Consumerism

Consumerism Legislation

Consumerism Legislation

SB 129 (Peace-D) Privacy: personal information

Establishes, within the State Department of Consumer Affairs (DCA), the Office of Privacy Protection, the purpose of which will be to protect the privacy of individuals' personal information by identifying consumer problems and facilitating development of fair information practices, as specified. Requires the office to inform the public of potential options for protecting the privacy of, and avoiding the misuse of, personal information, as specified, and to make recommendations to organizations for privacy policies, as specified, among other things. Requires each state department or state agency to designate a position therein, the duties of which include, but are not limited to, responsibility for the privacy policy within the department or agency. Requires the Director of DCA, commencing in January 2003, to report to the Legislature on an annual basis, as specified.

Chapter 984, Statutes of 2000

Other privacy-related legislation include: SB 1337 (Speier-D), which failed passage in Senate Financial Institutions and International Trade Committee: SB 1365 (Murray-D), which died in Senate Public Safety Committee; and SB 1409 (Murray-D), which failed passage in Senate Judiciary Committee. Other restriction of personal information legislation, which the Governor signed, included: SB 1724 (Dunn-D), Tax return information, Chapter 1084, Statutes of 2000; SB 1903 (Speier-D), Medical information disclosure, Chapter 1066, Statutes of 2000; SB 2072 (Speier-D), Stalking victims: DMV records, Chapter 1008, Statutes of 2000; AB 1862 (Torlakson-D), Identity theft victim information, Chapter 631, Statutes of 2000; AB 1897 (Davis-D), Identity theft victims, Chapter 956, Statutes of 2000; AB 2246 (Wayne-D), Destruction of customer records, Chapter 1039, Statutes of 2000; AB 2559 (Cardoza-D), Peace officer personnel records, Chapter 971, Statutes of 2000.

SB 214 (Polanco-D) Automotive repair

Establishes the California Automotive Repair Advisory Committee to review and report on certain aspects of the automotive repair industry.

(Died in Assembly Consumer Protection, Governmental Efficiency and Economic Development Committee)

SB 417 (Bowen-D) Supermarket club cards

Enacts the Supermarket Club Card Privacy Act of 1999, requiring, on and after July 1, 2000, any application form or written solicitation for a supermarket club card account to be used for personal, family, or household purposes which is obtained on or after July 1, 2000, by a consumer residing in this state and issued by or on behalf of a supermarket, to contain or be accompanied by certain disclosures, except as specified. Requires a specified notice to be provided to all persons who obtained a supermarket club card prior to that date. Provides that a violation of these provisions constitutes "unfair competition" and is subject to specified civil penalties.

(Died in Assembly Appropriations Committee)

SB 556 (Peace-D) Unsolicited commerce

Revises the law pertaining to contractual agreements for goods or services shipped or provided consumers through the mail by repealing the use of the so-called "negative option" contract--where the company will ship the monthly item unless the consumer notifies the company that he/she does not want the item by sending a "negative option" notice in a timely manner.

(Died in Senate Judiciary Committee)

SB 988 (Figueroa-D) Telephone solicitations

Requires the State Attorney General to establish a "do not call" list consisting of the telephone numbers of telephone subscribers who do not wish to receive unsolicited telephone solicitations. The list will be updated quarterly. Allows the State Attorney General to charge a fee of up to $10 for the first year and $5 for each subsequent year to telephone subscribers who request replacement on the list.

(Died in Senate Appropriations Committee)

SB 1212 (Perata-D) Product liability: firearms

Repeals the law which provides that, in a product liability action, no firearm or ammunition is to be deemed defective in design on the basis that the benefits of the product do not outweigh the risk of injury posed by its potential to cause serious injury, damage, or death when discharged.

(Died in Senate Judiciary Committee)

SB 1284 (Bowen-D) Milk fat and milk solids

Allows milk products that meet national nutritional standards, but not those of California, to be sold in this state if it contains specified information on the container.

(Died in Senate Agriculture Committee)

SB 1285 (Bowen-D) Agricultural produce: consumer information

Establishes a consumer information process for the purpose of identifying the country of origin or agricultural produce.

(Died in Senate Appropriations Committee)

SB 1384 (Senate Business And Professions Committee) Labeling: optical disc

Allows manufacturers to mark an optical disc by using a unique identifying code instead of an identification mark that identifies the name of the manufacturer and the state in which the optical disc was manufactured.

