Surety Bond Encyclopedia

Telephonic Seller ($100,000) Bond - Statewide in California

Brief Summary

Plenty of out of state call centers assume this is a California company issue. It is not. If you solicit buyers located in California, or call from California, you register with the Attorney General at least 10 days before doing business and keep a $100,000 bond in force. This is that bond, written on the Attorney General's own Form A.

Business and Professions Code 17511.12(a) requires every telephonic seller to maintain a $100,000 bond issued by a surety company admitted in California. The bond goes in with the Attorney General's telephonic seller registration, which carries a $50 filing fee, must be filed not less than 10 days before doing business in California, and is kept current with quarterly updates and annual renewals. The obligee on Telephonic Seller Surety Bond Form A (JUS 8775) is the State of California.

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How to Apply for a Telephonic Seller ($100,000) Bond:

  • Check the exclusions in B&P Code 17511.1 before assuming you must register.
  • Complete the Telephonic Sellers Registration Form and the Consent to Service of Process.
  • Obtain the $100,000 bond on Telephonic Seller Surety Bond Form A from a surety admitted in California.
  • File the registration, bond and $50 fee with the Attorney General at least 10 days before doing business in California.
  • File quarterly updates and the annual renewal.
  • Give 10 days notice and post the extra premium bond before any premium offer valued at $500 or more.

Detailed Information About the California Telephonic Seller ($100,000) Bond:

Who has to register

The Attorney General treats a seller as doing business in California if it solicits prospective purchasers from California locations or solicits prospective purchasers located in California. Where the seller is incorporated or headquartered does not change that. Registration and the bond have to be on file at least 10 days before the first solicitation.

Who is exempt

Section 17511.1 of the Business and Professions Code lists a long set of exclusions from the definition of telephonic seller. Among them are licensed real estate brokers and agents, licensed contractors, insurance licensees, certain securities and franchise offerings, newspaper and magazine solicitations, calls to previous customers, sales that are finished at a later face to face meeting, supervised financial institutions, cable television systems, businesses regulated by the Public Utilities Commission, licensed money transmitters and residential mortgage lenders, and qualifying nonprofits incorporated 25 years or more. Each exemption has its own conditions, so read the section before relying on one.

A second bond for premium offers

Section 17511.12(b) adds a separate requirement. A seller offering a premium valued at $500 or more must notify the Attorney General at least 10 days in advance and maintain an additional bond equal to the premium's current market value or advertised value, whichever is greater. The $100,000 bond does not cover that obligation.

How claims work

The Attorney General, a district attorney, a city attorney or a consumer can file a motion to enforce liability on the bond. The surety stays liable for two years after the later of cancellation of the bond, the seller ceasing business, or termination of the registration.

Eligibility and Requirements for a California Telephonic Seller ($100,000) Bond:

  • Bond amount of $100,000 under B&P Code 17511.12(a).
  • Surety company admitted to do business in California.
  • State of California as obligee on Form A, JUS 8775.
  • Registration online or by mail to the Attorney General's Public Inquiry Unit, P.O. Box 944255, Sacramento, CA 94244-2550.
  • Applies to sellers outside California that solicit California purchasers.

California Telephonic Seller ($100,000) Bond FAQs:

We are based in another state. Does this apply to us?

Yes, if you solicit prospective purchasers located in California. The Attorney General counts that as doing business in the state.

Is $100,000 the only bond we need?

It is the base bond. A premium offer valued at $500 or more requires an additional bond equal to the greater of the premium's current market value or advertised value, plus 10 days advance notice to the Attorney General.

When does the bond have to be in place?

The registration, with the bond, must be filed not less than 10 days before you do business in California.

Who can make a claim on the bond?

The Attorney General, a district attorney, a city attorney or a consumer can file a motion to enforce liability on the bond under section 17511.12.

Does the surety's exposure end when we stop calling?

No. The surety remains liable for two years after the later of bond cancellation, the seller ceasing business, or termination of the registration.

Other Statewide Surety Bonds in California

$15,000 Notary bond with E&O Coverage of $10,000 - (MAIL)$15,000 Notary bond without E&O Coverage - (MAIL)Adoption Facilitator ($25,000)Aircraft Jet Fuel DealerAlcoholic Beverage TaxAnytime Fitness Franchise Health Club ($25,000)Athlete Agent ($100,000)Auction Company ($20,000)Auctioneer ($20,000)Auto Information Services ($50,000)Bail Agent ($1,000)Bail Permittee ($5,000)Bail Solicitor ($1,000)Broker of Construction Trucking ServicesBusiness Partner Automation (DMV) ($1,000,000)

See all 148 Statewide surety bonds

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