Consumerism

Consumerism Legislation

Consumerism Legislation

SB 1 (Speier-D) Financial privacy

Creates the California Financial Privacy Information Act that limits a financial institution's ability to share consumers' nonpublic personal information.

Chapter 241, Statutes of 2003

SB 25 (Bowen-D) Personal information: credit reports

Requires any person who uses a credit report to extend credit to take reasonable steps to verify the consumers identity if the credit report contains a security alert. Prohibits entities from making public an individual's social security number as passwords or on an identification card, as specified.

Chapter 907, Statutes of 2003

SB 27 (Figueroa-D) Personal information: direct marketers

Beginning January 1, 2005, requires a business that discloses a consumer's personal information to a third party for direct marketing purposes to provide to a customer, upon request, a written description of recipients of that information and a description of categories of information disclosed to third parties for their direct marketing (e.g., age and gender of customer's children, height and weight of customers, name and address, income).

Chapter 505, Statutes of 2003

SB 30 (Figueroa-D) Home improvement contracts

Revises and refines the elements of the current home improvement contract in order to simplify the form.

(In Assembly Judiciary Committee)

SB 33 (Figueroa-D) Telephone solicitations

Revises California's "Do Not Call" (DNC) telemarketing restriction law to coordinate with the recently adopted federal DNC law, so that the federal DNC list becomes the "master list" and spares California the cost of managing its own separate DNC list.

Chapter 779, Statutes of 2003

SB 136 (Figueroa-D) Contracts

Revises various disclosures by electronic and appliance repair dealers and licensed real estate brokers to consumers.

(In Senate Business and Professions Committee)

SB 186 (Murray-D) Electronic mail advertising

Clarifies current law and creates avenues to sue advertisers for unsolicited e-mail (spam). The bill creates a cause of action for the consumer, the e-mail service provider, or the Attorney General to sue for violations of this bill's restrictions and prohibitions.

Chapter 487, Statutes of 2003

Similar legislation is SB 12 (Bowen-D), which is in Assembly Business and Professions Committee, SB 342 (Florez-D), which is in Senate Business and Professions Committee, and AB 567 (Simitian-D), which is in Senate Business and Professions Committee.

SB 503 (Florez-D) Consumer loans

Authorizes a licensed person, subject to the laws regulating covered loans, to make consumer loans on the same terms and conditions as any financial institution chartered under the laws of the United States or any operating subsidiary of a federally chartered financial institution.

(In Senate Rules Committee)

SB 505 (Perata-D) Payments: postmarks

Enacts the Postmark Payment Act, which provides that if specified payments to financial institutions and credit card issuers required to be made on or before a prescribed date are delivered after that date by the United States Postal Service, the payments are deemed to have been received on the date of the postmark stamped by the United States Postal Services on the envelope or other cover in which the payment was mailed.

(In Senate Judiciary Committee)

SB 508 (Escutia-D) Automobile sales financing

Requires automobile dealers to maintain, for at least seven years, copies of their sales contracts, documents relied upon to determine a buyer's creditworthiness, and the terms of any subsequent sale, assignment, or transfer of a contract. Establishes a civil penalty for noncompliance.

Chapter 59, Statutes of 2003

SB 584 (Alarcon-D) Advertising

Requires automobile dealers, insurers, financial institutions, public utilities, check cashers, and money transferrers who advertise in Spanish, Chinese, Tagalog, Vietnamese or Korean to provide certain information to consumers, as specified.

(In Assembly Business and Professions Committee)

SB 590 (Speier-D) Personal information: consumers

Prohibits merchants from requesting or requiring a consumers personal information when it is not necessary for the transaction, and also bans the sharing of personal information with a third party unless the transaction is necessary, authorized, or the consumer is give the chance to opt-out.

Vetoed by the Governor

SB 602 (Figueroa-D) Personal information

Authorizes a civil penalty of up to $2,500 against a credit reporting agency that recklessly or intentionally fails to place a requested security alert on a person's credit file and require notice of alert expiration. Caps the fee for a credit freeze at $10 (where the consumer is not the victim of identity theft). Restricts use by businesses of encoded data on driver's licenses and create a new misdemeanor for violations. Requires businesses that provide credit, installment, or telephone accounts to send specified change of address request notifications. Creates a right of action for damages against businesses that fail to provide consumers with certain information when an unauthorized account has been opened and impose a penalty for such conduct. Creates a new misdemeanor for unauthorized retention of information "swiped" from a person's driver's license. Creates requirement for submission of records to court in a proceeding or investigation of possible identity theft. Specifies that the law enforcement agency with jurisdiction over the victim's place of residence shall be primarily responsible for victim-initiated investigation of identity theft.

