Section § 17200

Explanation

This law defines unfair competition broadly to include any business conduct that is illegal, unfair, or deceptive. It also covers false advertising and any actions that violate specific advertising laws in a different part of the Business and Professions Code.

As used in this chapter, unfair competition shall mean and include any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising and any act prohibited by Chapter 1 (commencing with Section 17500) of Part 3 of Division 7 of the Business and Professions Code.

Section § 17201

Explanation

In this section, the word 'person' is not just about individuals. It also refers to all kinds of groups and businesses like companies, partnerships, and organizations.

As used in this chapter, the term person shall mean and include natural persons, corporations, firms, partnerships, joint stock companies, associations and other organizations of persons.

Section § 17201.5

Explanation

This law defines some specific terms used in its chapter. When it refers to a "board within the Department of Consumer Affairs," it's talking about any group or agency within that department, like a commission or bureau. A "local consumer affairs agency" is any city or county group that mainly offers services to protect consumers.

As used in this chapter:
(a)CA Business & Professions Code § 17201.5(a) “Board within the Department of Consumer Affairs” includes any commission, bureau, division, or other similarly constituted agency within the Department of Consumer Affairs.
(b)CA Business & Professions Code § 17201.5(b) “Local consumer affairs agency” means and includes any city or county body which primarily provides consumer protection services.

Section § 17202

Explanation

This law says that even though another law generally restricts certain types of legal remedies, specific actions can be taken to enforce penalties or stop violations in cases of unfair competition.

Notwithstanding Section 3369 of the Civil Code, specific or preventive relief may be granted to enforce a penalty, forfeiture, or penal law in a case of unfair competition.

Section § 17203

Explanation

This law allows courts to issue orders to stop someone from engaging in unfair business practices. Courts can also take steps like appointing a manager to oversee operations, to prevent unfair conduct or to return money or property obtained unfairly. Private individuals can bring such cases only if they meet specific requirements, but these restrictions don't apply to government officials like the Attorney General or city prosecutors.

Injunctive Relief—Court Orders
Any person who engages, has engaged, or proposes to engage in unfair competition may be enjoined in any court of competent jurisdiction. The court may make such orders or judgments, including the appointment of a receiver, as may be necessary to prevent the use or employment by any person of any practice which constitutes unfair competition, as defined in this chapter, or as may be necessary to restore to any person in interest any money or property, real or personal, which may have been acquired by means of such unfair competition. Any person may pursue representative claims or relief on behalf of others only if the claimant meets the standing requirements of Section 17204 and complies with Section 382 of the Code of Civil Procedure, but these limitations do not apply to claims brought under this chapter by the Attorney General, or any district attorney, county counsel, city attorney, or city prosecutor in this state.

Section § 17204

Explanation

This law explains who can bring a lawsuit to stop unfair business practices in California. The State's Attorney General, district attorneys, certain city or county attorneys, or people who have personally lost money or property due to unfair competition can file such lawsuits. These cases must be filed in a proper court, with certain officials needing to work together in specific situations, especially involving large cities.

Actions for Injunctions by Attorney General, District Attorney, County Counsel, and City Attorneys
Actions for relief pursuant to this chapter shall be prosecuted exclusively in a court of competent jurisdiction by the Attorney General or a district attorney or by a county counsel authorized by agreement with the district attorney in actions involving violation of a county ordinance, or by a city attorney of a city having a population in excess of 750,000, or by a county counsel of any county within which a city has a population in excess of 750,000, or by a city attorney in a city and county or, with the consent of the district attorney, by a city prosecutor in a city having a full-time city prosecutor in the name of the people of the State of California upon their own complaint or upon the complaint of a board, officer, person, corporation, or association, or by a person who has suffered injury in fact and has lost money or property as a result of the unfair competition.

Section § 17205

Explanation

This law states that the remedies or penalties mentioned in this chapter can be combined with other remedies or penalties provided by any other state laws, unless it specifically says otherwise.

Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this state.

Section § 17206

Explanation

This section of the law says that if someone is involved in unfair competition, they can be fined up to $2,500 for each offense. The fines are collected by various officials like the Attorney General or city attorneys. How the money from these fines is split depends on who brings the case. The money can be used to enforce consumer protection laws. The law also establishes a special fund to manage these penalties and support investigation and enforcement efforts. It also specifies how expenses related to investigating and prosecuting these cases are recovered.

