AB-1865 • 2026

Text message advertisements.

Crime

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Bauer-Kahan
Last action: 2026-04-22
Official status: From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 1.) (April 21). Re-referred to Com. on APPR.
Effective date: Not listed

Plain English Breakdown

The bill does not provide specific details on how senders adjust times for local time zones other than Pacific Standard Time.

Rules for Text Message Ads

This bill sets rules about when businesses and political groups can send text message ads to people's phones, prohibiting such messages between 9:00 p.m. and 9:00 a.m., regardless of consent.

What This Bill Does

Prohibits sending allowed text message ads between 9:00 p.m. and 9:00 a.m., even if the recipient has given consent.
Requires senders to adjust sending times based on the recipient’s local time zone associated with their telephone number, specifically to Pacific Standard Time.
Allows recipients who receive an ad during these hours to sue the sender if they knew or should have known it was against the rules.
Gives public prosecutors and the Attorney General power to enforce this rule.

Who It Names or Affects

Businesses that send text message ads
Political groups that send text message ads
People who receive text message ads

Terms To Know

text message advertisement: A message sent to a phone number for the purpose of advertising products or services.

Limits and Unknowns

The bill does not specify what remedies can be sought by prosecutors and the Attorney General.
It is unclear how senders should adjust times based on local time zones other than Pacific Standard Time.
The bill's enforcement provisions exclude violations from being criminal offenses.

Bill History

2026-04-22 California Legislative Information
From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 1.) (April 21). Re-referred to Com. on APPR.
2026-03-25 California Legislative Information
From committee: Do pass and re-refer to Com. on JUD. (Ayes 15. Noes 0.) (March 25). Re-referred to Com. on JUD.
2026-03-18 California Legislative Information
Re-referred to Com. on P. & C.P.
2026-03-17 California Legislative Information
From committee chair, with author's amendments: Amend, and re-refer to Com. on P. & C.P. Read second time and amended.
2026-02-23 California Legislative Information
Referred to Coms. on P. & C.P. and JUD.
2026-02-12 California Legislative Information
From printer. May be heard in committee March 14.
2026-02-11 California Legislative Information
Read first time. To print.

Official Summary Text

AB 1865, as amended, Bauer-Kahan.
Text message advertisements.
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
based on the recipient’s local time zone associated with the recipient’s telephone number.
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.

Current Bill Text

Read the full stored bill text

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