California Business and Professions Code

§ 6158.4

BPC § 6158.4 Effective Jan 1, 2026Div. 3 · Ch. 4 · Art. 9.5

Statute text

(a)Any person claiming a violation of Section 6157.2, 6158, 6158.1, or 6158.3 may file a complaint with the State Bar that states the name of the advertiser, a description of the advertisement claimed to violate these sections, and that specifically identifies the alleged violation. A copy of the complaint shall be personally served simultaneously upon the advertiser. The advertiser shall have nine days from the date of personal service of the complaint to voluntarily withdraw from broadcast the advertisement that is the subject of the complaint. If the advertiser elects to withdraw the advertisement, the advertiser shall notify the State Bar and the complainant of that fact in writing, and no further action may be taken by the complainant, including, but not limited to, seeking remedies pursuant to subdivision (c) of Section 6157.2. The advertiser shall provide a copy of the complained of advertisement to the State Bar for review within seven days of service of the complaint. Within 21 days of the delivery of the complained of advertisement, the State Bar shall determine whether substantial evidence of a violation of these sections exists. The review shall be conducted by a State Bar attorney who has expertise in the area of lawyer advertising.

(b)(1) Upon a State Bar determination that substantial evidence of a violation exists, if the licensee or certified lawyer referral service withdraws that advertisement from electronic media within 72 hours, no further action may be taken by the complainant. For any other medium, notice of withdrawal shall be submitted to the State Bar within 72 hours and withdrawal shall occur as soon as practicable but not to exceed 30 days.

(2)Upon a State Bar determination that substantial evidence of a violation exists, if the licensee or certified lawyer referral service fails to withdraw the advertisement as provided in paragraph (1), a civil enforcement action brought pursuant to subdivision (e) for a violation of Section 6157.2, 6158, 6158.1, or 6158.3, or brought pursuant to subdivision (c) of Section 6157.2 for a violation of Section 6157.2, may be commenced within one year of the State Bar decision. If the licensee or certified lawyer referral service withdraws an advertisement upon a State Bar determination that substantial evidence of a violation exists and subsequently rebroadcasts the same advertisement without a finding by the trier of fact in an action brought pursuant to subdivision (c) or (e), or pursuant to subdivision (c) of Section 6157.2, that the advertisement does not violate Section 6157.2, 6158, 6158.1, or 6158.3, a civil enforcement action may be commenced within one year of the rebroadcast.

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Legislative history

Amended by Stats. 2025, Ch. 645, Sec. 6. (SB 37) Effective January 1, 2026.