Consumerism

Note: * Denotes Urgency or Tax Levy Legislation.

Consumerism Legislation

Go to Index

SB 102 (Correa-D) Cell telephone customer privacy

Requires a commercial seller of mobile telephony service communications devices (commonly known as "cell phones") that incorporate geotagging, as defined, capability to disclose this capability to a potential purchaser prior to completing a sale of the device. Prohibits the commercial seller from selling a mobile telephony service communications device to a purchaser with the geotagging capability activated or operational without first obtaining the purchaser's consent, in writing, acknowledging that the purchaser has been informed of the existence of the geotagging capability and consents to this capability being activated or operational.
(Died in Senate Energy, Utilities and Communications Committee)

SB 287 (Fuller-R) Conditional sale contracts

Limits the award of attorney's fees to a prevailing party in an action instituted by a person who has suffered injury in fact and has lost money or property as a result of a violation governing conditional sales contracts for motor vehicles.
(Died in Senate Judiciary Committee)

SB 402 (Vargas-D) Outdoor advertising: Imperial County

Provides an exemption from the regulations of the Outdoor Advertising Act for an advertising display located within 1,800 feet of the intersection of State Highway Routes 8 and 111 in the County of Imperial if certain conditions are satisfied.
(Died in Senate Rules Committee)

SB 708 (Corbett-D) Electronic transfer funds

Clarifies that the Uniform Commercial Code (UCC) shall apply to a funds transfer that is a remittance transfer, as defined, unless the remittance transfer is an electronic fund transfer, as defined. Specifies if there is an inconsistency between the applicable provision of the UCC and the federal act, the applicable provisions of the federal act shall control to the extent of the inconsistency.
Chapter 392, Statutes of 2012

SB 761 (Lowenthal-D) Consumerism: computer spyware

Requires the Attorney General, by 7/1/12, to adopt regulations that would require online businesses to provide California consumers with a method for the consumer to opt out of the collection or use of his/her information by the business.
(Died in Senate Appropriations Committee)

SB 823 (Corbett-D) Made in California Program

Creates the Made in California Program within the Governor's Office of Economic Development, and makes it an unfair method of competition or an unfair or deceptive business practice to use a designated Made in California label without participating in the Made in California Program.
(Died in Assembly Appropriations Committee)

SB 890 (Leno-D) Fair Debt Buyers Practices Act

Enacts the Fair Debt Buyers Practices Act, imposing various requirements on practices that may be used to collect on purchased consumer debt.
(Died in Assembly Banking and Finance Committee)

SB 915 (Calderon-D) Plastic bags: recycled content

Establishes a mandatory level of recycled content in plastic bags according to a specified schedule. Requires the Department of Resources Recycling and Recovery to establish a working group of stakeholders to develop strategies for increasing the recycling of plastic bags and develop suggestions for funding increased consumer awareness.
(Died in Senate Environmental Quality Committee)

SB 932 (Leno-D) Cellular telephones: notice requirements

Requires cellular telephone retailers to prominently display a notice relating to radiofrequency energy emitted by a cellular telephone (1) adjacent to the purchase price at the physical retail location, (2) on the retailers' Internet Web site, and (3) on the exterior packaging of the phone. Requires the notice to state "This device emits radiofrequency energy. Do not hold or carry it directly against the body when connected to a network or you may be exposed to levels greater than the safety limit established by the Federal Communications Commission. Consult the user's manual for additional information on safe use."
(Died on Senate Inactive File)

SB 956 (Lieu-D) Automobile sellers and lenders

Enacts the Buy-Here-Pay-Here (BHPH) Automobile Dealers Act, as specified, to regulate the contract terms and other activities of entities meeting the definition of BHPH automobile dealers.
Vetoed

SB 977 (Yee-D) Nail polish

Subjects a manufacturer of nail polish that violates provisions of existing law governing misbranded cosmetics, if convicted, to a maximum fine of $2,000 and/or imprisonment for one year in the county jail. Clarifies that the provisions of this bill shall not apply to nail salons or to distributors, retailers or wholesalers of nail polish.
Vetoed

