Consumer Alerts

OAKLAND — California Attorney General Rob Bonta today urged shoppers to be on the lookout for common scams this holiday season and offered tips on how to shop safely. As Black Friday and Cyber Monday quickly approach, Californians should stay alert and take action to protect themselves and their loved ones from purchases that can cause headaches and heartbreak.   

“As the holiday season approaches and folks look for the best deals, consumers should slow down and check their safety list twice,” said Attorney General Bonta. “I urge Californians to know their rights, familiarize themselves with shopping pitfalls, and report scams and illegal activity to my office and local law enforcement agencies. Happy and safe shopping, California!”

Be On the Lookout For: 

Gift Card Draining  

Gift card draining is a scam in which bad actors record pin numbers and other information from unpurchased gift cards. Once those cards are purchased by unsuspecting consumers, and money is loaded into the card, the scammer immediately uses the numbers to make purchases, leaving buyers with worthless gift cards. 

When purchasing a gift card, make sure the card is sealed and the protective cover and tape covering the pin is intact; remember to keep the store receipt in case the gift card you purchase is found to have been compromised. If a purchased gift card is compromised, report it to the gift card company directly, ask for a freeze on the card, and request a refund. You may also file a complaint with our office at oag.ca.gov/report. 

Hidden Fees 

Check your receipts! In California most hidden fees are illegal. Senate Bill 478 (SB 478) requires that the price listed includes all mandatory charges consumers will pay. SB 478, which went into effect on July 1, 2024, makes it illegal for a business to advertise or list a price for a good or service that does not include all required fees or charges except for certain government taxes and shipping costs. 

Mandatory fees charged by restaurants, bars, and other select food vendors are exempted from SB 478’s requirements so long as the fee is clearly and conspicuously displayed on the menu. Consumers who observe apparent violations are encouraged to have a conversation with the business about coming into compliance. Consumers, employees, and competitor businesses who observe apparent violations can also file a complaint with our office at oag.ca.gov/report.

Gender-Based Price Differences

Under AB 1287, businesses are prohibited from charging different prices for substantially similar goods based on the gender of the product’s target audience — a practice known as the “Pink Tax” when it is used to charge women higher prices than men for essentially the same goods. If you have seen or believe you are the victim of illegal gender-based price differences, please file a complaint at oag.ca.gov/report.

Lack of a Gender-Neutral Products Section

Does your department store have a gender-neutral children section? As of January 1, 2024, large retail department stores that sell childcare items or toys must maintain a gender-neutral section for these items. Under AB 1084, retail department stores that have physical locations in California and 500 or more employees across all California locations must maintain a gender-neutral section, where a reasonable selection of the childcare items and toys for children that they sell must be displayed, regardless of whether these products are traditionally marketed for boys or girls. By requiring large retailers to maintain a gender-neutral section, AB 1084 makes it more difficult for these retailers to engage in gender-based pricing discrimination and reduces the imposition of gender stereotypes on children.

If you do not see an adequate gender-neutral product section in a large retail department store in California that you believe is covered by this law, you may take pictures, document, and file a complaint with our office at oag.ca.gov/report. 

Tips for Safe Shopping:

• Take time to compare products. To get the best deal, do research, check product comparison sites, and read online reviews.
• Be suspicious of a price or deal that seems too good to be true. Chances are, it probably is. There is always the possibility that the seller may not send you anything, or the item you get may be counterfeit or stolen.
• Check to see if a business is legitimate. Search online for customer feedback, complaints, and other information that will help you determine whether a seller is legitimate or trustworthy. More information on how to check a company’s background can be found here.  
• Use a credit card when shopping. Shopping with a credit card allows you to dispute charges if something goes wrong. Cash, money order, cryptocurrency, or wire transfers do not provide you with the same ability to reverse the charge. If you receive an unauthorized or incorrect charge on your credit card, you can follow these steps to dispute the charge.
• Give gifts, not personal information. Before providing any personal or financial information online, always make sure that the website you are on is secure. You can check this by looking at the URL address to see if it begins with "https" (the “s” indicates it’s secure) and/or has a lock icon displayed, typically on the left-hand side. Do not provide your credit card number, checking account, or social security number via email, as this is never a safe way to transmit financial information. You can find more tips regarding online purchases here.
• Don’t open links from unsolicited text messages. You may receive text messages from unknown numbers offering discount codes or access to exclusive sales. Think twice before clicking on these links, as they may expose you to a scam, hacker, downloadable malware, or add your number to a calling list without your consent. 
• Close accounts on websites and apps that you no longer need. By closing your accounts, you remove private data from services you no longer use and minimize your digital footprint. You have the right to delete your personal information under the California Consumer Privacy Act. More information on data privacy and security can be found here.
• Understand the pitfalls of zero-interest financing offers. While a company may advertise a zero-interest rate, be aware that not everyone will qualify. Oftentimes, qualifying for zero-interest financing requires you to have a near-perfect credit score. Zero-interest financing may also come with certain restrictions, and in many cases the offer may just be an introductory rate, with a very high-interest rate once the introductory period ends. You can find additional information on zero-interest financing here.
• Be cautious about “Buy Now, Pay Later” financing. Buy now, pay later offers can come with hefty interest rates and late fees, especially if you aren’t able to make payments on time. Late payments can also hurt your credit and result in lawsuits by debt collectors. You can find additional information on buy, now pay later financing here. 

