AB 1865: Text message advertisements.

Existing law generally prohibits a person, entity conducting business, candidate, or political committee in this state from transmitting, or causing to be transmitted, a text message advertisement to specified devices. Existing law excepts from this prohibition specific text message advertisements, including a text message advertisement transmitted by a business, candidate, or political committee that has an existing relationship with the subscriber if the subscriber is offered an option not to receive text messages from that business, candidate, or political committee. Existing law defines terms for these purposes, including “text message advertisement.” Existing law enforces these prohibitions pursuant to the provisions related to unfair competition and makes a violation of these provisions a misdemeanor.

This bill would prohibit an allowed text message advertisement from being transmitted to a recipient between 9:00 p.m. and 9:00 a.m., regardless of whether the recipient consented to receiving a text message advertisement. The bill would require a sender to adjust message timing based on the recipient’s local time zone associated with the recipient’s telephone number. to Pacific standard time. The bill would authorize the recipient of a text message advertisement in violation of this timing prohibition to bring a civil action against a transmitter who knew, or should have known, the text message advertisement violated this prohibition. The bill would also authorize a public prosecutor or the Attorney General to bring an action to enforce these provisions for specified remedies. The bill would, notwithstanding any other law, exclude a violation of this prohibition from being a crime.