Chapter 120, Statutes of 2000

SB 1419 (Haynes-R) Medical profiling

Restricts the improper release or use of confidential medical information.

(Died in Assembly Judiciary Committee)

SB 1501 (Perata-D) Deferred deposit loans

Enacts the Deferral Report Loan Act prohibiting any person from engaging in the business of making deferred deposit loans without obtaining a license from the State Department of Financial Institutions.

(Died in Assembly Judiciary Committee)

SB 1513 (Hayden-D) Product labeling

Requires the State of California to assure the right of consumers and the general public to know through product labeling whether food intended for human consumption contains transonic or engineered products or components.

(Failed passage in Assembly Agriculture Committee)

SB 1555 (Figueroa-D) Funeral practices

Requires funeral directors to notify a consumer that they cannot be assessed a fee because they supply their own casket for the deceased and requires funeral directors to charge the same fee for services regardless of where the consumer purchases their casket.

(Died in Assembly Consumer Protection, Governmental Efficiency, and Economic Development Committee)

SB 1606 (Speier-D) Sellers of Travel Law

Requires the State Attorney General to establish a system on its Internet website address and on its toll-free telephone number, that provides information regarding the Seller of Travel Law and the services of the Travel Consumer Restitution Corporation.

Vetoed by the Governor

SB 1607 (Figueroa-D) Consumer credit reporting agencies

Requires disclosure of credit scores to consumers under specified conditions.

Chapter 978, Statutes of 2000

Similar legislation was AB 453 (Havice), which died in Assembly Banking and Finance Committee.

SB 1718 (Sher-D) Warranties: new motor vehicles

Provides for the establishment of the presumption when a nonconformity that results in a condition likely to cause death or serious bodily injury if the vehicle is driven has been subject to repair two or more times by the manufacturer or its agents and the buyer or lessee has at least once directly notified the manufacturer of the need for the repair.

Chapter 679, Statutes of 2000

SB 1724 (Dunn-D) Confidential records

Restricts the use and disclosure of a taxpayer's confidential information by the tax preparers, as well as banks and others who obtain such information in connection with a financial or other business-related transaction, and increases the sanctions for unauthorized disclosures.

Chapter 1084, Statutes of 2000

SB 1744 (Murray-D) Health studio contracts

Requires health clubs to enter into contracts with members obligating the member to pay amounts in excess of the limits in existing law if specified binding requirements are met.

Vetoed by the Governor

SB 1767 (Bowen-D) Credit: confidentiality information

Prohibits any person or entity, or state or local agency from requiring any person to provide his/her Social Security number for any reason. Requires credit bureaus to accept identity theft fraud alerts from consumers and allows a consumer to impose a freeze on release of information from his/her file.

(Died in Assembly Banking and Finance Committee)

SB 1912 (Alarcon-D) Outdoor advertising

Allows the removal of an advertising display to the California County Metropolitan Transportation Authority without compensation, under specified conditions.

(Died in Assembly Governmental Organization Committee)

SB 1952 (Perata-D) Outdoor advertising

Exempts from the prohibitions against placing advertising displays adjacent to landscaped freeways, up to six advertising street cars or signs used to support the Oakland-Alameda County areas and Oakland Coliseum.

Vetoed by the Governor

SB 2044 (Alpert-D) Multipurpose cigarette lighters

Requires the State Fire Marshal to set safety standards for "multipurpose lighters."

(Died in Assembly Appropriations Committee)

SB 2166 (Sher-D) Consumer credit

Prohibits consumer credit reporting agency from furnishing medical information for insurance purposes in a consumer credit report, without the consent of the consumer, which conforms to federal law.

Chapter 1012, Statutes of 2000

SJR 29 (Speier-D) Pharmaceutical advertisements

Requests the Food and Drug Administration to reverse its decision allowing pharmaceutical companies to broadcast advertisements that mention a prescription medication by name without disclosing all of the risks of that medication.

(Died in Assembly Health Committee)

AB 425 (Corbett-D) Check cashing: deferred deposit

Reduces the fee that a state licensed check cashing business can charge for a deferred deposit and limits the number of transactions a store can enter into with a single customer.

(Died in Assembly Consumer Protection, Governmental Efficiency and Economic Development Committee)

AB 742 (Honda-D) Mechanic's lien

Prohibits a person, other than a general contractor, from recording a mechanic's lien against an owner-occupied dwelling where the homeowner has paid the general contractor in full, and creates a Contractor's Default Recovery Fund to provide financial assistance for laborers and suppliers who were not adequately paid for their services due to the default of the general contractor.