Schemes to sell sick puppies leave new owners with high vet bills and anguish

OAKLAND — California Attorney General Rob Bonta today urged consumers looking to purchase pets to be vigilant for deceptive and criminal breeders. These breeders often subject animals to unhygienic and cruel living conditions, leading to poor health outcomes for pets and high veterinary bills and heartache for new owners. Puppy mills are commercial dog breeding facilities that disregard dogs' health and safety to maximize profits. Deceptive breeders will often advertise puppies as having been born to a litter in the breeder’s home when in reality, puppies are born in puppy mills.

“I adopted my dogs, Luna and Solí, from a shelter, and they have become deeply cherished members of our family. While I highly encourage Californians to adopt their pets from animal shelters and rescue organizations, consumers who continue to purchase their dogs from breeders should ensure the person they are buying from is responsible, honest, and credible,” said Attorney General Rob Bonta. “Tragically and too often, shady breeders only interested in making a profit sell chronically sick, injured, and mistreated puppies to unsuspecting consumers. This is sickening. I urge Californians to be vigilant and watch out for negligent breeders.” 

"Consumers greatly underestimate the variety and selection of beautiful, healthy, friendly pets they can find in shelters statewide, and we strongly urge them to check with their local shelters first when ready for a new pet," said Jill Tucker, CEO of the California Animal Welfare Association. "Shelters throughout California are inundated with wonderful puppies, kittens, and adult animals that are ready for new homes, along with knowledgeable staff and volunteers that will help them select the right match. There has never been a better time to adopt."

Know What to Look For:

A reputable breeder should meet you in person — not sell their puppies or kittens through pet stores or online to people they have not met. They will show you records and openly share details about how the animal was born and raised, individual records of health tests and veterinary records for the animal and their parents, and the animals’ living conditions. Be suspicious if a breeder doesn't ask you questions or seem concerned about the well-being of their animals. Responsible breeders will want you to sign a contract and will ask you to return the pet to them if you are ever unable to keep them.

Deceitful sellers may understand you want to take precautions and try to persuade you that it’s not necessary. The California Department of Justice urges consumers who obtain their pets from breeders to do the following:

• Get a referral and ask for references. Ask your veterinarian, trusted friends, local breed clubs, and professional dog or cat shows to find a reputable breeder. Ask breeders for references, including those of the veterinarians they use.
• Visit the breeder’s home. Be sure the animals’ living conditions are clean and humane. Ask to see the animal’s parents and the nursery area yourself. Never buy a puppy or kitten without visiting where they and their parents were raised and housed—don’t just trust papers and pictures.
• Be wary of a seller who sells animals from a parking lot or other location other than their home. Some scammers use this tactic and then disappear, leaving new owners stuck with large veterinary bills and heartache. Scammers often resell puppies from puppy mills and make up stories for sympathy.
• Ask the seller lots of questions and verify their official identification. Make sure the breeder is responsible. Many responsible breeders often rigorously evaluate buyers. Credible breeders often belong to purebred animal breeding clubs and demonstrate high ethical values regarding the breeding of animals. Make sure to ask lots of questions about the pet’s history, temperament, and other important information.
• Make sure the animal has been examined by a veterinarian. Get copies of all medical records, and confirm the records with the vet directly—if medical records are missing, that is a red flag. Make sure the animal is vaccinated—unvaccinated puppies and kittens may have already contracted a serious disease.
• Pay with a traceable form of payment rather than cash and ask for a receipt. The receipt should include the seller’s name, address, and license number — a seller who only accepts cash or won’t provide a receipt is not a reputable seller.
• Insist on a written guarantee of good health and find out if the animal can be returned for any reason. A seller who agrees to provide a written health guarantee and to accept return of the animal is more likely to care about the animal and have their best interest in mind.
• Be wary if the puppy or kitten seems ill, depressed, or lethargic. These could be signs of serious medical problems.
• Take your new pet to your vet. Ensure your new pet undergoes an exam and any necessary vaccinations as soon as possible.

Understand Your Rights:

California law allows select small breeders and pet retailers to sell pets if they maintain health and safety standards for their animals and provides for a remedy for consumers who unknowingly purchase sick pets.