SB 1106 (Strickland-R) Reusable grocery bags

Prohibits the manufacture of reusable bags that do not contain the following warning in 10-point type:
WARNING: Reusable bags must be cleaned and disinfected between uses to prevent food cross contamination. Failure to do so can cause serious illness from food-borne pathogens.
(Died in Senate Environmental Quality Committee)

SB 1127 (Vargas-D) Consumer products: volatile organic compounds

Eliminates regulatory overlap between the South Coast Air Quality Management District and the Air Resources Board concerning achieving reduction in volatile organic compounds emitted by consumer products.
(Died in Senate Environmental Quality Committee)

SB 1159* (Calderon-D) Labeling: plastic bags

Enacts the Plastic Bag Reduction and Recycling Act of 2012 and prohibits the operator of a supermarket, as defined, on and after 7/1/13, from distributing a plastic carryout bag to a customer unless the plastic carryout bag displays the phrase "Please Recycle This Bag," in accordance with specified requirements.
(Died in Senate Environmental Quality Committee)

SB 1219 (Wolk-D) At-Store Recycling Program

Extends the At-Store Recycling Program requirements until 1/1/20, and repeals the provisions preempting local regulatory action.
Chapter 384, Statutes of 2012

SB 1384 (Simitian-D) Consumer information privacy

Allows a consumer to freeze his/her specialty consumer report, defined to mean reports relating to the consumer's medical records, residential or tenant history, employment history, or insurance claims.
(Died on Senate Inactive File)

SB 1444 (Anderson-R) Assistive devices: warranty

Provides a new hearing aid warranty under Song-Beverly, which would provide that the hearing aid may be returned to the seller within 30 days from the date the buyer is fitted with the hearing aid and takes possession of it.
(Died in Senate Judiciary Committee)

SB 1460 (Yee-D) Automotive repair: replacement parts

Requires an automotive repair dealer or insurer who uses or directs the use of replacement crash parts, as defined, to follow specified procedures when using replacement crash parts, to expressly notify the automobile owner regarding the use of specific categories of crash parts in making the repairs, and to provide disclosures as to the warranty for those parts, as specified.
(Died in Assembly Judiciary Committee)

SB 1465 (Yee-D) Food safety: Asian rice-based noodles

Requires manufacturers of Asian rice-based noodles to place a date and time stamp on the packaging of the noodles indicating when the noodles first came out of hot holding, as specified, and the noodles are perishable. Exempts Asian rice-based noodles that meet specified conditions from these requirements.
Chapter 658, Statutes of 2012

SB 1486 (Lieu-D) Menu labeling

Requires a retail food facility that offers or sells seafood, as defined, as a menu item to identify specified information regarding the seafood and, if the retail food facility has a drive-through area and uses a menu board to display or list menu items, to disclose on this menu board a statement that this specified information is available upon request.
(Died in Senate Rules Committee)

SCR 72 (Price-D) National Consumer Protection Week

Recognizes that the Federal Trade Commission and other consumer organizations have designated the week of 3/4/12 through 3/10/12 as National Consumer Protection Week in order to empower consumers with knowledge to help them make informed choices in their purchases and to protect themselves from fraud and identity theft, and declares the support of the Legislature for National Consumer Protection Week.
(Died in Senate Rules Committee)

AB 87 (Logue-R) Home furnishings: inspections: compensation

Deletes provisions allowing a chief or inspector from the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation to take any articles or samples of upholstered furniture or bedding for purposes of analysis.
(Died in Assembly Appropriations Committee)

AB 88 (Huffman-D) Food labeling: salmon and finfish

Requires that genetically engineered (GE) salmon or other finfish products prepared from those fish or the progeny of GE fish be conspicuously disclosed on the label. GE fish without this label will be considered misbranded.
(Failed passage in Assembly Appropriations Committee)

