be awarded or transferred if the opportunity to win that
prize is conditioned on a minimum number of entries or contest
participants.
17539.4.  No person shall place an advertisement disseminated
primarily in this state for a loan which utilizes real property as
collateral unless there is disclosed within the printed text of that
advertisement, or the oral text in the case of a radio or television
advertisement, the license under which the loan would be made or
arranged, the state regulatory entity supervising that type of loan
transaction or, in the case of unlicensed lending activity, a
statement that the loan is being made or arranged by an unlicensed
party who is not operating under the regulatory supervision of a
state agency.
   This section shall not apply to any bank or bank holding company,
or to any savings association or federal association as defined by
Section 5102 of the Financial Code, or to any industrial loan company
or credit union, or to any subsidiary or affiliate of these entities
if the subsidiary or affiliate is not separately licensed.
17539.5.  (a) For purposes of this section and Sections 17539.55 and
17539.6:
   (1) "Broadcast" means the utilization of radio, television, home
videos, movie screens, telephones, or other medium, including the
Internet, that does not automatically provide the prospective
consumer with a printed or written document he or she can read at
leisure.
   (2) "Caller" means a telephone user or end user who calls or may
call an information-access service or who receives a telephonic
solicitation that results in the recipient being connected to an
information-access service.
   (3) "Carrier" means any regional telephone operating company,
interexchange carrier, or local exchange telephone company that
provides telecommunications transmission services.
   (4) "Incentive" means any item or service of value, however
denominated, including, but not limited to, any prize, award, gift,
or money, or any coupon that can be used in whole or in part to
obtain a product or service.
   (5) "Information provider" means a person who advertises or sells
an information-access service and on whose behalf charges are billed.
   (6) "Information-access service" means any telecommunications
service that permits individuals to access a telephone number, and
for which the caller is assessed, by virtue of placing or completing
the call, a charge that is greater than, or in addition to, the
charge for the transmission of the call.  Information-access service
includes, but is not limited to, telephone numbers with the prefix
900 or 976.
   (7) "900 number" means any prefixed telephone number used for
information-access service and includes, but is not limited to,
telephone numbers with the prefix 900 or 976.
   (8) "Prize" means any item of value given to winners in a
sweepstakes who have been selected on the basis of lot or chance.
   (9) "Program" means the audio message that the caller hears or
receives upon placing or receiving a call and being connected to an
information-access service.
   (10) "Sell an information service" means to attempt to cause a
caller to act in a manner that causes that caller to be charged for
utilizing an information-access service.
   (11) "Solicitation" includes all forms of solicitation for
information-access services, including, but not limited to, mailings,
advertisements in newspapers and magazines, advertisements broadcast
by radio or television, advertisements contained in home videos or
appearing on movie screens, telephone solicitations, and
advertisements transmitted over the Internet.  "Solicitation" does
not include simple listings in telephone directories provided those
listings are not accompanied by any advertising text.
   (12) "Sweepstakes" means any procedure for the distribution of
anything of value by lot or by chance that is not unlawful under
other provisions of law including, but not limited to, the provisions
of Section 320 of the Penal Code.  Nothing contained in this section
shall be deemed to render lawful any activity that otherwise would
violate Section 320 of the Penal Code.
   (b) It is unlawful for any person to engage in any of the
following acts in order to encourage any caller to utilize an
information-access service:
   (1) Soliciting callers by use of an automatic dialing device or a
live or recorded outbound telephone message.
   (2) Utilizing signals or tones provided directly or indirectly by
the information provider to access the information-access service.
   (3) Requiring callers to call more than one 900 number or to
require calling the same 900 number more than one time in order to
receive goods or services represented in the initial solicitation.
   (4) Utilizing a telephone number other than a 900 number from
which a caller can be automatically connected to the
information-access service.
   (5) Soliciting callers to call a telephone number other than a 900
number, including, but not limited to, an 800 telephone number, when
the caller who calls that other number will be referred to a 900
number unless all solicitations for the initial information-access
program clearly and conspicuously disclose that a referral will be
made and the cost to the caller for calling the 900 number to which
the caller will be referred.
   (6) Soliciting callers to call a number other than a 900 number,
including, but not limited to, an 800 telephone number, when the
caller who calls that number will be asked to accept one or more
collect calls unless all solicitations clearly and conspicuously
disclose that the caller will be asked to accept one or more collect
calls and the cost to the caller for accepting the collect calls.
The cost shall be described as cost per minute and cost per hour.
   (7) Referring a caller from one 900 number to another 900 number
unless all solicitations for the initial information-access program
clearly and conspicuously disclose that a referral will be made and
the cost to the caller for calling the 900 number to which the caller
will be referred.
   (8) Advertising that the information-access service is free.
   (9) Using any printing style, graphic, layout, text, color, or
format which states or implies that the solicitation originates from,
or was issued by or on behalf of a governmental agency, a public
utility, a nonprofit organization, an insurance company, a credit
reporting agency, a collection company, or a law firm unless the same
is true.
