California CodesBusiness and Professions Code - BPCDivision 7 — General Business RegulationsPart 3 — Representations to the PublicChapter 1 — AdvertisingArticle 2 — Particular OffensesSection 17537.5

(a) It is unlawful for any person soliciting a sale or order for energy conservation products or services, including over the Internet, to do any of the following:

(1) Make false claims of affiliation or association with an electrical or gas corporation or municipally owned and operated electrical or gas utility or its energy conservation programs.

(2) Falsely represent that the purchase of an energy conservation service or the purchase or installation of an energy conservation product is required by law.

(3) Misrepresent the nature of the purchaser’s obligation for the purchase price of the energy conservation products or services.

(4) Misrepresent the tax consequences of purchasing energy conservation products or services.

(b) Any person, firm, corporation, partnership or association, and any employee or agent thereof who violates this section (1) in the course of solicitation of a sale or order at a residence; (2) by telephone; or (3) by any other method or at any other location, including over the Internet, shall be liable for the damages provided by subdivision (c) of Section 17500.3, in addition to all other penalties provided by law.

Notes

Prohibits energy-conservation sellers, including Internet solicitors, from falsely claiming utility affiliation, falsely stating a purchase or installation is legally required, or misrepresenting purchase-price obligations or tax consequences. Violators using residential, telephone, Internet, or other solicitation methods are liable for the specified statutory damages in addition to other legal penalties.

Use as reference

Lexinter.net | California Code, Business and Professions Code - BPC § 17537.5 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-7/part-3/chapter-1/article-2/section-17537-5

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