False or misleading commercial disaster communication.
Vote required
Majority
Fiscal committee
No
Appropriation
No
Current location
Insurance
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Overview
This bill aims to protect Californians from deceptive advertising during and after state of emergency or catastrophic disasters. It prohibits individuals and businesses from making false or misleading commercial communications, particularly those that falsely imply government or non-profit involvement. The bill establishes specific disclosure requirements and penalties for violations, including an increased penalty for commercial disaster communications. It also empowers various agencies, such as the Attorney General and the Insurance Commissioner, to take action against offenders.
Key provisions
- Defines ‘commercial disaster communication’ as a communication targeting disaster-affected areas that falsely implies government or non-profit affiliation.
- Requires conspicuous disclosure statements in potentially misleading communications, including specifying that the offer is not endorsed by any government or non-profit entity.
- Authorizes an increased civil penalty of up to $2,500 for commercial disaster communications that violate advertising rules.
- Specifies a 60-day window after a state of emergency for applying the increased penalty, with a maximum of 180 days.
- Allows the Attorney General, Insurance Commissioner, and Department of Consumer Affairs to bring legal action against violators.
- Establishes a potential three-times damages recovery for victims of false or misleading communications.
- Clarifies that violations are not criminal offenses.
- Adds definitions for key terms like ‘conspicuous,’ ‘governmental entity,’ and ‘not-for-profit organization’.
Bill text
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Sponsors
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1 on record
Primary sponsor
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