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<ns0:Id>20250SB__095799INT</ns0:Id>
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<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-02</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Senator Pérez</ns0:AuthorText>
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<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>Pérez</ns0:Name>
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<ns0:Title> An act to add Chapter 22.9 (commencing with Section 22690) to Division 8 of the Business and Professions Code, and to amend Section 1770 of the Civil Code, relating to business. </ns0:Title>
<ns0:RelatingClause>business</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Online dating services.</ns0:Subject>
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<html:p>Existing law requires a social media company, as defined, to submit a terms of service report on a semiannual basis to the Attorney General, as prescribed. Existing law requires the terms of service report to include specified information. Existing law, the Consumer Legal Remedies Act, proscribes specified unfair or deceptive trade practices and authorizes a civil action to enforce a violation of those provisions.</html:p>
<html:p>This bill would require an online dating service, as defined, to adopt a safety policy that meets specified requirements and to report information relating to the policy on an annual basis to the Attorney General, as prescribed. The bill would authorize the Attorney General to bring an action to enforce these provisions and would make violation of these provisions an unfair or deceptive trade practice, as specified.</html:p>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
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<ns0:Num>SECTION 1.</ns0:Num>
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Chapter 22.9 (commencing with Section 22690) is added to Division 8 of the
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, to read:
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<ns0:LawHeading id="id_41DA8C36-9866-48B1-8D01-B270CFF294EB" type="CHAPTER">
<ns0:Num>22.9.</ns0:Num>
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<ns0:LawHeadingText>Online Dating Services</ns0:LawHeadingText>
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<ns0:LawSection id="id_4AB1E46C-DFF7-45C7-A080-10EE4B9AE171">
<ns0:Num>22690.</ns0:Num>
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<html:p>For purposes of this chapter, the following definitions apply:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
“Member” means an individual who signs up or registers with an online dating service.
</html:p>
<html:p>
(b)
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“Member in this state” means a member who provides a billing address or ZIP Code in this state when registering with an online dating service.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
“Misconduct that threatens public or personal safety” means an act, threatened act, or attempted act of homicide, unlawful sexual behavior, assault, kidnapping, stalking, harassment, involuntary intoxication, robbery, theft, or any other conduct that threatens the public’s or another person’s safety.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
“Online dating service” means any person engaged in the business of offering dating, matrimonial, or social referral services that are offered primarily online, including by means of an internet website or mobile application.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
“Remedial action” means suspending the member’s profile from the service, barring the member from the service, or providing actual notice that it received a report of prohibited content and conduct to other members who have had contact on the service with the member who was the subject of the reports.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
“Safety policy” means an online dating service’s safety policy required by Section 22691.
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<ns0:LawSection id="id_469D450E-6C45-494A-85D0-47621506F431">
<ns0:Num>22691.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
An online dating service shall adopt a safety policy that complies with this section.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
An online dating service that has a member located in this state on January 1, 2027, shall make the safety policy effective on or before January 1, 2028.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
An online dating service that registers its first member in this state after January 1, 2027, shall make the safety policy effective within one year after it registers its first member in this state.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The safety policy shall include all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A description of
prohibited content and conduct used by the online dating service, which shall include misconduct that threatens public or personal safety.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A statement of whether and under what circumstances the online dating service conducts a criminal background screening of members.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A statement whether the online dating service excludes as a member a person who is found to have a criminal conviction and, if so, which types of criminal convictions result in exclusion.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A description of whether and when the online dating service verifies a member’s identity or that the member is at least 18 years of age.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
A description of whether and when the online dating service suspends a member’s profile from the service as a result of reports of prohibited content
and conduct committed by the member received by the online dating service and the circumstances under which the online dating service bars a member from the online dating service as a result of received reports.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
A description of whether the online dating service permits a member who was suspended or barred as a result of reports of prohibited content and conduct committed by the member to appeal the adverse action and, if so, the appeal process.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
A description of whether and when the online dating service, after receiving a report of prohibited content and conduct committed by a member, provides actual notice that it received the report to other members who have had contact with the members who was the subject of the report and, if so, the types of reported content and conduct that result in providing a notice and the process for providing the notice.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Clear guidelines for reporting to the online dating service prohibited content and conduct committed by a member against another member. The guidelines shall warn members not to submit false reports or report for malicious, biased, or other illegitimate reasons.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
A notice that engaging in sexual conduct with another person without that person’s consent violates the safety policy, is against the law, and may result in criminal or civil liability.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
Information about resources available for members in California who experience sexual assault, domestic violence, or other crimes.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
A list of safety measures taken by the online dating service that are reasonably designed to promote safer online and in-person dating experiences for
members.
