Cal. Civ. Code § 1798.190

Current through the 2024 Legislative Session.
Section 1798.190 - Anti-Avoidance

Anti-Avoidance

A court or the agency shall disregard the intermediate steps or transactions for purposes of effectuating the purposes of this title:

(a) If a series of steps or transactions were component parts of a single transaction intended from the beginning to be taken with the intention of avoiding the reach of this title, including the disclosure of information by a business to a third party in order to avoid the definition of sell or share.
(b) If steps or transactions were taken to purposely avoid the definition of sell or share by eliminating any monetary or other valuable consideration, including by entering into contracts that do not include an exchange for monetary or other valuable consideration, but where a party is obtaining something of value or use.

Ca. Civ. Code § 1798.190

Amended by initiative Proposition 24, Sec. 22, approved by the voters at the November 2020 General Election. Effective December 16, 2020. Operative January 1, 2023.
Added by Stats 2018 ch 55 (AB 375),s 3, eff. only if initiative measure No. 17-0039, The Consumer Right to Privacy Act of 2018, is withdrawn from the ballot pursuant to Section 9604 of the Elections Code.