The Lockyer-Polanco-Farr Pet Protection Act (CA Health & Safety Code § 122125 et seq.)

Pet retailers selling more than 50 dogs or cats a year to must have a permit, maintain health and safety standards for their animals, sell only healthy animals, and provide written spay-neuter, health, and animal history disclosures to pet buyers.

If a dog or cat becomes ill due to a pre-existing illness within 15 days from purchase, or if the pet is adversely affected by a congenital or hereditary condition within one year from purchase, the seller must offer the owner a refund, exchange another puppy or kitten, or reimbursement of veterinary bills up to 150% of the pet’s purchase price. 

The Polanco-Lockyer Pet Breeder Warranty Act (CA Health & Safety Code § 122045 et seq.)

The law offers protection similar to that of the Lockyer-Polanco-Farr Pet Protection Act except that it applies only to dog breeders who sold or gave away either three litters or 20 dogs in the previous year.

AB 485  

AB 485, which went into effect in January 2019, prohibits pet store operators from selling animals unless they were obtained from a public animal control agency, shelter, or animal rescue group. This law does not prohibit someone from obtaining an animal directly from a breeder.

Helpful Resources:

If you are concerned about a possible puppy mill in your area, please file a complaint with The Humane Society, here.

If you suspect criminal conduct related to a puppy mill or breeder, please file a complaint with your local District Attorney's Office. You may also file a complaint with our office at oag.ca.gov/report.

SAN FRANCISCO — California Attorney General Rob Bonta today delivered remarks on California Department of Justice’s preparations to protect California’s values, people, and natural resources ahead of a second Trump Administration. To view a recording of the press conference, please visit here. 

Attorney General Bonta's Remarks as Prepared for Delivery:

As the reality of a second Trump Administration takes hold, I know there is a great deal of fear, sadness, anxiety, and panic. 

I understand. 

I’m here today to reassure you that in California, progress will prevail. 

No matter who is in the White House, no matter who holds control of Congress, in California we will keep moving forward. 

In California, we will choose calm over chaos. 

Fact over fiction.

Belonging over blame.

Unity over division. 

“Us and we” over “I and me.” 

It’s why we’re the 5th largest economy in the world. Not in spite of our commitment to workers, consumers, and the environment, because of it. 

Because we’re the largest and most diverse state in the nation.

Because we believe in the power of inclusivity.

Because we believe in truth over lies. Hope over hate. Light over dark.

Because  we believe in looking forward.

It’s who we are in the Golden State. It’s in our DNA. Nothing and no one can change that. 

As Attorney General, I’ll continue to use the full force of the law and authority of this office to address injustice. 

To stand up for all people, especially those who have long been overlooked and undervalued.

To safeguard reproductive rights. 

And advocate for more housing — especially more affordable housing for lower and middle-income families just trying to get by.

I’ll continue to take on greedy corporate giants and fight for more affordable gas, groceries, and everything in between.  

I’ll continue to defend our world-renowned natural resources and protect them for generations to come. 

Continue to fight for clean water to drink and clean air to breathe.

Continue to crack down on illicit guns on our streets and get fentanyl out of our neighborhoods. 

Continue to fight for workers.

I’ll continue to protect, defend, and serve every single Californian. No matter your politics. 

I’m here to ensure every person — no matter how they look, how much money they make, where they’re from, who they love, how they identify, or how they pray — can pursue their version of the California Dream. 

A fair wage and good benefits.  

A safe and affordable place to live.  

Affordable and accessible health care. 

Good schools to send our kids to. 

Safe neighborhoods to raise our families. 

That’s my promise to you, no matter who is in the White House.  

We’ve been here before.

We lived through Trump 1.0. 

We know what he’s capable of. 

We know what plans he has in store. 

The silver lining is just that: we know. 

We know to take Trump at his word when he says he’ll roll back environmental protections, go after our immigrant and LGBTQ+ communities, attack our civil rights, and restrict access to essential reproductive care.

Which means, we won’t be flat-footed come January.

You can be sure that as California Attorney General, if Trump attacks your rights: I’ll be there. 

If Trump comes after your freedoms: I’ll be there. 

If Trump jeopardizes your safety and well-being: I’ll be there.

California DOJ did it before and we’ll do it again.  

During the last Trump Administration, California DOJ fought to stop illegal rollbacks and proposals that would’ve harmed the well-being, health, safety, and civil rights of our people and of people across the country. 

That would have caused irrevocable damage to our environment.

No matter who is in charge of the federal government…

No matter what the incoming Administration has in store… California will remain the steadfast beacon of progress it has long been.  

A constant, unwavering, immoveable force to be reckoned with.  

We’ll continue to be a check on overreach and push back on abuse of power. 

Be the antidote to dangerous, extremist, hateful vitriol.

Be the blueprint of progress for the nation to look to.