Chapter 533, Statutes of 2003

SB 648 (Battin-R) Assistive devices

Permits the seller of an assistive device to charge the buyer a nominal fee for any readjustment of that device during the warranty period. Requires the written warranty that accompanies the sale of an assistive device to inform the buyer that a nominal fee may be charged for readjustments during the warranty period.

(In Senate Judiciary Committee)

SB 679 (Ortiz-D) Restaurant: nutritional information

Requires a food establishment that is part of a large chain to make nutritional information available on all food items that are on the menu for six months or more.

(In Assembly Health Committee)

SB 684 (Alpert-D) Consumers: identify theft

Allows a consumer who suspects that he/she has been the victim of identity theft to receive information about unauthorized additions to or renewals of existing accounts, in addition to new applications for credit or other specified goods and services. Defines "copies of all forms and information" in a request for information about suspected identity theft as "paper records, records of telephone applications or authorizations, or records of electronic applications or authorizations."

Chapter 534, Statutes of 2003

SB 691 (Escutia-D) Credit history

Prohibits insurers from using credit scores to underwrite, rate, or determine placement in a particular payment plan for homeowner's insurance policies.

(In Assembly Insurance Committee)

SB 773 (Murray-D) Food labeling and safety

Permits the sale of Korean rice rolls that have been at room temperature for no more than six hours. Requires a food establishment that sells Korean rice rolls to, after six hours, destroy the rice rolls in a manner approved by the local enforcement agency.

(In Senate Health and Human Services Committee)

SB 779 (Speier-D) Dietary supplements

Requires manufacturers and distributors of dietary supplements to send to the State Department of Health Services, on a quarterly basis, copies of all adverse event reports relating to their products.

(In Assembly Health Committee)

SB 1022 (Perata-D) Debt collectors

Requires third-party debt collectors to provide debtors with a notice of their rights under state and federal laws regulating debt collections. Requires that the nature be sent in the language used to initially contact the debtor.

Chapter 259, Statutes of 2003

SJR 2 (Figueroa-D) Privacy

Requests that the Congress of the United States exempt from preemption any state privacy law that provides greater protection to consumers than is, or will be provided by federal law.

(In Senate Judiciary Committee)

AB 3 (Calderon-D) Consumer credit reporting

Enacts the Consumer Credit Reporting Equity Act of 2004, requiring a consumer credit reporting agency to remove adverse information from a consumer's credit report no later than 30 days after a tax, judgment, or civil lien has been released, as specified.

(In Assembly Banking and Finance Committee)

AB 68 (Simitian-D) Online privacy act

Requires the operator of a web site that collects personally identifiable information to conspicuously post a privacy policy on the web site and comply with that policy. Requires that policy to, at a minimum, identify the categories of information collected and how that information may be shared. Contains an operative date of July 1, 2004.

Chapter 829, Statutes of 2003

AB 73 (Lowenthal-D) Consumer loans

Prohibits financial institutions and lenders from soliciting a consumer loan or credit through the use of an unsolicited check or other unsolicited negotiable instrument unless the company provides the consumer with a mechanism to choose not to receive unsolicited checks and unsolicited negotiable instruments.

(In Senate Judiciary Committee)

AB 83 (Corbett-D) Bottled water

Creates a new program requiring bottled water and water vending machines to meet new licensure requirements similar to those imposed on public water systems regarding emergency notification plans, consumer confidence reports, specified labeling requirements and annual inspections.

(On Senate Third Reading File)

AB 88 (Corbett-D) Telemarketing

Codifies into state law existing federal regulations requiring that telemarketers obtain express consent and at least the last four digits of a consumer's account number from the consumer before he or she enters into any agreement involving a free trial period that leads to subsequent charges if the agreement is not cancelled.

Chapter 77, Statutes of 2003

AB 118 (Frommer-D) Rental car companies: deposit fees

Requires rental car companies to charge an impact fee to be deposited in the State Highway Account to fund road improvement and traffic congestion relief projects near airports and tourist destinations.