(Died on Assembly Inactive File)

AB 828 (Baldwin-R) Consumer guide: funeral and cemetery purchases

Requires funeral establishments to provide consumers with a business guide produced by the Federal Trade Commission for use by funeral business entities.

(Died in Assembly Consumer Protection, Governmental Efficiency, and Economic Development Committee)

AB 966 (Papan-D) Car rentals

Requires a rental company to disclose additional prescribed information regarding the renter's insurance coverage and that the credit card used to pay for the rental may provide liability coverage. Deletes the maximum amount that a rental company may charge for an optional damage waiver.

(Died in Senate Judiciary Committee)

AB 1007 (Wayne-D) Consumers Internet Privacy Protection Act

Enacts the Internet Privacy Protection Act of 1999 which prohibits internet service providers from disclosing personal information about a subscriber to a third party for marketing or other purposes without the knowledge and affirmation consent of the subscriber.

(Died in Assembly Consumer Protection, Governmental Efficiency and Economic Development Committee)

AB 1024* (Dutra-D) Disasters: price gouging

Makes it a misdemeanor for any person to sell specified goods or services for 10 percent more than the price charged prior to October 1, 1999, if those items become scarce due to the "Year 2000" problem.

(Died in Assembly Appropriations Committee)

AB 1138 (Strom-Martin-D) Financial planning services: seniors

Prohibits a person from engaging in the unauthorized practice of law in connection with any estate planning service, as defined, and prohibits solicitations and other related activities in this regard. Prohibits the sale of investments by a person who solicits or performs estate planning services in violation of this bill. Provides for specified civil remedies for any person affected by a violation of it provisions.

(Failed passage on Assembly Unfinished Business File)

AB 1304 (Maddox-R) Home solicitation contracts

Revises the definition of "services" in the law regulating home solicitation contracts to exclude services of licensed private investigators.

(Died in Assembly Judiciary Committee)

AB 1331 (Papan-D) Renaming of consumer laws

Removes former Senator Alan Robbins' name from the Robbins-Rosenthal Fair Debt Collection Practice Act, the Areias-Robbins Credit Card Full Disclosure Act of 1986, the Areias-Robbins Retail Installation Account Full Disclosure Act of 1986, at the Robbins-Vuich-Calderon Financial Institutions Act of 1986.

Chapter 375, Statutes of 2000

AB 1443 (Zettel-R) Product liability

Enacts the California Product Liability Reform Act of 1999 establishing specific provisions governing the determination of strict liability for design defects, and exempting prescription drug manufacturers from strict liability for design defects.

(Died in Assembly Judiciary Committee)

AB 1462 (Cox-R) Preneed burial containers

Establishes trust requirements for preneed burial container arrangements.

(Died in Senate Judiciary Committee)

AB 1711* (Leach-R) Bunk bed safety

Changes the effective date of the Bunk Bed Safety Act from January 1, 2000, to June 19, 2000 (the effective date of recently adopted federal regulations). Specifies that a bunk bed is presumed unsafe if it does not meet the federal standards, and repeals the presumption that a bunk bed is unsafe if it fails to meet the American Society for Testing Materials standards, as modified. Provides that beds manufactured prior to June 19, 2000 (rather than prior to January 1, 2000) that are not in compliance with the federal regulations may be sold in California if the bed contains a disclosure/warning in a conspicuous location.

Chapter 6, Statutes of 2000

AB 1778 (Lowenthal-D) Motor vehicle replacement parts

Requires automobile repair facilities to notify customers whether crash parts being used to repair a damaged vehicle are original equipment manufacturer (OEM) parts or non-OEM parts.

Chapter 336, Statutes of 2000

AB 1816 (Wayne-D) Simulated checks

Prohibits, instead of restricts, the production, advertising, offering for sale, selling, distributing, or transferring for use in this state of any simulated check, except for specified cases. Also revises the definition of simulated check to cover other instances in which the artifice has been or is being used.

Chapter 185, Statutes of 2000

AB 1837 (Torlakson-D) Labeling: plumbing pipe and fittings

Requires cast iron plumbing pipe and fittings potables and wastewater piping systems to be labeled with the county of origin and the manufacturer's name.

