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HomeBusiness and Professions CodeDiv. 1Ch. 1.5§ 149 Unlicensed Advertising Penalties

§ 149 Unlicensed Advertising Penalties

Business and Professions Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 149 Unlicensed Advertising Penalties

Key Takeaways

  • •If you advertise services without the right license, the government can tell you to stop and even cut off your phone number used in the ad.
  • •You can fight the order if you tell them in writing, and they’ll give you a hearing.
  • •If you ignore the order, the government will tell the phone company to disconnect your number.
  • •Phone companies won’t get in trouble if they follow the order to disconnect your number.

Example

A person puts up flyers offering to fix plumbing but doesn’t have a plumber’s license.

The government can order them to stop the flyers and disconnect the phone number on the flyers. If the person doesn’t stop, the phone company will have to cut off that number.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 149 Unlicensed Advertising Penalties

(a) If, upon investigation, an agency designated in Section 101 has probable cause to believe that a person is advertising with respect to the offering or performance of services, without being properly licensed by or registered with the agency to offer or perform those services, the agency may issue a citation under Section 148 containing an order of correction that requires the violator to do both of the following: (1) Cease the unlawful advertising. (2) Notify the telephone company furnishing services to the violator to disconnect the telephone service furnished to any telephone number contained in the unlawful advertising. (b) This action is stayed if the person to whom a citation is issued under subdivision (a) notifies the agency in writing that he or she intends to contest the citation. The agency shall afford an opportunity for a hearing, as specified in Section 125.9. (c) If the person to whom a citation and order of correction is issued under subdivision (a) fails to comply with the order of correction after that order is final, the agency shall inform the Public Utilities Commission of the violation and the Public Utilities Commission shall require the telephone corporation furnishing services to that person to disconnect the telephone service furnished to any telephone number contained in the unlawful advertising. (d) The good faith compliance by a telephone corporation with an order of the Public Utilities Commission to terminate service issued pursuant to this section shall constitute a complete defense to any civil or criminal action brought against the telephone corporation arising from the termination of service. (Amended by Stats. 2014, Ch. 395, Sec. 2. (SB 1243) Effective January 1, 2015.)

Last verified: January 22, 2026

Key Terms

corporationcitationcomplianceperformanceterminationpublic utilities commissionportoffer

Related Statutes

  • § 1707 Unauthorized Education Program Citations
  • § 7099.10 Unlicensed Contractor Advertising Penalties
  • § 23038.1 Public Eating Place Definition
  • § 11226 Time-Share Plan Registration
  • § 17525 Domain Name Cybersquatting Protection

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Business and Professions Code. Section 149.
View Official Source