Civil Code — Part 5 | CIV — United States — California law | Esheria

Civil Code

Part 5 of 20 · provisions 801–1,000

This section names the act the Civil Code of the State of California and says it is divided into four parts.

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Occupancy can create title, but that title is subject to listed superior claims and does not by itself let the occupant bring or keep a quiet title action unless prescription has matured the title. Occupancy for the time required by the Code of Civil Procedure can create title by prescription, except for property dedicated to public use or owned by the state or a public entity. A use of land does not become a prescriptive easement if the owner posts notice signs at each entrance or every 200 feet along the boundary. Public use of private property does not create a permanent vested right unless there is an express written irrevocable offer of dedication that is accepted as required; special rules apply to certain coastal property. A person who in good faith and by mistake affixes improvements to another’s land may remove them, but must pay damages as required.

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Provisions of Civil Code

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  1. 1788.66.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6C.5. Fair Debt Buying Practices [1788.50 - 1788.66] ( Title 1.6C.5 added by Stats. 2013, Ch. 64, Sec. 2. )

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    A person must not sell or assign unpaid COVID-19 rental debt during the stated period if the debtor would have qualified for certain rental assistance and the household income test is met.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6C.5. Fair Debt Buying Practices [1788.50 - 1788.66] ( Title 1.6C.5 added by Stats. 2013, Ch. 64, Sec. 2. ) ## 1788.66. Notwithstanding any other law, a person shall not sell or assign any unpaid COVID-19 rental debt, as defined in Section 1179.02 of the Code of Civil Procedure, for the time period between March 1, 2020, and September 30, 2021, of any person who would have qualified for rental assistance funding provided by the Secretary of the Treasury pursuant to Section 501 of Subtitle A of Title V of Division N of the federal Consolidated Appropriations Act, 2021 (Public Law 116-260) or Section 3201 of Subtitle B of Title III of the federal American Rescue Plan Act of 2021 (Public Law 117-2), if the person’s household income is at or below 80 percent of the area median income for the 2020 or 2021 calendar year. (Amended by Stats. 2021, Ch. 27, Sec. 3. (AB 832) Effective June 28, 2021.)
  2. 1788.90.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6C.7. Educational Debt Collection Practices [1788.90 - 1788.94] ( Title 1.6C.7 added by Stats. 2019, Ch. 518, Sec. 1. )

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    This section names the title the Educational Debt Collection Practices Act and allows it to be cited by that name.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6C.7. Educational Debt Collection Practices [1788.90 - 1788.94] ( Title 1.6C.7 added by Stats. 2019, Ch. 518, Sec. 1. ) ## 1788.90. This title shall be known, and may be cited, as the Educational Debt Collection Practices Act. (Added by Stats. 2019, Ch. 518, Sec. 1. (AB 1313) Effective January 1, 2020.)
  3. 1788.91.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6C.7. Educational Debt Collection Practices [1788.90 - 1788.94] ( Title 1.6C.7 added by Stats. 2019, Ch. 518, Sec. 1. )

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    This section says schools should not use transcript withholding as a debt collection tactic.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6C.7. Educational Debt Collection Practices [1788.90 - 1788.94] ( Title 1.6C.7 added by Stats. 2019, Ch. 518, Sec. 1. ) ## 1788.91. The Legislature finds and declares all of the following: (a) Schools and colleges have threatened to withhold transcripts from students as a debt collection tactic. The practice can cause severe hardship by preventing students from pursuing educational and career opportunities, and it is therefore unfair and contrary to public policy. Moreover, the practice is counterproductive as it may further delay the payment of the debt by creating obstacles to student employment. (b) It is the purpose of this title to prohibit schools from interfering with student educational and career opportunity by the withholding of transcripts. (Added by Stats. 2019, Ch. 518, Sec. 1. (AB 1313) Effective January 1, 2020.)
  4. 1788.92.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6C.7. Educational Debt Collection Practices [1788.90 - 1788.94] ( Title 1.6C.7 added by Stats. 2019, Ch. 518, Sec. 1. )

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    This section defines “School” and “Debt” for this title.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6C.7. Educational Debt Collection Practices [1788.90 - 1788.94] ( Title 1.6C.7 added by Stats. 2019, Ch. 518, Sec. 1. ) ## 1788.92. For purposes of this title, the following terms shall have the following meanings: (a) “School” means any public or private postsecondary school, or any public or private entity, responsible for providing transcripts to current or former students of a school. (b) “Debt” means any money, obligation, claim, or sum, due or owing, or alleged to be due or owing, from a student, but does not include the fee, if any, charged to all students for the actual costs of providing the transcripts. (Added by Stats. 2019, Ch. 518, Sec. 1. (AB 1313) Effective January 1, 2020.)
  5. 1788.93.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6C.7. Educational Debt Collection Practices [1788.90 - 1788.94] ( Title 1.6C.7 added by Stats. 2019, Ch. 518, Sec. 1. )

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    A school may not refuse, delay, condition, charge extra for, or otherwise use transcript issuance to collect a student debt.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6C.7. Educational Debt Collection Practices [1788.90 - 1788.94] ( Title 1.6C.7 added by Stats. 2019, Ch. 518, Sec. 1. ) ## 1788.93. Notwithstanding any provision of law, a school shall not do any of the following: (a) Refuse to provide a transcript for a current or former student on the grounds that the student owes a debt. (b) Condition the provision of a transcript on the payment of a debt, other than a fee charged to provide the transcript. (c) Charge a higher fee for obtaining a transcript, or provide less favorable treatment of a transcript request because a student owes a debt. (d) Use transcript issuance as a tool for debt collection. (Added by Stats. 2019, Ch. 518, Sec. 1. (AB 1313) Effective January 1, 2020.)
  6. 1788.94.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6C.7. Educational Debt Collection Practices [1788.90 - 1788.94] ( Title 1.6C.7 added by Stats. 2019, Ch. 518, Sec. 1. )

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    A waiver of any provision in this title is void and unenforceable as against public policy.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6C.7. Educational Debt Collection Practices [1788.90 - 1788.94] ( Title 1.6C.7 added by Stats. 2019, Ch. 518, Sec. 1. ) ## 1788.94. Any waiver of a provision of this title is contrary to public policy and is void and unenforceable. (Added by Stats. 2024, Ch. 853, Sec. 13. (AB 3281) Effective January 1, 2025.)
  7. 1789.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6D. ELECTRONIC COMMERCE [1789 - 1789.9] ( Title 1.6D added by Stats. 1984, Ch. 638, Sec. 1. ) ## ARTICLE 1. General Provisions [1789 - 1789.9] ( Article 1 added by Stats. 1984, Ch. 638, Sec. 1. )

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    The Legislature states that consumers should have comprehensive knowledge of services available through electronic commerce.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6D. ELECTRONIC COMMERCE [1789 - 1789.9] ( Title 1.6D added by Stats. 1984, Ch. 638, Sec. 1. ) ## ARTICLE 1. General Provisions [1789 - 1789.9] ( Article 1 added by Stats. 1984, Ch. 638, Sec. 1. ) ## 1789. The Legislature hereby finds and declares that it is in the public interest that consumers have comprehensive knowledge of services available through electronic commerce and to that end hereby enacts the Electronic Commerce Act of 1984. (Added by Stats. 1984, Ch. 638, Sec. 1.)
  8. 1789.1.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6D. ELECTRONIC COMMERCE [1789 - 1789.9] ( Title 1.6D added by Stats. 1984, Ch. 638, Sec. 1. ) ## ARTICLE 1. General Provisions [1789 - 1789.9] ( Article 1 added by Stats. 1984, Ch. 638, Sec. 1. )

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    This title may be cited as The Electronic Commerce Act of 1984.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6D. ELECTRONIC COMMERCE [1789 - 1789.9] ( Title 1.6D added by Stats. 1984, Ch. 638, Sec. 1. ) ## ARTICLE 1. General Provisions [1789 - 1789.9] ( Article 1 added by Stats. 1984, Ch. 638, Sec. 1. ) ## 1789.1. This title may be cited as “The Electronic Commerce Act of 1984.” (Added by Stats. 1984, Ch. 638, Sec. 1.)
  9. 1789.10.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6E. CREDIT SERVICES [1789.10 - 1789.26] ( Title 1.6E added by Stats. 1984, Ch. 1177, Sec. 1. )

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    This title may be cited as the Credit Services Act of 1984.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6E. CREDIT SERVICES [1789.10 - 1789.26] ( Title 1.6E added by Stats. 1984, Ch. 1177, Sec. 1. ) ## 1789.10. This title shall be known and may be cited as the “Credit Services Act of 1984.” (Added by Stats. 1984, Ch. 1177, Sec. 1.)
  10. 1789.11.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6E. CREDIT SERVICES [1789.10 - 1789.26] ( Title 1.6E added by Stats. 1984, Ch. 1177, Sec. 1. )

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    This section says the title is meant to help consumers make informed decisions about credit services and to protect the public from unfair or deceptive advertising and business practices.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6E. CREDIT SERVICES [1789.10 - 1789.26] ( Title 1.6E added by Stats. 1984, Ch. 1177, Sec. 1. ) ## 1789.11. The Legislature finds and declares that: (a) The ability to obtain and use credit has become of great importance to consumers, who have a vital interest in establishing and maintaining their creditworthiness and credit standing. As a result, consumers who have experienced credit problems may seek assistance from credit services organizations which offer to obtain credit or improve the credit standing of those consumers. Certain advertising and business practices of some credit services organizations have worked a financial hardship upon the people of this state, often those who are of limited economic means and inexperienced in credit matters. Credit services organizations have significant impact upon the economy and well-being of this state and its people. (b) The purposes of this title are to provide prospective consumers of services of credit services organizations with the information necessary to make an intelligent decision regarding the purchase of those services and to protect the public from unfair or deceptive advertising and business practices. (c) This title shall be construed liberally to achieve these purposes. (Amended by Stats. 2022, Ch. 965, Sec. 1. (AB 2424) Effective January 1, 2023.)
  11. 1789.12.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6E. CREDIT SERVICES [1789.10 - 1789.26] ( Title 1.6E added by Stats. 1984, Ch. 1177, Sec. 1. )

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    This section defines key terms used in the credit services title, including “communication,” “consumer,” “credit services organization,” “data furnisher,” “extension of credit,” and “person.”

