SECTIONS 17360-17365 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 17360-17365

17360. As used in this chapter, "person" includes an individual,
partnership, firm, association, or corporation.

17361. Any person offering for sale or selling telephone handsets
or keysets or private branch exchanges or private automatic branch
exchanges of not more than 20-station capacity, whether new or
reconditioned, shall specify in all advertisements and catalogs
therefor, except point-of-sale advertising, and on or in the
equipment package both of the following:
(a) Whether the equipment employs pulse, tone, pulse-or-tone, or
other signaling method, and a general description of the services it
can or cannot access as a result thereof.
(b) Whether the equipment is registered with the Federal
Communications Commission pursuant to Part 68 of Title 47 of the Code
of Federal Regulations.

17362. A retailer of telephone equipment shall give clear and
conspicuous notice, both on the sale premises and in advertising and
catalogs for telephone equipment, except point-of-sale advertising,
of the person or persons responsible for repair of the equipment.

17363. Notwithstanding any other provision of this chapter,
Sections 17361 and 17362 do not apply to any of the following:
(a) Institutional advertising directed to a general audience
rather than to individual purchasers of telephone equipment.
(b) Advertising, point-of-sale advertising, catalogs for, and
sales of, telephone equipment not intended for direct connection to a
telephone corporation's central switching office through the
telephone corporation lines.
(c) Catalogs and equipment packages for telephone equipment which
are in print or in physical production on or before November 1, 1983.
(d) Advertising by radio or television if the advertising includes
a toll-free number by which a potential buyer may speak personally
with a trained sales representative who orally provides the potential
buyer with a disclosure statement containing both of the items
required by Section 17361. The advertiser shall file the text of this
disclosure statement with the Director of Consumer Affairs and shall
amend the filed statement, as needed, to conform to any changes made
in the disclosure statement used by the advertiser.

17363.5. Any person advertising or offering for sale automatic
dialing-announcing devices, as defined in Section 2871 of the Public
Utilities Code, shall specify on all advertising therefor and in the
instruction manual or other information included with the equipment
that the equipment may be operated within California only in
accordance with Article 1 (commencing with Section 2871) of Chapter
10 of Part 2 of Division 1 of the Public Utilities Code. The person
shall also provide a full copy of that article to each purchaser of
the equipment, and shall also provide a full copy to each prospective
purchaser upon request.

17364. Every failure to comply with any provision of this chapter
constitutes unfair competition and shall be enforced under Chapter 5
(commencing with Section 17200).

17365. This chapter shall become operative on November 1, 1983.