(On Assembly Unfinished Business File)

AB 147 (Nation-D) Food products: alcohol notice

Expands a requirement that food facilities provide written notice when selling or serving an unlabeled or unpackaged confectionary containing more than 0.5 percent alcohol by weight by applying the request to all unlabeled or unpackaged foods.

(In Assembly Appropriations Committee)

AB 213 (Leslie-R) Vehicles

Restricts the use of data from recording devices installed in vehicles.

Chapter 427, Statutes of 2003

AB 224 (Kehoe-D) Identity verification

Prohibits a retailer from electronically reading an identity card, including a driver's license or state identity card, except under specified circumstances, and then only as necessary for a particular transaction or purpose. Prohibits a retailer from storing information obtained from electronically reading and identity card, except under specified circumstances, and requires that the information be destroyed when it is no longer needed for the purpose for which it was obtained. Prohibits the sharing of information that a retailer properly obtains from electronically reading an identity card, except under specified circumstances and prohibits completely the sale of this information.

(In Assembly Business and Professions Committee)

AB 258 (Calderon-D) Retail sales

Prohibits any retail seller from requesting personal identifying information, as defined, from any person making a return or exchange of merchandise, if paid for by cash.

(In Assembly Judiciary Committee)

AB 451 (Lowenthal-D) Cellular and wireless telephone service

Requires wireless telephone service providers to include in a customer's billing statement a table that provides the specified information regarding the service plan.

(In Assembly Business and Professions Committee)

AB 487 (Frommer-D) Rental car fees

Allows rental agencies to collect vehicle license fees from customers and requires rental car companies to charge an impact fee to fund road improvement and congestion relief.

Vetoed by the Governor

Similar legislation is SB 300 (Torlakson-D), which is in Assembly Appropriations Committee, SB 849 (Torlakson-D), which is at the Assembly Desk, and AB 118 (Frommer-D), which in the Assembly awaiting concurrence.

AB 558 (Correa-D) Health studios

Requires the existing $1,000 limit on health studio services contracts to be adjusted annually according to a specified consumer price index.

(On Senate Inactive File)

AB 699 (Lieber-D) Contractors

Requires the Office of the Legislative Analyst, not later than January 1, 2005, to complete and submit to the Legislature a study concerning the construction inspector certification programs of the Office of Statewide Health, Planning and Development and the State Department of General Services, as specified.

(In Assembly Appropriations Committee)

AB 761 (Oropeza-D) Automotive repair

Creates an "Automotive Repair Report Card Pilot Program" to provide for the public posting of a ranked warning system based on disciplinary actions taken against automotive repair dealers and their employees.

(In Assembly Business and Professions Committee)

AB 762 (Nunez-D) Advertising displays

Authorizes the establishment and use of a rooftop billboard by the proposed National Latino Arts Education and Media Institute in an area next to two freeways where billboards currently are prohibited.

Chapter 725, Statutes of 2003

AB 763 (Liu-D) Privacy: social security numbers

Prohibits a person or entity that is authorized to mail a social security number from mailing it in a manner where the number is visible without opening the envelope or printed on any mailer that does not require and envelope.

Chapter 532, Statutes of 2003

AB 800 (Kehoe-D) Consumer credit reporting agencies

Specifies the procedure that a credit furnisher must follow in order to investigate and correct potentially false information in a consumer credit report by (1) prohibiting such a person from knowingly furnishing false information to a consumer credit reporting agency, (2) requiring a creditor, in the event of a dispute, to conduct an investigation within 30 business days of such a request, (3) requiring a creditor to correct inaccuracies, and (4) reporting the results to both the credit bureaus and the consumer within the same 30-day period.

(Held at Assembly Desk after passing the Senate)

AB 830 (Oropeza-D) Service stations: restrooms

Requires every service station in the state, regardless of location, to provide public restrooms for its customers.

(In Assembly Business and Professions Committee)

AB 832 (Montanez-D) Consumer loans: discrimination

Prohibits the denial of a consumer loan application on the basis of applicant's race, ethnicity, national origin, native language, or residential or business address. Authorizes and applicant to bring a cause of action for a violation.

(In Assembly Banking and Finance Committee)

AB 964 (Frommer-D) Vehicle sale and lease contracts

Requires vehicle sale and lease contracts to disclose the fees sellers and lessors may charge for optional automated vehicle registration processing.

