California Business and Professions Code 14701 – (a) No person shall include the name, trade name, logo, or …
(a) No person shall include the name, trade name, logo, or tagline of a lender in a written solicitation for financial services directed to a consumer who has obtained a loan from the lender without the consent of the lender, unless the solicitation clearly and conspicuously states that the person is not sponsored by or affiliated with the lender and that the solicitation is not authorized by the lender, which shall be identified by name. This statement shall be made in close proximity to, and in the same or larger font size as, the first and the most prominent use or uses of the name, trade name, logo, or tagline in the solicitation, including on an envelope or through an envelope window containing the solicitation.
(b) No person shall use the name of a lender or a name similar to that of a lender in a solicitation for financial services directed to consumers if that use could cause a reasonable person to be confused, mistaken, or deceived initially or otherwise as to either of the following:
Terms Used In California Business and Professions Code 14701
- Financial services: as used in this chapter means financial services or products that are considered to be financial in nature as described in Section 1843(k) of Title 12 of the United States Code. See California Business and Professions Code 14700
- Lender: as used in this chapter means a bank, savings and loan association, savings bank, credit union, industrial bank, or other lender licensed to make loans in California or a subsidiary or an affiliate of one of those entities. See California Business and Professions Code 14700
(1) The lender’s sponsorship, affiliation, connection, or association with the person using the name.
(2) The lender’s approval or endorsement of the person using the name or the person’s services or products.
(Added by Stats. 2004, Ch. 197, Sec. 1. Effective January 1, 2005.)