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6E. CREDIT SERVICES [1789.10 - 1789.26] ( Title 1.6E added by Stats. 1984, Ch. 1177, Sec. 1. ) ## 1789.12. As used in this title: (a) “Communication” means the conveyance of any information regarding a debt, credit record, credit history, or credit rating, directly or indirectly, to any person by any means or through any medium. (b) “Consumer” means any natural person who is solicited to purchase or who purchases the services of a credit services organization. (c) “Consumer credit reporting agency” has the same meaning as in Section 1785.3. (d) “Credit services organization” means a person who, with respect to the extension of credit by others, sells, provides, or performs, or represents that the person can or will sell, provide, or perform, any of the following services, in return for the payment of money or other valuable consideration: (1) Improving a consumer’s credit record, history, or rating. (2) Obtaining a loan or other extension of credit for a consumer. (3) Providing advice or assistance to a consumer with regard to either paragraph (1) or (2). (e) “Credit services organization” does not include any of the following: (1) Any person holding a license to make loans or extensions of credit pursuant to the laws of this state or the United States who is subject to regulation and supervision with respect to the making of those loans or extensions of credit by an official or agency of this state or the United States and whose business is the making of those loans or extensions of credit. (2) Any bank, as defined in Section 103 of the Financial Code, or any savings institution, as specified in subdivision (a) or (b) of Section 5102 of the Financial Code, whose deposits or accounts are eligible for insurance by the Federal Deposit Insurance Corporation. (3) Any person licensed as a prorater by the Department of Financial Protection and Innovation when the person is acting within the course and scope of that license. (4) Any person licensed as a real estate broker performing an act for which a real estate license is required under the Real Estate Law (Part 1 (commencing with Section 10000) of Division 4 of the Business and Professions Code) and who is acting within the course and scope of that license. (5) Any attorney licensed to practice law in this state, where the attorney renders services within the course and scope of the practice of law, unless the attorney is an employee of, or otherwise directly affiliated with, a credit services organization. This includes attorneys that regularly engage in litigation in furtherance of assisting consumers with credit issues. (6) Any broker-dealer registered with the Securities and Exchange Commission or the Commodity Futures Trading Commission where the broker-dealer is acting within the course and scope of the regulation. (7) Any nonprofit organization described in Section 501(c)(3) of the Internal Revenue Code that, according to a final ruling or determination by the Internal Revenue Service, is both of the following: (A) Exempt from taxation under Section 501(a) of the Internal Revenue Code. (B) Not a private foundation as defined in Section 509 of the Internal Revenue Code. An advance ruling or determination of tax-exempt or foundation status by the Internal Revenue Service does not meet the requirements of this paragraph. (f) “Data furnisher” has the same meaning as the term “furnisher” is defined in Section 660.2 of Title 16 of the Code of Federal Regulations. (g) “Extension of credit” means the right to defer payment of debt or to incur debt and defer its payment, offered or granted primarily for personal, family, or household purposes. (h) “Person” includes an individual, corporation, partnership, joint venture, or any business entity. (Amended by Stats. 2022, Ch. 965, Sec. 2. (AB 2424) Effective January 1, 2023.)
  12. 1789.13.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6E. CREDIT SERVICES [1789.10 - 1789.26] ( Title 1.6E added by Stats. 1984, Ch. 1177, Sec. 1. )

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    Credit services organizations and related sellers must not charge upfront, mislead consumers, mishandle credit disputes, or advertise without registration.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6E. CREDIT SERVICES [1789.10 - 1789.26] ( Title 1.6E added by Stats. 1984, Ch. 1177, Sec. 1. ) ## 1789.13. A credit services organization and its salespersons, agents, representatives, and independent contractors who sell or attempt to sell the services of a credit services organization shall not do any of the following: (a) Charge or receive any money or other valuable consideration prior to full and complete performance of the services the credit services organization has agreed to perform for or on behalf of the consumer. (b) Fail to perform the agreed services within 180 days following the date the consumer signs the contract for those services. (c) Fail to provide a monthly statement to the consumer detailing the services performed. (d) Charge or receive any money or other valuable consideration for referral of the consumer to a retail seller or other credit grantor who will or may extend credit to the consumer, if either of the following apply: (1) The credit that is or will be extended to the consumer (A) is upon substantially the same terms as those available to the general public or (B) is upon substantially the same terms that would have been extended to the consumer without the assistance of the credit services organization. (2) The money or consideration is paid by the credit grantor or is derived from the consumer’s payments to the credit grantor for costs, fees, finance charges, or principal. (e) Make, or counsel or advise a consumer to make, a statement that is untrue or misleading and that is known, or that by the exercise of reasonable care should be known, to be untrue or misleading, to a consumer credit reporting agency or to a person who has extended credit to a consumer, to a data furnisher, or to any person with whom a consumer is applying for an extension of credit, such as statements concerning a consumer’s identification, home address, creditworthiness, credit standing, or credit capacity. (f) Remove, or assist or advise the consumer to remove, adverse information from the consumer’s credit record that is accurate or not obsolete. (g) Create, or assist or advise the consumer to create, a new credit record by using a different name, address, social security number, or employee identification number. (h) Make or use untrue or misleading representations in the offer or sale of the services of a credit services organization, including either of the following: (1) Guaranteeing or otherwise stating that the credit services organization is able to delete an adverse credit history, unless the representation clearly discloses, in a manner equally as conspicuous as the guarantee, that this can be done only if the credit history is inaccurate or obsolete and is not claimed to be accurate by the creditor who submitted the information. (2) Guaranteeing or otherwise stating that the credit services organization is able to obtain an extension of credit, regardless of the consumer’s previous credit problems or credit history, unless the representation clearly discloses, in a manner equally as conspicuous as the guarantee, the eligibility requirements for obtaining an extension of credit. (i) Engage, directly or indirectly, in an act, practice, or course of business that operates or would operate as a fraud or deception upon a person in connection with the offer or sale of the services of a credit services organization. (j) Advertise or cause to be advertised, in any manner, the services of the credit services organization, without being registered with the Department of Justice. (k) Fail to maintain an agent for service of process in this state. (l) Transfer or assign its certificate of registration. (m) Call or submit any communication to a consumer credit reporting agency, creditor, debt collector, or debt buyer without the prior written authorization of the consumer. A relevant authorization in the agreement or contract between a consumer and a credit services organization is sufficient for the purpose of this subdivision. (n) Submit a consumer’s dispute to a consumer credit reporting agency, creditor, debt collector, or debt buyer more than 180 days after the account subject to the dispute has been removed from the consumer’s credit report. (o) Use the online electronic portal, electronic mail system, or telephone system of a consumer credit reporting agency, creditor, debt collector, or debt buyer to submit a dispute of a consumer or to request disclosure without the prior written authorization of the consumer. A relevant authorization in the agreement or contract between a consumer and a credit services organization is sufficient for the purpose of this subdivision. (p) Directly or indirectly extend credit to a consumer. (q) Refer a consumer to a credit grantor that is related to the credit services organization by a common ownership, management, or control, including a common owner, director, or officer. (r) Refer a consumer to a credit grantor for which the credit services organization provides, or arranges for a third party to provide, services related to the extension of credit such as underwriting, billing, payment processing, or debt collection. (s) Provide a credit grantor with an assurance that a portion of an extension of credit to a consumer referred by the credit services organization will be repaid, including providing a guaranty, letter of credit, or agreement to acquire a part of the credit grantor’s financial interest in the extension of credit. (t) Use a scheme, device, or contrivance to evade the prohibitions contained in this section. (u) Fail to make a written communication sent on behalf of a consumer to any credit reporting agency, data furnisher, or legal counsel for either of the foregoing available to the consumer. (v) Fail to provide along with its first written communication to a credit reporting agency or data furnisher any sufficient information to investigate an account. (w) The seeking to obtain, or the obtaining of, a consumer’s credit report and the performance of other services necessary to determine the needs of a consumer for the reinvestigation of any accounts shall not constitute services of a credit services organization for which a contract is required pursuant to subdivision (a) of Section 1789.16, if that activity is undertaken with the consumer’s prior written, electronic, or recorded oral consent. (Amended by Stats. 2022, Ch. 965, Sec. 3. (AB 2424) Effective January 1, 2023.)
  13. 1789.134.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6E. CREDIT SERVICES [1789.10 - 1789.26] ( Title 1.6E added by Stats. 1984, Ch. 1177, Sec. 1. )