Chapter 37, Statutes of 2003

AB 970 (Correa-D) Automotive repair regulations

Provides that the Director of the State Department of Consumer Affairs may adopt and enforce rules and regulations to promote a fair, healthy, and competitive automotive repair marketplace for the consumer.

(In Senate Business and Professions Committee)

AB 973 (Yee-D) Interpretation services

Requires the State Department of Consumer Affairs to create a web site to present information regarding language interpretations services and resources for this state.

(In Assembly Business and Professions Committee)

AB 984 (Vargas-D) Service contracts

Defines a vehicle service contract and provides that contracts meeting the definition do not qualify as automobile insurance. Adds various regulatory provisions relating to the service contracts.

Chapter 439, Statutes of 2003

AB 1078 (Runner-R) Telephone solicitations

Requires a person who contacts a consumer by telephone in order to solicit a magazine, newspaper, or newsletter subscription renewal or extension to notify the consumer of the termination date of the current subscription prior to requesting the consumer to renew or extend the subscription, and makes a violation a crime.

(In Assembly Business and Professions Committee)

AB 1079 (Bermudez-D) Automotive repair

Defines the term customer for purposes of state auto repair regulation, specifies who may be designated to authorize auto repair work to be performed, and corrects an erroneous cross reference in the auto repair law.

(On Senate Inactive File)

AB 1092 (Harman-R) Gift certificates

Prohibits the sale of retail gift certificates containing maintenance or service fees and clarifies that "gift certificate" includes a gift card.

Chapter 116, Statutes of 2003

AB 1139 (Lowenthal-D) Medical services: labeling

Mandates labeling of medical drugs or devices that control Di-(2-Ethylhexyl)phthalate (DEHP).

(Failed passage in Assembly Health Committee; reconsideration granted)

AB 1294 (Wiggins-D) Debt collectors

Requires a debt collector to stop collecting a consumer debt if an alleged debtor provides the collector with certain information showing that the debtor is a victim of identity theft, as specified.

Chapter 287, Statutes of 2003

AB 1399 (Longville-D) Investigative consumer reports

Specifies liability and other related penalties for an investigative consumer reporting agency that fails to comply with violations of the Investigative Consumer Reporting Agencies Act.

Chapter 146, Statutes of 2003

AB 1449 (Firebaugh-D) Billboards

Allows a billboard to be relocated or raised in height if a governmental entity erects a building or structure (including a bridge, overpass, or underpass) in from of the display, as specified.

Chapter 577, Statutes of 2003

AB 1540 (Runner-R) Outdoor advertising

Exempts applications for the renewal of a valid existing permit that was received on or before December 31, 2002, from these consent requirements.

(In Assembly Governmental Organization Committee)

AB 1553 (Wesson-D) Consumer goods

Expands the scope of what a consumer goods "service contract" may cover, and gives service contract sellers a new mean to fulfill existing financial reserve requirements.

Chapter 775, Statutes of 2003

AB 1610 (Pavley-D) Consumer credit reporting agencies

Requires the user of a consumer credit report to take reasonable steps to verify the accuracy of a name or social security number supplied in a credit application if that name or social security number does not match the information contained in the credit report.

Chapter 41, Statutes of 2003

AB 1713 (Assembly Judiciary Committee) Consumer arbitration agreement

Adds definitions and remedies for private arbitration company obligations related to the Assembly Judiciary Committee's arbitration package of last year.

(On Assembly Inactive File)

AB 1714 (Assembly Judiciary Committee) Arbitration: consumer arbitration agreements

Specifies that if a consumer arbitration agreement entered into or renewed on or after January 1, 2004, designates one or more exclusive private arbitration companies or SROs, or incorporates the arbitration rules of a private arbitration company or SRO, the consumer party has the option, after a dispute arises, to choose a different neutral private arbitration company or SRO.

(In Assembly Judiciary Committee)

AB 1721 (Koretz-D) Prices: overcharges

Prohibits any person, at the time of sale of a commodity, from charging, as defined, an amount greater than the price, or computing an amount greater than a true extension of the price per unit, that is then advertised, posted, marked, displayed, or quoted for that commodity.

(In Senate Business and Professions Committee)

HR 5 (Cohn-D) On-line piracy

Condemns the practice of on-line piracy, encourages parents to educate their children about the crime of piracy, requests corporate, governmental, and educational institutions to implement policies and measures to ensure the protection of copyrighted works.

Adopted by the Assembly

Index (in Bill Order)