   (c) It is unlawful for any person to solicit or sell an
information-access service unless the following information is
clearly and conspicuously disclosed in all solicitations:
   (1) An accurate description of the information-access service.
   (2) The name, address, and non-900 telephone number of the
information provider.
   (3) The cost of the call, which shall be disclosed as follows:
   (A) If the call is billed at a fixed rate, the total cost of the
call.
   (B) If the call is billed on a usage-sensitive basis, the cost per
minute or other unit of time, and including:
   (i) In broadcast solicitations, the average cost of the call.
   (ii) In print solicitations, the average cost or length of the
call, except that print solicitations directed to persons in this
state shall disclose the average cost of the call.
   (C) Solicitations in which the length of the program cannot
reasonably be determined because the length of the program depends
upon the skill of, or the selections or responses made by, the
caller, shall be exempt from the cost disclosure provisions of this
paragraph.
   (D) Solicitations that are oral shall include a voice announcement
of the cost of the call in clear and understandable language that is
clearly audible and articulated at a volume equal to that used to
announce the 900 number.  The cost of the call shall be stated
immediately prior to or immediately after the 900 number is stated.
   (E) Solicitations that are broadcast visually shall include, in
clear, visible, easily readable, and conspicuously presented letters
and numbers, set against a contrasting background, the cost of
calling the 900 number.  The visual disclosure of the cost of the
call shall be displayed directly above, below, or adjacent to the
number to be called whenever the number is displayed in the
commercial.  The visual disclosure of the cost of the call shall be a
distinct disclosure and shall not be combined in the same paragraph
with any other disclosure required to be made pursuant to this
section.  The lettering of the visual disclosure shall be no less
than 18 scan lines high and shall be displayed for as long as the
number is displayed.  Broadcast solicitations shall also include a
voice announcement of the cost of the call in clear and
understandable language that is clearly audible and articulated at a
volume equal to that used to announce the 900 number.  The cost of
the call shall be stated immediately prior to or after the 900 number
is stated.
   (F) Solicitations that appear in print shall include, in clear,
visible, easily readable, and conspicuously presented letters and
numbers, the cost of calling the 900 number.  The printed disclosure
of the cost of the call shall be displayed directly above, below, or
adjacent to the number.  The lettering of the cost disclosure shall
be in no less than 10-point type.
   (4) If the information-access service is aimed at or likely to be
of interest to minors, solicitations that appear in print shall
contain a statement, in at least the same size print as that used to
disclose the 900 number, that persons under the age of 18 years
should obtain parental consent before calling.  If the solicitation
is through a broadcast, this statement shall be of the same
audibility as that used to disclose the 900 number.
   (d) It shall be unlawful for any person to solicit or sell an
information-access service  in any manner related to a sweepstakes.
   (e) Solicitations made to persons in this state offering the
opportunity to participate in a sweepstakes shall, with respect to
each prize offered, set forth clearly, conspicuously, and in easily
readable letters the odds of receiving that prize, described in whole
Arabic numerals in a format such as:  "1 chance in 100,000" or
"1:100,000."  If the odds depend upon the number of entries and the
number of persons solicited is controlled by the sponsor of the
promotion, the solicitation shall set forth the reasonable
expectation of entries.  If the odds depend upon the number of
entries received and the number of persons solicited is not
controlled by the sponsor of the sweepstakes, a statement to the
effect that the odds depend on the number of entries received shall
be sufficient.  If more than one prize is offered, the odds shall be
separately stated for each prize.  The disclosure required to be made
pursuant to this subdivision shall be made immediately adjacent to
the first identification of the prize to which it relates or in a
separate section entitled "Consumer Disclosure" or "Official Rules."
These titles shall be printed in no less than 10-point boldface
type.  The consumer disclosure section shall be clearly and
conspicuously disclosed in the solicitation.  There shall be a
statement referring the recipient of the solicitation to the consumer
disclosure section in the main text of the solicitation in close
proximity to the description of the prizes, and the odds shall be
disclosed within the top 25 percent of the consumer disclosure
section.  If the consumer disclosure section does not appear on the
same page as the statement referring the recipient of the
solicitation to this section, the statement shall indicate where the
consumer disclosure section is located.  If the odds appear in the
section entitled "Consumer Disclosure" or "Official Rules," there
shall be a clear and conspicuous statement in the main text of the
solicitation in close proximity to the description of the prizes that
the odds to the recipient of obtaining the prize or prizes will be
found elsewhere, and the statement shall set forth where they will be
found.  It is not a violation of this section to reference the
official rules and the odds in the same statement as long as the
statement referencing the official rules and the odds is in the main
text of the solicitation in close proximity to the description of the
prizes.  For example, a statement such as:  "See official rules (on
(reference to location of rules if not on same page)) for odds and
other details" or a similar statement meets the requirements of this
provision.  This provision shall not apply to broadcast solicitations
for sweepstakes in which the winners will be selected in a random
drawing in which the odds depend on the number of entries received,
provided that those solicitations shall disclose where the official
rules are available and the official rules shall set forth the odds
of winning in accordance with this subdivision.