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    Certain consumer credit actors must communicate with a credit services organization when a consumer is represented by one, unless a listed exception applies.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6E. CREDIT SERVICES [1789.10 - 1789.26] ( Title 1.6E added by Stats. 1984, Ch. 1177, Sec. 1. ) ## 1789.134. (a) A consumer credit reporting agency, creditor, debt collector, or debt buyer that knows that a consumer is represented by a credit services organization, and that also has knowledge of, or can readily ascertain the credit services organization’s name and address shall communicate with the credit services organization unless either of the following circumstances apply: (1) The credit services organization fails to respond within 30 days to a communication from a consumer credit reporting agency, creditor, debt collector, or debt buyer. (2) The consumer expressly directs the consumer credit reporting agency, creditor, debt collector, or debt buyer not to communicate with the credit services organization. (b) Notwithstanding subdivision (a), a consumer credit reporting agency, creditor, or debt collector shall not be required to communicate with a credit services organization concerning an account that is subject to a dispute if any of the following apply: (1) The account subject to the dispute has been paid, settled, or otherwise resolved and has been reported as paid, settled, or otherwise resolved on the consumer’s credit report. (2) The account subject to the dispute has been removed from the consumer’s credit report. (3) The debt collector has provided to the credit services organization or to the consumer the verification information or documentation described in Section 1692g(b) of Title 15 of the United States Code regarding the account subject to dispute. (4) The debt buyer has provided to the credit services organization or to the consumer the information or documentation described in subdivisions (a) and (b) of Section 1788.52 regarding the account subject to the dispute. (5) The consumer credit reporting agency, creditor, or debt collector reasonably determines that the dispute is frivolous or irrelevant pursuant to Section 1681i(a)(3) or Section 1681s-2(a)(1)(F) of Title 15 of the United States Code. (Added by Stats. 2022, Ch. 965, Sec. 4. (AB 2424) Effective January 1, 2023.)
  14. 1789.135.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6E. CREDIT SERVICES [1789.10 - 1789.26] ( Title 1.6E added by Stats. 1984, Ch. 1177, Sec. 1. )

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    Credit services organizations must redact personal information in certain written communications, leaving only limited identifying details unless full disclosure is required or legally necessary for the communication’s purpose.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6E. CREDIT SERVICES [1789.10 - 1789.26] ( Title 1.6E added by Stats. 1984, Ch. 1177, Sec. 1. ) ## 1789.135. To protect against fraud and identity theft, when a credit services organization sends a written communication by facsimile, electronic mail, United States mail, overnight courier, or other means that contains personal information of a consumer, the credit services organization shall redact the personal information to include only the last four digits of the social security number, taxpayer identification number, or state identification number, the last four digits of the financial account number, credit card number, or debit card number, or the month and year of the consumer’s date of birth, unless the inclusion of the full number or date is otherwise required by law, or is legally permissible and required to achieve the desired objective. Redacting information pursuant to this subdivision shall not be considered a violation of subdivision (w) of Section 1789.13. (Added by Stats. 2022, Ch. 965, Sec. 5. (AB 2424) Effective January 1, 2023.)
  15. 1789.14.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6E. CREDIT SERVICES [1789.10 - 1789.26] ( Title 1.6E added by Stats. 1984, Ch. 1177, Sec. 1. )

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    A credit services organization must give the consumer a written statement before the contract is signed and keep an exact copy on file for four years after the agreement ends.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6E. CREDIT SERVICES [1789.10 - 1789.26] ( Title 1.6E added by Stats. 1984, Ch. 1177, Sec. 1. ) ## 1789.14. Before the execution of a contract or agreement between the consumer and a credit services organization, the credit services organization shall provide the consumer a statement in writing containing all the information required by Section 1789.15. The credit services organization shall maintain on file for a period of four years following the completion or termination of the credit services organization agreement with the consumer an exact copy of the statement. (Amended by Stats. 2022, Ch. 965, Sec. 6. (AB 2424) Effective January 1, 2023.)
  16. 1789.15.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6E. CREDIT SERVICES [1789.10 - 1789.26] ( Title 1.6E added by Stats. 1984, Ch. 1177, Sec. 1. )

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    A credit services organization must give consumers a written information statement with specified disclosures and formatting, and the statement must also explain key credit-report rights.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6E. CREDIT SERVICES [1789.10 - 1789.26] ( Title 1.6E added by Stats. 1984, Ch. 1177, Sec. 1. ) ## 1789.15. The information statement shall include all of the following: (a) A complete and detailed description of the services to be performed by the credit services organization for or on behalf of the consumer and the total amount the consumer will have to pay, or become obligated to pay, for the services. (b) The consumer’s right to proceed against the bond under the circumstances and in the manner set forth in Section 1789.18. (c) The name and address of the surety company which issued the bond. (d) A complete and accurate statement of the availability of nonprofit credit counseling services. (e) The following notice: If you have a complaint about the services provided by this credit services organization or the fees charged by this credit services organization, you may submit that complaint to the Attorney General’s office, California Department of Justice, Attn: ____, P.O. Box 944255, Sacramento, CA 94244-2550. The information statement shall be printed in at least 10-point boldface type and shall include the following statement: ## “CONSUMER CREDIT FILE RIGHTS UNDER STATE AND FEDERAL LAW You have a right to obtain a free copy of your credit report from a credit reporting agency. You may obtain this free copy of your credit report one time per year by visiting www.AnnualCreditReport.com. You will be able to view your credit report, dispute alleged inaccuracies, and obtain additional information at no fee. If requested, the consumer credit reporting agency must provide someone to help you interpret the information in your credit file. You have a right to dispute inaccurate information by contacting the consumer credit reporting agency directly. However, neither you nor any credit repair company or credit services organization has the right to have accurate, current, and verifiable information removed from your credit report. Under the Federal Fair Credit Reporting Act, the consumer credit reporting agency must remove accurate, negative information from your report only if it is over seven years old. Bankruptcy information can be reported for 10 years. If you have notified a credit reporting agency in writing that you dispute the accuracy of information in your credit file, the consumer credit reporting agency must then reinvestigate and modify or remove inaccurate information. The consumer credit reporting agency may not charge a fee for this service. Any pertinent information and copies of all documents you have concerning an error should be given to the consumer credit reporting agency. If the reinvestigation does not resolve the dispute to your satisfaction, you may send a brief statement to the consumer credit reporting agency to keep in your file, explaining why you think the record is inaccurate. The consumer credit reporting agency must include your statement about disputed information in any report it issues about you. You have a right to cancel the contract with the credit services organization for any reason before midnight on the fifth working day after you signed it. If for any reason you cancel the contract during this time, you do not owe any money. You have a right to sue a credit services organization if it misleads you.” (Amended by Stats. 2022, Ch. 965, Sec. 7. (AB 2424) Effective January 1, 2023.)
  17. 1789.16.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6E. CREDIT SERVICES [1789.10 - 1789.26] ( Title 1.6E added by Stats. 1984, Ch. 1177, Sec. 1. )

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    A credit services organization may provide services to a consumer only under a written contract that meets the section’s disclosure and cancellation requirements.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6E. CREDIT SERVICES [1789.10 - 1789.26] ( Title 1.6E added by Stats. 1984, Ch. 1177, Sec. 1. ) ## 1789.16. (a) A credit services organization shall not provide any service to a consumer except pursuant to a written contract that complies with this section. Every contract between the consumer and a credit services organization for the purchase of the services of the credit services organization shall identify the physical address, electronic mail address, and facsimile number if applicable, of the credit services organization, shall be in writing, shall be dated, shall be signed by the consumer, and shall include all of the following: (1) A conspicuous statement in size equal to at least 10-point boldface type, in immediate proximity to the space reserved for the signature of the buyer, as follows: “You, the consumer, may cancel this contract at any time before midnight on the fifth working day after you sign it. See the attached notice of cancellation form for an explanation of this right.” (2) The terms and conditions of payment, including the total of all payments to be made by the consumer, whether to the credit services organization or to some other person. (3) A full and detailed description of the services to be performed by the credit services organization for the consumer, including a list of the information appearing on the consumer’s credit report that the credit services organization will seek a reasonable reinvestigation of, as described in Title 15 of Section 1681i of the United States Code, all guarantees and all promises of full or partial refunds, and the estimated length of time for performing the services, not to exceed 180 days, or a shorter period consistent with the purposes of this title as may be prescribed by the Department of Justice. (4) The credit services organization’s principal business address and the name and address of its agent, other than the Secretary of State, in the State of California, authorized to receive service of process. (b) The contract shall be accompanied by a completed form in duplicate, captioned “Notice of Cancellation,” which shall be attached to the contract and easily detachable, and which shall contain in type of at least 10-point the following statement written in the same language as used in the contract: ## “Notice of Cancellation” “You may cancel this contract, without any penalty or obligation, before midnight on the fifth working day after you sign it. “If you cancel, any payment made by you under this contract must be returned within 15 days following receipt by the seller of your cancellation notice. “To cancel this contract, mail or deliver a signed and dated copy of this cancellation notice, or any other written notice, to _____ (name of seller) _____ at _____ (address of seller)(place of business) _____ not later than midnight (date). “I hereby cancel this transaction.” (date) _____ (purchaser’s signature) _____ A copy of the fully completed contract and all other documents the credit services organization requires the buyer to sign shall be given to the consumer at the time they are signed. (Amended by Stats. 2022, Ch. 965, Sec. 8. (AB 2424) Effective January 1, 2023.)
  18. 1789.17.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6E. CREDIT SERVICES [1789.10 - 1789.26] ( Title 1.6E added by Stats. 1984, Ch. 1177, Sec. 1. )