Remember: in moments of chaos in D.C., you can always look to California for calm resolve. 

California leaders across the state are ready to stand arm-in-arm. 

Governor Newsom and every single Constitutional Officer;  

Senator Padilla and Senator-elect Schiff;  

Democratic members of Congress; 

Pro Tem McGuire, Speaker Rivas, and the California Legislature; 

Mayors, supervisors, and city councilmembers from San Francisco to San Diego are ready to fight for our California values. 

For our people. For our environment.

For progress and justice.

And as necessary, we’re ready to take on the challenges of a second Trump Administration — together.

While a great deal of change is on the horizon…

California’s path to progress remains full steam ahead.

It may not always be linear. Progress so rarely is. 

It zigs and zags. Takes frustrating detours. Inches forward and backward and forward again. 

The detours and setbacks don’t define our progress.

Our commitment to forward momentum defines our progress. Defines us. 

It’s what we do next that will define us. 

If you’re feeling despondent today, remember that you’re not alone. 

In California, we’re not looking back. We’re not moving back. 

We’re California! We’ll meet any challenges head on and rise to the occasion.

As is so often said, as California goes, so goes the nation.

In the days and months and years to come, all eyes will look west. 

In California, they’ll see: we’re still moving forward.

Thank you. 

 Staying safe online is easier than you think

OAKLAND – In recognition of Cybersecurity Awareness Month, which is celebrated annually every October, California Attorney General Rob Bonta today provided tips for consumers and businesses to defend themselves against cybersecurity threats. 

“During Cybersecurity Awareness Month and beyond, I urge Californians and businesses to take online threats seriously,” said Attorney General Bonta. “Don’t wait for a cyberattack or data breach to prioritize your protection – the time to act is now. Whether you’re an individual or a business, digital security is for everyone. In a world that increasingly operates online, keeping data safe is a collective responsibility.” 

The theme of Cybersecurity Awareness Month 2024 is “Secure Our World,” to remind us that there are simple ways to protect yourself, your family, and your workplace from online threats.

Below are four simple and effective ways you can stay safe online at home or on the job:

Use Strong Passwords

Fight the urge to reuse passwords. Strong passwords are long, random, and unique, and include all four character types (uppercase, lowercase, numbers, and symbols). Password managers are a powerful tool to help you create strong passwords for each of your accounts.

Turn On Multifactor Authentication (MFA)

Turning on MFA provides you with extra security by confirming your identity when logging in to your accounts. MFA significantly protects you from being hacked. Enable MFA on all your online accounts that offer it, especially email, social media, and financial accounts.

Think Before You Click!

Be cautious of unsolicited messages asking for personal information and avoid sharing sensitive information or credentials with unknown sources. Phishing is the fraudulent practice where bad actors send emails or other messages pretending to be from reputable sources in order to obtain private and personal information from individuals. Report phishing attempts and remember to delete the phishing message.

Promptly Update Software

Avoid clicking “Remind me later” when you see an update alert. Ensuring your software is up to date is the best way to make sure you have the latest security updates on your devices. Regularly check for updates if automatic updates are unavailable.

Helpful Resources

Individuals can find data privacy resources and information on our privacy and data security web page. Additional cybersecurity resources can be found on the Cybersecurity & Infrastructure Security Agency’s (CISA) cybersecurity resources website, as well as on the National Institute of Standards and Technology’s cybersecurity website.

Businesses can find useful cybersecurity resources on CISA’s resources for business web page.

California law requires a business or state agency to notify any California resident whose unencrypted personal information was acquired, or reasonably believed to have been acquired, during a data security breach. You can find more information regarding this requirement on our data security breach reporting web page.

For more information about Cybersecurity Awareness Month, visit here.

Platform designed to promote excessive, compulsive, and addictive use

SAN FRANCISCO — California Attorney General Rob Bonta and New York Attorney General Letitia James today co-led a bipartisan coalition of 14 attorneys general in filing separate enforcement actions against TikTok for violations of state consumer protection laws. Filed in Santa Clara County Superior Court, Attorney General Bonta’s action alleges that TikTok exploits and harms young users and deceives the public about the social media platform’s dangers. The action seeks significant penalties, as well as injunctive and monetary relief, to address TikTok’s misconduct.

“Our investigation has revealed that TikTok cultivates social media addiction to boost corporate profits. TikTok intentionally targets children because they know kids do not yet have the defenses or capacity to create healthy boundaries around addictive content,” said Attorney General Rob Bonta. “When we look at the youth mental health crisis and the revenue machine TikTok has created, fueled by the time and attention of our young people, it’s devastatingly obvious: Our children and teens never stood a chance against these social media behemoths. TikTok must be held accountable for the harms it created in taking away the time — and childhoods — of American children.” 

