Title BPC, California Bus. & Prof. Code

As used in this article: (a) “Deceased personality” shall have the same meaning as defined in Section 3344.1 of the Civil Code. (b) “Domain name” means any alphanumeric designation that is registered with or assigned by any domain name registrar, domain name registry, or other do…

Jurisdiction for actions brought pursuant to this article shall be in accordance with Section 410.10 of the Code of Civil Procedure. (Added by Stats. 2000, Ch. 218, Sec. 1. Effective January 1, 2001.)

In addition to any other remedies available under law, a court may order the transfer of a domain name as part of the relief awarded for a violation of this article. (Added by Stats. 2003, Ch. 277, Sec. 3. Effective January 1, 2004.)

The Legislature hereby finds and declares all of the following: (a) Roughly 40 percent of all e-mail traffic in the United States is comprised of unsolicited commercial e-mail advertisements (hereafter spam) and industry experts predict that by the end of 2003 half of all e-mail …

For the purpose of this article, the following definitions apply: (a) “Advertiser” means a person or entity that advertises through the use of commercial e-mail advertisements. (b) “California electronic mail address” or “California e-mail address” means any of the following: (1)…

Notwithstanding any other provision of law, a person or entity may not do any of the following: (a) Initiate or advertise in an unsolicited commercial e-mail advertisement from California or advertise in an unsolicited commercial e-mail advertisement sent from California. (b) Ini…

Nothing in this article shall be construed to limit or restrict the adoption, implementation, or enforcement by a provider of Internet access service of a policy of declining to transmit, receive, route, relay, handle, or store certain types of electronic mail messages. (Added by…

(a) It is unlawful for any person or entity to collect electronic mail addresses posted on the Internet if the purpose of the collection is for the electronic mail addresses to be used to do either of the following: (1) Initiate or advertise in an unsolicited commercial e-mail ad…

(a) It is unlawful for any person or entity to advertise in a commercial e-mail advertisement either sent from California or sent to a California electronic mail address under any of the following circumstances: (1) The e-mail advertisement contains or is accompanied by a third-p…

(a) (1) In addition to any other remedies provided by this article or by any other provisions of law, a recipient of an unsolicited commercial e-mail advertisement transmitted in violation of this article, an electronic mail service provider, or the Attorney General may bring an …

The provisions of this article are severable. If any provision of this article or its application is held invalid, that invalidity shall not affect any other provision or application that can be given effect without the invalid provision or application. (Added by Stats. 2003, Ch.…

(a) The Legislature finds and declares all of the following: (1) Certain advertising, sales, and business practices of sellers of travel have worked financial hardship upon the people of this state. (2) The travel business has a significant impact upon the economy and well-being …

(a) “Seller of travel” means a person who sells, provides, furnishes, contracts for, arranges, or advertises that he or she can or may arrange, or has arranged, wholesale or retail , either of the following: (1) Air or sea transportation either separately or in conjunction with o…

“Travel certificate” means a writing that represents the holder is entitled to air or sea transportation or travel services, to a discount or reduced price for that transportation or those travel services, or to purchase that transportation or those travel services from a specifi…

(a) “Adequate bond” means a bond executed by an admitted surety insurer in an amount at all times no less than at least equal to the amount required to be held in a trust account pursuant to Section 17550.15 by any seller of travel in conjunction with such transportation, for the…

(a) (1) A seller of travel shall not receive any money or other valuable consideration in payment for air or sea transportation or other travel services offered by the seller of travel unless at the time of or prior to the receipt of payment, the seller of travel first furnishes …

(a) The seller of travel has an obligation either to provide the air or sea transportation or travel services purchased by the passenger or to make a refund as provided by this section. The seller of travel shall return to the passenger all moneys paid for air or sea transportati…

(a) This section applies to a seller of travel as defined in Section 17550.1. (b) The seller of travel shall deposit directly into a trust account in a federally insured bank, savings and loan association, or credit union 100 percent of all sums received from any person or entity…

(a) A seller of travel is exempt from the requirements of subdivisions (a) to (f), inclusive, of Section 17550.15 for all transactions in which the seller of travel is in compliance with paragraphs (1) to (6), inclusive, or with paragraph (7). (1) The seller of travel sells, prov…

(a) This section does not apply to sellers of travel who are exempt from the requirements of Section 17550.15 pursuant to Section 17550.16. (b) Upon payment in full by the passenger for air or sea transportation and any related services with a credit card or with cash, the seller…

(a) If any provision of this article or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the article which can be given effect without the invalid provision or application, and to this end …

In addition to any civil penalties provided in this division, violation of this article is punishable as follows: (a) As a misdemeanor by a fine of not more than ten thousand dollars ($10,000), by imprisonment in a county jail for not more than one year, or by both that fine and …

(a) The Attorney General shall immediately suspend the registration of a seller of travel who has been convicted of a felony offense pursuant to Section 17550.19. (b) A person who has been convicted of a felony offense pursuant to Section 17550.19 is prohibited, for a period of s…