Civil Penalty for Violation of Chapter
(a)CA Business & Professions Code § 17206(a) Any person who engages, has engaged, or proposes to engage in unfair competition shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General, by any district attorney, by any county counsel authorized by agreement with the district attorney in actions involving violation of a county ordinance, by any city attorney of a city having a population in excess of 750,000, or by a county counsel of any county within which a city has a population in excess of 750,000, by any city attorney of any city and county, or, with the consent of the district attorney, by a city prosecutor in any city having a full-time city prosecutor, in any court of competent jurisdiction.
(b)CA Business & Professions Code § 17206(b) The court shall impose a civil penalty for each violation of this chapter. In assessing the amount of the civil penalty, the court shall consider any one or more of the relevant circumstances presented by any of the parties to the case, including, but not limited to, the following: the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, the willfulness of the defendant’s misconduct, and the defendant’s assets, liabilities, and net worth.
(c)Copy CA Business & Professions Code § 17206(c)
(1)Copy CA Business & Professions Code § 17206(c)(1) If the action is brought by the Attorney General, one-half of the penalty collected shall be paid to the treasurer of the county in which the judgment was entered, and one-half to the General Fund.
(2)CA Business & Professions Code § 17206(c)(2) If the action is brought by a district attorney or county counsel, the penalty collected shall be paid to the treasurer of the county in which the judgment was entered.
(3)Copy CA Business & Professions Code § 17206(c)(3)
(A)Copy CA Business & Professions Code § 17206(c)(3)(A) Except as provided in subparagraph (B) and subdivision (e), if the action is brought by a city attorney or city prosecutor, one-half of the penalty collected shall be paid to the treasurer of the city in which the judgment was entered, and one-half to the treasurer of the county in which the judgment was entered.
(B)CA Business & Professions Code § 17206(c)(3)(A)(B) If the action is brought by the City Attorney of San Diego, the penalty collected shall be paid to the treasurer of the City of San Diego.
(4)CA Business & Professions Code § 17206(c)(4) The aforementioned funds shall be for the exclusive use by the Attorney General, the district attorney, the county counsel, and the city attorney for the enforcement of consumer protection laws.
(d)CA Business & Professions Code § 17206(d) The Unfair Competition Law Fund is hereby created as a special account within the General Fund in the State Treasury. The portion of penalties that is payable to the General Fund or to the Treasurer recovered by the Attorney General from an action or settlement of a claim made by the Attorney General pursuant to this chapter or Chapter 1 (commencing with Section 17500) of Part 3 shall be deposited into this fund. Moneys in this fund, upon appropriation by the Legislature, shall be used by the Attorney General to support investigations and prosecutions of California’s consumer protection laws, including implementation of judgments obtained from such prosecutions or investigations and other activities which are in furtherance of this chapter or Chapter 1 (commencing with Section 17500) of Part 3. Notwithstanding Section 13340 of the Government Code, any civil penalties deposited in the fund pursuant to the National Mortgage Settlement, as provided in Section 12531 of the Government Code, are continuously appropriated to the Department of Justice for the purpose of offsetting General Fund costs incurred by the Department of Justice.
(e)CA Business & Professions Code § 17206(e) If the action is brought at the request of a board within the Department of Consumer Affairs or a local consumer affairs agency, the court shall determine the reasonable expenses incurred by the board or local agency in the investigation and prosecution of the action.
Before any penalty collected is paid out pursuant to subdivision (c), the amount of any reasonable expenses incurred by the board shall be paid to the Treasurer for deposit in the special fund of the board described in Section 205. If the board has no such special fund, the moneys shall be paid to the Treasurer. The amount of any reasonable expenses incurred by a local consumer affairs agency shall be paid to the general fund of the municipality or county that funds the local agency.
(f)CA Business & Professions Code § 17206(f) If the action is brought by a city attorney of a city and county, the entire amount of the penalty collected shall be paid to the treasurer of the city and county in which the judgment was entered for the exclusive use by the city attorney for the enforcement of consumer protection laws. However, if the action is brought by a city attorney of a city and county for the purposes of civil enforcement pursuant to Section 17980 of the Health and Safety Code or Article 3 (commencing with Section 11570) of Chapter 10 of Division 10 of the Health and Safety Code, either the penalty collected shall be paid entirely to the treasurer of the city and county in which the judgment was entered or, upon the request of the city attorney, the court may order that up to one-half of the penalty, under court supervision and approval, be paid for the purpose of restoring, maintaining, or enhancing the premises that were the subject of the action, and that the balance of the penalty be paid to the treasurer of the city and county.

