text: The lien claimant shall provide written notice to secured creditors at least 30 days prior to enforcing the claim of lien. For purposes of this section, “secured creditors” means any entity named as a secured party in the financing statement filed with regard to the debtor and which covers returned equipment.

history: (History: Added by Stats. 1992, Ch. 1271, Sec. 1. Effective January 1, 1993.)


kind: section

code: BPC

text: The lien claimant shall foreclose on a lien created by this chapter only in an action to recover the reasonable or agreed charges. The final judgment shall be enforced pursuant to Title 9 (commencing with Section 680.010) of Part 2 of the Code of Civil Procedure.

division: 8. SPECIAL BUSINESS REGULATIONS

path: 8. SPECIAL BUSINESS REGULATIONS > 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act


text:
(a) When a lien claimant receives payment for the total amounts secured by the lien, the lien claimant shall send the lien debtor a statement relinquishing the security interest under the notice of claim of lien, which shall be identified by the date, names of parties thereto, and file number. If the affected lienholder of record fails to send the termination statement within 10 days, he or she is liable to the debtor for all actual damages suffered by the debtor by reason of this failure, and if that failure is in bad faith, for a penalty of one hundred dollars ($100).

(b) The filing officer shall mark each termination statement with the date and time of the filing and shall index the statement under the name of the lien debtor and under the file number of the original lien. If the filing officer has an electronic microfilm or other photographic record of the lien and related filings, he or she may remove and destroy the originals from the files after receipt of the termination statement. If the filing officer does not have the record, he or she may remove and destroy the originals from the files after one year from the receipt of the termination statement.

history: (History: Amended by Stats. 2005, Ch. 712, Sec. 20. Effective October 7, 2005.)

chapter: 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act


text:
(a) A lien created pursuant to this chapter is assignable or transferable by the holder of the lien, with full rights of enforcement.

(b) The lienholder shall file a statement of assignment or transfer with the office of the Secretary of State in the same manner that a statement is filed pursuant to Section 9514 of the Commercial Code.

history: (History: Amended by Stats. 1999, Ch. 991, Sec. 1.6. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)


text:
(a) Except to the extent specifically set forth in this act, the lien created by this act is subject to Division 9 (commencing with Section 9101) of the Commercial Code.

(b) For the purposes of this act, the following terms have the following meanings:

(1) “Secured party” refers to the dealer, lien creditor, lien claimant, or assignee thereof.

(2) “Debtor” refers to the supplier, lien debtor, or debtor.

(3) “Collateral” refers to the equipment subject to the lien created under this chapter.

(c) A security agreement is not necessary to make an equipment repurchase lien created under this chapter enforceable.

(d) An equipment repurchase lien created under this chapter shall not continue in the repurchased equipment following the disposition thereof.

(e) The right of a dealer to enforce the lien created under this act shall be governed by this act and shall not be governed by Chapter 6 (commencing with Section 9601) of Division 9 of the Commercial Code.

history: (History: Amended by Stats. 2005, Ch. 712, Sec. 21. Effective October 7, 2005.)


text: The Secretary of State may adopt any regulations necessary to carry out his or her duties pursuant to this chapter, including prescribing necessary forms.


text:
(a) In the event of the death or incapacity of the dealer, which in this context shall mean an owner, equal or majority partner, or the majority stockholder of a corporation, operating as a dealer, the supplier shall, at the option of the heirs at law, if the dealer died intestate, or the executor under the terms of the deceased dealer’s last will and testament, if the dealer died testate, repurchase the inventory from the estate as if the supplier had terminated the dealer contract and the inventory repurchase provisions of Section 22905 are applicable. The heirs or executor shall have 180 days from the date of the death of the dealer or majority stockholder to exercise the option under this section. However, nothing in this section shall require the repurchase of inventory, if the heirs or executor and the supplier enter into a new dealer agreement, or if a successor to the dealer is established pursuant to subdivision (b) of Section 22903.1. This section shall be subject to that portion of the dealer contract pertaining to death of the dealer or succession, to the extent the contract is not inconsistent. Nothing in this section shall entitle an heir or personal representative of a deceased dealer or majority stockholder to operate the dealership beyond the 180 days provided for in this subdivision without the consent of the supplier.

(b) The provisions of this section shall be supplemental to any agreement between the dealer and the supplier covering the return of equipment, attachments, and repair parts. Notwithstanding anything contained in this section, the rights of a supplier to charge back to the dealer’s account amounts previously paid or credited as a discount incident to the dealer’s purchase of inventory shall not be affected. Further, any repurchase shall not be subject to the provisions of the bulk sales law.

history: (History: Amended by Stats. 2005, Ch. 712, Sec. 22. Effective October 7, 2005.)


text: Any dealer may bring an action against a supplier in any court of competent jurisdiction for damages sustained by the dealer as a consequence of the supplier’s violation of any provisions of this chapter, together with costs and reasonable attorney’s fees. The dealer may also be granted injunctive relief against unlawful termination, cancellation, nonrenewal, and change in competitive circumstances. The remedies set forth in this action shall not be deemed exclusive and shall be in addition to any other remedies permitted by law. This section is not intended to affect current law pertaining to product liability actions.

history: (History: Amended by Stats. 2005, Ch. 712, Sec. 23. Effective October 7, 2005.)


text: If any provision of this act or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.

history: (History: Amended by Stats. 2005, Ch. 712, Sec. 24. Effective October 7, 2005.)


text:
This act shall apply to dealer contracts in effect on the effective date of this act that have no expiration date and that are continuing contracts, and all other dealer contracts entered into or renewed on or after the effective date of this act.

A provision in any contract or agreement with respect to a supplier that requires jurisdiction or venue or forum outside of this state or requires the application of the laws of another state is void with respect to a claim otherwise enforceable under this act.

history: (History: Amended by Stats. 2005, Ch. 712, Sec. 25. Effective October 7, 2005.)


text:
(a) The Legislature finds and declares that unilateral termination, suspension, or restriction of equipment interchange rights of a motor carrier shall not result from intermodal marine terminal or intermodal marine container provider actions as specified in subdivision (b).

(b) An intermodal marine container provider or intermodal marine terminal operator shall not commence or continue free time or impose per diem, detention, demurrage, extended dwell, or charges of a similar kind or character on a motor carrier, beneficial cargo owner, or other intermediary relative to transactions involving cargo shipped by intermodal transport under any of the following circumstances:

(1) When the intermodal marine or terminal truck gate is closed during posted normal working hours. No per diem, detention, or demurrage charges shall be imposed on a holiday, or during a labor disruption period, or during any other period involving an act of God or any other planned or unplanned action that closes the truck gate.

(2) When the intermodal marine container provider decides to divert equipment from the original interchange location without 48 hours’ electronic or written notification to the motor carrier.

(3) When the intermodal marine terminal is assessed a fine pursuant to Section 40720 of the Health and Safety Code.

(4) When the intermodal chassis is out of compliance pursuant to Section 34505.9 of the Vehicle Code or the equipment is placed out of service in such a manner as to result in a per diem, detention, or demurrage charge.

(5) When a loaded container is not available for pickup when the motor carrier arrives at the intermodal marine terminal, or the area within the marine terminal containing the cargo or equipment is closed or otherwise inaccessible.

(6) When the intermodal marine terminal is too congested to accept the container and turns away the motor carrier.

(7) When the motor carrier documents an unsuccessful attempt to make an appointment for either a loaded or empty container transaction at the intermodal marine terminal and no other appointments were available for that transaction within the following windows:

(A) For appointment attempts during an intermodal marine terminal’s posted first shift hours, no other appointments were available.

(B) For appointment attempts during an intermodal marine terminal’s posted second shift hours, no other appointments were available.

(C) If the intermodal marine terminal does not post shift hours, then the window applicable to subparagraph (A) shall be 7:00 a.m. to 4:59 p.m., inclusive, and the window applicable to subparagraph (B) shall be 5:00 p.m. to 3:00 a.m., inclusive.

(8) When an intermodal marine container provider or intermodal marine terminal has unilaterally imposed transaction restrictions, such as single or dual transaction, chassis matching, or empty container requirements that prevent a transaction and failed to provide a return location or other conditions that impede the motor carrier’s ability to pick up or terminate intermodal marine containers.

(9) When a return or delivery of an intermodal container is delayed because a booked vessel’s receiving date changes.

(10) When the obstacle to the cargo retrieval or return of equipment is within the scope of responsibility of the carrier or their agent and beyond the control of the invoiced or contracting party.

(c) An intermodal marine container provider shall not take any of the following actions:

(1) Charge back, deduct, or offset per diem charges, maintenance and repair charges, or peak hour pricing from a motor carrier’s freight bill.

(2) Unilaterally terminate, suspend, or restrict the equipment interchange rights of a motor carrier or driver that uses the dispute resolution process contained in the Uniform Intermodal Interchange and Facilities Access Agreement to contest a charge, fee, or fine, including a charge for maintenance and repairs imposed by the intermodal marine container provider, while the dispute resolution process is ongoing.

(3) Unilaterally terminate, suspend, or restrict the equipment interchange rights of a motor carrier for late payment of an undisputed invoice from the intermodal marine container provider, provided that the payment is no more than 60 days late.

