Law / United States / 
California
Unsolicited Text Message Advertisements
Cal. Bus. & Prof. Code § 17538.41
In force.
A commercial messages rule binding public and private bodies.
- Obligation class
- Consent
As of .
What it requires
- If you are a person, business, candidate, or political committee in California, do not transmit a text message advertisement, one whose principal purpose is to promote the sale of goods or services or a political purpose, to a mobile telephone, pager, or two-way messaging device, unless an exception applies.
- You may send the message if it is at the direction of the subscriber's carrier and the subscriber may opt out, if you have an existing relationship with the subscriber and offer an opt-out, or if you are an affiliate of a business the subscriber has consented to receive affiliate messages from; an email forwarded to a mobile device without the sender's knowledge is not covered.
If you get it wrong
Criminal exposureYes
Criminal exposure note
This section states no criminal penalty of its own, but section 17534, which is not disclaimed here, makes a violation of any provision of Chapter 1 (Advertising) a misdemeanor.
Penalty structure
Civil penalty under section 17536(a) for each violation of Chapter 1 (Advertising), recovered in a civil action by the Attorney General, a district attorney, a county counsel, or a city attorney.
- Rule
- Per violation only
- As of
- Currency
- USD
- Per violation unit
- Violation
- Per violation amount
- 2,500
Who enforces it
Enforcement body
The Attorney General, a district attorney, a county counsel, or a city attorney, by a civil penalty action under section 17536; a violation is also a misdemeanor under section 17534.
What this law does
Section 17538.41(a) bars a person, business, candidate, or political committee in California from transmitting a text message advertisement, one whose principal purpose is to promote the sale of goods or services or a political purpose, to a mobile telephony services handset, pager, or two-way messaging device capable of receiving text messages.
Subdivisions (b) through (e) exempt a message sent at the direction of the carrier if the subscriber may opt out, a message from a business, candidate, or political committee with an existing relationship with the subscriber if an opt-out is offered, a message from an affiliate of a business with which the subscriber has consented to receive affiliate messages, and an email forwarded to a mobile device without the sender's knowledge.
Section 17536 lets the Attorney General, a district attorney, a county counsel, or a city attorney recover a civil penalty of up to $2,500 for each violation of Chapter 1. Section 17534 makes a violation of any provision of Chapter 1 (Advertising), which this section does not disclaim, a misdemeanor.
When LexLint raises it
When your app profile says your app sends automated outreach.