Section § 17206.1

Explanation

This section of the law states that if someone commits unfair competition against senior citizens or disabled people, they might have to pay an extra penalty of up to $2,500 for each offense, in addition to other penalties. A 'senior citizen' is anyone 65 or older, and a 'disabled person' has a physical or mental condition limiting major life activities like walking or speaking. The court will weigh if the offender knew their actions targeted vulnerable individuals, caused significant loss, or if the victims were especially susceptible and harmed as a result. If money or property was taken through illegal actions, the court can order restitution, prioritizing recovery for the victims before penalties are paid. If complete restitution is impossible, it will be distributed fairly based on losses.

(a)Copy CA Business & Professions Code § 17206.1(a)
(1)Copy CA Business & Professions Code § 17206.1(a)(1) In addition to any liability for a civil penalty pursuant to Section 17206, a person who violates this chapter, and the act or acts of unfair competition are perpetrated against one or more senior citizens or disabled persons, may be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation, which may be assessed and recovered in a civil action as prescribed in Section 17206.
(2)CA Business & Professions Code § 17206.1(a)(2) Subject to subdivision (d), any civil penalty shall be paid as prescribed by subdivisions (b) and (c) of Section 17206.
(b)CA Business & Professions Code § 17206.1(b) As used in this section, the following terms have the following meanings:
(1)CA Business & Professions Code § 17206.1(b)(1) “Senior citizen” means a person who is 65 years of age or older.
(2)CA Business & Professions Code § 17206.1(b)(2) “Disabled person” means a person who has a physical or mental impairment that substantially limits one or more major life activities.
(A)CA Business & Professions Code § 17206.1(b)(2)(A) As used in this subdivision, “physical or mental impairment” means any of the following:
(i)CA Business & Professions Code § 17206.1(b)(2)(A)(i) A physiological disorder or condition, cosmetic disfigurement, or anatomical loss substantially affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; or endocrine.
(ii)CA Business & Professions Code § 17206.1(b)(2)(A)(ii) A mental or psychological disorder, including intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
“Physical or mental impairment” includes, but is not limited to, diseases and conditions including orthopedic, visual, speech, and hearing impairment, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, intellectual disability, and emotional illness.
(B)CA Business & Professions Code § 17206.1(B) “Major life activities” means functions that include caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
(c)CA Business & Professions Code § 17206.1(c) In determining whether to impose a civil penalty pursuant to subdivision (a) and the amount thereof, the court shall consider, in addition to any other appropriate factors, the extent to which one or more of the following factors are present:
(1)CA Business & Professions Code § 17206.1(c)(1) Whether the defendant knew or should have known that his or her conduct was directed to one or more senior citizens or disabled persons.
(2)CA Business & Professions Code § 17206.1(c)(2) Whether the defendant’s conduct caused one or more senior citizens or disabled persons to suffer any of the following: loss or encumbrance of a primary residence, principal employment, or source of income; substantial loss of property set aside for retirement, or for personal or family care and maintenance; or substantial loss of payments received under a pension or retirement plan or a government benefits program, or assets essential to the health or welfare of the senior citizen or disabled person.
(3)CA Business & Professions Code § 17206.1(c)(3) Whether one or more senior citizens or disabled persons are substantially more vulnerable than other members of the public to the defendant’s conduct because of age, poor health or infirmity, impaired understanding, restricted mobility, or disability, and actually suffered substantial physical, emotional, or economic damage resulting from the defendant’s conduct.
(d)CA Business & Professions Code § 17206.1(d) A court of competent jurisdiction hearing an action pursuant to this section may make orders and judgments as necessary to restore to a senior citizen or disabled person money or property, real or personal that may have been acquired by means of a violation of this chapter. Restitution ordered pursuant to this subdivision shall be given priority over recovery of a civil penalty designated by the court as imposed pursuant to subdivision (a), but shall not be given priority over a civil penalty imposed pursuant to subdivision (a) of Section 17206. If the court determines that full restitution cannot be made to those senior citizens or disabled persons, either at the time of judgment or by a future date determined by the court, then restitution under this subdivision shall be made on a pro rata basis depending on the amount of loss.

Section § 17206.2

Explanation

If someone breaks the rules of unfair competition and it affects service members or veterans, they could face an extra fine of up to $2,500 for each violation, in addition to other penalties. This amount can be collected through a lawsuit. A 'service member' refers to someone currently serving in the military branches, while a 'veteran' is anyone who used to be in the military.