(4) Unilaterally terminate, suspend, or restrict the equipment interchange rights of a motor carrier or driver for parking tickets issued by the intermodal marine terminal unless the tickets remain unpaid more than 60 days after being in receipt of the driver or motor carrier. No parking tickets shall be issued by the intermodal marine terminal to a driver or motor carrier for a parking violation if the assigned spot was occupied and the trouble window or terminal administration was unable to immediately provide a place to park, or if the driver was instructed to park the equipment in a different spot by intermodal marine terminal personnel or security.

(5) Willfully attempt to circumvent any provisions of this section or to fail, for any reason other than what is specified in the governing port tariff, to collect demurrage when due and payable and when consistent with this section. A motor carrier shall not be liable for any portion of demurrage when an intermodal container is not picked up during free time.

(6) Commence or continue free time if cargo is unavailable for retrieval and timely notice of cargo availability has not been provided.

(7) If a loaded container is not made available for pickup when a motor carrier arrives at the intermodal marine terminal, and all current charges have been paid, the intermodal marine terminal operator or intermodal marine container provider shall not impose any further cargo demurrage charges on the motor carrier, beneficial cargo owner, or other intermediary.

(d) Any provisions in this section related to acts at intermodal marine terminals shall be applied to acts at satellite facilities.

(e) As used in this chapter:

(1) “Closed” means that the terminal is not open or available to receive equipment. The marine terminal shall have posted working hours, and “closed” shall mean that the terminal is not open to release or accept equipment during those posted working hours.

(2) “Divert equipment” means the motor carrier has been directed to return the equipment to a location different from the location where the equipment was picked up by the motor carrier.

(3) “Free time” means the time period offered by the intermodal marine container provider free of charge, beyond which additional charges, including per diem, detention, demurrage, extended dwell, or charges of a similar kind or character, are to be applied.

(4) “Intermodal marine container provider” means the entity authorizing delivery or receipt of physical possession of the container with a motor carrier, beneficial cargo owner, or other intermediary.

(5) “Intermodal marine terminal” means a marine terminal that engages in discharging or receiving equipment owned, operated, or controlled by an equipment provider. “Intermodal marine terminal” shall not include a local, municipal, or special district public agency seaport.

(6) “Motor carrier” has the same meaning as defined in Section 408 of the Vehicle Code.

(7) “Per diem,” “detention,” or “demurrage” means a charge imposed by an intermodal marine container provider or marine terminal operator for late return or pickup of an empty or a loaded intermodal container.

(8) “Satellite facility” means an intermodal yard, that is not a marine terminal, within the same local commercial territory that supports operations of an intermodal marine container provider or intermodal marine terminal.

(9) “Shall not commence or continue free time or impose per diem, detention, demurrage, extended dwell, or charges of a similar kind or character on a motor carrier, beneficial cargo owner, or other intermediary” shall apply to the day or days in question that an occurrence referenced in subdivision (b) took place.

(10) “Written or electronic notification” means any communication by postal letter, facsimile, electronic mail, or other electronic notification.

(f) (1) Where provisions of this section are addressed by future federal law or regulation, and the federal law or regulation permits states to exceed the requirements set forth in the federal law or regulation, the more stringent provision shall govern.

(2) It is further not the intent of the Legislature to establish a reasonableness test under Section 41102 of Title 46 of the United States Code, as in effect on June 16, 2022, for the agreement by commercial entities to rates, charges, or service requirements.

(g) The provisions of this section are severable. If any provision of this section 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.

history: (History: Amended by Stats. 2022, Ch. 868, Sec. 1. (AB 2406) Effective January 1, 2023.)

chapter: 28.5. Intermodal Marine Terminals

path: 8. SPECIAL BUSINESS REGULATIONS > 28.5. Intermodal Marine Terminals


text:
(a) If a nonprofit organization engaged in any solicitation of personal property or sales solicitation for charitable purposes, or a commercial fundraiser, as defined in Section 12599 of the Government Code, solicits the donation of personal property for charitable purposes, the donation of which may be deductible pursuant to Section 17201 of the Revenue and Taxation Code, and the nonprofit organization or commercial fundraiser states either in writing or verbally the percentage of the donation that will be available or used for charitable purposes, the nonprofit organization or commercial fundraiser shall calculate, on an annual basis, that percentage based on the gross amount received from the disposition of the property, and the net amount paid to the charity for its programs, after subtracting the cost incurred by the nonprofit organization, the commercial fundraiser, or any other entity acting on behalf of the nonprofit organization to solicit, acquire, modify, and dispose of the property and any net income retained by the commercial fundraiser or any other entity acting on behalf of the nonprofit organization.

(b) If a person donates a motor vehicle, aircraft, or vessel to a nonprofit organization engaged in any solicitation or sales solicitation for charitable purposes or to a commercial fundraiser for charitable purposes, as defined in Section 12599 of the Government Code, and the donation may be deductible pursuant to Section 17201 of the Revenue and Taxation Code, the nonprofit organization or commercial fundraiser shall send the donor a receipt for that property within 90 days from the date of the donation. The receipt shall describe the donated property in terms of its model, age, level of use, including, but not limited to, the mileage, in the case of a vehicle, and condition, and whether a visual inspection by the nonprofit organization or commercial fundraiser, or a representative of the nonprofit organization or commercial fundraiser, indicated that there were any readily apparent defects that would materially reduce the value of the property. The receipt shall also include the date the donation was made and shall indicate whether the property was operable or inoperable at the time of the donation.

(c) If the donated property is sold prior to the issuance of the receipt described in subdivision (b), the receipt issued pursuant to subdivision (b) shall also include all of the following:

(1) The date the property was sold.

(2) If the property was sold to a dismantler, the amount paid to the nonprofit organization or commercial fundraiser for the property.

(3) If the property was altered subsequent to the donation and the alteration affected the value of the property, a statement that the property was altered and whether the alteration increased or decreased the value of the property.

(d) The nonprofit organization or the commercial fundraiser shall retain a copy of the receipt for its records.

(e) The provisions of this section are severable. If any provision of this section 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.

history: (History: Added by Stats. 1998, Ch. 348, Sec. 1. Effective January 1, 1999.)

chapter: 29. Donated Property

path: 8. SPECIAL BUSINESS REGULATIONS > 29. Donated Property


text: It shall be unlawful for any business to use words expressly referencing an individual’s marital status as part of the individual’s mailing address on a billing statement, related correspondence, enclosing envelope, or any solicitation for new business. This shall not prohibit the use of the prefix “Mr.,” “Mrs.,” “Ms.,” or “Miss.”

history: (History: Added by Stats. 1999, Ch. 343, Sec. 1. Effective January 1, 2000.)

chapter: 30. Billing Practices

path: 8. SPECIAL BUSINESS REGULATIONS > 30. Billing Practices


text: Any violation of this chapter shall be punishable by a civil penalty of up to two hundred fifty dollars ($250) for each violation.


text:
(a) A person who manufactures a foil balloon in this state shall comply with all of the following:

(1) Permanently mark each foil balloon with a printed statement, written in a legible font size and located in a conspicuous area on the foil balloon, that warns the consumer of at least one of the following:

(A) The dangers of releasing balloons that may come into contact with overhead power lines.

(B) If the foil balloon is manufactured to meet the requirements described in subdivision (d), the consumer’s responsibilities when disposing of foil balloons.

(2) Permanently mark each foil balloon with the identity of the manufacturer.

(3) Permanently mark each foil balloon that it is in compliance with this section if the foil balloon is manufactured to meet the requirements described in subdivision (d). Markings prescribed under the final standard by the Institute of Electrical and Electronics Engineers (IEEE) shall be considered a suitable mark.

(b) A person who sells or distributes a foil balloon that is filled with lighter-than-air gas in this state shall comply with both of the following:

(1) The person shall affix an object of sufficient weight to each foil balloon or its appurtenance to counter the lift capability of the foil balloon.

(2) The person shall not attach the foil balloon to an electrically conductive string, tether, or streamer, to a balloon constructed of electrically conductive material, or to any other electrically conductive object.

(c) This section shall not apply to manned hot air balloons or to balloons used in governmental or scientific research projects.

(d) A person that sells, offers for sale, or manufactures for sale, in this state, any foil balloon shall ensure that those foil balloons pass a standard test, as determined by an accredited testing facility capable of high-voltage testing.

(1) (A) The standard test shall be the IEEE 2845 standard when that standard is approved by the IEEE.

(B) The standard test shall be approved when the IEEE does all of the following:

(i) Publishes an interim standard.

(ii) Completes its trial of the interim standard.

(iii) Publishes the final approved standard, following materially substantive adjustments, if any, to the interim standard.

(2) This requirement is subject to the following phase-in period:

(A) At least 25 percent of the person’s foil balloons shall comply no later than one year from the commencement date.

(B) At least 55 percent of the person’s foil balloons shall comply no later than two years from the commencement date.

(C) At least 80 percent of the person’s foil balloons shall comply no later than three years from the commencement date.

(D) One hundred percent of the person’s foil balloons shall comply no later than four years from the commencement date.

(e) Following the completion of the phase-in period outlined in subdivision (d) and notwithstanding any other law, a person shall not sell, offer for sale, or manufacture for sale, in this state, any foil balloon, unless the balloon complies with this section.

(f) (1) All of the following dates and time periods shall be tolled when a serious development, manufacturing, production, or supply chain issue, or force majeure, occurs:

(A) The commencement date.

(B) The phase-in period outlined in paragraph (2) of subdivision (d).

(C) The prohibition against selling, offering for sale, and manufacturing for sale outlined in subdivision (e).

