BILL NUMBER: AB 1373	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 12, 2010
	PASSED THE ASSEMBLY  AUGUST 25, 2010
	AMENDED IN SENATE  JUNE 29, 2010
	AMENDED IN SENATE  JUNE 2, 2010
	AMENDED IN ASSEMBLY  JUNE 2, 2009
	AMENDED IN ASSEMBLY  APRIL 14, 2009

INTRODUCED BY   Assembly Member Lieu

                        FEBRUARY 27, 2009

   An act to add Section 17537.10 to the Business and Professions
Code, relating to advertising.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1373, Lieu.  Advertising: grant deed copy services.
   Existing law provides that certain advertising-related practices
are unlawful and makes a violation of those provisions a crime.
   This bill would make it unlawful for any person, firm,
corporation, association, or any other business entity to make any
untrue or misleading statements in any manner in connection with the
offering or performance of a grant deed copy service, defined as a
service, offered through a mailed solicitation to a property owner,
to obtain, for compensation, a copy of the property owner's grant
deed or other record of title. The bill would make it unlawful to
offer to perform this service without making specified disclosures.
Because a violation of these provisions would be a crime, the bill
would impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 17537.10 is added to the Business and
Professions Code, to read:
   17537.10.  (a) It is unlawful for any person, firm, corporation,
association, or any other business entity to make any untrue or
misleading statements in any manner in connection with the offering
or performance of a grant deed copy service. For the purpose of this
section, an "untrue or misleading statement" includes, but is not
limited to, any representation, with regard to property identified by
its address or assessor's parcel number, that any of the following
is true:
   (1) That due to property foreclosures and loan modifications in
the county where the property is located, the property owner should
obtain a copy of his or her grant deed or other record of title.
   (2) That a governmental entity, or any other entity that includes
in its name words that could lead a person to reasonably believe that
the entity is affiliated with government, has recommended that a
property owner should have a copy of his or her grant deed or other
record of title.
   (3) That the offeror of the grant deed copy service is, or is
affiliated with, any governmental entity. A violation of this
paragraph includes, but is not limited to, the following:
   (A) The misleading use of any governmental seal, emblem, or other
similar symbol.
   (B) The use of a business name including the words "title" or
"grant deed" or "public record" and the word "agency," "bureau,"
"department," "division," "federal," "state," "county," "city," or
"municipal," or the name of any city, county, city and county, or any
governmental entity.
   (C) The use of an envelope that simulates an envelope containing a
government check, tax bill, or government notice or an envelope that
otherwise has the capacity to be confused with, or mistaken for, an
envelope sent by a governmental entity.
   (D) The use of an envelope or outside cover or wrapper in which a
solicitation is mailed that does not bear on its face in capital
letters and in conspicuous and legible type the following notice:
"THIS IS NOT A GOVERNMENT APPROVED OR AUTHORIZED DOCUMENT."
   (4) That there is a fee payment deadline to obtain a copy of a
property owner's grant deed or other record of title.
   (b) (1) It is unlawful to offer to perform a grant deed copy
service without making the following disclosure:

   "THIS SERVICE TO OBTAIN A COPY OF YOUR GRANT DEED OR OTHER RECORD
OF TITLE IS NOT ASSOCIATED WITH ANY GOVERNMENTAL AGENCY. YOU CAN
OBTAIN A COPY OF YOUR GRANT DEED OR OTHER RECORD OF TITLE FROM THE
COUNTY RECORDER IN THE COUNTY WHERE YOUR PROPERTY IS LOCATED FOR
[AMOUNT OF FEE FOR THE COPY OF A GRANT DEED OR OTHER RECORD OF TITLE
IN THAT COUNTY]."

   (2) The disclosure specified in paragraph (1) shall be placed at
the top of each page of every advertisement or promotional material
disseminated by an offeror of a grant deed copy service and shall be
printed in 14-point boldface type enclosed in a box formed by a heavy
line.
   (3) The disclosure specified in paragraph (1) shall be recited at
the beginning of every oral solicitation and every broadcast
advertisement and shall be delivered in printed form as prescribed by
paragraph (2) before the time each person who responds to the oral
solicitation or broadcast advertisement is obligated to pay for the
service.
   (c) For purposes of this section, "grant deed copy service" means
a service offered by a person, firm, corporation, association, or any
other business entity, through a mailed solicitation to a property
owner, to obtain, for compensation, a copy of the property owner's
grant deed or other record of title.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.