AMENDED IN SENATE AUGUST 21, 2026

AMENDED IN SENATE JULY 2, 2026

AMENDED IN SENATE JUNE 15, 2026

AMENDED IN ASSEMBLY MARCH 17, 2026

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

95

Introduced by Assembly Member Bauer-Kahan

(Coauthors: Assembly Members Macedo and Pellerin)

February 17, 2026

An act to add Chapter 2.10 (commencing with Section 18985) to Division 8 of the Business and Professions Code, relating to youth programs.

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

Existing law makes a person who knowingly uses another’s name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods, or services, without that person’s prior consent, or, in the case of a minor, the prior consent of the person’s parent or legal guardian, liable for damages, as specified, among other remedies, as prescribed. Existing law generally regulates organizations and businesses that provide athletic, instructional, or other services to minors by imposing disclosure, training, background check, and child abuse prevention requirements on those entities and their personnel.

This bill would prohibit an entity or organization that operates a specified nonschool youth program from using certain identifying information of a youth, including their picture, video, audio recording, likeness, and attributed statements, for communications, marketing, or other purpose that exposes that information to the public unless the entity or organization obtains the parent or guardian’s express written consent on a specified notice. The bill would prohibit the entity or organization from making a youth’s enrollment or participation in the program contingent upon a parent or guardian consenting to the program’s use of the youth’s information for any communications, marketing, or other purpose that exposes that information to the public. The bill would authorize a parent or guardian to revoke consent, as specified.

This bill would authorize a parent or guardian to bring a civil action against an entity or organization for noncompliance with these provisions and would provide for specified remedies, including, among others, specified civil penalties per youth who has had the youth’s information disclosed and injunctive or declaratory relief.

The people of the State of California do enact as follows:

SECTION 1.

Chapter 2.10 (commencing with Section 18985) is added to Division 8 of the Business and Professions Code, to read:

Chapter 2.10. Use of Youth Information by Youth Programs

18985.

(a) For purposes of this section:

(1) “Covered entity” means an entity or organization that operates a covered program.

(2) (A) “Covered program” means a program or activity, including, but not limited to, a program related to expanded learning, visual or performing arts, athletics, recreation, or educational enrichment or a day or overnight camp, that meets both of the following criteria:

(i) The program or activity requires a parent signature or consent form authorization, or the program or activity is an event in which a parent provides written authorization for an organization to act in loco parentis.

(ii) The program or activity is offered primarily to youth outside of school hours, including periods when school is not in session, and is not operated by a public or private elementary or secondary school.

(B) A covered entity does not include a business that is hosting or participating in a covered entity’s covered program for a field trip or other occasional activity, including, but not limited to, amusement or water parks, zoos, aquariums, restaurants, state or county fairs, and movie theaters.

(3) “Covered information” means a picture, video, audio recording, likeness, attributed statement, personal information, as defined in Section 1798.140 of the Civil Code, or any other identifying information.

(4) “Expanded learning” has the same meaning as defined in Section 8482.1 of the Education Code.

(5) (A) “Marketing purposes” means promotions, newsletters, brochures, social media, or other public-facing materials that describe a covered program or solicit participation.

(B) “Marketing purposes” does not include materials shared with a parent or guardian of a youth participating in the program, provided that the materials cannot be accessed by the general public.

(6) “Public or private elementary or secondary school” means either of the following:

(A) An elementary or secondary school operated by the governing board of a school district or county office of education or the governing body of a charter school.

(B) An elementary or secondary school that has filed an affidavit with the Superintendent of Public Instruction and that reports a total enrollment of six or more students.

(b) A covered entity shall not make a youth’s enrollment or participation in a covered program contingent upon a parent or guardian consenting to the covered program’s use of the youth’s covered information for any communications, marketing, or other purpose that exposes that information to the public.

(c) (1) A covered entity shall not use a youth’s covered information for a communications, marketing, or other purpose that exposes that information to the public unless the covered entity obtains the parent or guardian’s express written consent on a notice that complies with all of the following:

(A) The notice communicates the requested uses of the youth’s covered information clearly and meaningfully, including a description of any proposed use of the youth’s covered information, including a description of the types of materials or media in which the information may be used and a list of the types of internet websites on which the covered information may be published.

(B) The notice is contained in a single document or separate page within an online form that is separate from enrollment forms, waivers of liability, and any other document.

(C) The notice includes, in clear and understandable language, that the parent or guardian is providing consent for use of the youth’s covered information for communications, marketing, or other purpose that exposes that information to the public as communicated in the description required by subparagraph (A).

(D) The notice includes, in clear and understandable language, that the parent or guardian may revoke consent at any time and clearly and conspicuously states that the youth’s enrollment or participation is not contingent upon consent.

(E) The notice provides an electronic mail address at which the parent or guardian can contact the covered program relating to the scope of consent, revocation of consent, or other issues relating to a youth’s covered materials.

(2) A covered entity shall not sell covered information of a youth for any reason, regardless of whether the parent or guardian consented to that use pursuant to paragraph (1).

(3) (A) A parent or guardian may revoke consent through the electronic mail address provided pursuant to subparagraph (E) of paragraph (1) at any time during the youth’s enrollment in the covered program and up to one year after the youth is no longer enrolled in the program.

(B) This paragraph does not require a covered entity to remove covered information from communications, marketing, educational, or training materials that were published or printed before receiving a notice revoking consent.

(d) (1) A parent or guardian may bring a civil action in a court of competent jurisdiction against a covered entity for a violation of this section.

(2) A parent or guardian who prevails in a civil action pursuant to this subdivision may be awarded any of the following relief:

(A) Up to two thousand five hundred dollars ($2,500) for the first offense and five thousand dollars ($5,000) for any subsequent offenses, or a lesser amount as determined by the court, per youth who has had the youth’s covered information disclosed.

(B) Injunctive or declaratory relief.

(C) Reasonable attorney’s fees and costs.

(D) Any other relief the court deems appropriate.

(e) This section does not impair or impede any other rights, causes of action, claims, or defenses available under any other law, including, but not limited to, Section 3344 of the Civil Code. The remedies provided in this section are cumulative with any other remedies available under any other law.