(2) Tolling shall last for a period of 24 months or until the serious development, manufacturing, production, or supply chain issue, or force majeure, is resolved, whichever occurs first.

(3) A serious development, manufacturing, production, or supply chain issue, or force majeure, shall be deemed to have occurred if both of the following are satisfied:

(A) The issue is outside of the control of the business that develops, manufactures, produces, or sells foil balloons.

(B) The issue makes it infeasible to develop, manufacture, produce, or sell foil balloons that otherwise would be subject to the requirement of paragraph (1) of subdivision (a).

(g) For the purposes of this section, the following terms apply:

(1) “Commencement date” means the date on which the IEEE approves the final standard for testing foil balloons at a level of electric distribution voltages without causing an electrical fault and all of the requirements of subparagraph (B) of paragraph (1) of subdivision (d) are met, or January 1, 2027, whichever is later.

(2) “Foil balloon” means a balloon that is constructed of electrically conductive material.

(3) “Infeasible” means incapable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors.

(4) “Phase-in period” means the gradual phase in of the restrictions on the sale, offer for sale, and manufacture for sale, in this state, of a foil balloon following the commencement date, as set forth in subdivision (d).

(5) “Person” means any individual, association, organization, partnership, business trust, limited liability company, corporation, or other entity.

history: (History: Amended by Stats. 2022, Ch. 401, Sec. 1. (AB 847) Effective January 1, 2023.)

chapter: 31. Electrically Conductive Balloons

path: 8. SPECIAL BUSINESS REGULATIONS > 31. Electrically Conductive Balloons


text:
(a) A person who violates or attempts to violate Section 22942 may be enjoined in any court of competent jurisdiction.

(b) (1) A person who has violated Section 22942 is liable for a civil penalty in the amount of fifty dollars ($50) for each foil balloon that was sold, offered for sale, manufactured for sale, or distributed in violation of Section 22942. This civil penalty shall not exceed two thousand five hundred dollars ($2,500) per day for a totality of violations of Section 22942, in addition to any other penalty established by law. This civil penalty may be assessed and recovered in a civil action brought in any court of competent jurisdiction.

(2) In assessing the amount of a civil penalty for a violation of this chapter, the court shall consider all of the following:

(A) The nature and extent of the violation.

(B) The number and severity of the violations.

(C) The economic effect of the penalty on the person who violated Section 22942.

(D) The person’s annual revenue in both balloon sales and total sales.

(E) Whether the person who violated Section 22942 took good faith measures to comply with Section 22942 and when these measures were taken.

(F) The deterrent effect that the imposition of the penalty would have on both the person who violated Section 22942 and the regulated community as a whole.

(G) The willfulness of the persons responsible for the violation.

(H) Any other factors that justice may require.

(c) Actions pursuant to this section may be brought by the Attorney General in the name of the people of the state, by a district attorney, by a city attorney, or by a city prosecutor in a city or city and county having a full-time city prosecutor.

(d) Civil penalties collected pursuant to this section shall be paid to the office of the city attorney, city prosecutor, district attorney, or Attorney General, whichever office brought the action.

history: (History: Added by Stats. 2022, Ch. 401, Sec. 2. (AB 847) Effective January 1, 2023.)


text:
For purposes of this chapter, the following definitions apply:

(a) “Advertisement” means an advertisement about, or an offer of, the sale of cannabis or a cannabis product.

(b) “Business information” means an internet website, mobile application, address, or telephone number through which a seller offers to sell, or a consumer makes a purchase of, cannabis or a cannabis product.

(c) “Cannabis” has the same meaning as that term is defined in Section 26001.

(d) “Cannabis product” has the same meaning as “cannabis products” as defined in Section 26001.

(e) “Clear and conspicuous” means in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks that call attention to the language. The Attorney General may promulgate regulations further defining clear and conspicuous.

(f) “License” means a license issued by the Department of Cannabis Control pursuant to Division 10 (commencing with Section 26000).

(g) “Online cannabis marketplace” means an internet website, online service, online application, or mobile application, or a portion thereof, including a social media platform, as defined in Section 1798.99.20 of the Civil Code, that does any of the following in California:

(1) Transmits or otherwise communicates between a third-party seller and consumer an offer for the sale of cannabis or a cannabis product that is accepted by the consumer.

(2) Offers for sale cannabis or a cannabis product.

(3) Connects a third-party seller of cannabis or cannabis products and a consumer.

(h) “Third-party seller” means a person or entity, independent of an online marketplace, who sells, offers to sell, or contracts with an online marketplace to sell a product in the state by or through an online marketplace.

history: (History: Added by Stats. 2025, Ch. 411, Sec. 2. (SB 378) Effective January 1, 2026. Operative July 1, 2026, pursuant to Section 22943.6.)

chapter: 31.3. Online Cannabis Marketplaces

path: 8. SPECIAL BUSINESS REGULATIONS > 31.3. Online Cannabis Marketplaces


text:
(a) An online cannabis marketplace shall address in its terms of service both of the following:

(1) Whether the online cannabis marketplace permits advertisements from, or business information about, unlicensed sellers of cannabis or cannabis products to be viewed by Californians on its marketplace.

(2) Whether the online cannabis marketplace verifies that a seller of cannabis or cannabis products has a valid, unexpired license by consulting the license look-up function on the Department of Cannabis Control’s internet website established pursuant to Section 26012.5 before displaying, storing, or hosting the seller’s advertisements or business information in a manner that is viewable to Californians.

(b) (1) An online cannabis marketplace shall establish a clear and conspicuous mechanism within its internet-based service that allows any individual, whether or not that individual has a profile on the internet-based service or is a user, to report to the online cannabis marketplace the display, storing, or hosting on the marketplace of advertisements from, or business information about, an unlicensed seller of cannabis or cannabis products.

(2) The mechanism required by this subdivision shall meet all of the following criteria:

(A) The mechanism shall allow, but not require, an individual to do both of the following:

(i) Upload a screenshot of the content that offers evidence of advertisements from, or business information about, the unlicensed seller on the marketplace.

(ii) Provide the marketplace with basic identifying information, such as an account identifier or URL, sufficient to permit marketplace to locate the reported material.

(B) The mechanism shall include, but not be limited to, a method for the marketplace to contact a reporting individual in writing, including a telephone number for purposes of sending text messages, an email address, or another reasonable electronic method of communication.

(C) The mechanism shall provide, within 36 hours of receipt of a report, a written confirmation to the reporting individual that the marketplace has received that individual’s report.

(D) (i) The mechanism shall provide periodic written updates to the reporting individual as to the status of the marketplace’s handling of the reported material using the method of communication pursuant to subparagraph (B).

(ii) The first written update required by clause (i) shall be provided as soon as reasonably feasible but no later than 14 days after the date on which the written confirmation required under subparagraph (C) is provided. Subsequent written updates shall be provided as soon as reasonably feasible but no later than 14 days after the most recent written update provided pursuant to this clause, until the final written determination required by subparagraph (F).

(E) Each report shall receive a review by a natural person.

(F) (i) The mechanism shall issue a final written determination to the reporting individual within 30 days of receiving the report. The final written determination shall state one of the following:

(I) The report has provided evidence that an advertisement from, or business information about, an unlicensed seller of cannabis or cannabis products was displayed, stored, or hosted on the marketplace and the seller’s advertisements and business information have been blocked from being viewable on the marketplace.

(II) The report has provided evidence that an advertisement from, or business information about, an unlicensed seller of cannabis or cannabis products was or is displayed, stored, or hosted on the marketplace and the seller’s advertisements and business information will not be blocked from being viewable on the marketplace. The final written determination issued pursuant to this subclause shall also state that the marketplace acknowledges that it is aware that the seller is unlicensed and whether the marketplace has referred the report to a law enforcement agency. If the marketplace has referred the report to a law enforcement agency, the final written determination shall provide a true and correct copy of the report that the marketplace made to the law enforcement agency.

(III) The report lacks evidence that the identified seller of cannabis or cannabis products who was or is displayed, stored, or hosted on the marketplace is unlicensed and the seller’s advertisements and business information will not be blocked from being viewable on the marketplace.

(IV) The report lacks evidence that the identified seller of cannabis or cannabis products whose advertisement or business information was or is displayed, stored, or hosted on the marketplace is unlicensed and the seller’s advertisements and business information will be blocked from being viewable on the marketplace for reasons unrelated to the seller’s licensing status.

(V) The report lacks evidence that an advertisement or business information of a seller of cannabis or cannabis products was displayed, stored, or hosted on the marketplace.

(ii) If the marketplace cannot comply with clause (i) within 30 days due to circumstances beyond the reasonable control of the marketplace, the marketplace shall comply with clause (i) no later than 60 days after the date on which the report was received. If this clause applies, the marketplace shall promptly provide written notice of the delay, no later than 48 hours from the time the marketplace knew the delay was likely to occur, to the reporting individual.

(c) This section shall not be interpreted to prohibit any individual from reporting activity by an unlicensed seller of cannabis or cannabis products without the use of the mechanism established in subdivision (b).

(d) (1) Any online cannabis marketplace that violates a requirement of this section shall be liable for a civil penalty of not more than ten thousand dollars ($10,000) for each violation and for compensatory damages, punitive damages, and any civil remedies, penalties, or sanctions for harms caused by the marketplace’s failure to comply with this chapter, which damages shall be adjudicated and awarded apart from any harms attributable to the existence of the reported content alone.