    Verify source ↗

    A seller’s breach of a contract under this title, or of an obligation arising from it, counts as a violation of the title.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6E. CREDIT SERVICES [1789.10 - 1789.26] ( Title 1.6E added by Stats. 1984, Ch. 1177, Sec. 1. ) ## 1789.17. The seller’s breach of a contract under this title or of any obligation arising therefrom shall constitute a violation of this title. (Added by Stats. 1984, Ch. 1177, Sec. 1.)
  19. 1789.18.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6E. CREDIT SERVICES [1789.10 - 1789.26] ( Title 1.6E added by Stats. 1984, Ch. 1177, Sec. 1. )

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    Credit services organizations may not do business in the state unless they first obtain a $100,000 surety bond.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6E. CREDIT SERVICES [1789.10 - 1789.26] ( Title 1.6E added by Stats. 1984, Ch. 1177, Sec. 1. ) ## 1789.18. No credit services organization shall conduct business in this state unless the credit services organization has first obtained a surety bond in the principal amount of one hundred thousand dollars ($100,000) issued by an admitted surety and the bond complies with all of the following: (a) The bond shall be in favor of the State of California for the benefit of any person who is damaged by any violation of this title. The bond shall also be in favor of any individual damaged by those practices. (b) Any person claiming against the bond for a violation of this title may maintain an action at law against the credit services organization and against the surety. The surety shall be liable only for actual damages and not the punitive damages permitted under Section 1789.21. The aggregate liability of the surety to all persons damaged by a credit services organization’s violation of this title shall in no event exceed the amount of the bond. (c) The bond shall be maintained for two years following the date on which the credit services organization ceases to conduct business in this state. A copy of the bond shall be filed with the Secretary of State. (Amended by Stats. 1992, Ch. 651, Sec. 7. Effective January 1, 1993.)
  20. 1789.19.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6E. CREDIT SERVICES [1789.10 - 1789.26] ( Title 1.6E added by Stats. 1984, Ch. 1177, Sec. 1. )

    Verify source ↗

    A consumer cannot waive the title’s protections, and a credit services organization cannot try to make a consumer do so. In any proceeding under this title, the person claiming an exemption or exception must prove it.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6E. CREDIT SERVICES [1789.10 - 1789.26] ( Title 1.6E added by Stats. 1984, Ch. 1177, Sec. 1. ) ## 1789.19. (a) Any waiver by a consumer of the provisions of this title shall be deemed contrary to public policy and shall be void and unenforceable. Any attempt by a credit services organization to have a consumer waive rights given by this title shall constitute a violation of this title. (b) In any proceeding involving this title, the burden of proving an exemption or an exception from a definition is upon the person claiming it. (Amended by Stats. 2022, Ch. 965, Sec. 9. (AB 2424) Effective January 1, 2023.)
  21. 1789.2.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6D. ELECTRONIC COMMERCE [1789 - 1789.9] ( Title 1.6D added by Stats. 1984, Ch. 638, Sec. 1. ) ## ARTICLE 1. General Provisions [1789 - 1789.9] ( Article 1 added by Stats. 1984, Ch. 638, Sec. 1. )

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    This section defines key terms used in the electronic commerce title.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6D. ELECTRONIC COMMERCE [1789 - 1789.9] ( Title 1.6D added by Stats. 1984, Ch. 638, Sec. 1. ) ## ARTICLE 1. General Provisions [1789 - 1789.9] ( Article 1 added by Stats. 1984, Ch. 638, Sec. 1. ) ## 1789.2. For the purposes of this title, the following terms have the meanings expressed in this section: (a) “Electronic commercial service” or “service” means an electronic shopping system to conduct the purchase of goods and services via a telecommunications network, but does not mean conventional voice-only telephone service, one-way television or radio broadcasting, an electronic fund transfer system, or a service provided through an electronic terminal located at a place of business where the sale of goods or services sold through that service otherwise occurs. (b) “Consumer” means a natural person who purchases goods or services using an electronic commercial service. (c) “Provider of service” means a person who contracts with consumers to provide an electronic commercial service. (d) “Goods or services” means tangible items or physical services provided to the consumer, or tickets or vouchers for such tangible items or physical services, but does not mean computerized data delivered to the consumer via a computer terminal or in printed form. (Amended by Stats. 1987, Ch. 49, Sec. 1. Effective June 17, 1987.)
  22. 1789.20.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6E. CREDIT SERVICES [1789.10 - 1789.26] ( Title 1.6E added by Stats. 1984, Ch. 1177, Sec. 1. )

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    Violations of this title are misdemeanors, and courts can enjoin them; specified public attorneys must or may bring enforcement actions, while private enforcement rights are preserved.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6E. CREDIT SERVICES [1789.10 - 1789.26] ( Title 1.6E added by Stats. 1984, Ch. 1177, Sec. 1. ) ## 1789.20. (a) Any person who violates any provision of this title is guilty of a misdemeanor. Any superior court of this state shall have jurisdiction in equity to restrain and enjoin the violation of any provision of this title. The duty to institute actions for violation of this title, including equity proceedings to restrain and enjoin such a violation, is hereby vested in the Attorney General, district attorneys, and city attorneys. The Attorney General, any district attorney, or any city attorney may prosecute misdemeanor actions or institute equity proceedings, or both. This section shall not be deemed to prohibit the enforcement by any person of any right provided by this or any other law. (b) The misdemeanor provision of this section does not apply to a seller’s breach of a contract subject to this title. (Added by Stats. 1984, Ch. 1177, Sec. 1.)
  23. 1789.21.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6E. CREDIT SERVICES [1789.10 - 1789.26] ( Title 1.6E added by Stats. 1984, Ch. 1177, Sec. 1. )

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    This section lets injured consumers and other persons sue for damages, injunctions, and related fees for violations of the title.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6E. CREDIT SERVICES [1789.10 - 1789.26] ( Title 1.6E added by Stats. 1984, Ch. 1177, Sec. 1. ) ## 1789.21. (a) Any consumer injured by a violation of this title or by the credit services organization’s breach of a contract subject to this title may bring any action for recovery of damages, or for injunctive relief, or both. Judgment shall be entered for actual damages, but in no case less than the amount paid by the consumer to the credit services organization, plus reasonable attorney’s fees and costs. An award, if the trial court deems it proper, may be entered for punitive damages. (b) Any person, including, but not limited to, a consumer credit reporting agency, as defined in subdivision (d) of Section 1785.3, and any consumer of, or user of, a consumer credit report under the Consumer Credit Reporting Agencies Act (Title 1.6 (commencing with Section 1785.1)), and any furnisher of credit information under the Consumer Credit Reporting Agencies Act, may bring an action for the recovery of damages or for injunctive relief, or both, for a violation of this title. Any person bringing such an action who prevails in the action shall be entitled to reasonable attorney’s fees and costs. (Amended by Stats. 2022, Ch. 965, Sec. 10. (AB 2424) Effective January 1, 2023.)
  24. 1789.22.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6E. CREDIT SERVICES [1789.10 - 1789.26] ( Title 1.6E added by Stats. 1984, Ch. 1177, Sec. 1. )

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    This section says the title is not the only law that applies, and parties or contracts covered by it still must follow other applicable laws.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6E. CREDIT SERVICES [1789.10 - 1789.26] ( Title 1.6E added by Stats. 1984, Ch. 1177, Sec. 1. ) ## 1789.22. The provisions of this title are not exclusive and do not relieve the parties or the contracts subject thereto from compliance with any other applicable provision of law. The remedies provided in this title for violation of any section of this title shall be in addition to any other procedures or remedies for any violation or conduct provided for in any other law. (Added by Stats. 1984, Ch. 1177, Sec. 1.)
  25. 1789.23.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6E. CREDIT SERVICES [1789.10 - 1789.26] ( Title 1.6E added by Stats. 1984, Ch. 1177, Sec. 1. )

    Verify source ↗

    If part of this title is invalid, the rest still applies.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6E. CREDIT SERVICES [1789.10 - 1789.26] ( Title 1.6E added by Stats. 1984, Ch. 1177, Sec. 1. ) ## 1789.23. If any provision of this title or if any application thereof to any person or circumstance is held invalid, the remainder of the title and the application of the provision to other persons and circumstances shall not be affected thereby. (Added by Stats. 1984, Ch. 1177, Sec. 1.)
  26. 1789.24.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6E. CREDIT SERVICES [1789.10 - 1789.26] ( Title 1.6E added by Stats. 1984, Ch. 1177, Sec. 1. )

