AB 1865: Text message advertisements.

Official summary

Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.

Existing law generally prohibits a person, entity conducting business, candidate, or political committee in this state from transmitting, or causing to be transmitted, a text message advertisement to specified devices. Existing law excepts from this prohibition specific text message advertisements, including a text message advertisement transmitted by a business, candidate, or political committee that has an existing relationship with the subscriber if the subscriber is offered an option not to receive text messages from that business, candidate, or political committee. Existing law defines terms for these purposes, including “text message advertisement.” Existing law enforces these prohibitions pursuant to the provisions related to unfair competition and makes a violation of these provisions a misdemeanor.

This bill would prohibit an allowed text message advertisement from being transmitted to a recipient between 9:00 p.m. and 9:00 a.m., regardless of whether the recipient consented to receiving a text message advertisement. The bill would require a sender to adjust message timing to Pacific standard time. The bill would authorize the recipient of a text message advertisement in violation of this timing prohibition to bring a civil action against a transmitter who knew, or should have known, the text message advertisement violated this prohibition. The bill would also authorize a public prosecutor or the Attorney General to bring an action to enforce these provisions for specified remedies. The bill would, notwithstanding any other law, exclude a violation of this prohibition from being a crime.

Sponsors

Sponsors by party (alphabetical): Democratic 1

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. May 14, 2026In committee: Held under submission.
2. May 6, 2026In committee: Set, first hearing. Referred to APPR. suspense file.
3. April 22, 2026From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 1.) (April 21). Re-referred to Com. on APPR.
4. March 25, 2026From committee: Do pass and re-refer to Com. on JUD. (Ayes 15. Noes 0.) (March 25). Re-referred to Com. on JUD.
5. March 18, 2026Re-referred to Com. on P. & C.P.
6. March 17, 2026From committee chair, with author's amendments: Amend, and re-refer to Com. on P. & C.P. Read second time and amended.
7. February 23, 2026Referred to Coms. on P. & C.P. and JUD.
8. February 12, 2026From printer. May be heard in committee March 14.
9. February 11, 2026Read first time. To print.