(a)Copy CA Business & Professions Code § 17206.2(a)
(1)Copy CA Business & Professions Code § 17206.2(a)(1) In addition to any liability for a civil penalty pursuant to Section 17206, a person who violates this chapter, if the act or acts of unfair competition are perpetrated against one or more service members or veterans, may be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation, which may be assessed and recovered in a civil action as prescribed in Section 17206.
(2)CA Business & Professions Code § 17206.2(a)(2) Any civil penalty shall be paid as prescribed by subdivisions (b) and (c) of Section 17206.
(b)CA Business & Professions Code § 17206.2(b) As used in this section, the following terms have the following meanings:
(1)CA Business & Professions Code § 17206.2(b)(1) “Service member” means a person who is a member of the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard, or the active militia of this state.
(2)CA Business & Professions Code § 17206.2(b)(2) “Veteran” means a person who was formerly a service member.

Section § 17207

Explanation

If someone breaks a court order banning unfair business practices, they may have to pay up to $6,000 for each day the violation continues. The court will decide the penalty based on things like how much harm was done and how long the behavior lasted. The money from these penalties is split between local and state governments, depending on who brings the case. If the Attorney General brings the case, half goes to the state and half to the county where the judgment was made. If local city or county officials bring the case, the money stays local. If a consumer protection agency helped start the case, their investigation costs get reimbursed first before splitting the rest of the penalty money.

(a)CA Business & Professions Code § 17207(a) Any person who intentionally violates any injunction prohibiting unfair competition issued pursuant to Section 17203 shall be liable for a civil penalty not to exceed six thousand dollars ($6,000) for each violation. Where the conduct constituting a violation is of a continuing nature, each day of that conduct is a separate and distinct violation. In determining the amount of the civil penalty, the court shall consider all relevant circumstances, including, but not limited to, the extent of the harm caused by the conduct constituting a violation, the nature and persistence of that conduct, the length of time over which the conduct occurred, the assets, liabilities, and net worth of the person, whether corporate or individual, and any corrective action taken by the defendant.
(b)CA Business & Professions Code § 17207(b) The civil penalty prescribed by this section shall be assessed and recovered in a civil action brought in any county in which the violation occurs or where the injunction was issued in the name of the people of the State of California by the Attorney General or by any district attorney, any county counsel of any county within which a city has a population in excess of 750,000 or any county counsel that is authorized by agreement with the district attorney in actions involving violation of a county ordinance, or any city attorney in any court of competent jurisdiction within the attorney’s jurisdiction without regard to the county from which the original injunction was issued. An action brought pursuant to this section to recover civil penalties shall take precedence over all civil matters on the calendar of the court except those matters to which equal precedence on the calendar is granted by law.
(c)CA Business & Professions Code § 17207(c) If such an action is brought by the Attorney General, one-half of the penalty collected pursuant to this section shall be paid to the treasurer of the county in which the judgment was entered, and one-half to the State Treasurer. If brought by a district attorney or county counsel the entire amount of the penalty collected shall be paid to the treasurer of the county in which the judgment is entered. If brought by a city attorney or city prosecutor, one-half of the penalty shall be paid to the treasurer of the county in which the judgment was entered and one-half to the city, except that if the action was brought by a city attorney of a city and county the entire amount of the penalty collected shall be paid to the treasurer of the city and county in which the judgment is entered.
(d)CA Business & Professions Code § 17207(d) If the action is brought at the request of a board within the Department of Consumer Affairs or a local consumer affairs agency, the court shall determine the reasonable expenses incurred by the board or local agency in the investigation and prosecution of the action.
Before any penalty collected is paid out pursuant to subdivision (c), the amount of the reasonable expenses incurred by the board shall be paid to the State Treasurer for deposit in the special fund of the board described in Section 205. If the board has no such special fund, the moneys shall be paid to the State Treasurer. The amount of the reasonable expenses incurred by a local consumer affairs agency shall be paid to the general fund of the municipality or county which funds the local agency.

Section § 17208

Explanation

You're allowed up to four years to start a lawsuit based on this section once your reason to sue arises. Also, if your case was already too late to file before this section was created, you can't restart it just because this law exists now.

Any action to enforce any cause of action pursuant to this chapter shall be commenced within four years after the cause of action accrued. No cause of action barred under existing law on the effective date of this section shall be revived by its enactment.

Section § 17209

Explanation

If someone claims a violation of a chapter or raises issues about how it's applied or interpreted in certain California courts, they must send a copy of their legal documents to the Attorney General and the local district attorney. This must be done quickly, usually within three days, and there's a special spot on the Attorney General's website for this. If these officials ask for more documents, those must also be provided for free within five days. Courts won't make any decisions until proof of these steps is shown, though extensions might be granted for good reasons.