</html:p>
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</ns0:LawSection>
<ns0:LawSection id="id_7DF522FE-CE3C-4CFC-B7D2-0085F1FF107D">
<ns0:Num>22692.</ns0:Num>
<ns0:LawSectionVersion id="id_C2139364-AB83-4094-B465-3DC45A094BA7">
<ns0:Content>
<html:p>An online dating service shall post a clear and conspicuous link to the service’s safety policy on the main page of its internet website and on the settings, or similar screen, of its mobile application, if applicable. The text of each link shall expressly inform a member that the link navigates to the online dating service’s safety policy.</html:p>
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</ns0:LawSection>
<ns0:LawSection id="id_A7E16932-C36C-4091-8AAB-9BD51193EB49">
<ns0:Num>22693.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
An online dating service shall submit the URL for its safety policy posted on its internet website to the Attorney General within 15 days after enacting its safety policy. If the online dating service updates the URL for its safety policy, it shall submit the updated URL to the Attorney General within seven days of updating the URL.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
On or before January 31, 2028, and on or before January 31 of each year thereafter, an online dating service shall submit an annual report to the Attorney General concerning member safety and the online dating service’s compliance with this chapter. The report shall include the information required by the rules promulgated pursuant to this chapter.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The report required by subdivision (b) is only required to include information about a member located in, or reports made by a member located in, California, if that information is available. If that information is not available, the report shall include information from the entire United States.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The Attorney General shall post on a public page of its internet website a link to each safety policy and annual report submitted pursuant to this chapter.
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<ns0:LawSection id="id_9BF765A8-DC55-4569-A003-8B220C71E2AE">
<ns0:Num>22694.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
The Attorney General may bring an action to enforce this chapter.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A court may award any relief it deems appropriate, including a civil penalty not to exceed twenty thousand dollars ($20,000) per violation.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Before commencing an enforcement action under this section against an online dating service that registers its first member in this state after January 1, 2027, the Attorney General shall issue a notice of violation to the online dating service if the Attorney General determines that it is possible for the online dating service to cure the violation. If the online dating service fails to cure the violation within 30 days of receiving the notice of violation, the
Attorney General may bring an enforcement action under this section.
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<ns0:LawSection id="id_3AB82AB1-A338-456B-BF34-04577CF0AC50">
<ns0:Num>22695.</ns0:Num>
<ns0:LawSectionVersion id="id_CD2B4742-2B0A-4F8C-89DC-1ED9402846AE">
<ns0:Content>
<html:p>The Attorney General may promulgate regulations to carry out this chapter. The rules may include a process for an online dating service to submit to the Attorney General the URL for its safety policy.</html:p>
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<ns0:LawSection id="id_15B9ED89-C3DD-496C-B762-B60FEB054245">
<ns0:Num>22696.</ns0:Num>
<ns0:LawSectionVersion id="id_6ABC9EC4-4E77-41AE-B1DB-DC9F5CA017DC">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
This chapter does not alter the scope of the federal Communications Decency Act of 1996 (47 U.S.C. 230).
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
This section does not limit any rights or remedies of an injured party that are available under California law nor remove any remedies available to an injured person prior to the effective date of this section.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
An online dating service is not liable to a barred or suspended member for taking, in good faith, remedial action in accordance with its member agreement against a member for violating the service’s safety policy.
