California - sustany/dvg GitHub Wiki

Commercial Email and Spam:

Unsolicited Commercial Email Advertising Law of 2003, codified at California Business & Professions Code, Division 7, Part 3, Chapter 1, Article 1.8 (�� 17529 and following)

Electronic Mail Service Providers are empowered to sue to enforce their policies prohibiting spam email in California Business & Professions Code, Division 7, Part 3, Chapter 1, Article 2 (�17538.45)

The Anti-Phishing Act of 2005, codified at California Business & Professions Code, Division 8, Chapter 33 (�� 22948 - 22948.3), makes it unlawful for a person to use the internet or email to deceive another person into providing personally identifying information (i.e. "phishing")

Telemarketing & Telephonic Anti-Solicitation:

General regulation of telephonic sellers, codified at California Business & Professions Code, Division 7, Part 3, Chapter 1, Article 1.4 (�� 17511 - 17514)

California "Do Not Call" Registry, codified at California Business & Professions Code, Division 7, Part 3, Chapter 1, Article 8 (�� 17590 - 17594)

Telephonic solicitations to California consumers must comply with the Federal Trade Commission's Telemarketing Sales Rule in order to constitute the basis for a valid contract - see California Civil Code � 1670.6

Faxes, Texts, and Other Media Anti-Solicitation:

General prohibition of text message advertising, which is subject to exceptions, codified at California Business & Professions Code, Division 7, Part 3, Chapter 1, Article 2 (� 17538.41)

Prohibition of unsolicited advertisements sent from one fax machine to another, codified at California Business & Professions Code, Division 7, Part 3, Chapter 1, Article 2 (� 17538.43)

Unlawful Trade Practices:

Unlawful trade practices are defined to include violations of California's prohibitions against unlawful forms of advertising, including unsolicited email advertising - see California Business & Professions Code, Division 7, Part 2, Chapter 5 (� 17200)

Note: California's Supreme Court held - in Barquis v. Merchants Collection Association of Oakland, 7 Cal. 3d 94 (Cal. 1972) - that the concept of "unfair competition" has been broadened to include general consumer protection, and a prohibition against unlawful trade practices

Pornography:

California Penal Code Part I, Title 15, Chapter 2 (� 653m) makes it a crime to use a telephone or "electronic communication device" to annoy, threaten, or send obscene language to another

Computer-related Crime:

California Penal Code Part I, Title 15, Chapter 2 (� 653m) makes it a crime to use a telephone or "electronic communication device" to annoy, threaten, or send obscene language to another

California Penal Code Part I, Title 13, Chapter 8 (� 528.5) makes it a crime to impersonate another through electronic means

Additional Resources:

State of California, Office of the Attorney General - Spam-Related Consumer Protection Information