“Advertise” means to make any representation in the solicitation of air or sea transportation, and includes communication with other members of the same partnership, corporation, joint venture, association, organization, group, or other entity. (Added by Stats. 1994, Ch. 1123, Se…

(a) (1) Not less than 10 days before doing business in this state, a seller of travel shall apply for registration with the office of the Attorney General by filing with the Consumer Protection Section the information required by Section 17550.21 and paying the following fees, as…

Each filing pursuant to Section 17550.20 shall contain the following information: (a) The name or names of the seller of travel, including the name under which the seller of travel is doing or intends to do business, if different from the name of the seller of travel. (b) The sel…

No registration application shall be accepted for filing if it is incomplete or contains false information. (Added by Stats. 1994, Ch. 1123, Sec. 2. Effective January 1, 1995. Section operative January 1, 1995, pursuant to Section 17550.33 (later repealed).)

(a) The Travel Consumer Restitution Corporation shall notify the office of the Attorney General whenever a seller of travel with its principal place of business in California, which does business with persons located in California, is in compliance with Article 2.7 (commencing wi…

(a) The Attorney General or his or her delegate shall issue a separate registration number to each registrant whose registration is accepted. That registration number shall be valid for the period specified in subdivision (b) of Section 17550.20, unless revoked or suspended by th…

(a) All sellers of travel who are participants shall comply with Article 2.7 (commencing with Section 17550.35) prior to engaging in those sales. (b) Any seller of travel that is not a participant who is doing business with persons located in California shall make a clear and con…

(a) For the purposes of this section, “travel business discount program” means a membership, benefit program, identification card, identifying number, or other arrangement that identifies the purchaser of the travel business discount program as engaged in the travel business or o…

(a) For the purposes of this section, the following terms shall have the following meanings: (1) “Seller of travel discount program” means a membership, benefit program, or other arrangement that purports to entitle the purchaser of the seller of travel discount program to future…

“Passenger” is a person on whose behalf money or other consideration has been given or is to be given to another, including another member of the same partnership, corporation, joint venture, association, organization, group, or other entity, for air or sea transportation, other …

(a) The Travel Seller Fund is hereby created in the State Treasury. All fines, penalties, and fees, including late fees, collected pursuant to this article, and any moneys collected for a violation of this article or Article 2.7 (commencing with Section 17550.35), shall be deposi…

An air carrier is a transporter by air of persons that operates under a certificate of convenience and necessity issued by the United States Department of Transportation or under the certification of a foreign government that is recognized by the United States Department of Trans…

“Ticket or voucher” means a writing that is itself good and sufficient to obtain the entire air or ocean transportation, or travel services, which the passenger has purchased. (Amended by Stats. 1998, Ch. 924, Sec. 2. Effective January 1, 1999.)

“Officially appointed agent” means an agent expressly appointed as such, without reservation, for a specified time period, in a written instrument executed by the principal or an authorized representative of the principal. The written instrument shall identify the current name, a…

“Participant in the Travel Consumer Restitution Fund” is a registered seller of travel with its principal place of business in California, who does business with persons located in California, or is a registered seller of travel that does business in California, from one or more …

“Provider” means the person or entity who actually provides any transportation or travel services. (Added by Stats. 1994, Ch. 1123, Sec. 2. Effective January 1, 1995. Section operative January 1, 1995, pursuant to Section 17550.33 (later repealed).)

“Travel services” includes, but is not limited to, lodging, surface transportation, transfers, tours, meals, guides, baggage transfer, sightseeing, recreational activities, vehicle rental, or other travel-related services, however denominated, including, but not limited to, trave…

“Restitution corporation” means the Travel Consumer Restitution Corporation. (Added by Stats. 1994, Ch. 1123, Sec. 3. Effective January 1, 1995.)

“Participant,” as used in this article, means a seller of travel, as defined in Section 17550.7, who is registered pursuant to Section 17550.20. (Added by Stats. 1994, Ch. 1123, Sec. 3. Effective January 1, 1995.)

(a) “Person aggrieved,” as used in this article, means a passenger, as defined in Section 17550.3, located in California at the time of sale, or a person located in California at the time of sale who made any payment on behalf of the passenger for air or sea transportation or tra…

(a) It is the purpose of the Travel Consumer Restitution Corporation to provide restitution to a person aggrieved, subject to the limitations set forth in this article. The restitution is secondary only to any relief, compensation, or reimbursement to which a person aggrieved may…

(a) Participants shall maintain a corporation under the Nonprofit Mutual Benefit Corporation Law (Part 3 (commencing with Section 7110) of Division 2 of Title 1 of the Corporations Code) operating under the name “Travel Consumer Restitution Corporation.” (b) The State of Californ…

Each participant is required to comply with the provisions of this article and shall abide by the rules and decisions of the Travel Consumer Restitution Corporation adopted in accordance with this article. (Added by Stats. 1994, Ch. 1123, Sec. 3. Effective January 1, 1995.)