AB 237 (Galgiani-D) Cosmetics: safety

Requires any manufacturer of cosmetic products sold in California that does not currently comply with a voluntary federal cosmetic ingredients reporting program to provide similar information, as that disclosed to the federal program, to the Department of Public Health.
(Died in Assembly Appropriations Committee)

AB 336 (Dickinson-D) Consumer loans

Establishes standards, prohibitions, and requirements on lenders that provide loans collateralized by a motor vehicle.
(Died in Assembly Banking and Finance Committee)

AB 753 (Monning-D) Vehicles: rentals

Prohibits car rentals companies from renting or selling cars that are subject to federal recall notices.
(Died in Senate Appropriations Committee)

AB 817 (Gatto-D) Vehicle rental contracts

Requires the California Law Revision Commission to study whether the laws regulating rental car companies and their customers would benefit from greater clarity and concision and report its findings and recommendations to the Legislature by 12/31/12.
(Died on Senate Inactive File)

AB 858 (Jones-R) False advertising

Provides that a product that is made all or virtually all in the United States, within the meaning of the Enforcement Policy Statement on United States Origin Claims issued by the Federal Trade Commission, be deemed merchandise that has been entirely or substantially made, manufactured, or produced within the United States.
(Failed passage in Senate Judiciary Committee)

AB 929 (Wieckowski-D) Debtor exemptions: bankruptcy

Increases the dollar amount of the exemptions for a debtor's interest in motor vehicles, jewelry, and implements, professional books, or tools of the trade of the debtor or the debtor's dependent. Beginning 4/1/13, and every three years thereafter, requires the Judicial Council to submit to the Legislature the amount by which the dollar amounts of the homestead exemptions may be adjusted based on the change in the annual California Consumer Price Index for All Urban Consumers, as specified. Increases the amount of the homestead exemptions for persons 55 years of age or older who meet specified income criteria.
Chapter 678, Statutes of 2012

AB 994 (Cedillo-D) Outdoor advertising

Authorizes outdoor advertising displays, within an individual redevelopment agency project, considered to be on premises to continue to be considered as on premises advertising displays after a redevelopment agency is dissolved, if the agency consented to the advertising display before 1/1/11.
(Died in Assembly Governmental Organization Committee)

AB 1061 (Eng-D) Consumer warranties: vehicles

Requires every manufacturer, distributor, or retailer making express warranties with respect to a new vehicle also to fully set forth, in simple and readily understood language, a detailed list of items that are not covered under the warranty.
(Died in Assembly Business, Professions and Consumer Protection Committee)

AB 1277 (Hill-D) Sherman Food, Drug, and Cosmetic Law

Eliminates licensing inspections by the Department of Public Health (DPH) for drug and medical device manufacturers, as specified. Limits DPHs authority to make investigations or inspections of manufacturers to situations where DPH has determined the health and safety of the public is at risk, or when the U.S. Food and Drug Administration has requested assistance for enforcement activities.
Chapter 688, Statutes of 2012

AB 1447 (Feuer-D) Automobile sales

Prohibits a buy-here-pay-here dealer from selling or leasing a used vehicle at retail price without giving the buyer or lessee a written warranty that shall have a minimum duration of at least 30 days from the date of delivery or when the odometer has registered 1,000 miles from what is shown on the contract, whatever occurs first. If the dealer fails to give the buyer a written warranty, the dealer shall be deemed to have provided the warranty as a matter of law.
Chapter 740, Statutes of 2012

AB 1534 (Wieckowski-D) Vehicles: dealers: used vehicle sales

Requires a buy-here-pay-here dealer, as defined, to affix to and to prominently and conspicuously display a label on any used vehicle offered for retail sale that states the reasonable market value of the vehicle.
Chapter 741, Statutes of 2012

AB 1581 (Wieckowski-D) Advertising: business location representations

Makes it an infraction for a provider or vendor of floral or ornamental products or services, as defined, to misrepresent the geographic location of its business, as specified.
Chapter 633, Statutes of 2012

