Advertising and solicitations: government documents.
The legislation adds Section 17533.6.5 to the Business and Professions Code, explicitly allowing nongovernmental entities to solicit fees for public records under stringent conditions. Key stipulations include a prominent declaration identifying the solicitation as an advertisement and ensuring clear disclosure of the actual fees charged by the relevant state or local agency. This framework not only clarifies the legal interplay between commercial solicitors and public records but also fortifies consumer safeguards against misleading claims, supporting the broader intent of the California Public Records Act.
Assembly Bill No. 492, introduced by Assemblymember Grayson, aims to regulate the solicitation of fees for providing copies of public records by nongovernmental entities. The bill addresses increasing complaints from California residents regarding misleading solicitation mailings, which falsely suggest government agency involvement or endorsement. It establishes a framework that allows these entities to solicit fees only under specific disclosure requirements, aimed at ensuring transparency and protecting consumers from deceptive practices.
The sentiment surrounding AB 492 seems largely supportive, particularly among those advocating for consumer rights and clearer regulations within the public records domain. Proponents likely view the bill as a necessary step toward enhancing transparency and deterring deceptive solicitation practices. However, there may be underlying concerns regarding how these regulations could impact legitimate entities seeking to provide information to consumers about public records without crossing into deceitful territory.
Notable points of contention arise concerning the balance between allowing access to public records and preventing misleading practices. Opponents of intrusive solicitation methods and deceptive advertising stand firmly behind the bill, advocating for consumer protection. Yet, there may be concerns regarding the implications for legitimate commercial practices associated with public records access. The law stipulates penalties for non-compliance, such as civil penalties for unlawful solicitations, which could prove burdensome for smaller entities inadvertently caught in regulatory oversights.