(2) Any person may bring an action to enforce this section. In addition to other equitable relief, the court may order injunctive relief to obtain compliance with this section and shall award reasonable attorney’s fees and costs to the prevailing plaintiff.

(3) A person shall not bring an action to enforce paragraph (2) of subdivision (b) if the marketplace, upon receipt of the advertisement or business information through the mechanism, removes the reported advertisement or business information within 48 hours.

(4) It is not a violation of paragraph (2) of subdivision (b) if the marketplace, upon receipt of the report, removes the reported advertisement or business information within 48 hours.

(5) Each day an online cannabis marketplace is in violation of a requirement of this section constitutes a separate violation.

(e) The duties and obligations imposed by this section are cumulative with any other duties or obligations imposed under other law and shall not be construed to relieve any party from any duties or obligations imposed under other law.


text:
(a) If an online cannabis marketplace does not verify that a seller of cannabis or cannabis products is licensed as described in paragraph (2) of subdivision (a) of Section 22943.2, the online cannabis marketplace shall, immediately after a consumer has accessed the marketplace, interpose a clear and conspicuous graphic that a consumer must acknowledge and click through before viewing or engaging with the marketplace. The graphic shall warn the consumer that the marketplace may be displaying, storing, or hosting unlicensed sellers of cannabis or cannabis products.

(b) Any person who identifies an online cannabis marketplace that displays, stores, or hosts an advertisement from, or business information about, an unlicensed seller of cannabis or cannabis products in violation of subdivision (a) may initiate an action to enforce subdivision (a). A person who prevails in such an action shall be entitled to both of the following:

(1) Reasonable attorneys’ fees and costs.

(2) A civil penalty of up to two hundred fifty thousand dollars ($250,000).

(c) An online cannabis marketplace that violates an injunction requiring compliance with this section shall be prohibited from operating in California until a receiver appointed by the court issuing the injunction affirms to the court that the marketplace is in compliance. In any action to enforce an injunction requiring compliance with this section, the party obtaining enforcement shall be entitled to an award of its reasonable attorneys’ fees and costs and a civil penalty of up to five hundred thousand dollars ($500,000).

(d) This section shall not be construed as prohibiting a public prosecutor, as described in Section 17204, from bringing an appropriate action to enforce this section.


text: This chapter shall become operative on July 1, 2026.

history: (History: Added by Stats. 2025, Ch. 411, Sec. 2. (SB 378) Effective January 1, 2026.)


text:
For purposes of this chapter, the following definitions apply:

(a) “Advertisement” means an advertisement about, or an offer of, a sale of an intoxicating hemp product.

(b) “Business information” means an internet website, mobile application, address, or telephone number through which a seller offers to sell, or a consumer makes a purchase of, an intoxicating hemp product.

(c) “Clear and conspicuous” means in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks that call attention to the language. The Attorney General may promulgate regulations further defining clear and conspicuous.

(d) “Industrial hemp product” has the same meaning as that term is defined in subdivision (g) of Section 111920 of the Health and Safety Code.

(e) “Inhalable hemp product” includes any hemp product that can be used by inhalation, including, but not limited to, hemp flower, hemp prerolls, hemp vaping cartridges, liquids, or prefilled devices, hemp shatter, wax, budder, or other hemp derived concentrates that can be used for inhalation.

(f) “Intoxicating hemp product” means either of the following:

(1) A hemp product whose THC concentration exceeds the amounts allowable under the Sherman Food, Drug, and Cosmetic Law (Part 5 (commencing with Section 109875) of Division 104 of the Health and Safety Code) or any rules or regulations adopted thereunder, and is unlawful to sell without a license.

(2) An inhalable hemp product with a detectable THC concentration, and is unlawful to sell without a license.

(g) “Licensed” means licensed pursuant to Division 10 (commencing with Section 26000).

(h) “Online hemp marketplace” means an internet website, online service, online application, or mobile application, or a portion thereof, including a social media platform, as defined in Section 1798.99.20 of the Civil Code, that, as applied to products containing hemp for human consumption, including, but not limited to, cosmetics, food, food additives, dietary supplements, or lotions, does any of the following in California:

(1) Transmits or otherwise communicates between a third-party seller and consumer an offer for the sale of an intoxicating hemp product that is accepted by the consumer.

(2) Offers for sale an intoxicating hemp product.

(3) Connects a third-party seller of an intoxicating hemp product and a consumer.

(i) “Third-party seller” means a person or entity, independent of an online marketplace, who sells, offers to sell, or contracts with an online marketplace to sell a product in the state by or through an online marketplace.

history: (History: Added by Stats. 2025, Ch. 411, Sec. 3. (SB 378) Effective January 1, 2026. Operative July 1, 2026, pursuant to Section 22944.4.)

chapter: 31.4. Online Hemp Marketplaces

path: 8. SPECIAL BUSINESS REGULATIONS > 31.4. Online Hemp Marketplaces


text:
(a) (1) An online hemp marketplace shall establish a clear and conspicuous mechanism within its internet-based service that allows any individual, whether or not that individual has a profile on the internet-based service or is a user, to report to the online hemp marketplace the existence on the marketplace of an advertisement of an intoxicating hemp product.

(2) The mechanism required by this subdivision shall meet all of the following criteria:

(A) The mechanism shall allow, but not require, an individual to do both of the following:

(i) Upload a screenshot of the content that offers evidence of an offer of a sale of an intoxicating hemp product on the marketplace.

(ii) Provide to the online hemp marketplace basic identifying information, such as an account identifier or URL, sufficient to permit the marketplace to locate the reported material.

(B) The mechanism shall include, but not be limited to, a method for the online hemp marketplace to contact a reporting individual in writing, including a telephone number for purposes of sending text messages, an email address, or another reasonable electronic method of communication.

(C) The mechanism shall provide, within 36 hours of receipt of a report, a written confirmation to the reporting individual that the marketplace has received that individual’s report.

(D) (i) The mechanism shall provide periodic written updates to the reporting individual as to the status of the marketplace’s handling of the reported material using the method of communication pursuant to subparagraph (B).

(ii) The first written update required by clause (i) shall be provided as soon as reasonably feasible but no later than 14 days after the date on which the written confirmation required under subparagraph (C) is provided. Subsequent written updates shall be provided as soon as reasonably feasible but no later than 14 days after the most recent written update provided pursuant to this clause, until the final written determination required by subparagraph (F).

(E) Each report shall receive a review by a natural person.

(F) (i) The mechanism shall issue a final written determination to the reporting individual within 30 days of receiving the report. The final written determination shall state one of the following:

(I) The report has provided evidence that an advertisement of an intoxicating hemp product was displayed, stored, or hosted on the marketplace and the seller’s advertisements and business information have been blocked from being viewable on the marketplace.

(II) The report has provided evidence that an advertisement of an intoxicating hemp product was or is displayed, stored, or hosted on the marketplace and the seller’s advertisements and business information will not be blocked from being viewable on the marketplace. The final written determination issued pursuant to this subclause shall also state that the marketplace acknowledges that it is aware that the seller is advertising an intoxicating hemp product and whether the marketplace has referred the report to a law enforcement agency. If the marketplace has referred the report to a law enforcement agency, the final written determination shall provide a true and correct copy of the report that the marketplace made to the law enforcement agency.

(III) The report lacks evidence that the identified seller whose advertisement or business information was or is displayed, stored, or hosted on the marketplace was or is advertising an intoxicating hemp product and the seller’s advertisements and business information will not be blocked from being viewable on the marketplace.

(IV) The report lacks evidence that the identified seller whose advertisements and business information was or is displayed, stored, or hosted on the marketplace was or is advertising an intoxicating hemp product and the seller’s advertisements and business information will be blocked from being viewable on the marketplace for reasons unrelated to the reported advertisement of an intoxicating hemp product.

(V) The report lacks evidence that an advertisement of an intoxicated hemp product was or is displayed, stored, or hosted on the marketplace.

(ii) If the marketplace cannot comply with clause (i) within 30 days due to circumstances beyond the reasonable control of the marketplace, the marketplace shall comply with clause (i) no later than 60 days after the date on which the report was received. If this clause applies, the marketplace shall promptly provide written notice of the delay, no later than 48 hours from the time the marketplace knew the delay was likely to occur, to the reporting individual.

(b) This section shall not be interpreted to prohibit any individual from reporting the advertisement of intoxicating hemp without the use of the mechanism established in subdivision (a).

(c) (1) Any online hemp marketplace that violates a requirement of this section shall be liable for a civil penalty of not more than ten thousand dollars ($10,000) for each violation and for compensatory damages, punitive damages, and any civil remedies, penalties, or sanctions for harms caused by the marketplace’s failure to comply with this chapter, which damages shall be adjudicated and awarded apart from any harms attributable to the existence of the reported content alone.

(2) A person may bring an action to enforce this section. In addition to other equitable relief, the court may order injunctive relief to obtain compliance with this section and shall award reasonable attorney’s fees and costs to the prevailing plaintiff.

(3) A person shall not bring an action to enforce paragraph (2) of subdivision (a) if the marketplace, upon receipt of the advertisement or business information through the mechanism, removes the reported advertisement or business information within 48 hours.

(4) It is not a violation of paragraph (2) of subdivision (a) if the marketplace, upon receipt of the report, removes the reported advertisement or business information within 48 hours.

