Cal. Civ. Code § 24-5-0.5-3

Sec. 3. (a) A supplier may not commit an unfair,
abusive, or deceptive act, omission, or practice in connection with a
consumer transaction. Such an act, omission, or practice by a supplier
is a violation of this chapter whether it occurs before, during, or after
the transaction. An act, omission, or practice prohibited by this section
includes both implicit and explicit misrepresentations.

(b) Without limiting the scope of subsection (a), the following acts,
and the following representations as to the subject matter of a
consumer transaction, made orally, in writing, or by electronic
communication, by a supplier, are deceptive acts:

(1) That such subject of a consumer transaction has sponsorship,
approval, performance, characteristics, accessories, uses, or
benefits it does not have which the supplier knows or should
reasonably know it does not have.

(2) That such subject of a consumer transaction is of a particular
standard, quality, grade, style, or model, if it is not and if the
supplier knows or should reasonably know that it is not.

(3) That such subject of a consumer transaction is new or unused,
if it is not and if the supplier knows or should reasonably know
that it is not.

(4) That such subject of a consumer transaction will be supplied
to the public in greater quantity than the supplier intends or
reasonably expects.

(5) That replacement or repair constituting the subject of a
consumer transaction is needed, if it is not and if the supplier
knows or should reasonably know that it is not.

(6) That a specific price advantage exists as to such subject of a
consumer transaction, if it does not and if the supplier knows or
should reasonably know that it does not.

(7) That the supplier has a sponsorship, approval, or affiliation in
such consumer transaction the supplier does not have, and which
the supplier knows or should reasonably know that the supplier
does not have.

(8) That such consumer transaction involves or does not involve
a warranty, a disclaimer of warranties, or other rights, remedies,
or obligations, if the representation is false and if the supplier
knows or should reasonably know that the representation is false.

(9) That the consumer will receive a rebate, discount, or other
benefit as an inducement for entering into a sale or lease in return
for giving the supplier the names of prospective consumers or
otherwise helping the supplier to enter into other consumer
transactions, if earning the benefit, rebate, or discount is
contingent upon the occurrence of an event subsequent to the time
the consumer agrees to the purchase or lease.

(10) That the supplier is able to deliver or complete the subject of
the consumer transaction within a stated period of time, when the
supplier knows or should reasonably know the supplier could not.
If no time period has been stated by the supplier, there is a
presumption that the supplier has represented that the supplier
will deliver or complete the subject of the consumer transaction
within a reasonable time, according to the course of dealing or the
usage of the trade.

(11) That the consumer will be able to purchase the subject of the
consumer transaction as advertised by the supplier, if the supplier
does not intend to sell it.

(12) That the replacement or repair constituting the subject of a
consumer transaction can be made by the supplier for the estimate
the supplier gives a customer for the replacement or repair, if the
specified work is completed and:

(A) the cost exceeds the estimate by an amount equal to or
greater than ten percent (10%) of the estimate;

(B) the supplier did not obtain written permission from the
customer to authorize the supplier to complete the work even if
the cost would exceed the amounts specified in clause (A);

(C) the total cost for services and parts for a single transaction
is more than seven hundred fifty dollars ($750); and

(D) the supplier knew or reasonably should have known that the
cost would exceed the estimate in the amounts specified in
clause (A).

(13) That the replacement or repair constituting the subject of a
consumer transaction is needed, and that the supplier disposes of
the part repaired or replaced earlier than seventy-two (72) hours
after both:

(A) the customer has been notified that the work has been
completed; and

(B) the part repaired or replaced has been made available for
examination upon the request of the customer.

(14) Engaging in the replacement or repair of the subject of a
consumer transaction if the consumer has not authorized the
replacement or repair, and if the supplier knows or should
reasonably know that it is not authorized.

(15) The act of misrepresenting the geographic location of the
supplier by listing an alternate business name or an assumed
business name (as described in IC 23-0.5-3-4) in a local telephone
directory if:

(A) the name misrepresents the supplier's geographic location;

(B) the listing fails to identify the locality and state of the
supplier's business;

(C) calls to the local telephone number are routinely forwarded
or otherwise transferred to a supplier's business location that is
outside the calling area covered by the local telephone
directory; and

(D) the supplier's business location is located in a county that
is not contiguous to a county in the calling area covered by the
local telephone directory.

(16) The act of listing an alternate business name or assumed
business name (as described in IC 23-0.5-3-4) in a directory
assistance data base if:

(A) the name misrepresents the supplier's geographic location;

(B) calls to the local telephone number are routinely forwarded
or otherwise transferred to a supplier's business location that is
outside the local calling area; and

(C) the supplier's business location is located in a county that is
not contiguous to a county in the local calling area.

(17) The violation by a supplier of IC 24-3-4 concerning
cigarettes for import or export.

(18) The act of a supplier in knowingly selling or reselling a
product to a consumer if the product has been recalled, whether
by the order of a court or a regulatory body, or voluntarily by the
manufacturer, distributor, or retailer, unless the product has been
repaired or modified to correct the defect that was the subject of
the recall.

(19) The violation by a supplier of 47 U.S.C. 227, including any
rules or regulations issued under 47 U.S.C. 227.

(20) The violation by a supplier of the federal Fair Debt
Collection Practices Act (15 U.S.C. 1692 et seq.), including any
rules or regulations issued under the federal Fair Debt Collection
Practices Act (15 U.S.C. 1692 et seq.).

(21) A violation of IC 24-5-7 (concerning health spa services), as
set forth in IC 24-5-7-17.

(22) A violation of IC 24-5-8 (concerning business opportunity
transactions), as set forth in IC 24-5-8-20.