(Died in Assembly Housing and community Development Committee)

AB 1858 (Romero-D) Consumer protection: consumer protection: immigration

Makes changes to the law pertaining to attorney and non-attorney advertisements relating to immigration and naturalization services and increases the civil penalty that victims of immigration fraud can collect.

Chapter 674, Statutes of 2000

AB 1932 (Davis-D) Alcoholic beverages: advertising

Prohibits any person from advertising or causing to be advertised alcohol beverage products on an advertising display within 1,000 feet of any elementary school, junior high school, or high school.

(Died in Assembly Government Organization Committee)

AB 1963 (Hertzberg-D) Credit card disclosures

Requires credit card issuers to provide with each billing statement a statement indicating the number of months and total cost to pay off the entire balance due on an open-end credit card account, as specified.

Vetoed by the Governor

AB 2051 (Robert Pacheco-R) Repossessed vehicle

Clarifies the notice requirements for the sale of repossessed vehicles.

Chapter 188, Statutes of 2000

AB 2075 (Granlund-R) On-premises advertising

Permits business owners to modify existing on-premises advertising displays without conforming to existing local ordinances provided that no structural changes are made to the display.

Vetoed by the Governor

AB 2079 (Granlund-R) Preneed funeral arrangements

Clarifies existing law relating to preneed funeral trusts and provides trustees more flexibility to recoup trust administrative costs, as specified.

Chapter 757, Statutes of 2000

AB 2216 (Battin-R) Condoms: labeling

Requires each manufacturer of condoms offered for sale or distribution in California after January 1, 2001, to place, or cause to be placed on each package of condoms offered for sale or distribution on or after January 1, 2001, bearing a warning of the potential danger of contracting the human papilloma virus, the lasting cause of cervical cancer.

(Died in Assembly Health Committee)

AB 2246 (Wayne-D) Customer records: destruction

Requires a business to ensure the privacy of a customer's personal information, as defined, contained in records by destroying, or arranging for the destruction of the records by shredding, erasing, or otherwise modifying the customer record to make information therein unreadable or undecipherable through any means. Any customer injured by a business' violation of these provisions would be entitled to institute a civil action to recover damages, injunctive relief, or other remedies.

Chapter 1039, Statutes of 2000

AB 2279 (Dutra-D) Cremated human remains disposal

Revises current law relating to the completed permit for the scattering of human remains, adds disciplinary action provisions for making a false statement on the annual report and specifies conditions for the removal, storage and maintenance of cremated human remains.

Chapter 276, Statutes of 2000

AB 2462 (Wright-R) Personal identifying information

Expands the remedies and sanctions available to victims of identity theft, as specified.

(Died in Senate Judiciary Committee)

AB 2517 (Shelley-D) Motor vehicles: reacquisition agreements

Prohibits any automobile dealer or lienholder who reacquires, or who assists in reacquiring, a motor vehicle, whether by judgment, decree, arbitration award, settlement agreement, or voluntary agreement, from engaging in certain conduct involving key automobile manufacturer, importer, or distributor who assists a dealer or lienholder in the reacquirement.

Chapter 258, Statutes of 2000

AB 2526 (Leach-R) Lead candles

Prohibits the manufacture, sale, or importation of any candle that has a core or wick containing more than one percent lead, as specified.

(Died in Assembly Consumer Protection, Governmental Efficiency, and Economic Development Committee)

AB 2699 (Cox-R) Teller assisted marketing plans

Provides that a product distributorship that meets certain specified requirements is not a seller assisted marketing plan (SAMP) for purposes of the consumer protection laws under the SAMP Act.

Chapter 413, Statutes of 2000

AB 2704 (Cunneen-R) Unsolicited electronic mail ads

Allows an electronic mail service provider to register with the State Attorney General to certify that it has a policy against unsolicited electronic mail advertising and a prohibition against the use of its equipment to do so, as specified.

Vetoed by the Governor

AB 2723 (Wesson-D) Bottled water

Enacts bottled water and vended water labeling ad notification requirements, as specified.

Chapter 533, Statutes of 2000

AB 2869 (Machado-D) Credit card issuers

Requires credit card issuers to notify cardholders of their right to "opt out" of the issuer's dissemination of the cardholder's personal information, as specified.

Chapter 977, Statutes of 2000

ACR 70 (Washington-D) Y2K price stabilization

Requests business owners and essential service providers in the state to refrain from raising prices of goods, services, and public utilities beyond acceptable levels as a result of the Y2K computer conversion.

(Died in Assembly Information Technology Committee)

Index (in Bill Order)