“Young people are struggling with their mental health because of addictive social media platforms like TikTok,” said New York Attorney General Letitia James. “TikTok claims that their platform is safe for young people, but that is far from true. In New York and across the country, young people have died or gotten injured doing dangerous TikTok challenges and many more are feeling more sad, anxious, and depressed because of TikTok’s addictive features. Today, we are suing TikTok to protect young people and help combat the nationwide youth mental health crisis. Kids and families across the country are desperate for help to address this crisis, and we are doing everything in our power to protect them.”

Use of TikTok is pervasive among young people in the United States. In 2023, 63% of all Americans aged 13 to 17 who responded to a Pew Research survey reported using TikTok, and most teenagers in the U.S. were using TikTok daily; 17% of American teens said that they were on TikTok “almost constantly.”

In today’s lawsuit, Attorney General Bonta alleges TikTok violated California’s consumer protection statutes, the Unfair Competition Law (UCL), and the False Advertising Law (FAL).

According to the complaint, TikTok’s misconduct arises from its underlying business model that focuses on maximizing young users’ time on the TikTok platform so as to enable the company to boost revenue from selling targeted advertising space. TikTok’s misconduct includes: 

Deploying a content-recommendation system designed to be addictive in order to maximize the time young users spend on the platform. TikTok’s algorithmic features are designed to keep minors on the platform as long as possible and as often as possible, despite the dangers of compulsive use.

Using manipulative features to addict young users and maximize their time on its platform. These features exploit children's psychological vulnerabilities and are deployed to keep kids and teens on the platform for longer. 

BEAUTY FILTERS

Beauty filters and effects are deeply harmful to young users; they foster unrealistic beauty standards, harm self-esteem, and can induce negative body image issues and related physical and mental disorders. TikTok knows these filters and effects significantly increase platform use, particularly among young users, and retains these features despite their harms.

AUTOPLAY

To manipulate users into compulsively spending more time on the platform, TikTok does not allow them to disable Autoplay. TikTok uses Autoplay to continuously play new and temporary posts; this exploits young users’ novelty-seeking minds and eliminates their autonomy to choose to stop.

ENDLESS/INFINITE SCROLL

Endless scrolling compels young users to spend more time on the platform by making it difficult to disengage. It strips away a natural stopping point or opportunity to turn to a new activity and distorts users’ perception of time.

TIKTOK STORIES AND TIKTOK LIVE

Content on these features is only available temporarily — users must tune in immediately or lose the opportunity to interact. These time-sensitive features are designed to encourage young users to compulsively return to the platform by exploiting their uniquely sensitive fear of missing out. 

PUSH NOTIFICATIONS

Push notifications unfairly entice young users by overloading and overwhelming them to return to the platform. Some pushes are designed to keep young users from quitting the platform altogether, and others encourage young users to open the application. TikTok has even used fake notifications to manipulate users into opening its platform. 

LIKES AND COMMENTS

At key development states it can be overwhelmingly important for children and teens to be accepted by their peers. TikTok’s design and display of highlighting “likes” as a form of social validation has an especially powerful effect on young users and can neurologically alter teenagers’ perception of online posts, in addition to driving compulsive use.

Engaging in a scheme that deceptively markets the platform and platform features as promoting young users’ safety and well-being. TikTok employs a coordinated array of features, tools, content moderation efforts, community guidelines, and public assurances intended to promote a public narrative that the platform is appropriate and safe for young users and that TikTok prioritizes user safety. In truth, such features and efforts do not work as advertised, the harmful effects of the platform are far greater than acknowledged, and TikTok does not prioritize safety over profit.

Exploiting children’s data without parental notice or consent. Despite knowing certain users are under 13 years old and despite the platform being directed toward children, TikTok has collected and used personal information from children's accounts without parental consent or notice. Doing so is both unfair and fails to satisfy TikTok’s obligations under federal law. 

Attorneys general from the following states join Attorney General Bonta today in filing separate enforcement actions against TikTok to hold it accountable for its role in the children's mental health crisis: New York, Illinois, Kentucky, Louisiana, Massachusetts, Mississippi, North Carolina, New Jersey, Oregon, South Carolina, Vermont, Washington, and the District of Columbia. As of today, 23 attorneys general have filed actions against TikTok for its conduct toward youth, including existing actions filed by the attorneys general of Utah, Nevada, Indiana, New Hampshire, Nebraska, Arkansas, Iowa, Kansas, and Texas. 

Attorney General Bonta is a steadfast leader in protecting children against the mental health harms of using social media. In March 2022, Attorney General Bonta announced a nationwide investigation into TikTok, and in March 2023, he filed an amicus brief demanding TikTok comply with state investigations. In October 2023, Attorney General Bonta co-led a bipartisan coalition of 33 attorneys general in filing a federal lawsuit against Meta alleging the company designed and deployed harmful features that addict children and teens to their mental and physical detriment, and in November 2023, he announced the public release of a largely unredacted copy of the federal complaint. Last month, Attorney General Bonta issued a statement after Senate Bill 976 (SB 976) was signed into law by Governor Gavin Newsom. SB 976 provides important new protections for young people in California by resetting the defaults on social media platforms to disfavor addictive algorithmic feeds, notifications, and other addictive design features that lead children and teens to spend hours and hours on their platforms. 