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<ns0:BillSection id="id_FB48823E-D57E-4340-BF8A-368459BC9508">
<ns0:Num>SEC. 2.</ns0:Num>
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Section 1770 of the
<ns0:DocName>Civil Code</ns0:DocName>
is amended to read:
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<ns0:Num>1770.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The unfair methods of competition and unfair or deceptive acts or practices listed in this subdivision undertaken by any person in a transaction intended to result or that results in the sale or lease of goods or services to any consumer are unlawful:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Passing off goods or services as those of another.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Misrepresenting the source, sponsorship, approval, or certification of goods or services.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Misrepresenting the affiliation, connection, or association with, or certification by, another.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Using deceptive representations or designations of geographic origin in
connection with goods or services.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that the person does not have.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Representing that goods are original or new if they have deteriorated unreasonably or are altered, reconditioned, reclaimed, used, or secondhand.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Representing that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Disparaging the goods, services, or business of another by false or misleading representation of fact.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Advertising goods or services with intent not to sell them as advertised.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
Advertising goods or services with intent not to supply reasonably expectable demand, unless the advertisement discloses a limitation of quantity.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
Advertising furniture without clearly indicating that it is unassembled if that is the case.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
Advertising the price of unassembled furniture without clearly indicating the assembled price of that furniture if the same furniture is available assembled from the seller.
</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
Making false or misleading statements of fact concerning reasons for, existence of, or amounts of, price reductions.
</html:p>
<html:p>
(14)
<html:span class="EnSpace"/>
Representing that a transaction confers or involves rights, remedies, or obligations that it does not have or involve, or that are prohibited by law.
</html:p>
<html:p>
(15)
<html:span class="EnSpace"/>
Representing that a part, replacement, or repair service is needed when it is not.
</html:p>
<html:p>
(16)
<html:span class="EnSpace"/>
Representing that the subject of a transaction has been supplied in accordance with a previous representation when it has not.
</html:p>
<html:p>
(17)
<html:span class="EnSpace"/>
Representing that the consumer will receive a rebate, discount, or other economic benefit, if the earning of the benefit is contingent on an event to occur subsequent to the consummation of the transaction.
</html:p>
<html:p>
(18)
<html:span class="EnSpace"/>
Misrepresenting the authority of a salesperson, representative, or agent to negotiate the final terms of a transaction with a consumer.
</html:p>
<html:p>
(19)
<html:span class="EnSpace"/>
Inserting an unconscionable provision in the contract.
</html:p>
<html:p>
(20)
<html:span class="EnSpace"/>
Advertising that a product is being offered at a specific price plus a specific percentage of that price unless (A) the total price is set forth in the advertisement, which may include, but is not limited to, shelf tags, displays, and media advertising, in a size larger than any other price in that advertisement, and (B) the specific price plus a specific percentage of that price represents a markup from the seller’s costs or from the wholesale price of the product. This subdivision shall not apply to in-store advertising by businesses that are open only to members or cooperative organizations organized pursuant to Division 3 (commencing with Section 12000) of Title 1 of the Corporations Code if more than 50 percent of purchases are made at the specific price set forth in the advertisement.
</html:p>
<html:p>
(21)
<html:span class="EnSpace"/>
Selling or leasing goods in violation of Chapter 4 (commencing with Section 1797.8) of Title 1.7.
</html:p>
<html:p>
(22)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Disseminating an unsolicited prerecorded message by telephone without an unrecorded, natural voice first informing the person answering the telephone of the name of the caller or the organization being represented, and either the address or the telephone number of the caller, and without obtaining the consent of that person to listen to the prerecorded message.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
This subdivision does not apply to a message disseminated to a business associate, customer, or other person having an established relationship with the person or organization making the call, to a call for the purpose of collecting an existing obligation, or to any call generated at the request of the recipient.
</html:p>
<html:p>
(23)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The home solicitation, as defined in subdivision (h) of Section 1761, of a consumer who is a senior citizen where a loan or assessment is made encumbering the primary residence of that consumer for purposes of paying for home improvements and where the transaction is part of a pattern or practice in violation of any of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Subsection (h) or (i) of Section 1639 of Title 15 of the United States Code.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Paragraph (1), (2), or (4) of subdivision (a) of Section 226.34 of Title 12 of the Code of Federal Regulations.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Section 22684, 22685, 22686, or 22687 of the Financial Code.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Section 5898.16, 5898.17, 5913, 5922, 5923, 5924, 5925, 5926, or
5940 of the Streets and Highways Code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A third party shall not be liable under this subdivision unless (i) there was an agency relationship between the party who engaged in home solicitation and the third party, or (ii) the third party had actual knowledge of, or participated in, the unfair or deceptive transaction. A third party who is a holder in due course under a home solicitation transaction shall not be liable under this subdivision.
