Consumer review platforms., the official text

An act to add Chapter 22.9 (commencing with Section 22685) to Division 8 of the Business and Professions Code, relating to business.

LEGISLATIVE COUNSEL'S DIGEST

Existing law prohibits a contract, or proposed contract, for the sale or lease of consumer goods or services from including a provision waiving the consumer’s right to make a statement regarding the seller or lessor, or its employees or agents, or concerning the goods or services.
This bill would prohibit a business from making a consumer review platform available in the state that does not allow a business to opt out of being the subject of consumer reviews or consumer testimonials on the consumer review platform. The bill would define “consumer review platform” to mean an online platform, or a portion of an online platform, that is dedicated to enabling a consumer to see or hear consumer reviews of, or consumer testimonials with respect to, particular businesses that consumers have submitted to the online platform.

The people of the State of California do enact as follows:

SECTION 1.
Chapter 22.9 (commencing with Section 22685) is added to Division 8 of the Business and Professions Code, to read:
22.9.
Consumer Review Platforms22685.
As used in this chapter:
(a) “Consumer review” means a consumer’s evaluation, or a purported consumer’s evaluation, of a product, service, or business that is submitted by the consumer, or purported consumer, and that is published on an internet website or platform dedicated in whole, or in part, to receiving and displaying those evaluations, including a consumer rating that does not include text or narrative.
(b) “Consumer review platform” means an online platform, or a portion of an online platform, that is dedicated to enabling a consumer to see or hear consumer reviews of, or consumer testimonials with respect to, particular businesses that consumers have submitted to the online platform.
(c) “Consumer testimonial” means an advertising or promotional message, including oral statements, demonstrations, or depictions of the name, signature, likeness, or other identifying personal characteristics of an individual, that consumers are likely to believe reflects the opinions, beliefs, or experiences of a consumer who has purchased, used, or otherwise had experience with a product, service, or business.
(d) “Covered business” means a business entity that makes a consumer review platform available in the state.

22686.
A covered business shall not make a consumer review platform available in the state that does not allow a business to opt out of being the subject of consumer reviews or consumer testimonials on the consumer review platform.