Brian Maienschein
- Democratic
- Assemblymember
- District 76
Author
Existing law generally regulates false advertising and makes it a crime for a person or a firm, corporation, or association, or any employee thereof, to engage in specified false or misleading advertising practices. Existing unfair competition laws make various unfair competition practices unlawful, including any unlawful, unfair, or fraudulent business act or practice and unfair, deceptive, untrue, or misleading advertising. Existing law authorizes certain public officials, including the Attorney General, to take specified actions upon failure of the advertiser to adequately substantiate a claim within a reasonable time or if the requesting official has reason to believe that an advertising claim is false or misleading. Existing law requires a person who engages or proposes to engage in unfair competition to be liable for a civil penalty of not more than $2,500, per violation, which is assessed and recovered in an action brought by certain public officials, including the Attorney General. This bill would authorize the court, in an action brought by the Attorney General under specified false advertising and unfair competition laws, to award the remedy of disgorgement, in addition to the other remedies provided under those false advertising and unfair competition laws. The bill would require the funds recovered by the Attorney General under these provisions to be deposited into the Victims of Consumer Fraud Restitution Fund, which the bill would establish in the State Treasury. The bill would make the funds, upon appropriation by the Legislature, available to the Attorney General to provide restitution to victims of acts or practices for which consumer restitution has been ordered but not paid in an action brought by the Attorney General, as specified. The bill would authorize funds recovered by the Attorney General from a defendant after payment from the fund has been made to be used by the Attorney General to reimburse the fund. The bill would authorize the Attorney General to promulgate regulations in furtherance of these provisions.
Approved by the Governor.
Chaptered by Secretary of State - Chapter 686, Statutes of 2023.
Enrolled and presented to the Governor at 4 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0. Page 3269.).
Assembly Rule 77 suspended. (Page 3228.)
Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2563.).
In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 13 pursuant to Assembly Rule 77.
Read second time. Ordered to third reading.
Read third time and amended. Ordered to second reading.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 7. Noes 0.) (August 14).
From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (June 27). Re-referred to Com. on APPR.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 1597.)
Read second time. Ordered to Consent Calendar.
From committee: Do pass. To Consent Calendar. (Ayes 14. Noes 0.) (May 10).
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (April 25). Re-referred to Com. on APPR.
From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
From printer. May be heard in committee March 20.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB1366 | HTML |
| 02/17/23 - Introduced | |
| 04/05/23 - Amended Assembly | |
| 09/01/23 - Amended Senate | |
| 09/14/23 - Enrolled | |
| 10/10/23 - Chaptered |
| Document | Format |
|---|---|
| 04/21/23- Assembly Judiciary | |
| 05/08/23- Assembly Appropriations | |
| 06/23/23- Senate Judiciary | |
| 08/11/23- Senate Appropriations | PDF PDF |
| 08/16/23- Sen. Floor Analyses | |
| 09/04/23- Sen. Floor Analyses | |
| 09/12/23- ASSEMBLY FLOOR ANALYSIS |
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