(23) A violation of IC 24-5-10 (concerning home consumer
transactions), as set forth in IC 24-5-10-18.

(24) A violation of IC 24-5-11 (concerning real property
improvement contracts), as set forth in IC 24-5-11-14.

(25) A violation of IC 24-5-12 (concerning telephone
solicitations), as set forth in IC 24-5-12-23.

(26) A violation of IC 24-5-13.5 (concerning buyback motor
vehicles), as set forth in IC 24-5-13.5-14.

(27) A violation of IC 24-5-14 (concerning automatic
dialing-announcing devices), as set forth in IC 24-5-14-13.

(28) A violation of IC 24-5-15 (concerning credit services
organizations), as set forth in IC 24-5-15-11.

(29) A violation of IC 24-5-16 (concerning unlawful motor
vehicle subleasing), as set forth in IC 24-5-16-18.

(30) A violation of IC 24-5-17 (concerning environmental
marketing claims), as set forth in IC 24-5-17-14.

(31) A violation of IC 24-5-19 (concerning deceptive commercial
solicitation), as set forth in IC 24-5-19-11.

(32) A violation of IC 24-5-21 (concerning prescription drug
discount cards), as set forth in IC 24-5-21-7.

(33) A violation of IC 24-5-23.5-7 (concerning real estate
appraisals), as set forth in IC 24-5-23.5-9.

(34) A violation of IC 24-5-26 (concerning identity theft), as set
forth in IC 24-5-26-3.

(35) A violation of IC 24-5.5 (concerning mortgage rescue fraud),
as set forth in IC 24-5.5-6-1.

(36) A violation of IC 24-8 (concerning promotional gifts and
contests), as set forth in IC 24-8-6-3.

(37) A violation of IC 21-18.5-6 (concerning representations
made by a postsecondary credit bearing proprietary educational
institution), as set forth in IC 21-18.5-6-22.5.

(38) A violation of IC 24-5-15.5 (concerning collection actions of
a plaintiff debt buyer), as set forth in IC 24-5-15.5-6.

(39) A violation of IC 24-14 (concerning towing services), as set
forth in IC 24-14-10-1.

(40) A violation of IC 24-5-14.5 (concerning misleading or
inaccurate caller identification information), as set forth in IC 24-5-14.5-12.

(41) A violation of IC 24-5-27 (concerning intrastate inmate
calling services), as set forth in IC 24-5-27-27.

(42) A violation of IC 15-21 (concerning sales of dogs by retail
pet stores), as set forth in IC 15-21-7-4.

(43) A violation of IC 24-4-23 (concerning the security of
information collected and transmitted by an adult oriented website
operator), as set forth in IC 24-4-23-14.

(44) A violation of IC 28-8-7 (concerning virtual currency
kiosks), as set forth in IC 28-8-7-9.

(c) Any representations on or within a product or its packaging or
in advertising or promotional materials which would constitute a
deceptive act shall be the deceptive act both of the supplier who places
such representation thereon or therein, or who authored such materials,
and such other suppliers who shall state orally or in writing that such
representation is true if such other supplier shall know or have reason
to know that such representation was false.

(d) If a supplier shows by a preponderance of the evidence that an
act resulted from a bona fide error notwithstanding the maintenance of
procedures reasonably adopted to avoid the error, such act shall not be
deceptive within the meaning of this chapter.

(e) It shall be a defense to any action brought under this chapter that
the representation constituting an alleged deceptive act was one made
in good faith by the supplier without knowledge of its falsity and in
reliance upon the oral or written representations of the manufacturer,
the person from whom the supplier acquired the product, any testing
organization, or any other person provided that the source thereof is
disclosed to the consumer.

(f) For purposes of subsection (b)(12), a supplier that provides
estimates before performing repair or replacement work for a customer
shall give the customer a written estimate itemizing as closely as
possible the price for labor and parts necessary for the specific job
before commencing the work.

(g) For purposes of subsection (b)(15) and (b)(16), a telephone
company or other provider of a telephone directory or directory
assistance service or its officer or agent is immune from liability for
publishing the listing of an alternate business name or assumed
business name of a supplier in its directory or directory assistance data
base unless the telephone company or other provider of a telephone
directory or directory assistance service is the same person as the
supplier who has committed the deceptive act.

(h) For purposes of subsection (b)(18), it is an affirmative defense
to any action brought under this chapter that the product has been
altered by a person other than the defendant to render the product
completely incapable of serving its original purpose.

Formerly: Acts 1971, P.L.367, SEC.1. As amended by Acts
1978, P.L.127, SEC.2; Acts 1982, P.L.153, SEC.1; Acts 1982, P.L.152,
SEC.2; P.L.16-1983, SEC.16; P.L.239-1985, SEC.1; P.L.12-1986,
SEC.5; P.L.24-1989, SEC.11; P.L.174-1997, SEC.2; P.L.21-2000,
SEC.11; P.L.70-2002, SEC.1; P.L.85-2006, SEC.3; P.L.1-2009,
SEC.137; P.L.226-2011, SEC.14; P.L.273-2013, SEC.31; P.L.65-2014,
SEC.7; P.L.170-2017, SEC.1; P.L.118-2017, SEC.119; P.L.170-2017,
SEC.2; P.L.211-2019, SEC.33; P.L.242-2019, SEC.6; P.L.280-2019,
SEC.5; P.L.281-2019, SEC.4; P.L.156-2020, SEC.87; P.L.34-2022,
SEC.7; P.L.4-2024, SEC.33; P.L.98-2024, SEC.3; P.L.104-2024,
SEC.42; P.L.143-2026, SEC.1.