(5) Each day an online hemp marketplace is in violation of a requirement of this section constitutes a separate violation.

(d) The duties and obligations imposed by this section are cumulative with any other duties or obligations imposed under other law and shall not be construed to relieve any party from any duties or obligations imposed under other law.


history: (History: Added by Stats. 2025, Ch. 411, Sec. 3. (SB 378) Effective January 1, 2026.)


text:
(a) For purposes of this chapter, the following definitions apply:

(1) (A) “Content” means statements or comments made by users and media that are created, posted, shared, or otherwise interacted with by users on an internet-based service or application.

(B) “Content” does not include media put on a service or application exclusively for the purpose of cloud storage, transmitting files, or file collaboration.

(2) “Controlled substance” has the same meaning as that term is defined in Section 11007 of the Health and Safety Code.

(3) “Social media platform” means a public or semipublic internet-based service or application that has users in California and that meets both of the following criteria:

(A) (i) A substantial function of the service or application is to connect users in order to allow users to interact socially with each other within the service or application.

(ii) A service or application that provides email or direct messaging services shall not be considered to meet this criterion on the basis of that function alone.

(B) The service or application allows users to do all of the following:

(i) Construct a public or semipublic profile for purposes of signing into and using the service.

(ii) Populate a list of other users with whom an individual shares a social connection within the system.

(iii) Create or post content viewable by other users, including, but not limited to, on message boards, in chat rooms, or through a landing page or main feed that presents the user with content generated by other users.

(4) “Public or semipublic internet-based service or application” excludes a service or application used to facilitate communication within a business or enterprise among employees or affiliates of the business or enterprise, provided that access to the service or application is restricted to employees or affiliates of the business or enterprise using the service or application.

(b) A social media platform that operates in the state shall create, and publicly post on the social media platform’s internet website, a policy statement that includes all of the following:

(1) The social media platform’s policy on the use of the social media platform to illegally distribute a controlled substance.

(2) A general description of the social media platform’s moderation practices that are employed to prevent users from posting or sharing electronic content pertaining to the illegal distribution of a controlled substance. The description shall not include any information that the social media platform believes might compromise operational efforts to identify prohibited content or user activity, or otherwise endanger user safety.

(3) A link to mental health and drug education resources provided by governmental public health authorities.

(4) A link to the social media platform’s reporting mechanism for illegal or harmful content or behavior on the social media platform, if one exists.

(5) A general description of the social media platform’s policies and procedures for responding to law enforcement inquiries, including warrants, subpoenas, and other court orders compelling the production of or access to electronic communication information, as defined in Section 1546 of the Penal Code.

(6) A general description of the social media platform’s policy on the retention of electronic communication information, as defined in Section 1546 of the Penal Code, including how long the platform retains that information.

(7) A general description of the social media platform’s policies and procedures governing when a platform proactively shares relevant information pertaining to the illegal distribution of a controlled substance.

(c) The disclosures required by this section may be posted separately or incorporated within another document or post, including, but not limited to, the terms of service or the community guidelines.

(d) A person or entity operating a social media platform in the state shall do all of the following:

(1) Update the policy statement created pursuant to subdivision (b) as necessary.

(2) Consider consulting with nonprofits, safety advocates, and survivors to assist in developing and supporting the policy statement created pursuant to subdivision (b).

(3) (A) A social media platform shall retain data on content it has taken action to take down or remove for a violation of a policy prohibiting the unlawful sale, distribution, amplification, or otherwise proliferation of controlled substances and related paraphernalia. A social media platform shall retain the content that violated a policy and the username of the violating account at issue for a period of 90 days.

(B) Notwithstanding subparagraph (A), a social media platform is not required to retain content removed in violation of the policy if there is a good faith belief that the content is related to the offering, seeking, or receiving of gender-affirming health care, gender-affirming mental health care, or reproductive health care that is lawful under California law.

history: (History: Amended by Stats. 2023, Ch. 824, Sec. 3. (AB 1027) Effective January 1, 2024. Repealed as of January 1, 2028, pursuant to Section 22945.9.)

path: 8. SPECIAL BUSINESS REGULATIONS > 31.5. Drug Safety Policies on Social Media Platforms


text:
(a) (1) A person may seek an order requiring a social media platform to remove content that includes an offer to transport, import into this state, sell, furnish, administer, or give away a controlled substance in violation of Section 11352 of the Health and Safety Code.

(2) (A) If the social media platform has a reporting mechanism described in paragraph (4) of subdivision (b) of Section 22945, a person shall not bring an action pursuant to paragraph (1) until the person has notified the social media platform of the content and requested that it be removed through the reporting mechanism.

(B) A person may bring an action pursuant to paragraph (1) before 48 hours have passed since providing notice to a social media platform through the reporting mechanism, but the court shall not rule on the request for an order until 48 hours have passed from the provision of notice.

(C) The court may dismiss an action if the social media platform deletes the content relevant to the order sought pursuant to paragraph (1) before 48 hours have passed from the provision of notice under subparagraph (A).

(3) If the social media platform does not have a reporting mechanism described in paragraph (4) of subdivision (b) of Section 22945, a person may bring an action under paragraph (1), and a court may rule on the request for an order, at any time.

(b) (1) A court shall award court costs and reasonable attorney’s fees to a prevailing plaintiff in an action brought pursuant to this section.

(2) Reasonable attorney’s fees may be awarded to a prevailing defendant upon a finding by the court that the plaintiff’s prosecution of the action was not in good faith.

history: (History: Added by Stats. 2023, Ch. 698, Sec. 1. (SB 60) Effective January 1, 2024. Repealed as of January 1, 2028, pursuant to Section 22945.9.)

chapter: 31.5. Drug Safety Policies on Social Media Platforms


text: Nothing in this chapter alters the rights or obligations established in any other law, including, but not limited to, the Electronic Communications Privacy Act (Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code) and the California Consumer Privacy Act of 2018 (Title 1.81.5 (commencing with Section 1798.100) of Part 4 of Division 3 of the Civil Code).

history: (History: Added by Stats. 2023, Ch. 824, Sec. 4. (AB 1027) Effective January 1, 2024. Repealed as of January 1, 2028, pursuant to Section 22945.9.)


text: This chapter shall remain in effect only until January 1, 2028, and as of that date is repealed.

history: (History: Added by Stats. 2023, Ch. 824, Sec. 5. (AB 1027) Effective January 1, 2024. Repealed as of January 1, 2028, pursuant to Section 22945.9. Note: Repeal affects Chapter 31.5, commencing with Section 22945.)


text:
As used in this chapter:

(a) “Law enforcement agency” means a law enforcement agency in the state.

(b) “Law enforcement liaison” means a natural person employed by a social media platform who serves as a point of contact with law enforcement agencies.

(c) “Search warrant” means a search warrant duly executed pursuant to Chapter 3 (commencing with Section 1523) of Title 12 of Part 2 of the Penal Code.

(d) “Social media platform” has the same meaning as defined in Section 22945.

history: (History: Added by Stats. 2024, Ch. 985, Sec. 1. (SB 918) Effective January 1, 2025. Operative July 1, 2025, pursuant to Section 22946.3.)

path: 8. SPECIAL BUSINESS REGULATIONS > 31.6. Social Media Platforms and Law Enforcement


text:
(a) A social media platform shall maintain a law enforcement contact process that does all of the following:

(1) Makes available a staffed hotline for law enforcement personnel for purposes of receiving, and responding to, requests for information.

(2) Provides continual availability of the law enforcement contact process.

(3) Includes a method to provide status updates to a requesting law enforcement agency on a request for information or a warrant provided pursuant to subdivision (b).

(b) (1) Except as provided by any other law, including, but not limited to, the Reproductive Rights Law Enforcement Act (Title 5.7 (commencing with Section 13775) of Part 4 of the Penal Code) and Section 1546.5 of the Penal Code, a social media platform shall comply with a search warrant within 72 hours if both of the following apply:

(A) The search warrant is provided to the social media platform by a law enforcement agency.

(B) The subject of the search warrant is information associated with an account on the social media platform and that information is controlled by a user of the social media platform.

(2) A court may reasonably extend the time required to comply with a search warrant pursuant to this subdivision if the court makes a written finding that the social media platform has shown good cause for that extension and that an extension would not cause an adverse result, as defined in Section 1524.2 of the Penal Code.

chapter: 31.6. Social Media Platforms and Law Enforcement


text: This chapter does not apply to a social media platform with fewer than 1,000,000 discrete monthly users.


text: This chapter shall become operative on July 1, 2025.

history: (History: Added by Stats. 2024, Ch. 985, Sec. 1. (SB 918) Effective January 1, 2025.)


text: This chapter shall be known as and may be cited as the Consumer Protection Against Computer Spyware Act.

history: (History: Added by Stats. 2004, Ch. 843, Sec. 2. Effective January 1, 2005.)

path: 8. SPECIAL BUSINESS REGULATIONS > 32. Consumer Protection Against Computer Spyware Act


text:
For purposes of this chapter, the following terms have the following meanings:

(a) “Advertisement” means a communication, the primary purpose of which is the commercial promotion of a commercial product or service, including content on an Internet Web site operated for a commercial purpose.

(b) “Authorized user,” with respect to a computer, means a person who owns or is authorized by the owner or lessee to use the computer. An “authorized user” does not include a person or entity that has obtained authorization to use the computer solely through the use of an end user license agreement.

