California Business and Professions Code 17511.9 – Except as provided in Section 17511.8, any person, including, but not …
Except as provided in Section 17511.8, any person, including, but not limited to, the seller, a salesperson, agent or representative of the seller, or an independent contractor, who willfully violates any provision of this article or who directly or indirectly employs any device, scheme, or artifice to deceive in connection with the offer or sale by any telephonic seller, or who willfully, directly, or indirectly, engages in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person in connection with a sale by any telephonic seller shall, upon conviction, be punished as follows:
(a) By a fine not exceeding ten thousand dollars ($10,000) for each unlawful transaction.
Terms Used In California Business and Professions Code 17511.9
- Conviction: A judgement of guilt against a criminal defendant.
- County: includes city and county. See California Business and Professions Code 17
- Fraud: Intentional deception resulting in injury to another.
- Person: includes an individual, firm, association, corporation, partnership, joint venture, or any other business entity. See California Business and Professions Code 17511.2
- Salesperson: means any individual employed, appointed or authorized by a telephonic seller, whether referred to by the telephonic seller as an agent, representative, or independent contractor, who attempts to solicit or solicits a sale on behalf of the telephonic seller. See California Business and Professions Code 17511.2
- seller: means a person who, on their own behalf or through salespersons or through the use of an automatic dialing-announcing device, as defined in §. See California Business and Professions Code 17511.1
- Subdivision: means a subdivision of the section in which that term occurs, unless some other section is expressly mentioned. See California Business and Professions Code 15
(b) By imprisonment pursuant to subdivision (h) of § 1170 of the Penal Code, or by imprisonment in a county jail for not more than one year.
(c) By both the fine and imprisonment specified in subdivisions (a) and (b).
(Amended by Stats. 2011, Ch. 15, Sec. 27. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)