§ 823.5. — 823.5. (Amended by Stats. 2018, Ch. 555, Sec. 24.)

(a)
No person or entity licensed under the Business and Professions Code, Corporations Code, Financial Code, or Insurance Code shall market financial services or products to a service member or former service member, or the spouse of a service member or former service member, in a misleading or deceptive manner that suggests any of the following:
(1)
That the person or entity marketing the financial service or product is acting on behalf of one or more branches of the United States military or the United States Department of Veterans Affairs.
(2)
That the person or entity marketing the
financial service or product is an affiliate of one or more branches of the United States military or the United States Department of Veterans Affairs.
(3)
That the financial service or product is being offered on behalf of one or more branches of the United States military or the United States Department of Veterans Affairs.
(b)
If a person who violates this section is licensed under any state licensing law, a violation of this section shall be deemed a violation of the laws under which that person is licensed.
(c)
This section shall not apply to either of the following:
(1)
Any bank as defined in Section 103 of the Financial Code.
(2)
Any credit union as defined in Section 14002 of the Financial Code.
(d)
For purposes of this section:
(1)
“Service member” means a member of an active duty or reserve component of the Armed Forces of the United States or of the active militia, as defined by Section 120.
(2)
“Former service member” means a veteran as defined by Section 980.

Legislative History

Amended by Stats. 2018, Ch. 555, Sec. 24. (AB 3212) Effective January 1, 2019.