Bill Text: CA SB896 | 2019-2020 | Regular Session | Amended
Bill Title: False, misleading, deceptive, or unlawful advertising: goods or services: platforms.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-03-17 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. [SB896 Detail]
Download: California-2019-SB896-Amended.html
Amended
IN
Senate
March 17, 2020 |
Introduced by Senator Pan |
January 28, 2020 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law makes it a crime for a person, firm, corporation, or association, or any employee of a corporation or association, to engage in advertising practices conducted by specified means of dissemination or publication, if a statement is made or disseminated that is untrue or misleading, and which by the exercise of reasonable care should be known to be untrue or misleading.
This bill would make nonsubstantive changes to these provisions.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:SEC. 2.
Section 48.6 is added to the Civil Code, to read:48.6.
(a) In any civil action arising from the distribution of false, misleading, deceptive, or unlawful material by a platform, a platform shall not be liable for monetary relief, including attorney’s fees and costs, for the distribution of false, misleading, deceptive, or unlawful material, if the platform meets all of the following conditions:SEC. 3.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.It is unlawful for a person, firm, corporation or association, or an employee thereof with intent directly or indirectly to dispose of real or personal property or to perform services, professional or otherwise, or anything of any nature whatsoever or to induce the public to enter into
an
obligation relating thereto, to make or disseminate or cause to be made or disseminated before the public in this state, or to make or disseminate or cause to be made or disseminated from this state before the public in any state, in a newspaper or other publication, or an advertising device, or by public outcry or proclamation, or in any other manner or means, including over the
internet, a statement, concerning that real or personal property or those services, professional or otherwise, or concerning any circumstance or matter of fact connected with the proposed performance or disposition thereof, that is untrue or misleading, and
that is known, or that by the exercise of reasonable care should be known, to be untrue or misleading, or for a person, firm, or corporation to so make or disseminate or cause to be so made or disseminated any such statement as part of a plan or scheme with the intent not to sell that personal property or those services, professional or otherwise, so advertised at the price stated therein, or as so advertised. A
violation of the provisions of this section is a misdemeanor punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both that imprisonment and fine.