A copy of the redacted complaint can be found here. 

Eligible drivers can submit claims at Calgaslitigation.com

OAKLAND — California Attorney General Bonta today urged California residents who purchased gas in Southern California between February 20, 2015 and November 10, 2015 to submit a claim for a payment under the state’s settlement with gas trading firms for tampering with and manipulating prices for California gasoline. Eligible Californians may submit a claim online at www.CalGasLitigation.com.

“Market manipulation and price gouging are illegal and unacceptable, particularly during times of crisis when people are most vulnerable,” said Attorney General Bonta. “I am proud to deliver money back to Californians who were victims of gas price manipulation. As the People’s Attorney, I am committed to combating corporate greed and ensuring justice for the people of California.”

In July, Attorney General Bonta announced a $50 million settlement with gas trading firms, resolving allegations that Vitol, Inc. and SK Energy Americas, Inc., along with its parent company SK Trading International, secretly worked together to tamper with and manipulate spot market prices for California gasoline. If you purchased gasoline in Los Angeles, San Diego, Orange, Riverside, San Bernardino, Kern, Ventura, Santa Barbara, San Luis Obispo, and/or Imperial counties in California between February 20 and November 10, 2015, you may be eligible for a payment.

The Attorney General's settlement is in addition to a settlement of a private class action lawsuit filed in federal court. 

To submit a claim, learn full details about your rights and options, and access frequently asked questions, visit www.CalGasLitigation.com.

OAKLAND – California Attorney General Rob Bonta today issued a consumer alert following Governor Newsom’s declaration of a state of emergency in Lake County to support communities recovering from the Boyles Fire. The Boyles Fire, now contained, spread through the City of Clearlake, threatening structures, homes, and critical infrastructure. The fire ultimately damaged or destroyed over 30 structures.

In today’s alert, Attorney General Bonta reminds all Californians that price gouging during a state of emergency is illegal under Penal Code Section 396. Californians who believe they have been the victim of price gouging should report it to their local authorities or to the Attorney General at oag.ca.gov/report. To view a list of all price gouging restrictions currently in effect as a result of proclamations by the Governor, please see here.

“As the community of Clearlake recovers from the Boyles Fire, I want to remind folks that California’s price gouging law protects people impacted by an emergency from illegal price gouging on housing, gas, food, and other essential supplies,” said Attorney General Bonta. “If you see price gouging, please file a complaint with my office online at oag.ca.gov/report or contact your local police department or sheriff’s office.” 

California law generally prohibits charging a price that exceeds, by more than 10%, the price a seller charged for an item before a state or local declaration of emergency. For items a seller only began selling after an emergency declaration, the law generally prohibits charging a price that exceeds the seller's cost of the item by more than 50%. This law applies to those who sell food, emergency supplies, medical supplies, building materials, and gasoline. The law also applies to repair or reconstruction services, emergency cleanup services, transportation, freight and storage services, hotel accommodations, and rental housing. Exceptions to this prohibition exist if, for example, the price of labor, goods, or materials has increased for the business.

Violators of the price gouging statute are subject to criminal prosecution that can result in a one-year imprisonment in county jail and/or a fine of up to $10,000. Violators are also subject to civil enforcement actions including civil penalties of up to $2,500 per violation, injunctive relief, and mandatory restitution. The Attorney General and local district attorneys can enforce the statute.

OAKLAND – California Attorney General Rob Bonta today issued a consumer alert following Governor Newsom’s declaration of a state of emergency in Los Angeles and San Bernardino Counties in response to the Bridge Fire and in Orange and Riverside Counties in response to the Airport Fire. The Bridge Fire has burned over 51,000 acres, and the Airport Fire over 23,000 acres, forcing the evacuation of residents and threatening homes and critical infrastructure.

In today’s alert, Attorney General Bonta reminds all Californians that price gouging during a state of emergency is illegal under Penal Code Section 396. Californians who believe they have been the victim of price gouging should report it to their local authorities or to the Attorney General at oag.ca.gov/report. To view a list of all price gouging restrictions currently in effect as a result of proclamations by the Governor, please see here.

“As numerous wildfires force evacuations across Southern California, I want to be very clear: California’s price gouging law protects people impacted by an emergency from illegal price gouging on housing, gas, food, and other essential supplies,” said Attorney General Bonta. “If you see price gouging, please file a complaint with my office online at oag.ca.gov/report or contact your local police department or sheriff’s office.”