(c) “Computer software” means a sequence of instructions written in any programming language that is executed on a computer.

(d) “Computer virus” means a computer program or other set of instructions that is designed to degrade the performance of or disable a computer or computer network and is designed to have the ability to replicate itself on other computers or computer networks without the authorization of the owners of those computers or computer networks.

(e) “Consumer” means an individual who resides in this state and who uses the computer in question primarily for personal, family, or household purposes.

(f) “Damage” means any significant impairment to the integrity or availability of data, software, a system, or information.

(g) “Execute,” when used with respect to computer software, means the performance of the functions or the carrying out of the instructions of the computer software.

(h) “Intentionally deceptive” means any of the following:

(1) By means of an intentionally and materially false or fraudulent statement.

(2) By means of a statement or description that intentionally omits or misrepresents material information in order to deceive the consumer.

(3) By means of an intentional and material failure to provide any notice to an authorized user regarding the download or installation of software in order to deceive the consumer.

(i) “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 subdivision.

(j) “Person” means any individual, partnership, corporation, limited liability company, or other organization, or any combination thereof.

(k) “Personally identifiable information” means any of the following:

(1) First name or first initial in combination with last name.

(2) Credit or debit card numbers or other financial account numbers.

(3) A password or personal identification number required to access an identified financial account.

(4) Social Security number.

(5) Any of the following information in a form that personally identifies an authorized user:

(A) Account balances.

(B) Overdraft history.

(C) Payment history.

(D) A history of Web sites visited.

(E) Home address.

(F) Work address.

(G) A record of a purchase or purchases.

chapter: 32. Consumer Protection Against Computer Spyware Act


text:
A person or entity that is not an authorized user, as defined in Section 22947.1, shall not, with actual knowledge, with conscious avoidance of actual knowledge, or willfully, cause computer software to be copied onto the computer of a consumer in this state and use the software to do any of the following:

(a) Modify, through intentionally deceptive means, any of the following settings related to the computer’s access to, or use of, the Internet:

(1) The page that appears when an authorized user launches an Internet browser or similar software program used to access and navigate the Internet.

(2) The default provider or Web proxy the authorized user uses to access or search the Internet.

(3) The authorized user’s list of bookmarks used to access Web pages.

(b) Collect, through intentionally deceptive means, personally identifiable information that meets any of the following criteria:

(1) It is collected through the use of a keystroke-logging function that records all keystrokes made by an authorized user who uses the computer and transfers that information from the computer to another person.

(2) It includes all or substantially all of the Web sites visited by an authorized user, other than Web sites of the provider of the software, if the computer software was installed in a manner designed to conceal from all authorized users of the computer the fact that the software is being installed.

(3) It is a data element described in paragraph (2), (3), or (4) of subdivision (k) of Section 22947.1, or in subparagraph (A) or (B) of paragraph (5) of subdivision (k) of Section 22947.1, that is extracted from the consumer’s computer hard drive for a purpose wholly unrelated to any of the purposes of the software or service described to an authorized user.

(c) Prevent, without the authorization of an authorized user, through intentionally deceptive means, an authorized user’s reasonable efforts to block the installation of, or to disable, software, by causing software that the authorized user has properly removed or disabled to automatically reinstall or reactivate on the computer without the authorization of an authorized user.

(d) Intentionally misrepresent that software will be uninstalled or disabled by an authorized user’s action, with knowledge that the software will not be so uninstalled or disabled.

(e) Through intentionally deceptive means, remove, disable, or render inoperative security, antispyware, or antivirus software installed on the computer.


text:
A person or entity that is not an authorized user, as defined in Section 22947.1, shall not, with actual knowledge, with conscious avoidance of actual knowledge, or willfully, cause computer software to be copied onto the computer of a consumer in this state and use the software to do any of the following:

(a) Take control of the consumer’s computer by doing any of the following:

(1) Transmitting or relaying commercial electronic mail or a computer virus from the consumer’s computer, where the transmission or relaying is initiated by a person other than the authorized user and without the authorization of an authorized user.

(2) Accessing or using the consumer’s modem or Internet service for the purpose of causing damage to the consumer’s computer or of causing an authorized user to incur financial charges for a service that is not authorized by an authorized user.

(3) Using the consumer’s computer as part of an activity performed by a group of computers for the purpose of causing damage to another computer, including, but not limited to, launching a denial of service attack.

(4) Opening multiple, sequential, stand-alone advertisements in the consumer’s Internet browser without the authorization of an authorized user and with knowledge that a reasonable computer user cannot close the advertisements without turning off the computer or closing the consumer’s Internet browser.

(b) Modify any of the following settings related to the computer’s access to, or use of, the Internet:

(1) An authorized user’s security or other settings that protect information about the authorized user for the purpose of stealing personal information of an authorized user.

(2) The security settings of the computer for the purpose of causing damage to one or more computers.

(c) Prevent, without the authorization of an authorized user, an authorized user’s reasonable efforts to block the installation of, or to disable, software, by doing any of the following:

(1) Presenting the authorized user with an option to decline installation of software with knowledge that, when the option is selected by the authorized user, the installation nevertheless proceeds.

(2) Falsely representing that software has been disabled.

(d) Nothing in this section shall apply to any monitoring of, or interaction with, a subscriber’s Internet or other network connection or service, or a protected computer, by a telecommunications carrier, cable operator, computer hardware or software provider, or provider of information service or interactive computer service for network or computer security purposes, diagnostics, technical support, repair, authorized updates of software or system firmware, authorized remote system management, or detection or prevention of the unauthorized use of or fraudulent or other illegal activities in connection with a network, service, or computer software, including scanning for and removing software proscribed under this chapter.


text:
(a) A person or entity, who is not an authorized user, as defined in Section 22947.1, shall not do any of the following with regard to the computer of a consumer in this state:

(1) Induce an authorized user to install a software component onto the computer by intentionally misrepresenting that installing software is necessary for security or privacy reasons or in order to open, view, or play a particular type of content.

(2) Deceptively causing the copying and execution on the computer of a computer software component with the intent of causing an authorized user to use the component in a way that violates any other provision of this section.

(b) Nothing in this section shall apply to any monitoring of, or interaction with, a subscriber’s Internet or other network connection or service, or a protected computer, by a telecommunications carrier, cable operator, computer hardware or software provider, or provider of information service or interactive computer service for network or computer security purposes, diagnostics, technical support, repair, authorized updates of software or system firmware, authorized remote system management, or detection or prevention of the unauthorized use of or fraudulent or other illegal activities in connection with a network, service, or computer software, including scanning for and removing software proscribed under this chapter.


text: It is the intent of the Legislature that this chapter is a matter of statewide concern. This chapter supersedes and preempts all rules, regulations, codes, ordinances, and other laws adopted by a city, county, city and county, municipality, or local agency regarding spyware and notices to consumers from computer software providers regarding information collection.


text: The provisions of this chapter are severable. If any provision of this chapter 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.


text: This chapter shall be known and may be cited as the Anti-Phishing Act of 2005.

history: (History: Added by Stats. 2005, Ch. 437, Sec. 1. Effective January 1, 2006.)

chapter: 33. Anti-Phishing Act of 2005

path: 8. SPECIAL BUSINESS REGULATIONS > 33. Anti-Phishing Act of 2005


text:
For the purposes of this chapter, the following terms have the following meanings:

(a) “Electronic mail message” means a message sent to a unique destination, commonly expressed as a string of characters, consisting of a unique user name or mailbox (commonly referred to as the “local part”) and a reference to an Internet domain (commonly referred to as the “domain part”), whether or not displayed, to which an electronic message can be sent or delivered.

(b) “Identifying information” means, with respect to an individual, any of the following:

(1) Social security number.

(2) Driver’s license number.

(3) Bank account number.

(4) Credit card or debit card number.

(5) Personal identification number (PIN).

(6) Automated or electronic signature.

(7) Unique biometric data.

(8) Account password.

(9) Any other piece of information that can be used to access an individual’s financial accounts or to obtain goods or services.

(c) “Internet” shall have the meaning as defined in paragraph (6) of subdivision (f) of Section 17538.

(d) “Web page” means a location that has a single uniform resource locator or other single location with respect to the Internet.


text: It shall be unlawful for any person, by means of a Web page, electronic mail message, or otherwise through use of the Internet, to solicit, request, or take any action to induce another person to provide identifying information by representing itself to be a business without the authority or approval of the business.


text:
(a) The following persons may bring an action against a person who violates or is in violation of Section 22948.2:

(1) A person who (A) is engaged in the business of providing Internet access service to the public, owns a Web page, or owns a trademark, and (B) is adversely affected by a violation of Section 22948.2.

An action brought under this paragraph may seek to recover the greater of actual damages or five hundred thousand dollars ($500,000).

(2) An individual who is adversely affected by a violation of Section 22948.2 may bring an action, but only against a person who has directly violated Section 22948.2.

An action brought under this paragraph may seek to enjoin further violations of Section 22948.2 and to recover the greater of three times the amount of actual damages or five thousand dollars ($5,000) per violation.

(b) The Attorney General or a district attorney may bring an action against a person who violates or is in violation of Section 22948.2 to enjoin further violations of Section 22948.2 and to recover a civil penalty of up to two thousand five hundred dollars ($2,500) per violation.

