Solicitations.

Existing law makes it unlawful for any person, firm, or corporation, or association that is a nongovernmental entity to solicit funds or information by means of a mailing, electronic message, or Internet Web site that contains any term or symbol that reasonably could be interpreted or construed as implying any state or local government connection, approval, or endorsement, unless the nongovernmental entity has an expressed connection with a state or local entity or unless the solicitation and mailing contains a specified disclosure that it is not a governmental document. Existing law also requires a business that solicits the purchase of, or payment for, a service by means of an unsolicited mailing offering to assist the recipient in dealing with a state or local governmental agency to disclose on the envelope and in the mailing that the business is not a governmental agency and is not associated with the governmental agency rereferenced. A violation of these or other provisions related to advertising is a misdemeanor, punishable by imprisonment in the county jail for up to 6 months, a fine of up to $1,000, or both. This bill would also make it unlawful for these solicitations to contain an emblem or any other content or specified title, trade, or brand names, that reasonably could be interpreted or construed as implying any federal, state, or local government connection, approval, or endorsement and would require the disclosures to be conspicuously displayed apart from other print in the solicitation and on the envelope, cover, or wrapper in which the solicitation is mailed, as specified. The bill would also prohibit that solicitation from containing certain payment provisions unless a specified disclosure is additionally included. The bill would authorize a person to recover specified damages if the person is harmed from a violation of the provisions regulating the solicitation of funds or information by a nongovernmental entity. The bill would establish specified fines and criminal penalties for a violation of these provisions, and thereby would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.