California law generally prohibits charging a price that exceeds, by more than 10%, the price a seller charged for an item before a state or local declaration of emergency. For items a seller only began selling after an emergency declaration, the law generally prohibits charging a price that exceeds the seller's cost of the item by more than 50%. This law applies to those who sell food, emergency supplies, medical supplies, building materials, and gasoline. The law also applies to repair or reconstruction services, emergency cleanup services, transportation, freight and storage services, hotel accommodations, and rental housing. Exceptions to this prohibition exist if, for example, the price of labor, goods, or materials has increased for the business.

Violators of the price gouging statute are subject to criminal prosecution that can result in a one-year imprisonment in county jail and/or a fine of up to $10,000. Violators are also subject to civil enforcement actions including civil penalties of up to $2,500 per violation, injunctive relief, and mandatory restitution. The Attorney General and local district attorneys can enforce the statute.

OAKLAND – California Attorney General Rob Bonta today issued a consumer alert following Governor Newsom’s declaration of a state of emergency in San Bernardino County due to the Line Fire. The fast-moving Line Fire near the City of Highland has burned over 20,000 acres, forcing the evacuation of residents and threatening homes and critical infrastructure.

In today’s alert, Attorney General Bonta reminds all Californians that price gouging during a state of emergency is illegal under Penal Code Section 396. Californians who believe they have been the victim of price gouging should report it to their local authorities or to the Attorney General at oag.ca.gov/report. To view a list of all price gouging restrictions currently in effect as a result of proclamations by the Governor, please see here.

“As the Line Fire forces evacuations across San Bernardino County, I ask Californians to listen to communication from officials and keep safe. I also want to be clear: California’s price gouging law protects people impacted by an emergency from illegal price gouging on housing, gas, food, and other essential supplies,” said Attorney General Bonta. “If you see price gouging, please file a complaint with my office online at oag.ca.gov/report or contact your local police department or sheriff’s office.” 

California law generally prohibits charging a price that exceeds, by more than 10%, the price a seller charged for an item before a state or local declaration of emergency. For items a seller only began selling after an emergency declaration, the law generally prohibits charging a price that exceeds the seller's cost of the item by more than 50%. This law applies to those who sell food, emergency supplies, medical supplies, building materials, and gasoline. The law also applies to repair or reconstruction services, emergency cleanup services, transportation, freight and storage services, hotel accommodations, and rental housing. Exceptions to this prohibition exist if, for example, the price of labor, goods, or materials has increased for the business.

Violators of the price gouging statute are subject to criminal prosecution that can result in a one-year imprisonment in county jail and/or a fine of up to $10,000. Violators are also subject to civil enforcement actions including civil penalties of up to $2,500 per violation, injunctive relief, and mandatory restitution. The Attorney General and local district attorneys can enforce the statute.

Alert includes resources for wage theft and worker misclassification

OAKLAND — Ahead of Labor Day, Attorney General Rob Bonta issued a consumer alert, warning California workers to be on the lookout for employers who abuse their power and engage in labor trafficking, wage theft, and worker misclassification. Labor trafficking is a crime where perpetrators target vulnerable communities for the purpose of profiting from the control and exploitation of vulnerable individuals for labor through force, fraud, duress, or coercion.

"Labor trafficking is a crime that involves forcing or coercing people to perform labor or services. This Labor Day, and all days, I urge Californians — especially those in domestic service, and the agricultural, hospitality, and construction fields — to be aware of the signs of labor trafficking and speak up if you or someone you know is being exploited at work," said Attorney General Bonta. "Californians of all legal statuses must be treated with dignity on the job — California law generally prohibits law enforcement authorities from asking individuals, including those who are reporting or are victims of potential crimes, about their immigration status. As the People's Attorney, I am proud to use the full weight of my office to protect our most vulnerable workers from abuse and exploitation."

Labor Trafficking

Labor trafficking involves the deprivation of a worker’s liberty, with the intention of obtaining forced labor. It can include the recruitment, harboring, or transportation of people for labor services, through the use of force, fraud, duress, or coercion. People who experience labor trafficking receive little or no pay for their work. Traffickers can use coercive tactics such as destroying or withholding legal documents to prevent workers from leaving and can force people to work claiming a worker owes a debt to the trafficker. 

Labor trafficking can occur in homes and workplaces and arises in many fields of work, including domestic service, restaurant work, janitorial work, factory work, migrant agricultural work, the cannabis industry, and construction.  One in five people who experience labor trafficking work in private homes, which is why their trafficking often goes undetected.