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    This section sets how claims against a cash deposit are proved, approved, paid, and retained by the Secretary of State.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6E. CREDIT SERVICES [1789.10 - 1789.26] ( Title 1.6E added by Stats. 1984, Ch. 1177, Sec. 1. ) ## 1789.24. (a) When a deposit has been made in lieu of a bond pursuant to Section 995.710 of the Code of Civil Procedure, the person asserting a claim against the deposit shall, in lieu of proceeding under Section 996.430 of the Code of Civil Procedure, establish the claim by furnishing evidence to the Secretary of State of a money judgment entered by a court, together with evidence that the claimant is a person described in subdivision (b) of Section 1789.18. (b) When a person has established the claim with the Secretary of State, the Secretary of State shall review and approve the claim and enter the date of approval thereon. The claim shall be designated an “approved claim.” (c) When the first claim against a particular deposit has been approved, it shall not be paid until the expiration of a period of 240 days after the date of its approval by the Secretary of State. Subsequent claims that are approved by the Secretary of State within the same 240-day period shall similarly not be paid until the expiration of the 240-day period. Upon the expiration of the 240-day period, the Secretary of State shall pay all approved claims from that 240-day period in full unless the deposit is insufficient, in which case each approved claim shall be paid a pro rata share of the deposit. (d) When the Secretary of State approves the first claim against a particular deposit after the expiration of a 240-day period, the date of approval of that claim shall begin a new 240-day period to which subdivision (c) shall apply with respect to any amount remaining in the deposit. (e) After a deposit is exhausted, no further claims shall be paid by the Secretary of State. Claimants who have had their claims paid in full or in part pursuant to subdivision (c) or (d) shall not be required to return funds received from the deposit for the benefit of other claimants. (f) When a deposit has been made in lieu of a bond, as specified in subdivision (a), the amount of the deposit shall not be subject to attachment, garnishment, or execution with respect to an action or judgment against the credit services organization, other than as to an amount as no longer needed or required for the purpose of this title which would otherwise be returned to the credit services organization by the Secretary of State. (g) The Secretary of State shall retain a cash deposit for two years from the date the Secretary of State receives written notification from the assignor of the deposit that the assignor has ceased to engage in the business of a credit services organization or has filed a bond pursuant to Section 1789.18, provided that there are no outstanding claims against the deposit. The written notice shall include all of the following: (1) name, address, and telephone number of the assignor; (2) name, address, and telephone number of the bank at which the deposit is located; (3) account number of the deposit; and (4) a statement whether the assignor is ceasing to engage in the business of a credit services organization or has filed a bond with the Secretary of State. The Secretary of State shall forward an acknowledgment of receipt of the written notice to the assignor at the address indicated therein, specifying the date of receipt of the written notice and anticipated date of release of the deposit. (h) This section shall apply to all deposits retained by the Secretary of State. (i) A judge of a superior court may order the return of the deposit prior to the expiration of two years upon evidence satisfactory to the judge that there are no outstanding claims against the deposit or order the Secretary of State to retain the deposit for a sufficient period beyond the two years specified in subdivision (g) to resolve outstanding claims against the deposit account. (Amended by Stats. 2002, Ch. 784, Sec. 13. Effective January 1, 2003.)
  27. 1789.25.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6E. CREDIT SERVICES [1789.10 - 1789.26] ( Title 1.6E added by Stats. 1984, Ch. 1177, Sec. 1. )

    Verify source ↗

    Credit services organizations must register with the Department of Justice before doing business in the state and keep registration information current.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6E. CREDIT SERVICES [1789.10 - 1789.26] ( Title 1.6E added by Stats. 1984, Ch. 1177, Sec. 1. ) ## 1789.25. (a) Every credit services organization shall file a registration application with, and receive a certificate of registration from, the Department of Justice before conducting business in this state. The Department of Justice shall not issue a certificate of registration until the bond required by Section 1789.18 has been filed with the Office of the Secretary of State and the department establishes that the organization seeking a certificate satisfies the requirements of subdivision (f). The application shall be accompanied by a registration fee of one hundred dollars ($100). The registration application shall contain all of the following information: (1) The name and address where business is actually conducted of the credit services organization. (2) The names, addresses, and driver’s license numbers of any and all persons who directly or indirectly own or control 10 percent or more of the outstanding shares of stock in the credit services organization. (3) Either of the following: (A) A full and complete disclosure of any litigation commenced against the credit services organization or any resolved or unresolved complaint that relates to the operation of the credit services organization and that is filed with the Attorney General, or any other governmental authority of this state, any other state, or the federal government. With respect to each resolved complaint identified by the disclosure, the disclosure shall include a brief description of the resolution. (B) An acknowledged declaration, under penalty of perjury, stating that no litigation has been commenced and no unresolved complaint relating to the operation of the organization has been filed with the Attorney General, or any other governmental authority of this state, any other state, or the federal government. (4) Other information that the Department of Justice requires, either at the time of application or thereafter. (b) The Department of Justice may conduct an investigation to verify the accuracy of the registration application. If the application involves investigation outside this state, the applicant credit services organization may be required by the Department of Justice to advance sufficient funds to pay the actual expenses of the investigation. Any nonresident applying for registration under this section shall designate and maintain a resident of this state as the applicant’s agent for the purpose of receipt of service of process. (c) Each credit services organization shall notify the Department of Justice in writing within 30 days after the date of a change in the information required by subdivision (a), except that 30 days’ advance notice and approval by the Department of Justice shall be required before changing the corporate name or address, or persons owning more than 10 percent of the shares of stock in the organization. Each credit services organization registering under this section may use no more than one fictitious or trade name and shall maintain a copy of the registration application in its files. The organization shall allow a buyer to inspect the registration application upon request. (d) A certificate of registration issued pursuant to this section shall expire one year after it was issued, but may be renewed by filing a renewal application accompanied by a fee in an amount to be determined annually by the Department of Justice as is reasonable and necessary to satisfy its costs in complying with its duties under this title to regulate credit services organizations. The Department of Justice may, periodically, increase the fee, but the amount of the fee shall not exceed that which is reasonable and necessary to satisfy its costs in complying with its duties under this title to regulate credit services organizations. (e) The credit services organization shall attach to the registration statement a copy of the contract or contracts which the credit services organization intends to execute with its customers and a copy of the required bond. (f) The Department of Justice shall not issue a certificate of registration under this title to any person who has engaged in, or proposes to engage in, any activity that is in violation of Section 1789.13, any law prohibiting the use of untrue or misleading statements, or any law related to the extension of credit to persons for personal, family, or household purposes. (g) The Department of Justice shall maintain on a publicly available internet website a list of the credit services organizations that are registered in this state. (Amended by Stats. 2022, Ch. 965, Sec. 11. (AB 2424) Effective January 1, 2023.)
  28. 1789.26.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6E. CREDIT SERVICES [1789.10 - 1789.26] ( Title 1.6E added by Stats. 1984, Ch. 1177, Sec. 1. )

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    The Secretary of State must enforce the title’s bond-filing and bond-maintenance rules and must charge a filing fee capped at the cost of filing the bond or deposit in lieu of bond.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6E. CREDIT SERVICES [1789.10 - 1789.26] ( Title 1.6E added by Stats. 1984, Ch. 1177, Sec. 1. ) ## 1789.26. (a) The Secretary of State shall enforce the provisions of this title that govern the filing and maintenance of bonds and deposits in lieu of bonds. (b) The Secretary of State shall charge and collect a filing fee not to exceed the cost of filing the bond or the deposit in lieu of a bond pursuant to Section 995.710 of the Code of Civil Procedure. (Added by Stats. 1996, Ch. 633, Sec. 5. Effective January 1, 1997.)
  29. 1789.3.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6D. ELECTRONIC COMMERCE [1789 - 1789.9] ( Title 1.6D added by Stats. 1984, Ch. 638, Sec. 1. ) ## ARTICLE 1. General Provisions [1789 - 1789.9] ( Article 1 added by Stats. 1984, Ch. 638, Sec. 1. )

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    An electronic commercial service provider must give contracting consumers specified service information when the contract is made and every year by June 30.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6D. ELECTRONIC COMMERCE [1789 - 1789.9] ( Title 1.6D added by Stats. 1984, Ch. 638, Sec. 1. ) ## ARTICLE 1. General Provisions [1789 - 1789.9] ( Article 1 added by Stats. 1984, Ch. 638, Sec. 1. ) ## 1789.3. The provider of an electronic commercial service shall provide to consumers with which it contracts to provide the service, at the time it contracts to provide the service and annually, on or before June 30 of each year thereafter, all of the following information: (a) The name, address, and telephone number of the provider of service. (b) Any charges to the consumer imposed by the provider for the use of the service. (c) The procedures a consumer may follow in order to resolve a complaint regarding the service or to receive further information regarding use of the service, including the telephone number and address of the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs. (Amended by Stats. 1986, Ch. 508, Sec. 1.)
  30. 1789.30.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6F. CHECK CASHERS [1789.30 - 1789.38] ( Title 1.6F added by Stats. 1990, Ch. 1391, Sec. 1. )

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    Check cashers must post detailed fee information and acceptable identification lists, and the posted information must be clear, legible, and visible to the public.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6F. CHECK CASHERS [1789.30 - 1789.38] ( Title 1.6F added by Stats. 1990, Ch. 1391, Sec. 1. ) ## 1789.30. (a) (1) Every check casher, as applicable to the services provided, shall post a complete, detailed, and unambiguous schedule of all fees for (A) cashing checks, drafts, money orders, or other commercial paper serving the same purpose, (B) the sale or issuance of money orders, and (C) the initial issuance of any identification card. Each check casher shall also post a list of valid identification which is acceptable in lieu of identification provided by the check casher. The information required by this section shall be clear, legible, and in letters not less than one-half inch in height. The information shall be posted in a conspicuous location in the unobstructed view of the public within the check casher’s premises. (2) A check casher may be required to file a return required by Section 18631.7 of the Revenue and Taxation Code. (b) (1) Except as provided in paragraph (2), this section shall become operative December 31, 2004. (2) (A) Except as provided in subparagraph (B), paragraph (2) of subdivision (a) shall apply to checks cashed on or after January 1, 2006. (B) The amendments to this section made by the act adding this subparagraph shall become operative on January 1, 2008. (Amended by Stats. 2007, Ch. 341, Sec. 1. Effective January 1, 2008.)
  31. 1789.31.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6F. CHECK CASHERS [1789.30 - 1789.38] ( Title 1.6F added by Stats. 1990, Ch. 1391, Sec. 1. )