</html:p>
<html:p>
(24)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Charging or receiving an unreasonable fee to prepare, aid, or advise any prospective applicant, applicant, or recipient in the procurement, maintenance, or securing of public social services.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For purposes of this paragraph:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
“Public social services” means those activities and
functions of state and local government administered or supervised by the State Department of Health Care Services, the State Department of Public Health, or the State Department of Social Services, and involved in providing aid or services, or both, including health care services, and medical assistance, to those persons who, because of their economic circumstances or social condition, are in need of that aid or those services and may benefit from them.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
“Public social services” also includes activities and functions administered or supervised by the United States Department of Veterans Affairs or the California Department of Veterans Affairs involved in providing aid or services, or both, to veterans, including pension benefits.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
“Unreasonable fee” means a fee that is exorbitant and disproportionate to the services performed. Factors to be considered, if appropriate, in
determining the reasonableness of a fee, are based on the circumstances existing at the time of the service and shall include, but not be limited to, all of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The time and effort required.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The novelty and difficulty of the services.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
The skill required to perform the services.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
The nature and length of the professional relationship.
</html:p>
<html:p>
(V)
<html:span class="EnSpace"/>
The experience, reputation, and ability of the person providing the services.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
This paragraph shall not apply to attorneys licensed to practice law in California, who are subject to the California Rules of Professional Conduct and to the mandatory fee
arbitration provisions of Article 13 (commencing with Section 6200) of Chapter 4 of Division 3 of the Business and Professions Code, when the fees charged or received are for providing representation in administrative agency appeal proceedings or court proceedings for purposes of procuring, maintaining, or securing public social services on behalf of a person or group of persons.
</html:p>
<html:p>
(25)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Advertising or promoting any event, presentation, seminar, workshop, or other public gathering regarding veterans’ benefits or entitlements that does not include the following statement in the same type size and font as the term “veteran” or any variation of that term:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
“I am not authorized to file an initial application for Veterans’ Aid and Attendance benefits on your behalf, or to represent you before the Board of Veterans’ Appeals within the United States Department
of Veterans Affairs in any proceeding on any matter, including an application for those benefits. It would be illegal for me to accept a fee for preparing that application on your behalf.” The requirements of this clause do not apply to a person licensed to act as an agent or attorney in proceedings before the Agency of Original Jurisdiction and the Board of Veterans’ Appeals within the United States Department of Veterans Affairs when that person is offering those services at the advertised event.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The statement in clause (i) shall also be disseminated, both orally and in writing, at the beginning of any event, presentation, seminar, workshop, or public gathering regarding veterans’ benefits or entitlements.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Advertising or promoting any event, presentation, seminar, workshop, or other public gathering regarding veterans’ benefits or entitlements that is not sponsored by,
or affiliated with, the United States Department of Veterans Affairs, the California Department of Veterans Affairs, or any other congressionally chartered or recognized organization of honorably discharged members of the Armed Forces of the United States, or any of their auxiliaries that does not include the following statement, in the same type size and font as the term “veteran” or the variation of that term:
</html:p>
<html:br/>
<html:p>“This event is not sponsored by, or affiliated with, the United States Department of Veterans Affairs, the California Department of Veterans Affairs, or any other congressionally chartered or recognized organization of honorably discharged members of the Armed Forces of the United States, or any of their auxiliaries. None of the insurance products promoted at this sales event are endorsed by those organizations, all of which offer free advice to veterans about how to qualify and apply for benefits.”</html:p>
<html:br/>
<html:p>
(i)
<html:span class="EnSpace"/>
The statement in this subparagraph shall be disseminated, both orally and in writing, at the beginning of any event, presentation, seminar, workshop, or public gathering regarding veterans’ benefits or entitlements.