(c) In an action pursuant to this section, a court may, in addition, do either or both of the following:

(1) Increase the recoverable damages to an amount up to three times the damages otherwise recoverable under subdivision (a) in cases in which the defendant has engaged in a pattern and practice of violating Section 22948.2.

(2) Award costs of suit and reasonable attorney’s fees to a prevailing plaintiff.

(d) The remedies provided in this section do not preclude the seeking of remedies, including criminal remedies, under any other applicable provision of law.

(e) For purposes of paragraph (1) of subdivision (a), multiple violations of Section 22948.2 resulting from any single action or conduct shall constitute one violation.


text:
For purposes of this chapter, the following terms have the following meanings:

(a) “Federally unlicensed spectrum” means a spectrum for which the Federal Communications Commission does not issue a specific license to a user, but instead certifies equipment that may be used in a segment of spectrum designated for shared use.

(b) “Small office” means a business with 50 or fewer employees within the company.

(c) “Spectrum” means the range of frequencies over which electromagnetic signals can be sent, including radio, television, wireless Internet connectivity, and every other communication enabled by radio waves.

(d) “Wireless access point” means a device, such as a premises-based wireless network router or a wireless network bridge, that allows wireless clients to connect to it in order to create a wireless network for the purpose of connecting to an Internet service provider.

(e) “Wireless client” means a wireless device that connects to a wireless network for the purpose of connecting to an Internet service provider.

history: (History: Added by Stats. 2006, Ch. 860, Sec. 2. Effective January 1, 2007.)

chapter: 34. Network Security

path: 8. SPECIAL BUSINESS REGULATIONS > 34. Network Security


text:
(a) A device that includes an integrated and enabled wireless access point, such as a premises-based wireless network router or wireless access bridge, that is for use in a small office, home office, or residential setting and that is sold as new in this state for use in a small office, home office, or residential setting shall be manufactured to comply with one of the following:

(1) Include in its software a security warning that comes up as part of the configuration process of the device. The warning shall advise the consumer how to protect his or her wireless network connection from unauthorized access. This requirement may be met by providing the consumer with instructions to protect his or her wireless network connection from unauthorized access, which may refer to a product manual, the manufacturer’s Internet Web site, or a consumer protection Internet Web site that contains accurate information advising the consumer on how to protect his or her wireless network connection from unauthorized access.

(2) Have attached to the device a temporary warning sticker that must be removed by the consumer in order to allow its use. The warning shall advise the consumer how to protect his or her wireless network connection from unauthorized access. This requirement may be met by advising the consumer that his or her wireless network connection may be accessible by an unauthorized user and referring the consumer to a product manual, the manufacturer’s Internet Web site, or a consumer protection Internet Web site that contains accurate information advising the consumer on how to protect his or her wireless network connection from unauthorized access.

(3) Provide other protection on the device that does all of the following:

(A) Advises the consumer that his or her wireless network connection may be accessible by an unauthorized user.

(B) Advises the consumer how to protect his or her wireless network connection from unauthorized access.

(C) Requires an affirmative action by the consumer prior to allowing use of the product.

Additional information may also be available in the product manual or on the manufacturer’s Internet Web site.

(4) Provide other protection prior to allowing use of the device, that is enabled without an affirmative act by the consumer, to protect the consumer’s wireless network connection from unauthorized access.

(b) This section shall only apply to devices that include an integrated and enabled wireless access point and that are used in a federally unlicensed spectrum.

(c) This section shall only apply to products that are manufactured on or after October 1, 2007.


text:
(a) A person or entity shall not provide the operation of a voice recognition feature within this state without prominently informing, during the initial setup or installation of a connected television, either the user or the person designated by the user to perform the initial setup or installation of the connected television.

(b) Any actual recordings of spoken word collected through the operation of a voice recognition feature by the manufacturer of a connected television for the purpose of improving the voice recognition feature, including, but not limited to, the operation of an accessible user interface for people with disabilities, shall not be sold or used for any advertising purpose.

(c) Any actual recordings of spoken word collected through the operation of a voice recognition feature by a third party contracting with a manufacturer for the purpose of improving the voice recognition feature, including, but not limited to, the operation of an accessible user interface for people with disabilities, shall not be sold or used for any advertising purpose.

(d) A person or entity shall not compel a manufacturer or other entity providing the operation of a voice recognition feature to build specific features for the purpose of allowing an investigative or law enforcement officer to monitor communications through that feature.

(e) A manufacturer shall only be liable for functionality provided at the time of the original sale of a connected television and shall not be liable for functionality provided by applications that the user chooses to use in the cloud or are downloaded and installed by a user.

(f) This chapter shall not apply to any product or service provided by a company covered under Section 637.5 of the Penal Code.

history: (History: Added by Stats. 2015, Ch. 524, Sec. 1. (AB 1116) Effective January 1, 2016.)

chapter: 35. Connected Televisions

path: 8. SPECIAL BUSINESS REGULATIONS > 35. Connected Televisions


text:
For purposes of this chapter, the following definitions shall apply:

(a) “Connected television” means a video device designed for home use to receive television signals and reproduce them on an integrated, physical screen display that exceeds 12 inches, except that this term shall not include a personal computer, portable device, or a separate device that connects physically or wirelessly to a television, including, but not limited to, a set-top box, video game console, or digital video recorder.

(b) “User” means a person who originally purchases, leases, or takes ownership of a connected television. A person who is incidentally recorded when a voice recognition feature is activated by a user shall not be deemed to be a user.

(c) “Voice recognition feature” means the function of a connected television that allows the collection, recording, storage, analysis, transmission, interpretation, or other use of spoken words or other sounds, except that this term shall not include voice commands that are not recorded or transmitted beyond the connected television.


text: Any waiver of the provisions of this chapter is contrary to public policy and void and unenforceable.


text:
(a) Actions for relief pursuant to this chapter may be prosecuted exclusively in a court of competent jurisdiction 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. This chapter shall not be deemed to create a private right of action, or limit any existing private right of action.

(b) A court may enjoin a person who knowingly engages, has engaged, or proposes to engage, in a violation of this chapter. The court may make any orders or judgments as may be necessary to prevent a violation of this chapter.

(c) A person who knowingly engages, has engaged, or proposes to engage, in a violation of this chapter shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each connected television sold or leased in violation of this chapter. If the action is brought by the Attorney General, the penalty shall be deposited into the General Fund. If the action is brought by a district attorney, the penalty shall be paid to the treasurer of the county in which the judgment was entered.


text: 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 the state.


text: The provisions of this chapter are severable. If any provision of this chapter or its application are held to be invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.


text:
For purposes of this chapter, the following definitions apply:

(a) “Account manager” means a person or entity that provides an individual an internet-based or app-based user account, or a third party that manages those user accounts on behalf of that person or entity, that has authority to make decisions regarding user access to those user accounts.

(b) (1) “Connected device” means any device, or other physical object that is capable of connecting to the internet, directly or indirectly, and that is assigned an internet protocol address or Bluetooth address or enables a person to remotely obtain data from or send commands to a connected device or account, which may be accomplished through a software application that is designed to be operated on a mobile device, computer, or other technology.

(2) “Connected device” does not include either of the following:

(A) Peripheral or component devices that are solely dependent on a primary connected device for internet connectivity and that cannot be independently accessed, remotely disabled, or disconnected by a user or service provider.

(B) A connected device that is more than 10 years old or is no longer supported by the account manager.

(c) (1) “Covered act” means conduct that constitutes any of the following:

(A) A crime described in Chapter 8 (commencing with Section 236) of Title 8 of Part 1 of the Penal Code.

(B) A crime described in Chapter 1 (commencing with Section 261), Chapter 2 (commencing with Section 270), Chapter 2.5 (commencing with Section 273.8), Chapter 4 (commencing with Section 277), Chapter 5 (commencing with Section 281), Chapter 5.5 (commencing with Section 290), Chapter 7.5 (commencing with Section 311), Chapter 7.6 (commencing with Section 313), or Chapter 8 (commencing with Section 314) of Title 9 of Part 1 of the Penal Code.

(C) An act under federal law, tribal law, or the Uniform Code of Military Justice that is similar to an offense described in subparagraph (A), (B), (D), or (E).

(D) Domestic violence, as defined in Section 6211 of the Family Code.

(E) A misdemeanor described in subdivision (e) of Section 243 of the Penal Code.

(2) Nothing in paragraph (1) shall be construed to require a criminal conviction or any other determination of a court in order for conduct to constitute a covered act.

(d) “Device access” means the ability to remotely control a connected device, remotely change the characteristics of a connected device, or remotely view or manipulate data collected by or through a connected device, by accessing a user account or accounts associated with the connected device. Acts that require device access include, but are not limited to, remotely manipulating an audio system, security system, light fixture, or other home appliance or fixture.

(e) “Device protection request” means a request by a survivor to terminate or disable a perpetrator’s access to a connected device or account, including, but not limited to, the ability of a person to obtain data from or send commands to a connected device or account.

(f) “Perpetrator” means an individual who has committed or allegedly committed a covered act against a survivor or an individual under the care of a survivor.

(g) “Survivor” means an individual who has had a covered act committed, or allegedly committed, against the individual, or who cares for another individual against whom a covered act has been committed or allegedly committed, provided that the individual providing care did not commit or allegedly commit the covered act.