    Verify source ↗

    This section defines “check casher” and sets an operative date of December 31, 2004.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6F. CHECK CASHERS [1789.30 - 1789.38] ( Title 1.6F added by Stats. 1990, Ch. 1391, Sec. 1. ) ## 1789.31. (a) As used in this title, a “check casher” means a person or entity that for compensation engages, in whole or in part, in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. “Check casher” does not include a state or federally chartered bank, savings association, credit union, or industrial loan company. “Check casher” also does not include a retail seller engaged primarily in the business of selling consumer goods, including consumables, to retail buyers that cashes checks or issues money orders for a fee not exceeding two dollars ($2) as a service to its customers that is incidental to its main purpose or business. (b) This section shall become operative December 31, 2004. (Amended (as added by Stats. 2002, Ch. 777, Sec. 3) by Stats. 2004, Ch. 17, Sec. 4. Effective February 23, 2004. Section operative December 31, 2004, by its own provisions, or sooner as authorized by Sec. 20 of Ch. 17.)
  32. 1789.32.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6F. CHECK CASHERS [1789.30 - 1789.38] ( Title 1.6F added by Stats. 1990, Ch. 1391, Sec. 1. )

    Verify source ↗

    Failing to post required information, or charging fees or requiring identification contrary to the posted information, is an unfair business practice.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6F. CHECK CASHERS [1789.30 - 1789.38] ( Title 1.6F added by Stats. 1990, Ch. 1391, Sec. 1. ) ## 1789.32. Failure to post information as required by this title, or the imposition of fees or identification requirements contrary to the information posted, shall constitute an unfair business practice within the meaning of Section 17200 of the Business and Professions Code. (Added by Stats. 1990, Ch. 1391, Sec. 1.)
  33. 1789.35.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6F. CHECK CASHERS [1789.30 - 1789.38] ( Title 1.6F added by Stats. 1990, Ch. 1391, Sec. 1. )

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    Check cashers are capped on certain fees, must give customers a receipt, and face civil and criminal consequences for violations.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6F. CHECK CASHERS [1789.30 - 1789.38] ( Title 1.6F added by Stats. 1990, Ch. 1391, Sec. 1. ) ## 1789.35. (a) A check casher shall not charge a fee for cashing a payroll check or government check in excess of 3 percent if identification is provided by the customer, or 3.5 percent without the provision of identification, of the face amount of the check, or three dollars ($3), whichever is greater. Identification, for purposes of this section, is limited to a California driver’s license, a California identification card, or a valid United States military identification card. (b) A check casher may charge a fee of no more than ten dollars ($10) to set up an initial account and issue an optional identification card for providing check cashing services. A replacement optional identification card may be issued at a cost not to exceed five dollars ($5). (c) A check casher shall provide a receipt to the customer for each transaction. (d) A check casher may charge a fee for cashing a personal check, as posted pursuant to Section 1789.30, for immediate deposit in an amount not to exceed 12 percent of the face value of the check. (e) Any person who violates any provision of this section shall be liable for a civil penalty not to exceed two thousand dollars ($2,000) for each violation, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General in any court of competent jurisdiction. Any action brought pursuant to this subdivision shall be commenced within four years of the date on which the act or transaction upon which the action is based occurred. (f) A willful violation of this section is a misdemeanor. (g) Any person who is injured by any violation of this section may bring an action for the recovery of damages, an equity proceeding to restrain and enjoin those violations, or both. The amount awarded may be up to three times the damages actually incurred, but in no event less than the amount paid by the aggrieved consumer to a person subject to this section. If the plaintiff prevails, the plaintiff shall be awarded reasonable attorney’s fees and costs. If a court determines by clear and convincing evidence that a breach or violation was willful, the court, in its discretion, may award punitive damages in addition to the amounts set forth above. (h) This section shall become operative December 31, 2004. (Amended (as amended by Stats. 2004, Ch. 17, Sec. 7) by Stats. 2004, Ch. 28, Sec. 2. Effective April 1, 2004. Section operative December 31, 2004, by its own provisions, or sooner as authorized by Sec. 3 of Ch. 28.)
  34. 1789.37.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6F. CHECK CASHERS [1789.30 - 1789.38] ( Title 1.6F added by Stats. 1990, Ch. 1391, Sec. 1. )

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    Owners of check casher businesses must get a Department of Justice permit, and applicants must file written applications, be fingerprinted, and pay required fees.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6F. CHECK CASHERS [1789.30 - 1789.38] ( Title 1.6F added by Stats. 1990, Ch. 1391, Sec. 1. ) ## 1789.37. (a) Every owner of a check casher’s business shall obtain a permit from the Department of Justice to conduct a check casher’s business. (b) All applications for a permit to conduct a check casher’s business shall be filed with the department in writing, signed by the applicant, if an individual, or by a member or officer authorized to sign, if the applicant is a corporation or other entity, and shall state the name of the business, the type of business engaged in, and the business address. Each applicant shall be fingerprinted. (c) Each applicant for a permit to conduct a check casher’s business shall pay a fee not to exceed the cost of processing the application, fingerprinting the applicant, and checking or obtaining the criminal record of the applicant, at the time of filing the application. (d) Each applicant shall annually, beginning one year from the date of issuance of a check casher’s permit, file an application for renewal of the permit with the department, along with payment of a renewal fee not to exceed the cost of processing the application for renewal and checking or obtaining the criminal record of the applicant. (e) The department shall deny an application for a permit to conduct a check casher’s business, or for renewal of a permit, if the applicant has a felony conviction involving dishonesty, fraud, or deceit, if the crime is substantially related to the qualifications, functions, or duties of a person engaged in the business of check cashing. (f) The department shall adopt regulations to implement this section and shall determine the amount of the application fees required by this section. The department shall prescribe forms for the applications and permit required by this section, which shall be uniform throughout the state. (g) In any action brought by a city attorney or district attorney to enforce a violation of this section, an owner of a check casher’s business who engages in the business of check cashing without holding a current and valid permit issued by the department pursuant to this section is subject to a civil penalty, as follows: (1) For the first offense, not more than one thousand dollars ($1,000). (2) For the second offense, not more than five thousand dollars ($5,000). (h) Any person who has twice been found in violation of subdivision (g) and who, within 10 years of the date of the first offense, engages in the business of check cashing without holding a current and valid permit issued by the department pursuant to this section is guilty of a misdemeanor punishable by imprisonment in a county jail not exceeding six months, or by a fine not exceeding five thousand dollars ($5,000), or by both that fine and imprisonment. (i) All civil penalties, forfeited bail, or fines received by any court pursuant to this section shall, as soon as practicable after the receipt thereof, be deposited with the county treasurer of the county in which the court is situated. Fines and forfeitures deposited shall be disbursed pursuant to the Penal Code. Civil penalties deposited shall be paid at least once a month as follows: (1) Fifty percent to the Treasurer by warrant of the county auditor drawn upon the requisition of the clerk or judge of the court, to be deposited in the State Treasury on order of the Controller. (2) Fifty percent to the city treasurer of the city, if the offense occurred in a city, otherwise to the treasurer of the county in which the prosecution is conducted. Any money deposited in the State Treasury under this section that is determined by the Controller to have been erroneously deposited shall be refunded out of any money in the State Treasury that is available by law for that purpose. (j) This section shall become operative December 31, 2004. (Amended by Stats. 2016, Ch. 31, Sec. 9. (SB 836) Effective June 27, 2016.)
  35. 1789.38.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6F. CHECK CASHERS [1789.30 - 1789.38] ( Title 1.6F added by Stats. 1990, Ch. 1391, Sec. 1. )

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    A waiver of this title’s provisions is against public policy and has no legal effect.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6F. CHECK CASHERS [1789.30 - 1789.38] ( Title 1.6F added by Stats. 1990, Ch. 1391, Sec. 1. ) ## 1789.38. Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable. (Added by Stats. 2002, Ch. 815, Sec. 14. Effective January 1, 2003.)
  36. 1789.5.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6D. ELECTRONIC COMMERCE [1789 - 1789.9] ( Title 1.6D added by Stats. 1984, Ch. 638, Sec. 1. ) ## ARTICLE 1. General Provisions [1789 - 1789.9] ( Article 1 added by Stats. 1984, Ch. 638, Sec. 1. )

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    A provider that knowingly and willfully violates this title can be hit with a civil penalty of up to $5,000.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6D. ELECTRONIC COMMERCE [1789 - 1789.9] ( Title 1.6D added by Stats. 1984, Ch. 638, Sec. 1. ) ## ARTICLE 1. General Provisions [1789 - 1789.9] ( Article 1 added by Stats. 1984, Ch. 638, Sec. 1. ) ## 1789.5. (a) Any provider who knowingly and willfully violates any provision of this title is liable for a civil penalty not to exceed five thousand dollars ($5,000) which may be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General, by any district attorney or city attorney, or by a city prosecutor in any city or city and county having a full-time city prosecutor, in any court of competent jurisdiction. (b) If the action is brought by the Attorney General, one-half of the penalty collected shall be paid to the treasurer of the county in which the judgment was entered, and one-half to the General Fund. If the action is brought by a district attorney, the penalty collected shall be paid to the treasurer of the county in which the judgment was entered. If the action is brought by a city attorney or city prosecutor, one-half of the penalty shall be paid to the treasurer of the city in which the judgment was entered, and one-half to the treasurer of the county in which the judgment was entered. (Added by Stats. 1984, Ch. 638, Sec. 1.)
  37. 1789.6.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6D. ELECTRONIC COMMERCE [1789 - 1789.9] ( Title 1.6D added by Stats. 1984, Ch. 638, Sec. 1. ) ## ARTICLE 1. General Provisions [1789 - 1789.9] ( Article 1 added by Stats. 1984, Ch. 638, Sec. 1. )

