California Civil Code Section 1789.3 requires any business that contracts with California consumers to provide an online purchasing service to disclose three things: the provider’s name, address, and phone number; any charges for using the service; and how to resolve complaints, including the contact details for the state’s Complaint Assistance Unit.1California Legislative Information. California Code Civil Code 1789.3 The disclosures must be given when the consumer signs up and again every year by June 30. A knowing and willful violation can draw a civil penalty of up to $5,000.
Who Has to Comply
The statute reaches any “provider of service” that contracts with California consumers to deliver an “electronic commercial service.” Section 1789.2 defines that service as an electronic shopping system used to buy goods and services through a telecommunications network.2California Legislative Information. California Code CIV 1789.2 – Definitions The definition is broad enough to cover most online retail sites, SaaS platforms that sell services, subscription marketplaces, and mobile apps with in-app purchases. A “consumer” is a natural person buying through the system, and a “provider” is whoever contracts with that consumer to supply the service.
Location of the business does not matter. If you contract with California consumers, the statute applies, even if the company sits elsewhere.
Several things are carved out of the definition and do not trigger the duty:
- Voice-only telephone service, even when used to place orders.
- One-way broadcasts such as television or radio.
- Electronic fund transfer systems.
- Electronic terminals at a physical business location where the same goods or services are already sold.
The Three Required Disclosures
Section 1789.3 lists three categories of information. Miss one and the provider is exposed.1California Legislative Information. California Code Civil Code 1789.3
Name, Address, and Telephone Number
The provider must give its legal name, a physical address, and a working phone number. The statute uses the word “address” without qualifier, which is generally read to mean a place where the business can actually receive service. A standalone P.O. box is a weaker choice.
Charges for Using the Service
The provider must disclose any charge it imposes on the consumer for use of the service itself. That includes subscription fees, membership fees, transaction fees, or any other cost tied to access or use of the platform, as distinct from the price of the goods or services bought through it. If there are no such charges, say so rather than leave the line blank.
Complaint Procedure and State Contact Information
The provider must describe the steps a consumer can take to resolve a complaint or get more information about using the service. That description must include the telephone number and address of the Complaint Assistance Unit of the Division of Consumer Services at the California Department of Consumer Affairs. The current contact information is:
- Mailing address: 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834
- Phone: (800) 952-52103Department of Consumer Affairs. Contact Us
The DCA has reorganized its units over time, so the name shown on the agency’s website may not match the statutory label. Using the statutory name, “Complaint Assistance Unit of the Division of Consumer Services,” tracks the text of the law.
When and How to Deliver the Disclosures
Delivery happens at two moments: when the provider first contracts with the consumer, and again on or before June 30 of each following year.1California Legislative Information. California Code Civil Code 1789.3
The statute does not specify a format, font size, or placement. It says the information must be “provided to consumers,” which leaves room for different methods. Many businesses handle the initial disclosure through their terms of service, a checkout-page notice, or a dedicated California consumer notice visible before the contract is finalized. The annual refresh is often handled by email or by updating a notice on the platform before the June 30 deadline. That annual step is the piece businesses most often miss, especially those who draft their terms once and never revisit them.
There is no “clear and conspicuous” standard written into the section. Even so, a notice hidden where no consumer would find it is a weak defense against the claim that it was never “provided” at all. Put it where a consumer actually encounters it before completing the transaction.
Penalties and Who Can Sue
A provider that knowingly and willfully violates the Electronic Commerce Act faces a civil penalty of up to $5,000.4California Legislative Information. California Code Civil Code 1789.5 Two features of that penalty are worth attention. The “knowingly and willfully” standard makes accidental omissions harder to punish. And the $5,000 figure is not written as a per-violation amount, which could cap recovery in a single action.
Only government officials can bring the action. Section 1789.5 authorizes the Attorney General, any district attorney, any city attorney, and a city prosecutor in a city or city and county that has a full-time prosecutor. The case is filed in the name of the people of the State of California. A private individual cannot sue under this section and collect the penalty.
What Consumers Can Do
Consumers are not shut out entirely. California’s Unfair Competition Law, Business and Professions Code Section 17200, defines unfair competition to include any “unlawful” business act or practice.5California Legislative Information. California Business and Professions Code 17200 A violation of Section 1789.3 can qualify as an unlawful act, because the UCL borrows other statutes and treats violations of them as independently actionable.
Section 17204 lets a private individual sue if they have suffered an injury in fact and lost money or property as a result of the unfair competition.6California Legislative Information. California Business and Professions Code 17204 That standing requirement bites. A consumer who simply never saw a disclosure, without any economic harm connected to the omission, likely cannot bring the case. UCL remedies are limited to injunctive relief and restitution, not traditional damages, but restitution can require a provider to return money consumers paid as a result of the unlawful conduct.
Other Liability Is Not Capped
Section 1789.6 contains a savings clause: nothing in the Electronic Commerce Act limits a provider’s liability to consumers for errors or omissions arising from the operation of the service.7California Legislative Information. California Code Civil Code 1789.6 The $5,000 cap in Section 1789.5 reaches only the disclosure penalty. If a service processes a wrong charge, ships the wrong product, or loses an order, the consumer’s existing remedies for those harms are unaffected.
Putting a Compliant Notice Together
For a business that falls within the statute, the practical task is small but easy to overlook. A complete notice should carry all three required elements in one place: the provider’s name, physical address, and phone number; any charges for using the service, or a statement that there are none; and a complaint procedure that includes the Complaint Assistance Unit’s address and phone number. Many companies place this in a California residents section of their terms of service or in a standalone notice linked from the footer. Then calendar the June 30 refresh and make sure whoever owns the site in a year still knows the date exists.