As used in this chapter, “person” includes an individual, partnership, firm, association, or corporation.
Preservation and Regulation of CompetitionSales of Telephone and Other Communications Equipment
Section § 17360
This section clarifies that when the law mentions the term "person," it refers not only to individual people but also to partnerships, firms, associations, and corporations.
individual partnership firm
Section § 17361
If you're selling telephone equipment like handsets or small phone systems in California, you need to include certain information in your ads and packaging. Specifically, you must mention the type of signaling method it uses, like pulse or tone, and what services it can access. Also, you need to state whether the equipment is registered with the Federal Communications Commission (FCC). This doesn't apply to in-store advertising.
Any person offering for sale or selling telephone handsets or keysets or private branch exchanges or private automatic branch exchanges of not more than 20-station capacity, whether new or reconditioned, shall specify in all advertisements and catalogs therefor, except point-of-sale advertising, and on or in the equipment package both of the following:
(a)CA Business & Professions Code § 17361(a) Whether the equipment employs pulse, tone, pulse-or-tone, or other signaling method, and a general description of the services it can or cannot access as a result thereof.
(b)CA Business & Professions Code § 17361(b) Whether the equipment is registered with the Federal Communications Commission pursuant to Part 68 of Title 47 of the Code of Federal Regulations.
telephone handsets keysets private branch exchanges
Section § 17362
If you're selling telephone equipment in a store, you must clearly display who is responsible for repairs both in the store and in your ads or catalogs. However, this doesn't apply to ads at the point of sale.
A retailer of telephone equipment shall give clear and conspicuous notice, both on the sale premises and in advertising and catalogs for telephone equipment, except point-of-sale advertising, of the person or persons responsible for repair of the equipment.
telephone equipment retailer responsibilities repair notice
Section § 17363
This law says that certain parts of telephone advertising rules don’t apply to specific situations. These exceptions include ads that target a broad audience rather than individual buyers, ads for equipment not directly connected to phone company systems, catalogs and packages existing before a certain date, and radio or TV ads that give a toll-free number to talk to a sales rep who provides important information. Companies must file and update this information with the Director of Consumer Affairs.
Notwithstanding any other provision of this chapter, Sections 17361 and 17362 do not apply to any of the following:
(a)CA Business & Professions Code § 17363(a) Institutional advertising directed to a general audience rather than to individual purchasers of telephone equipment.
(b)CA Business & Professions Code § 17363(b) Advertising, point-of-sale advertising, catalogs for, and sales of, telephone equipment not intended for direct connection to a telephone corporation’s central switching office through the telephone corporation lines.
(c)CA Business & Professions Code § 17363(c) Catalogs and equipment packages for telephone equipment which are in print or in physical production on or before November 1, 1983.
(d)CA Business & Professions Code § 17363(d) Advertising by radio or television if the advertising includes a toll-free number by which a potential buyer may speak personally with a trained sales representative who orally provides the potential buyer with a disclosure statement containing both of the items required by Section 17361. The advertiser shall file the text of this disclosure statement with the Director of Consumer Affairs and shall amend the filed statement, as needed, to conform to any changes made in the disclosure statement used by the advertiser.
institutional advertising telephone equipment point-of-sale advertising
Section § 17363.5
If someone is selling or advertising machines that automatically dial numbers and play recorded messages in California, their ads and manuals must mention that these devices can only be used following specific rules in California law. They must also give buyers a copy of these rules and provide it to anyone who asks before buying.
Any person advertising or offering for sale automatic dialing-announcing devices, as defined in Section 2871 of the Public Utilities Code, shall specify on all advertising therefor and in the instruction manual or other information included with the equipment that the equipment may be operated within California only in accordance with Article 1 (commencing with Section 2871) of Chapter 10 of Part 2 of Division 1 of the Public Utilities Code. The person shall also provide a full copy of that article to each purchaser of the equipment, and shall also provide a full copy to each prospective purchaser upon request.
automatic dialing-announcing devices advertising requirements instruction manual
Section § 17364
If someone doesn’t follow the rules in this chapter, it’s considered unfair competition, and they will face enforcement under the rules starting at Section 17200.
Every failure to comply with any provision of this chapter constitutes unfair competition and shall be enforced under Chapter 5 (commencing with Section 17200).
unfair competition rule enforcement Section 17200
