Legal Definitions - California

In the context of consumer protection and digital communication, California refers to a comprehensive body of state laws designed to safeguard its residents from various forms of unwanted, deceptive, and harmful electronic and telephonic communications. These laws address issues ranging from unsolicited commercial emails and telemarketing calls to online scams like phishing, and even certain computer-related crimes.

Key areas covered by California's regulations include:

• Commercial Email and Spam: Laws prohibit sending unsolicited commercial emails (spam) to California residents and empower email service providers to take legal action against spammers.
• Anti-Phishing: It is illegal to use the internet or email to trick individuals into revealing personal identifying information, such as bank account details or social security numbers.
• Telemarketing and "Do Not Call": Regulations govern how telephonic sellers operate and establish a state "Do Not Call" registry, making it unlawful for telemarketers to call consumers who have opted out.
• Unsolicited Texts and Faxes: There are prohibitions against sending unsolicited commercial text messages and advertisements via fax machine without consent.
• Unlawful Trade Practices: California broadly defines unlawful trade practices to include violations of these advertising and solicitation prohibitions, aiming to protect consumers from unfair business conduct.
• Digital Misconduct: Laws also criminalize using electronic devices to annoy, threaten, send obscene language, or impersonate another person.

Here are some examples of how California's laws apply:

• Example 1: Unsolicited Commercial Emails and Phishing

  A company based outside California sends millions of emails to California residents promoting a new, unproven health supplement, even though none of the recipients ever signed up to receive marketing from them. Simultaneously, a scammer sends emails designed to look exactly like official communications from a major bank, asking recipients to click a link and "update their security information" by entering their login credentials and personal data.

  How this illustrates the term: The first scenario demonstrates California's law against unsolicited commercial email (spam), which aims to prevent businesses from flooding inboxes with unwanted advertisements. The second scenario clearly illustrates the Anti-Phishing Act, making it unlawful to use deceptive electronic means to trick people into divulging their personally identifying information.

• Example 2: Telemarketing and "Do Not Call" Violations

  A home renovation company repeatedly calls a California resident, Ms. Chen, to offer discounted window installations. Ms. Chen had previously registered her phone number on the California "Do Not Call" Registry and had never given the company permission to contact her. Despite her requests to stop, the calls continue.

  How this illustrates the term: This example highlights California's "Do Not Call" Registry and telemarketing regulations. The company's actions are unlawful because they are contacting a consumer who has explicitly opted out of receiving such solicitations, violating state protections designed to give residents control over unwanted telemarketing calls.

• Example 3: Unsolicited Text Messages and Digital Impersonation

  A local restaurant launches a new promotion and sends out mass text messages to thousands of phone numbers, many of which belong to individuals who never provided their consent to receive marketing texts. Separately, an individual creates a fake online profile using the name and photos of a prominent local business owner, then uses this fake profile to send messages to the owner's contacts, attempting to solicit donations for a non-existent charity.

  How this illustrates the term: The restaurant's actions demonstrate the prohibition against unsolicited text message advertising, which requires businesses to obtain consent before sending promotional texts. The individual creating the fake profile and soliciting funds illustrates California's laws against impersonating another person through electronic means, which is a computer-related crime designed to prevent identity fraud and deception.