Cal. Code Regs. tit. 16 § 2751

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 2751 - Advertising by Service Dealer

Advertising which shall be deemed untrue or misleading includes, but is not limited to, advertising which fails to conform to the following specifications:

(a) Advertisement for repair of sets or appliances shall contain all of the following information as a protection to those persons answering the advertisement:

(1) The firm name and address of the business enterprise as shown on its service dealer's state registration certificate.

(2) The business telephone number as listed in the local telephone directory.

(b) The use of words such as, "guarantee," "guaranteed," "no fix-no pay," or words of like import, are prohibited unless the terms or qualifications are clearly and completely stated including the disclosure of:

(1) The nature and extent of the guarantee as to time, parts, and/or labor.

(2) The identity of the guarantor; e.g., clearly identifying whether the service dealer, the manufacturer, the retailer, or any combination thereof is the guarantor.

(c) If such terms as "repaired in the home" are included in an advertisement, it shall also be stated therein that there will be a charge if repairs cannot be completed in the home if such is the case.

(d) If the price for a picture tube is quoted in an advertisement, the advertisement shall disclose the following:

(1) Whether the price quoted includes installation.

(2) Whether the picture tube offered is new, used, rebuilt, or rejuvenated.

(e) The use of the word "free" is not permitted in any advertisement unless the article or service is actually free, or if the offer is conditioned in any way, such conditions are clearly set forth in the advertisement.

(f) Terms such as "24 Hour," "Day and Night," or words of like import, shall not be used to describe the operations of the firm unless such service is actually available to the public at any time during the 24 hours of the day and night. An answering service that relays messages for scheduling service calls for a later time shall not be sufficient.

(g) It shall not be stated or implied in any advertisement that repairs or services will be performed by any person who is "Factory Trained," a "Factory Specialist," "Factory Authorized," "Authorized," "Licensed," "Certified," or words of like import, unless such words are true and not misleading.

(h) The words "Discount coupons," "Discount prices" or words of similar import shall not be used in any advertisement unless the normal or customary price which is being discounted is prominently displayed in such advertisement and is referred to as such, i.e., "$5.00 off regular service call price ... regular service call $17.50."

(i) If the price of a service call, as it is defined in Section 2702(r) of these Regulations, is quoted in an advertisement, no charges shall be made in addition to the service call charge advertised except as provided in Section 9844 of the Act.

Cal. Code Regs. Tit. 16, § 2751

1. Amendment of subsection (a)(1) filed 6-19-78; effective thirtieth day thereafter (Register 78, No. 25). For prior history, see Register 75, No. 26.
2. Renumbering of section 2723 to section 2751 and amendment of subsections (a) and (f) filed 11-10-80; effective thirtieth day thereafter (Register 80, No. 46).
3. Editorial correction of subsection (i) (Register 81, No. 2).
4. Amendment of subsection (a) filed 12-22-82; effective thirtieth day thereafter (Register 82, No. 52).
5. Amendment filed 6-14-91; operative 7-14-91 (Register 91, No. 36).
6. Change without regulatory effect amending subsection (i) filed 9-26-91 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 6).
7. Change without regulatory effect amending subsection (i) filed 2-4-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 6).

Note: Authority cited: Sections 9814 and 9841, Business and Professions Code. Reference: Sections 9841 and 9846, Business and Professions Code.