   (f) If any incentive is offered in a solicitation for an
information-access service, the solicitation shall clearly and
conspicuously disclose all restrictions, qualifications, and
deadlines that must be complied with in order to obtain the incentive
being offered.
   (g) No person soliciting callers for an information-access service
shall represent directly or by implication that the person being
solicited is part of a significantly limited group selected to
receive an incentive, unless that is true and the number of
recipients who will be receiving the solicitation is clearly and
conspicuously set forth in the solicitation.
   (h) It is unlawful for any person to solicit or sell an
information-access service to any person in the following manner:
   (1) The solicitation offers to persons in this state who respond
to the solicitation by calling a 900 number any incentive that:
   (A) Requires the recipient to purchase goods or services from the
information provider in order to utilize the incentive.  However,
this subparagraph does not apply to offers where the incentive is a
"cents-off" coupon that is usable only for the purchase of the
offeror's own brand name product or products, the total value of the
"cents-off" coupon offered is clearly and conspicuously disclosed in
the offer, the total value of the "cents-off" coupon does not exceed
five dollars ($5), the "cents-off" coupon is to be utilized to reduce
the price of those products at retail stores in the recipient's
area, and at least 60 percent of the revenue per month of the offeror
is derived from the sale of the product or products being purchased
without the use of the "cents-off" coupons.
   (B) Requires the recipient to purchase goods or services from any
third party in order to utilize the incentive unless:
   (i) The fact that a purchase or payment is required in order to
utilize the incentive is disclosed in the solicitation.
   (ii) A representative sample of the establishments at which the
incentive may be redeemed is disclosed in the solicitation.
   (iii) If the incentive entitles the recipient to save money on the
purchase of goods or services, the incentive is described as a
cents-off, discount coupon, or similar term that clearly indicates
that it is redeemable only for savings on purchases of goods or
services.
   (2) The solicitation states or implies that the caller is likely
to receive one of the prizes offered, by representing in the
solicitation that other named persons have already won the other
prizes being offered in the solicitation and that the recipient of
the solicitation is therefore likely to receive the prize that has
not been won by the other persons named in the solicitation, unless
the recipient's odds of receiving the remaining prize are clearly and
conspicuously disclosed in the solicitation in close proximity to
the list of the other named persons.
   (i) Nothing contained in this section shall be deemed to render
lawful any activity that otherwise would violate Section 17537.
   (j) No information-access service shall offer a game of skill in
which the cost of the call is billed on a usage-sensitive basis and
in which answers to multiple choice questions of increasing
difficulty are required in order to win, unless the solicitation
clearly and conspicuously discloses the percentage of contestants
anticipated to answer all questions correctly based on prior
experience or, if the game is being operated for the first time,
based on a good faith estimate.
   (k) This section does not apply to a regional telephone operating
company, interexchange carrier, or local telephone company operating
in those capacities, that in good faith telecommunicates an
information-access program without knowledge that the program or
related advertising violates any provision of this section, Section
17539.55, or Section 17539.6.
   (l) Neither this section, Section 17539.55, nor Section 17539.6
applies to the California State Lottery.
17539.55.  (a) It shall be unlawful to operate a sweepstakes in this
state through the use of a 900 number, unless the information
provider registers with the Department of Justice as provided in this
section within 10 days after causing any advertisement for the
sweepstakes to be directed to any person in this state.
   (b) The registration shall include the following information:
   (1) Each 900 number to be used in the sweepstakes.
   (2) The name and address of the information provider including
corporate identity, if any, and the name and address for the
information provider's agent for service of process within the state.
   (3) A copy of the information provider's audio text, prerecorded,
or live operator scripts.
   (4) A copy of the official rules for the sweepstakes.
   (5) For television, video, or any on-screen advertisements, a copy
of the storyboard and videotape.
   (6) For radio advertisements, a copy of the script and audio
cassette recording.
   (7) For print or electronic form transmitted over the Internet, a
copy of all advertisements.
   (8) For direct mail solicitations, a copy of all principal
solicitations.
   (9) For telephone solicitations, a copy of the script.
   (10) The names of the carriers which the information provider
plans to utilize to carry the 900 number calls.
   (c) The information provider shall pay an annual registration fee
of fifty dollars ($50) for each 900 number used for sweepstakes
purposes.
   (d) It shall be unlawful for any information provider that
operates a sweepstakes to make reference, in any contact with the
public, to the fact that the information provider is registered with
the Department of Justice, as required by this section, or in any
other manner imply that such registration represents approval of the
sweepstakes by the Department of Justice.
17539.6.  Any broadcast or print advertisement or notice that
contains a 900 number shall be written or spoken in the same language
as the language used in a recorded message or by a live operator of
the 900 number call.