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    This section says the title does not limit a service provider’s liability to a consumer for errors or omissions from operating an electronic commercial service.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6D. ELECTRONIC COMMERCE [1789 - 1789.9] ( Title 1.6D added by Stats. 1984, Ch. 638, Sec. 1. ) ## ARTICLE 1. General Provisions [1789 - 1789.9] ( Article 1 added by Stats. 1984, Ch. 638, Sec. 1. ) ## 1789.6. Nothing in this title shall be construed to limit the liability of a provider of service to a consumer for errors or omissions arising from the operation of an electronic commercial service. (Added by Stats. 1984, Ch. 638, Sec. 1.)
  38. 1789.7.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6D. ELECTRONIC COMMERCE [1789 - 1789.9] ( Title 1.6D added by Stats. 1984, Ch. 638, Sec. 1. ) ## ARTICLE 1. General Provisions [1789 - 1789.9] ( Article 1 added by Stats. 1984, Ch. 638, Sec. 1. )

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    This section says the electronic commerce title does not apply when it would conflict with federal law, and it also excludes certain credit card and electronic fund transfer matters tied to purchases through an electronic commercial service.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6D. ELECTRONIC COMMERCE [1789 - 1789.9] ( Title 1.6D added by Stats. 1984, Ch. 638, Sec. 1. ) ## ARTICLE 1. General Provisions [1789 - 1789.9] ( Article 1 added by Stats. 1984, Ch. 638, Sec. 1. ) ## 1789.7. (a) This title does not apply where it is inconsistent with, or infringes upon, federal law or regulation. (b) This title does not apply to the rights and obligations of a cardholder and a card issuer with respect to the use of a credit card arising from the purchase of goods or services conducted through an electronic commercial service. For the purpose of this subdivision, “cardholder,” “card issuer,” and “credit card” have the same meaning as those terms are given in the federal Fair Credit Billing Act (15 U.S.C. Sec. 1601 et seq.) and regulations adopted thereunder, or, if applicable, the Song-Beverly Credit Card Act of 1971 (Title 1.3 (commencing with Section 1747)). (c) This title does not apply to the rights and obligations of a consumer and a financial institution with respect to any electronic fund transfer arising from purchase of goods or services conducted through an electronic commercial service. For the purposes of this subdivision, “consumer,” “financial institution,” and “electronic fund transfer” have the same meaning as those terms are given in the Electronic Fund Transfer Act (15 U.S.C. Sec. 1601 et seq.) and regulations adopted thereunder. (Added by Stats. 1984, Ch. 638, Sec. 1.)
  39. 1789.8.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6D. ELECTRONIC COMMERCE [1789 - 1789.9] ( Title 1.6D added by Stats. 1984, Ch. 638, Sec. 1. ) ## ARTICLE 1. General Provisions [1789 - 1789.9] ( Article 1 added by Stats. 1984, Ch. 638, Sec. 1. )

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    This title applies to transactions entered into on or after July 1, 1985.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6D. ELECTRONIC COMMERCE [1789 - 1789.9] ( Title 1.6D added by Stats. 1984, Ch. 638, Sec. 1. ) ## ARTICLE 1. General Provisions [1789 - 1789.9] ( Article 1 added by Stats. 1984, Ch. 638, Sec. 1. ) ## 1789.8. This title applies to transactions entered into on or after July 1, 1985. (Added by Stats. 1984, Ch. 638, Sec. 1.)
  40. 1789.9.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6D. ELECTRONIC COMMERCE [1789 - 1789.9] ( Title 1.6D added by Stats. 1984, Ch. 638, Sec. 1. ) ## ARTICLE 1. General Provisions [1789 - 1789.9] ( Article 1 added by Stats. 1984, Ch. 638, Sec. 1. )

    Verify source ↗

    Any waiver of the title’s provisions is void and unenforceable.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.6D. ELECTRONIC COMMERCE [1789 - 1789.9] ( Title 1.6D added by Stats. 1984, Ch. 638, Sec. 1. ) ## ARTICLE 1. General Provisions [1789 - 1789.9] ( Article 1 added by Stats. 1984, Ch. 638, Sec. 1. ) ## 1789.9. Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable. (Added by Stats. 2002, Ch. 815, Sec. 13. Effective January 1, 2003.)
  41. 1790.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 1. General Provisions [1790 - 1790.4] ( Article 1 added by Stats. 1970, Ch. 1333. )

    Verify source ↗

    This chapter may be cited as the “Song-Beverly Consumer Warranty Act.”

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 1. General Provisions [1790 - 1790.4] ( Article 1 added by Stats. 1970, Ch. 1333. ) ## 1790. This chapter may be cited as the “Song-Beverly Consumer Warranty Act.” (Added by Stats. 1970, Ch. 1333.)
  42. 1790.1.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 1. General Provisions [1790 - 1790.4] ( Article 1 added by Stats. 1970, Ch. 1333. )

    Verify source ↗

    A buyer of consumer goods generally cannot waive the chapter’s provisions unless the chapter expressly allows it.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 1. General Provisions [1790 - 1790.4] ( Article 1 added by Stats. 1970, Ch. 1333. ) ## 1790.1. Any waiver by the buyer of consumer goods of the provisions of this chapter, except as expressly provided in this chapter, shall be deemed contrary to public policy and shall be unenforceable and void. (Added by Stats. 1970, Ch. 1333.)
  43. 1790.2.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 1. General Provisions [1790 - 1790.4] ( Article 1 added by Stats. 1970, Ch. 1333. )

    Verify source ↗

    If part of this chapter is held unconstitutional, the rest of the chapter remains in effect if it can work without the invalid part.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 1. General Provisions [1790 - 1790.4] ( Article 1 added by Stats. 1970, Ch. 1333. ) ## 1790.2. If any provision of this chapter or the application thereof to any person or circumstance is held unconstitutional, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. (Added by Stats. 1970, Ch. 1333.)
  44. 1790.3.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 1. General Provisions [1790 - 1790.4] ( Article 1 added by Stats. 1970, Ch. 1333. )

    Verify source ↗

    This chapter generally does not change rights and obligations determined by the Commercial Code, but it overrides the Commercial Code if there is a conflict with consumer-goods rights guaranteed by this chapter.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 1. General Provisions [1790 - 1790.4] ( Article 1 added by Stats. 1970, Ch. 1333. ) ## 1790.3. The provisions of this chapter shall not affect the rights and obligations of parties determined by reference to the Commercial Code except that, where the provisions of the Commercial Code conflict with the rights guaranteed to buyers of consumer goods under the provisions of this chapter, the provisions of this chapter shall prevail. (Added by Stats. 1970, Ch. 1333.)
  45. 1790.4.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 1. General Provisions [1790 - 1790.4] ( Article 1 added by Stats. 1970, Ch. 1333. )

    Verify source ↗

    This section says the chapter’s remedies are cumulative and do not limit other available remedies.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 1. General Provisions [1790 - 1790.4] ( Article 1 added by Stats. 1970, Ch. 1333. ) ## 1790.4. The remedies provided by this chapter are cumulative and shall not be construed as restricting any remedy that is otherwise available, and, in particular, shall not be construed to supplant the provisions of the Unfair Practices Act. (Amended by Stats. 1976, Ch. 416.)
  46. 1791.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 2. Definitions [1791 - 1791.3] ( Article 2 added by Stats. 1970, Ch. 1333. )