If a violation of this chapter is alleged or the application or construction of this chapter is in issue in any proceeding in the Supreme Court of California, a state court of appeal, or the appellate division of a superior court, each person filing any brief or petition with the court in that proceeding shall serve, within three days of filing with the court, a copy of that brief or petition on the Attorney General, directed to the attention of the Consumer Protection Section at a service address designated on the Attorney General’s official internet website for service of papers under this section or, if no service address is designated, at the Attorney General’s office in the City of San Francisco and on the district attorney of the county in which the lower court action or proceeding was originally filed. Upon the Attorney General’s or district attorney’s request, each person who has filed any other document, including all or a portion of the appellate record, with the court in addition to a brief or petition shall provide a copy of that document without charge to the Attorney General or the district attorney within five days of the request. The time for service may be extended by the Chief Justice or presiding justice or judge for good cause shown. No judgment or relief, temporary or permanent, shall be granted or opinion issued until proof of service of the brief or petition on the Attorney General and district attorney is filed with the court.

Section § 17210

Explanation

This law says that it's unfair competition to distribute promotional materials, called 'handbills', to hotel guest rooms without the hotel's approval. If the hotel owner (the innkeeper) says no either verbally or with a written notice, or puts up a sign saying handbills aren't allowed, no one should be leaving handbills in guest rooms or on their doors. It applies to anyone handing out the handbills and to people or companies who direct others to do this. If a contractor knows the hotel doesn't want handbills distributed, they must pass the notice along to their distributors and stop any ongoing handbill distribution. This restriction doesn't apply if the hotel or a guest specifically asks for the handbills in writing.

(a)CA Business & Professions Code § 17210(a) For purposes of this section, “hotel” means any hotel, motel, bed and breakfast inn, or other similar transient lodging establishment, but it does not include any residential hotel as defined in Section 50519 of the Health and Safety Code. “Innkeeper” means the owner or operator of a hotel, or the duly authorized agent or employee of the owner or operator.
(b)CA Business & Professions Code § 17210(b) For purposes of this section, “handbill” means, and is specifically limited to, any tangible commercial solicitation to guests of the hotel urging that they patronize any commercial enterprise.
(c)CA Business & Professions Code § 17210(c) Every person (hereinafter “distributor”) engages in unfair competition for purposes of this chapter who deposits, places, throws, scatters, casts, or otherwise distributes any handbill to any individual guest rooms in any hotel, including, but not limited to, placing, throwing, leaving, or attaching any handbill adjacent to, upon, or underneath any guest room door, doorknob, or guest room entryway, where either the innkeeper has expressed objection to handbill distribution, either orally to the distributor or by the posting of a sign or other notice in a conspicuous place within the lobby area and at all points of access from the exterior of the premises to guest room areas indicating that handbill distribution is prohibited, or the distributor has received written notice pursuant to subdivision (e) that the innkeeper has expressed objection to the distribution of handbills to guest rooms in the hotel.
(d)CA Business & Professions Code § 17210(d) Every person (hereinafter “contractor”) engages in unfair competition for purposes of this chapter who causes or directs any other person, firm, business, or entity to distribute, or cause the distribution of, any handbill to any individual guest rooms in any hotel in violation of subdivision (c) of this section, if the contractor has received written notice from the innkeeper objecting to the distribution of handbills to individual guest rooms in the hotel.
(e)CA Business & Professions Code § 17210(e) Every contractor who causes or directs any distributor to distribute, or cause the distribution of, any handbills to any individual guest rooms in any hotel, if the contractor has received written notice from the innkeeper or from any other contractor or intermediary pursuant to this subdivision, objecting to the distribution of handbills to individual guest rooms in the hotel has failed to provide a written copy of that notice to each distributor prior to the commencement of distribution of handbills by the distributor or by any person hired or retained by the distributor for that purpose, or, within 24 hours following the receipt of the notice by the contractor if received after the commencement of distribution, and has failed to instruct and demand any distributor to not distribute, or to cease the distribution of, the handbills to individual guest rooms in any hotel for which such a notice has been received is in violation of this section.
(f)CA Business & Professions Code § 17210(f) Any written notice given, or caused to be given, by the innkeeper pursuant to or required by any provision of this section shall be deemed to be in full force and effect until such time as the notice is revoked in writing.
(g)CA Business & Professions Code § 17210(g) Nothing in this section shall be deemed to prohibit the distribution of a handbill to guest rooms in any hotel where the distribution has been requested or approved in writing by the innkeeper, or to any individual guest room when the occupant thereof has affirmatively requested or approved the distribution of the handbill during the duration of the guest’s occupancy.