AB 1892 (Halderman-R) Construction defect solicitations

Requires the Department of Consumer Affairs to post a notice on its Internet Web site advising consumers who receive a construction defect solicitation to check with their builder in addition to taking any further action.
Vetoed

AB 1926 (Solorio-D) Service contracts

Includes in the definition of service contract a written contract for the performance of services relating to the maintenance, replacement, or repair of optical products, thereby making administrators and sellers of those contracts subject to registration with the Bureau of Electronic and Appliance Repair, Home Furnishings and Thermal Insulation.
(Died in Senate Appropriations Committee)

AB 1984 (Wagner-R) Illuminated advertising: buses

Authorizes the University of California at Irvine to equip the sides of its buses with illuminated signs to display advertising until 1/1/18.
(Died in Senate Transportation and Housing Committee)

AB 2065 (Galgiani-D) Automotive repair

Deletes tire repair and changing from the list of services exempt from licensure as an automotive repair dealer under the Bureau of Automotive Repair.
(Died in Assembly Appropriations Committee)

AB 2189 (Cedillo-D) Vehicles: rentals

Allows a vehicle rental company to verify a renter's identity by comparison of the driver’s license photograph to the driver renting the vehicle, creates an exemption from the verification requirement for a rental company that is located remotely.
Chapter 862, Statutes of 2012

AB 2197 (Mitchell-D) Seating furniture: flammability

Requires all seating furniture sold or offered for sale to meet a smolder flammability test rather than an open flame-test.
(Died in Assembly Environmental Safety and Toxic Materials Committee)

AB 2218 (Williams-D) Consumer safety: table saws

Prohibits a seller, on or after 1/1/16, from selling a new table saw in this state unless that table saw is equipped with injury mitigation technology, as defined.
(Died on Senate Inactive File)

AB 2233 (Atkins-D) Consumer loans: finance lending

Authorizes licensed finance lenders and brokers to make small installment consumer loans for a limited term, as specified, of an amount of at least $750 and no more than $2,500. Authorizes licensees to contract for and receive specified alternative interest rates and charges, including an administrative fee, an account service fee, and a returned check fee. Specifies that the borrower has a right to rescind a small installment consumer loan, as specified, and requires the lender to disclose this right to the borrower in the loan agreement.
(Died in Assembly Banking and Finance Committee)

AB 2258 (Wieckowski-D) Retail fuel sales

Establishes conditions under which a retail fuel discount program would not be subject to California's Unfair Practices Act.
(Failed passage in Assembly Business, Professions, and Consumer Protection Committee)

AB 2374 (Roger Hernández-D) Consumer credit reports

Prohibits a credit reporting agency from charging specified consumers any fee for the initial placement of a security freeze. A credit reporting agency could, however, still charge a fee (capped at $5) for lifting, removing, or replacing a security freeze.
Chapter 645, Statutes of 2012

AB 2375 (Knight-R) Illuminated advertising signs

Authorizes the Antelope Valley Transit Authority to equip the sides of its buses with illuminated signs to display advertising if the City of Santa Monica has not already done so by 3/1/13.
(Died in Senate Transportation and Housing Committee)

AB 2379 (Huber-D) Rental vehicles: damage waivers

Increases the amount that a rental company may charge for a damage waiver, as specified, and requires that the damage waiver prices be adjusted annually to reflect changes from the previous year in the Consumer Price Index.
(Died in Assembly Judiciary Committee)

AB 2505 (Ma-D) Motor vehicle replacement parts

Requires that an automotive repair dealer include the name of the certifying entity on an estimate and invoice when the dealer uses a non-original equipment manufacturer certified aftermarket crash part.
(Died in Assembly Appropriations Committee)

AB 2566 (Hill-D) Outdoor advertising

Provides an exemption from the regulations of the Outdoor Advertising Act for an advertising display located on State Route 1, in the County of San Mateo, if certain conditions are satisfied.
(Died in Senate Transportation and Housing Committee)

Index (in Measure Order)