</html:p>
<html:p>
(ii)
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The requirements of this subparagraph shall not apply in a case where the United States Department of Veterans Affairs, the California Department of Veterans Affairs, or other congressionally chartered or recognized organization of honorably discharged members of the Armed Forces of the United States, or any of their auxiliaries have granted written permission to the advertiser or promoter for the use of its name, symbol, or insignia to advertise or promote the event, presentation, seminar, workshop, or other public gathering.
</html:p>
<html:p>
(26)
<html:span class="EnSpace"/>
Advertising, offering for
sale, or selling a financial product that is illegal under state or federal law, including any cash payment for the assignment to a third party of the consumer’s right to receive future pension or veteran’s benefits.
</html:p>
<html:p>
(27)
<html:span class="EnSpace"/>
Representing that a product is made in California by using a Made in California label created pursuant to Section 12098.10 of the Government Code, unless the product complies with Section 12098.10 of the Government Code.
</html:p>
<html:p>
(28)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Failing to include either of the following in a solicitation by a covered person, or an entity acting on behalf of a covered person, to a consumer for a consumer financial product or service:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The name of the covered person, and, if applicable, the entity acting on behalf of the covered person, and relevant contact information, including a mailing
address and telephone number.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
(I)
<html:span class="EnSpace"/>
The following disclosure statement in at least 18-point bold type and in the language in which a solicitation described by this paragraph is drafted: “THIS IS AN ADVERTISEMENT. YOU ARE NOT REQUIRED TO MAKE ANY PAYMENT OR TAKE ANY OTHER ACTION IN RESPONSE TO THIS OFFER.”
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
(ia)
<html:span class="EnSpace"/>
The disclosure statement described in subclause (I) shall appear in at least 16-point bold type on the front of an envelope that contains a solicitation described by this paragraph.
</html:p>
<html:p>
(ib)
<html:span class="EnSpace"/>
This subclause applies only to solicitations made by physical mail.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For purposes of this paragraph:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
“Consumer financial product or service”
has the same meaning as defined in Section 90005 of the Financial Code.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
(I)
<html:span class="EnSpace"/>
“Covered person” has the same meaning as defined in Section 90005 of the Financial Code.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
“Covered person” does not mean an entity exempt from Division 24 (commencing with Section 90000) of the Financial Code pursuant to Section 90002 of the Financial Code.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
“Solicitation” means an advertisement or marketing communication through writing or graphics that is directed to, or likely to give the impression of being directed to, an individually identified person, residence, or business location. “Solicitation” does not include any of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Communication through a mass advertisement, including in a catalog, on a radio or television
broadcast, or on a publicly accessible internet website, if that communication is not directed to, or is not likely to give the impression of being directed to, an individually identified person, residence, or business location.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Communication via a telephone, mail, or electronic communication that was initiated by a consumer.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
A written credit or insurance solicitation that is subject to the disclosure requirements of subsection (d) of Section 1681m of Title 15 of the United States Code.
</html:p>
<html:p>
(29)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Advertising, displaying, or offering a price for a good or service that does not include all mandatory fees or charges other than either of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Taxes or fees imposed by a government on the transaction.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Postage or carriage charges that will be reasonably and actually incurred to ship the physical good to the consumer.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Compliance by a person providing broadband internet access service on its own or as part of a bundle, as defined in Section 8.1(b) of Title 47 of the Code of Federal Regulations, with the broadband consumer label requirements adopted by the Federal Communications Commission in FCC 22-86 on November 14, 2022, codified in Section 8.1(a) of Title 47 of the Code of Federal Regulations, shall be deemed compliance with this paragraph.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
For purposes of this subparagraph, “financial entity” means an entity that is exempt from Division 24 (commencing with Section 90000) of the Financial Code pursuant to Section 90002 of the Financial Code.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A financial entity that is required to provide disclosures in compliance with any of the following federal or state acts or regulations with respect to a financial transaction is exempt from this paragraph for purposes of that financial transaction:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The federal Truth in Savings Act, as amended (12 U.S.C. Sec. 4301 et seq.).
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The federal Electronic Fund Transfer Act, as amended (15 U.S.C. Sec. 1693 et seq.).
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
Section 19 of the Federal Reserve Act, as amended (12 U.S.C. Sec. 461 et seq.).
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
The federal Truth in Lending Act, as amended (15 U.S.C. Sec. 1601 et seq.).
