California Business and Professions Code § 17539.5

(a) For purposes of this section and Sections 17539.55 and 17539.6: (1) “Broadcast” means the utilization of radio, television, home videos, movie screens, telephones, or other medium, including the Internet, that does not automatically provide the prospective consumer with a printed or written document he or she can read at leisure. (2) “Caller” means a telephone user or end user who calls or may call an information-access service or who receives a telephonic solicitation that results in the recipient being connected to an information-access service. (3) “Carrier” means any regional telephone operating company, interexchange carrier, or local exchange telephone company that provides telecommunications transmission services. (4) “Incentive” means any item or service of value, however denominated, including, but not limited to, any prize, award, gift, or money, or any coupon that can be used in whole or in part to obtain a product or service. (5) “Information provider” means a person who advertises or sells an information-access service and on whose behalf charges are billed. (6) “Information-access service” means any telecommunications service that permits individuals to access a telephone number, and for which the caller is assessed, by virtue of placing or completing the call, a charge that is greater than, or in addition to, the charge for the transmission of the call. Information-access service includes, but is not limited to, telephone numbers with the prefix 900 or 976. (7) “900 number” means any prefixed telephone number used for information-access service and includes, but is not limited to, telephone numbers with the prefix 900 or 976. (8) “Prize” means any item of value given to winners in a sweepstakes who have been selected on the basis of lot or chance. (9) “Program” means the audio message that the caller hears or receives upon placing or receiving a call and being connected to an information-access service. (10) “Sell an information service” means to attempt to cause a caller to act in a manner that causes that caller to be charged for utilizing an information-access service. (11) “Solicitation” includes all forms of solicitation for information-access services, including, but not limited to, mailings, advertisements in newspapers and magazines, advertisements broadcast by radio or television, advertisements contained in home videos or appearing on movie screens, telephone solicitations, and advertisements transmitted over the Internet. “Solicitation” does not include simple listings in telephone directories provided those listings are not accompanied by any advertising text. (12) “Sweepstakes” means any procedure for the distribution of anything of value by lot or by chance that is not unlawful under other provisions of law including, but not limited to, the provisions of Section 320 of the Penal Code. Nothing contained in this section shall be deemed to render lawful any activity that otherwise would violate Section 320 of the Penal Code. (b) It is unlawful for any person to engage in any of the following acts in order to encourage any caller to utilize an information-access service: (1) Soliciting callers by use of an automatic dialing device or a live or recorded outbound telephone message. (2) Utilizing signals or tones provided directly or indirectly by the information provider to access the information-access service. (3) Requiring callers to call more than one 900 number or to require calling the same 900 number more than one time in order to receive goods or services represented in the initial solicitation. (4) Utilizing a telephone number other than a 900 number from which a caller can be automatically connected to the information-access service. (5) Soliciting callers to call a telephone number other than a 900 number, including, but not limited to, an 800 telephone number, when the caller who calls that other number will be referred to a 900 number 

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