(h) “User account or account” means an account or other means by which a person enrolls in or obtains access to a connected device or online service.

history: (History: Added by Stats. 2025, Ch. 676, Sec. 2. (SB 50) Effective January 1, 2026.)

chapter: 35.5. Connected Devices

path: 8. SPECIAL BUSINESS REGULATIONS > 35.5. Connected Devices


text:
(a) A survivor, or a designated representative of a survivor, may submit a device protection request to an account manager seeking to terminate a perpetrator’s access to a connected device or associated user account.

(b) A device protection request shall include all of the following:

(1) A verification that the perpetrator has committed or allegedly committed a covered act against the survivor or an individual in the survivor’s care, by providing either of the following:

(A) A copy of a signed affidavit from a licensed medical or mental health care provider, licensed military medical or mental health care provider, licensed social worker, victim services provider, or licensed military victim services provider, a temporary restraining order, an emergency protective order, or a protective order lawfully issued pursuant to Section 527.6 of the Code of Civil Procedure, Part 3 (commencing with Section 6240) or Part 4 (commencing with Section 6300) of Division 10 of the Family Code, or Section 136.2 of the Penal Code.

(B) A copy of a police report, statements provided by police, including military police, to magistrates or judges, charging documents, protective or restraining orders, military protective orders, or any other official record that documents the covered act, including a copy of a written report by a peace officer employed by a state or local law enforcement agency acting in the peace officer’s official capacity stating that the individual has filed a report alleging victimization of an act or crime.

(2) Verification of the survivor’s exclusive legal possession or control of the connected device, including, but not limited to, a dissolution decree, temporary restraining order, protective order, domestic violence restraining order, or other document indicating the survivor’s exclusive use care, possession, or control of the connected device.

(3) Identification of the connected device or devices.

(4) Identification of the person that the requester seeks to deny device or account access.

(c) An account manager shall offer a survivor or a designated representative of a survivor the ability to submit a device protection request under subdivision (b) through secure remote means that are easily navigable. Except as specified under subdivision (b), an account manager shall not require a specific form of documentation to submit a device protection request.

(d) Within two business days of receiving a complete device protection request, the account manager shall do one of the following:

(1) Terminate or disable the identified perpetrator’s access to the connected device or user account, and notify the survivor or their representative that access has been successfully denied.

(2) Inform the survivor, in a clear and conspicuous manner, of any methods to reset the device to factory settings or to a similar state that removes all account holders. A reset method is one that does not require the survivor to possess a personal identification number (PIN), password, or other access credential, and shall be available solely by virtue of the survivor’s physical proximity to the device.

(e) An account manager shall clearly describe the process under this section to submit a device protection request, including required documentation and available remedies, on its internet website and any associated mobile application.

(f) An account manager shall not require any of the following as a condition for processing a device protection request:

(1) Payment of a fee, penalty, or other charge for the survivor or a designated representative of the survivor to submit a request, or for the account manager to carry out the request.

(2) Approval of the device protection request by any person who has device or account access that is not the survivor.

(3) An increase in the rate charged for the account if any subscription fee or other recurring charge for account access applies.

(4) Any other requirement not listed under subdivision (b).

(g) An account manager shall not deny a device protection request due to arrears accrued by the account or associated with the connected device.

(h) An account manager shall not notify the perpetrator of the access termination and shall not disclose any data, credentials, or account changes relating to the survivor or any new account created after the perpetrator’s access is removed.

(i) A survivor shall not be financially responsible for any amount incurred or charged to the connected device or associated account by the perpetrator after the perpetrator’s access has been terminated under this chapter.

(j) (1) An account manager and any officer, director, employee, vendor, or agent thereof shall treat any information submitted by a survivor or a designated representative of a survivor under this section as confidential and securely dispose of the information not later than 90 days after receiving the information.

(2) Nothing in paragraph (1) shall be construed to prohibit an account manager from maintaining, for longer than the period specified in that paragraph, a record that verifies that a survivor or a designated representative of a survivor fulfilled the conditions of a device protection request under subdivision (b).


text:
(a) (1) An account manager that fails to deny a perpetrator access in compliance with subdivision (a) of Section 22948.31 or otherwise does not comply with the requirements described in Section 22948.31 shall be deemed in violation of this chapter.

(2) A perpetrator that maintains or exercises device or account access, including by disturbing the peace of the other party, as described in subdivision (c) of Section 6320 of the Family Code, despite having their device or account access denied pursuant to subdivision (a) of Section 22948.31, shall be deemed in violation of this chapter.

(b) (1) Actions for relief pursuant to this chapter may be prosecuted exclusively in a court of competent jurisdiction in a civil action brought by any person injured by the violation or in the name of the people of the State of California by the Attorney General, a district attorney, county counsel, a city attorney, or a city prosecutor.

(2) A court may enjoin a person or entity who engages, has engaged, or proposes to engage in a violation of this chapter. The court may make any orders or judgments as may be necessary to prevent or remedy a violation of this chapter.

(3) A person or entity who engages, has engaged, or proposes to engage in a violation of this chapter shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) per violation for each connected device in violation of this chapter. If multiple violations of this chapter are alleged in any civil action, they shall be specifically alleged, and a court of competent jurisdiction shall make specific findings as to each violation. If the action is brought by the Attorney General, the penalty shall be deposited into the General Fund. If the action is brought by a district attorney or county counsel, the penalty shall be paid to the treasurer of the county in which the judgment was entered. If the action is brought by a city attorney or city prosecutor, the penalty shall be paid to the treasurer of the city in which the judgment was entered. If the action is brought by a person injured by the violation, the penalty shall be awarded to that person.

(c) The prevailing plaintiff in any action commenced under this section shall be entitled to recover court costs and reasonable attorney’s fees.


text:
(a) The duties and obligations imposed by this chapter are cumulative with any other duties or obligations imposed under other law, and shall not be construed to relieve any party from any duties or obligations imposed under other law.

(b) 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 the state.


text: Notwithstanding any other provision of this chapter, any entity that is subject to the federal Safe Connections Act of 2022 (Public Law 117-223) or regulations of the Federal Communications Commission adopted pursuant to the authority of that law, shall not be subject to this chapter.


text: Notwithstanding any other provision of this chapter, an entity that is subject to Chapter 6 (commencing with Section 28200) of Division 12 of the Vehicle Code shall not be subject to this chapter.


text: The provisions of this chapter are severable. If any provision of this chapter 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.


text:
(a) A manufacturer of a new motor vehicle model that is equipped standard with one or more in-vehicle cameras that is sold or leased in this state shall disclose that fact in the owner’s manual for the vehicle. If a vehicle is equipped with one or more in-vehicle cameras and the camera does not come standard with the vehicle model, the manufacturer shall disclose that the vehicle is equipped with one or more in-vehicle cameras in a document sent to the dealer of the vehicle, which may include the vehicle specification sheet.

(b) (1) A dealer shall not provide for the sale or lease of a new motor vehicle equipped with one or more in-vehicle cameras in this state without prominently informing, during the purchase of the vehicle, and in accordance with the procedures of paragraphs (2) and (3), either the user or the person designated by the user to purchase the vehicle.

(2) Prior to the execution of the conditional sales contract for a vehicle, the dealer shall provide to the user, or the person designated by the user to purchase the vehicle, a separate disclosure, either written or electronic, acknowledging the existence and operation of an in-vehicle camera in the purchased vehicle, and shall obtain the written or electronic signature of the user or purchaser on that disclosure. The disclosure shall meet all of the following criteria:

(A) Be contained on a single document or single internet website that is separate from the conditional sales contract, purchase order, and any other document.

(B) Contain the following language, written in at least 20-point bold type: “This vehicle may be equipped with an in-vehicle camera capable of recording the driver and other individuals inside the vehicle. For more information about the in-vehicle camera please consult your automotive dealer, the vehicle manufacturer, or the vehicle owner’s manual. The manufacturer is required to notify the dealer about an in-vehicle camera in the owner’s manual, specification sheet, or other document. A buyer or lessee of a vehicle has a right to review the owner’s manual or any other provided document prior to purchase to determine if an in-vehicle camera exists. For more information about the in-vehicle camera, please consult your automotive dealer, the vehicle manufacturer, or the vehicle owner’s manual. If a manufacturer or other person or entity obtains or shares any video or photographs without your consent and in violation of law, they may be subject to legal action, including, but not limited to, via a county district attorney, the state attorney general, or otherwise as described in Sections 22948.51 and 22948.55 of the Business and Professions Code.

By law, signing this acknowledgment form does not waive any rights of the user or constitute consent to a manufacturer to share, sell, or retain any images or videos captured by the in-vehicle camera.” (C) Include a signature or acknowledgment box that the buyer or lessee, or their representative, has reviewed the disclosure language identified in subparagraph (B) and understands their right to review, before purchasing or leasing the vehicle, the vehicle owner’s manual and any other information provided by the manufacturer pertaining to in-vehicle cameras.

(3) A buyer or lessee of a vehicle has a right to review the owner’s manual or any other document, if any is provided by the manufacturer, prior to purchase to determine if an in-vehicle camera exists.

(c) A dealer shall not be held liable for a violation of subdivision (b) if the manufacturer of that vehicle is in violation of subdivision (a) with respect to that vehicle.

history: (History: Added by Stats. 2023, Ch. 864, Sec. 1. (SB 296) Effective January 1, 2024.)

chapter: 36. In-Vehicle Cameras

path: 8. SPECIAL BUSINESS REGULATIONS > 36. In-Vehicle Cameras