Preservation and Regulation of CompetitionEnforcement
Section § 17200
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.
Section § 17201
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.
Section § 17201.5
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.
Section § 17202
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.
Section § 17203
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.
Section § 17204
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.
Section § 17205
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.
Section § 17206
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.
Section § 17206.1
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.
Section § 17206.2
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.
Section § 17207
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.
Section § 17208
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.
Section § 17209
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.
Section § 17210
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.