California Assembly Bill AB2416

California 2025-2026 Regular Session

• Introduced: 2/20/26

Caption

Privacy: use of a person’s name, voice, signature, photograph, or likeness.

Impact

The bill reinforces the protection of individual privacy rights within the state by maintaining the requirement for prior consent before using a person's identifiable features for commercial means. While the core provisions remain intact, the clarification of damages—including a minimum of $750 or actual damages—underscores the seriousness of unauthorized use and aims to deter potential violations. The overall impact of the bill continues to align with California's strong stance on personal privacy, particularly in an age where digital and media representations are prevalent.

Summary

Assembly Bill No. 2416, introduced by Assembly Member Zbur, amends Section 3344 of the Civil Code, focusing on privacy issues related to the use of a person's name, voice, signature, photograph, or likeness for commercial purposes. The current law stipulates that unauthorized use of such personal identifiers is liable for damages, and the bill proposes a nonsubstantive change to clarify these provisions. Notably, this amendment does not introduce new legal obligations but aims to refine existing regulations related to personal privacy rights in advertising.

Contention

While the bill is largely seen as a protective measure, contention may arise around its application and enforcement. Critics argue that while protecting individual rights is crucial, some provisions could hinder businesses that genuinely need to utilize photographic likenesses for marketing and promotional activities, especially in cases where acknowledgments are complex or consent is difficult to obtain. Thus, while the bill preserves essential privacy rights, it may also evoke debates concerning the balance between personal rights and commercial expression.