Labor trafficking is often perpetrated by traffickers who are of the same cultural origin and ethnicity as the people who are trafficked, which can allow traffickers to use class hierarchy and cultural power to ensure compliance. Traffickers are known to tell workers that they will not be believed if they go to the authorities, that they will be deported from the United States, and that they have nowhere to run. Traffickers isolate workers and teach workers to trust no one but the traffickers, so workers are often suspicious of genuine offers to help. Trafficked workers often are required to live in unsanitary and overcrowded living and working conditions.  Detecting labor trafficking can be challenging. For a list of potential indicators of labor trafficking to help you recognize the signs, please visit here.

If you or someone you know is being forced to engage in any activity and cannot leave — whether it is commercial sex, domestic service, farm work, construction, factory, retail, or restaurant work, or more — you can call the National Human Trafficking Hotline at 1-888-373-7888 to access help and services. If you or someone else is in immediate danger, call 9-1-1.

It is important to remember that California law prohibits law enforcement authorities from asking individuals, including those who are reporting or who experience crimes, about their immigration status unless the information is necessary to certify the victim for a U visa (victim of crime visa) or T visa (victim of human trafficking visa).

If you need help, you can reach out to the California Department of Justice's Victims' Services Unit by callling 1-877-433-9069, visiting oag.ca.gov/victimservices, or emailing VictimServices@doj.ca.gov. Additional support may be found through local authorities and various organizations, including: 

National Human Trafficking Hotline

• Find them online at https://humantraffickinghotline.org/ (Online Chat Available);
• Text 233-733 (Be Free); or
• Call 1-888-373-7888. 

The Victims of Crime Resource Center

• Find them online at https://1800victims.org/ (Online Chat Available);
• Text or call 1-800-842-8467; or
• Email 1800VICTIMS@pacific.edu.

Additional Resources

Resources such as emergency food and shelter, legal services, and health services can be found on your city or county websites. For those who have experienced a violent crime, the California Victim Compensation Board can help cover related bills and expenses.

Wage Theft

Wage theft occurs when an employer does not pay workers’ wages for what they are owed. Historically, wage theft and other crimes against workers have not been prosecuted and instead were treated as civil matters with enforcement by labor departments. However, intentionally withholding wages from workers is a crime. When this occurs, an employer often denies workers fundamental legal rights such as fair compensation, breaks, and overtime pay. From 2014 to 2023, California workers lost an average of $2.3 to $4.6 billion from not being paid the minimum wage. Workers with the greatest chance of experiencing wage theft include garment workers, maintenance workers, restaurant workers, domestic workers, care home workers, construction or day laborers, car wash workers, and other low-wage workers.

Common examples of wage theft include:

• Being paid less than minimum wage per hour
• Not being allowed to take meal breaks, rest breaks, and/or preventative cool-down breaks
• Not receiving agreed-upon wages (this includes overtime on commissions, piece rate, and regular wages)
• Owners or managers taking tips
• Not accruing or not allowed to use paid sick leave
• Failing to be reimbursed for business expenses
• Not being paid promised vacations or bonuses
• Having unauthorized deductions from paycheck
• Not being paid split shift premiums
• Bounced paychecks
• Not receiving final wages in a timely manner
• Not receiving Reporting Time Pay
• Unauthorized deductions from your pay
• Failure to provide timely access to personnel files and payroll records

If you have experienced wage theft you can report to law enforcement and file an online wage claim with the Labor Commissioner's Office here. If you need advocate assistance with your wage claim, please refer to the following list of community organizations.

Misclassification

Misclassification of workers occurs when an employer improperly classifies their employees as independent contractors so that they do not have to pay payroll taxes, minimum wage or overtime, or comply with other wage and hour law requirements such as providing meal periods and rest breaks. “Employees,” unlike “independent contractors,” are entitled to a wide range of rights, benefits, and protections under California law, including workers’ compensation coverage if injured on the job, the right to family leave, unemployment insurance, the legal right to organize or join a union, and protection against employer retaliation.

To report the misclassification of an employee as an independent contractor, please visit the Labor Commissioner's Office here.

Attorney General Bonta is committed to defending workers' rights and investigating and prosecuting labor trafficking and wage theft. Through the Civil Rights Enforcement Section, the Worker Rights and Fair Labor Section, and the Antitrust Law Section, Attorney General Bonta enforces California’s laws to protect the welfare of California workers and legitimate businesses operating in California.

In June 2022, Attorney General Bonta announced the guilty verdicts of three members of the Gamos Family for human trafficking and labor-related charges, as well as a guilty plea by the fourth member of the family. The four individuals committed these crimes while operating Rainbow Bright, an adult residential and childcare company in the Bay Area. The defendants targeted members of the Filipino community, many of whom were recent immigrants to the United States, for human trafficking and wage theft. The defendants trafficked many of the victims using threats of arrest and deportation, and false promises to assist with immigration. In February 2023, Attorney General Bonta announced the prison sentences for three members of the Gamos Family.

To learn more about labor trafficking, please visit here.