Title BPC — California Bus. & Prof. Code
0 chapters · 8,612 sections in this title.
Bus. & Prof. Code § 17525 Section 17525
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(a) It is unlawful for a person, with a bad faith intent, to register, traffic in, or use a domain or subdomain name that is identical or confusingly similar to, because of, among other things, misspelling of the domain or subdomain name, either of the following: (1) The personal…
Bus. & Prof. Code § 17526 Section 17526
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In determining whether there is a bad faith intent pursuant to Section 17525, a court, consistent with 15 U.S.C. Sec. 1125(d)(1)(B)(i) as that section read on January 1, 2019, may consider factors, including, but not limited to, the following: (a) The trademark or other intellect…
Bus. & Prof. Code § 17527 Section 17527
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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…
Bus. & Prof. Code § 17528 Section 17528
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Jurisdiction for actions brought pursuant to this article shall be in accordance with Section 410.10 of the Code of Civil Procedure.
Bus. & Prof. Code § 17528.5 Section 17528.5
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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.
Bus. & Prof. Code § 17529 Section 17529
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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 …
Bus. & Prof. Code § 17529.1 Section 17529.1
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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)…
Bus. & Prof. Code § 17529.2 Section 17529.2
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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…
Bus. & Prof. Code § 17529.3 Section 17529.3
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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.
Bus. & Prof. Code § 17529.4 Section 17529.4
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(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…
Bus. & Prof. Code § 17529.5 Section 17529.5
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(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…
Bus. & Prof. Code § 17529.8 Section 17529.8
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(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 …
Bus. & Prof. Code § 17529.9 Section 17529.9
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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.
Bus. & Prof. Code § 17530 Section 17530
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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 Inter…
Bus. & Prof. Code § 17530.1 Section 17530.1
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(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 w…
Bus. & Prof. Code § 17530.5 Section 17530.5
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(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 tax…
Bus. & Prof. Code § 17530.7 Section 17530.7
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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 beginn…
Bus. & Prof. Code § 17531 Section 17531
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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 m…
Bus. & Prof. Code § 17531.1 Section 17531.1
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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 …
Bus. & Prof. Code § 17531.3 Section 17531.3
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(a) For purposes of this section, the following terms have the following meanings: (1) “Educational conference” means a conference, forum, camp, or other similar event, intended to develop the leadership, career, or college readiness of a student or provide some other form of edu…
Bus. & Prof. Code § 17531.5 Section 17531.5
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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 m…
Bus. & Prof. Code § 17531.6 Section 17531.6
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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 burnin…
Bus. & Prof. Code § 17531.7 Section 17531.7
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(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 accordin…
Bus. & Prof. Code § 17531.8 Section 17531.8
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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.
Bus. & Prof. Code § 17531.9 Section 17531.9
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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 o…
Bus. & Prof. Code § 17532 Section 17532
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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.
Bus. & Prof. Code § 17533 Section 17533
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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 oth…
Bus. & Prof. Code § 17533.10 Section 17533.10
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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…
Bus. & Prof. Code § 17533.5 Section 17533.5
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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, corporat…
Bus. & Prof. Code § 17533.6 Section 17533.6
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(a) Notwithstanding any other law, a person, firm, corporation, or association that is a nongovernmental entity may solicit a fee for providing a copy of a public record if that solicitation meets all of the requirements set forth in paragraphs (1) to (3), inclusive: (1) Contains…
Bus. & Prof. Code § 17533.7 Section 17533.7
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(a) 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 if the merchandise or any …
Bus. & Prof. Code § 17533.8 Section 17533.8
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(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,…
Bus. & Prof. Code § 17533.9 Section 17533.9
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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…
Bus. & Prof. Code § 17534 Section 17534
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Any person, firm, corporation, partnership or association or any employee or agent thereof who violates this chapter is guilty of a misdemeanor.
Bus. & Prof. Code § 17534.5 Section 17534.5
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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.
Bus. & Prof. Code § 17535 Section 17535
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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 judgm…
Bus. & Prof. Code § 17535.5 Section 17535.5
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(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 con…
Bus. & Prof. Code § 17536 Section 17536
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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…
Bus. & Prof. Code § 17536.5 Section 17536.5
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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…
Bus. & Prof. Code § 17537 Section 17537
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(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 …
Bus. & Prof. Code § 17537.1 Section 17537.1
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(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 present…
Bus. & Prof. Code § 17537.10 Section 17537.10
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(a) It is unlawful for any person, firm, corporation, association, or any other business entity to make any untrue or misleading statements in any manner in connection with the offering or performance of a grant deed copy service. For the purpose of this section, an “untrue or mi…
Bus. & Prof. Code § 17537.11 Section 17537.11
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(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 bu…
Bus. & Prof. Code § 17537.12 Section 17537.12
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(a) This section shall be known and may be cited as the Truth in Music Advertising Act. (b) As used in this section, the following terms have the following meanings unless the context clearly indicates otherwise: (1) “Performing group” means a vocal or instrumental group seeking …
Bus. & Prof. Code § 17537.15 Section 17537.15
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(a) For purposes of this section, “floral or ornamental products or services” means floral arrangements, cut flowers, floral bouquets, potted plants, balloons, floral designs, and related products and services. (b) For the purposes of this section, “local telephone number” means …
Bus. & Prof. Code § 17537.2 Section 17537.2
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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 t…
Bus. & Prof. Code § 17537.3 Section 17537.3
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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 availabl…
Bus. & Prof. Code § 17537.4 Section 17537.4
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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 i…
Bus. & Prof. Code § 17537.5 Section 17537.5
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(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 o…
Bus. & Prof. Code § 17537.6 Section 17537.6
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(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 tha…