</html:p>
<html:p>
(V)
<html:span class="EnSpace"/>
The federal Real Estate Settlement
Procedures Act, as amended (12 U.S.C. Sec. 2601 et seq.).
</html:p>
<html:p>
(VI)
<html:span class="EnSpace"/>
The federal Home Ownership and Equity Protection Act (15 U.S.C. Sec. 1639).
</html:p>
<html:p>
(VII)
<html:span class="EnSpace"/>
Any regulation adopted pursuant to any of the federal acts in subclauses (I) to (VI), inclusive.
</html:p>
<html:p>
(VIII)
<html:span class="EnSpace"/>
The California Financing Law (Division 9 (commencing with Section 22000) of the Financial Code).
</html:p>
<html:p>
(IX)
<html:span class="EnSpace"/>
The California Residential Mortgage Lending Act (Division 20 (commencing with Section 50000) of the Financial Code).
</html:p>
<html:p>
(X)
<html:span class="EnSpace"/>
The Real Estate Law (Part 1 (commencing with Section 10000) of Division 4 of the Business and Professions Code).
</html:p>
<html:p>
(XI)
<html:span class="EnSpace"/>
Any regulation adopted pursuant to any of
the state acts in subclauses (VIII) to (X), inclusive.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Subject to clause (ii), this paragraph does not apply to a mandatory fee or charge for individual food or beverage items sold directly to a customer by a restaurant, bar, food concession, grocery store, or grocery delivery service, or by means of a menu or contract for banquet or catering services that fully discloses the terms of service.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A mandatory fee or charge under clause (i) shall be clearly and conspicuously displayed, with an explanation of its purpose, on any advertisement, menu, or other display that contains the price of the food or beverage item.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
“Grocery delivery service” means a company owned by, or under contract with, a grocery store or distributor that delivers food, primarily fresh produce, meat,
poultry, fish, deli products, dairy products, perishable beverages, baked foods, and prepared foods, from the grocery store or distributor to a consumer.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The exemption in this subparagraph does not apply to a “third-party food delivery platform,” as defined in Section 113930.5 of the Health and Safety Code, or any other food delivery platform.
</html:p>
<html:p>
(30)
<html:span class="EnSpace"/>
Failing to adopt or publish a safety policy in violation of Chapter 22.9 (commencing with Section 22690) of Division 8 of the Business and Professions Code.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
It is an unfair or deceptive act or practice for a mortgage broker or lender, directly or indirectly, to use a home improvement contractor to negotiate the terms of any loan
that is secured, whether in whole or in part, by the residence of the borrower and that is used to finance a home improvement contract or any portion of a home improvement contract. For purposes of this subdivision, “mortgage broker or lender” includes a finance lender licensed pursuant to the California Financing Law (Division 9 (commencing with Section 22000) of the Financial Code), a residential mortgage lender licensed pursuant to the California Residential Mortgage Lending Act (Division 20 (commencing with Section 50000) of the Financial Code), or a real estate broker licensed under the Real Estate Law (Division 4 (commencing with Section 10000) of the Business and Professions Code).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
This section shall not be construed to either authorize or prohibit a home improvement contractor from referring a consumer to a mortgage broker or lender by this subdivision. However, a home improvement contractor may refer a consumer to a mortgage lender
or broker if that referral does not violate Section 7157 of the Business and Professions Code or any other law. A mortgage lender or broker may purchase an executed home improvement contract if that purchase does not violate Section 7157 of the Business and Professions Code or any other law. Nothing in this paragraph shall have any effect on the application of Chapter 1 (commencing with Section 1801) of Title 2 to a home improvement transaction or the financing of a home improvement transaction.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
As of July 1, 2025, any disclosure, advertisement, or notice that is required to be “clearly” or “clearly and conspicuously” made must have text that is “clear and conspicuous,” as defined in subdivision (u) of Section 1791.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
This section shall become operative on July 1, 2024.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_9DF5B0C8-8725-49B1-94CD-1F58013EE1F3">
<ns0:Num>SEC. 3.</ns0:Num>
<ns0:Content>
<html:p>The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.</html:p>
</ns0:Content>
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