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California Business and Professions Code Section 17538.41

Legal Research Home > California Laws > Business and Professions Code > California Business and Professions Code Section 17538.41

17538.41.  (a) (1) Except as provided in subdivision (b), (c), (d),
or (e), no person, entity conducting business, candidate, or
political committee in this state shall transmit, or cause to be
transmitted, a text message advertisement to a mobile telephony
services handset, pager, or two-way messaging device that is equipped
with short message capability or any similar capability allowing the
transmission of text messages. A text message advertisement is a
message, the principal purpose of which is to promote the sale of
goods or services, or to promote a political purpose or objective, to
the recipient, and consisting of advertising material for the lease,
sale, rental, gift offer, or other disposition of any realty, goods,
services, or extension of credit, or advertising material for
political purposes.
   (2) This section shall apply when a text message advertisement is
transmitted to a number assigned for mobile telephony service, pager
service, or two-way messaging service to a California resident.
   (b) This section shall not apply to text messages transmitted at
the direction of a person or entity offering mobile telephony
service, pager service, or two-way messaging service if the
subscriber is offered an option to not receive those text messages.
   (c) This section shall not apply to text messages transmitted by a
business, candidate, or political committee that has an existing
relationship with the subscriber if the subscriber is offered an
option not to receive text messages from that business, candidate, or
political committee.
   (d) This section shall not apply to text messages transmitted by
an affiliate of a business that has an existing relationship with the
subscriber, but only if the subscriber has provided consent to the
business with which he or she has that relationship to receive text
messages from affiliates of that business. "Affiliate" means any
company that controls, is controlled by, or is under common control
with, another company.
   (e) This section shall not apply to electronic mail messages that
are forwarded, without the knowledge of the sender, to a mobile
telephony services handset, pager, or two-way messaging device.
   (f) Subdivision (a) shall not impose an obligation on a person or
entity offering mobile telephony service, pager service, or two-way
messaging service to control the transmission of a text message
unless the message is transmitted at the direction of that person or
entity.
   (g) For purposes of this section, "mobile telephony service" means
commercially available interconnected mobile phone services that
provide access to the public switched telephone network (PSTN) via
mobile communication devices employing radiowave technology to
transmit calls, including cellular radiotelephone, broadband Personal
Communications Services (PCS), and digital Specialized Mobile Radio
(SMR).

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Last modified: March 17, 2014