Immigrant Rights Defense etc. v. Hudson Insurance Co.

BACKGROUND

I. The ICA

The ICA makes it “unlawful for any person, for compensation, other than persons authorized to practice law . . . to engage in the business or act in the capacity of an immigration consultant within this state except as provided in this chapter.” (§ 22440.) An immigration consultant can assist with certain immigration paperwork (§ 22441) but must first pass a background check and submit fingerprints to the Department of Justice (§§ 22441.1, 22442.4). In addition to limiting the services that can be provided by immigration consultants, the ICA contains various consumer protection regulations pertaining to advertising, bonding, and the manner in which immigration consultants can conduct their business. (See, e.g., §§ 22442 [requiring a written contract containing certain terms to be provided to each and every customer of an immigration consultant]; 22442.1 [requiring signed receipts for payments made by clients]; 22442.2, subd. (c)(1) [requiring that every advertisement of an immigration consultant clearly and conspicuously state that the immigration consultant is not an attorney]; 22443.1 [requiring that immigration consultant secure a $100,000 surety bond…