    Verify source ↗

    This section defines terms used in the consumer warranties chapter, including consumer goods, buyer, seller, lease, service contract, assistive device, and several related product categories.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 2. Definitions [1791 - 1791.3] ( Article 2 added by Stats. 1970, Ch. 1333. ) ## 1791. As used in this chapter: (a) “Consumer goods” means any new product or part thereof that is used, bought, or leased for use primarily for personal, family, or household purposes, except for clothing and consumables. “Consumer goods” shall include new and used assistive devices sold at retail. (b) “Buyer” or “retail buyer” means any individual who buys consumer goods from a person engaged in the business of manufacturing, distributing, or selling consumer goods at retail. As used in this subdivision, “person” means any individual, partnership, corporation, limited liability company, association, or other legal entity that engages in any of these businesses. (c) “Clothing” means any wearing apparel, worn for any purpose, including under and outer garments, shoes, and accessories composed primarily of woven material, natural or synthetic yarn, fiber, or leather or similar fabric. (d) “Consumables” means any product that is intended for consumption by individuals, or use by individuals for purposes of personal care or in the performance of services ordinarily rendered within the household, and that usually is consumed or expended in the course of consumption or use. (e) “Distributor” means any individual, partnership, corporation, association, or other legal relationship that stands between the manufacturer and the retail seller in purchases, consignments, or contracts for sale of consumer goods. (f) “Independent repair or service facility” or “independent service dealer” means any individual, partnership, corporation, association, or other legal entity, not an employee or subsidiary of a manufacturer or distributor, that engages in the business of servicing and repairing consumer goods. (g) “Lease” means any contract for the lease or bailment for the use of consumer goods by an individual, for a term exceeding four months, primarily for personal, family, or household purposes, whether or not it is agreed that the lessee bears the risk of the consumer goods’ depreciation. (h) “Lessee” means an individual who leases consumer goods under a lease. (i) “Lessor” means a person who regularly leases consumer goods under a lease. (j) “Manufacturer” means any individual, partnership, corporation, association, or other legal relationship that manufactures, assembles, or produces consumer goods. (k) “Place of business” means, for the purposes of any retail seller that sells consumer goods by catalog or mail order, the distribution point for consumer goods. (l) “Retail seller,” “seller,” or “retailer” means any individual, partnership, corporation, association, or other legal relationship that engages in the business of selling or leasing consumer goods to retail buyers. (m) “Return to the retail seller” means, for the purposes of any retail seller that sells consumer goods by catalog or mail order, the retail seller’s place of business, as defined in subdivision (k). (n) “Sale” means either of the following: (1) The passing of title from the seller to the buyer for a price. (2) A consignment for sale. (o) “Service contract” means a contract in writing to perform, over a fixed period of time or for a specified duration, services relating to the maintenance or repair of a consumer product, except that this term does not include a policy of automobile insurance, as defined in Section 116 of the Insurance Code. (p) “Assistive device” means any instrument, apparatus, or contrivance, including any component or part thereof or accessory thereto, that is used or intended to be used, to assist an individual with a disability in the mitigation or treatment of an injury or disease or to assist or affect or replace the structure or any function of the body of an individual with a disability, except that this term does not include prescriptive lenses and other ophthalmic goods unless they are sold or dispensed to a blind person, as defined in Section 19153 of the Welfare and Institutions Code and unless they are intended to assist the limited vision of the person so disabled. (q) “Catalog or similar sale” means a sale in which neither the seller nor any employee or agent of the seller nor any person related to the seller nor any person with a financial interest in the sale participates in the diagnosis of the buyer’s condition or in the selection or fitting of the device. (r) “Home appliance” means any refrigerator, freezer, range, microwave oven, washer, dryer, dishwasher, garbage disposal, trash compactor, or room air-conditioner normally used or sold for personal, family, or household purposes. (s) “Home electronic product” means any television, radio, antenna rotator, audio or video recorder or playback equipment, video camera, video game, video monitor, computer equipment, telephone, telecommunications equipment, electronic alarm system, electronic appliance control system, or other kind of electronic product, if it is normally used or sold for personal, family, or household purposes. The term includes any electronic accessory that is normally used or sold with a home electronic product for one of those purposes. The term excludes any single product with a wholesale price to the retail seller of less than fifty dollars ($50). (t) “Member of the Armed Forces” means a person on full-time active duty in the Army, Navy, Marine Corps, Air Force, National Guard, Space Force, or Coast Guard. Full-time active duty shall also include active military service at a military service school designated by law or the Adjutant General of the Military Department concerned. (u) “Clear and conspicuous” and “clearly and conspicuously” means a larger type than the surrounding text, or in a contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks, in a manner that clearly calls attention to the language. For an audio disclosure, “clear and conspicuous” and “clearly and conspicuously” means in a volume and cadence sufficient to be readily audible and understandable. (v) “Motor home” has the same meaning as defined in Section 1793.22. (w) “Mobilehome” means a vehicle as defined in Section 18008 of the Health and Safety Code. (x) “Travel trailer” means a vehicular unit without motive power that is designed to be towed or carried by a motor vehicle. “Travel trailer” does not include a mobilehome. (Amended by Stats. 2024, Ch. 196, Sec. 1. (AB 1849) Effective January 1, 2025.)
  47. 1791.1.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 2. Definitions [1791 - 1791.3] ( Article 2 added by Stats. 1970, Ch. 1333. )

    Verify source ↗

    This section defines implied warranties for consumer goods and sets their duration and related buyer remedies.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 2. Definitions [1791 - 1791.3] ( Article 2 added by Stats. 1970, Ch. 1333. ) ## 1791.1. As used in this chapter: (a) “Implied warranty of merchantability” or “implied warranty that goods are merchantable” means that the consumer goods meet each of the following: (1) Pass without objection in the trade under the contract description. (2) Are fit for the ordinary purposes for which such goods are used. (3) Are adequately contained, packaged, and labeled. (4) Conform to the promises or affirmations of fact made on the container or label. (b) “Implied warranty of fitness” means (1) that when the retailer, distributor, or manufacturer has reason to know any particular purpose for which the consumer goods are required, and further, that the buyer is relying on the skill and judgment of the seller to select and furnish suitable goods, then there is an implied warranty that the goods shall be fit for such purpose and (2) that when there is a sale of an assistive device sold at retail in this state, then there is an implied warranty by the retailer that the device is specifically fit for the particular needs of the buyer. (c) The duration of the implied warranty of merchantability and where present the implied warranty of fitness shall be coextensive in duration with an express warranty which accompanies the consumer goods, provided the duration of the express warranty is reasonable; but in no event shall such implied warranty have a duration of less than 60 days nor more than one year following the sale of new consumer goods to a retail buyer. Where no duration for an express warranty is stated with respect to consumer goods, or parts thereof, the duration of the implied warranty shall be the maximum period prescribed above. (d) Any buyer of consumer goods injured by a breach of the implied warranty of merchantability and where applicable by a breach of the implied warranty of fitness has the remedies provided in Chapter 6 (commencing with Section 2601) and Chapter 7 (commencing with Section 2701) of Division 2 of the Commercial Code, and, in any action brought under such provisions, Section 1794 of this chapter shall apply. (Amended by Stats. 1979, Ch. 1023.)
  48. 1791.2.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 2. Definitions [1791 - 1791.3] ( Article 2 added by Stats. 1970, Ch. 1333. )

    Verify source ↗

    This section defines “express warranty” and says certain statements do not create one.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 2. Definitions [1791 - 1791.3] ( Article 2 added by Stats. 1970, Ch. 1333. ) ## 1791.2. (a) “Express warranty” means: (1) A written statement arising out of a sale to the consumer of a consumer good pursuant to which the manufacturer, distributor, or retailer undertakes to preserve or maintain the utility or performance of the consumer good or provide compensation if there is a failure in utility or performance; or (2) In the event of any sample or model, that the whole of the goods conforms to such sample or model. (b) It is not necessary to the creation of an express warranty that formal words such as “warrant” or “guarantee” be used, but if such words are used then an express warranty is created. An affirmation merely of the value of the goods or a statement purporting to be merely an opinion or commendation of the goods does not create a warranty. (c) Statements or representations such as expressions of general policy concerning customer satisfaction which are not subject to any limitation do not create an express warranty. (Amended by Stats. 1978, Ch. 991.)
  49. 1791.3.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 2. Definitions [1791 - 1791.3] ( Article 2 added by Stats. 1970, Ch. 1333. )

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    This section defines “as is” and “with all faults” sales as sales where the manufacturer, distributor, and retailer disclaim implied warranties under this chapter.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 2. Definitions [1791 - 1791.3] ( Article 2 added by Stats. 1970, Ch. 1333. ) ## 1791.3. As used in this chapter, a sale “as is” or “with all faults” means that the manufacturer, distributor, and retailer disclaim all implied warranties that would otherwise attach to the sale of consumer goods under the provisions of this chapter. (Added by Stats. 1970, Ch. 1333.)
  50. 1792.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. )

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    Retail sales of consumer goods in this state must come with an implied warranty that the goods are merchantable, unless properly disclaimed.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. ) ## 1792. Unless disclaimed in the manner prescribed by this chapter, every sale of consumer goods that are sold at retail in this state shall be accompanied by the manufacturer’s and the retail seller’s implied warranty that the goods are merchantable. The retail seller shall have a right of indemnity against the manufacturer in the amount of any liability under this section. (Amended by Stats. 1978, Ch. 991.)
  51. 1792.1.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. )

    Verify source ↗

    A manufacturer selling consumer goods at retail in this state must provide an implied warranty of fitness when the manufacturer knows the goods are needed for a particular purpose and the buyer is relying on the manufacturer’s skill or judgment.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. ) ## 1792.1. Every sale of consumer goods that are sold at retail in this state by a manufacturer who has reason to know at the time of the retail sale that the goods are required for a particular purpose and that the buyer is relying on the manufacturer’s skill or judgment to select or furnish suitable goods shall be accompanied by such manufacturer’s implied warranty of fitness. (Amended by Stats. 1978, Ch. 991.)
  52. 1792.2.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. )

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    Retail sales of certain consumer goods or assistive devices must come with an implied warranty of fitness for the buyer’s purpose or needs.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. ) ## 1792.2. (a) Every sale of consumer goods that are sold at retail in this state by a retailer or distributor who has reason to know at the time of the retail sale that the goods are required for a particular purpose, and that the buyer is relying on the retailer’s or distributor’s skill or judgment to select or furnish suitable goods shall be accompanied by such retailer’s or distributor’s implied warranty that the goods are fit for that purpose. (b) Every sale of an assistive device sold at retail in this state shall be accompanied by the retail seller’s implied warranty that the device is specifically fit for the particular needs of the buyer. (Amended by Stats. 1979, Ch. 1023.)
  53. 1792.3.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. )

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    Implied warranties of merchantability and, where applicable, fitness cannot be waived, except for consumer goods sold “as is” or “with all faults” if the chapter’s requirements for those sales are strictly followed.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. ) ## 1792.3. No implied warranty of merchantability and, where applicable, no implied warranty of fitness shall be waived, except in the case of a sale of consumer goods on an “as is” or “with all faults” basis where the provisions of this chapter affecting “as is” or “with all faults” sales are strictly complied with. (Added by Stats. 1970, Ch. 1333.)
  54. 1792.4.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. )

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    An “as is” or “with all faults” sale does not disclaim implied warranties unless a conspicuous writing is attached and tells the buyer, before the sale, the required warnings. For consumer goods sold by mail order catalog, the catalog can provide the required writing instead of prior-sale notification.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. ) ## 1792.4. (a) No sale of goods, governed by the provisions of this chapter, on an “as is” or “with all faults” basis, shall be effective to disclaim the implied warranty of merchantability or, where applicable, the implied warranty of fitness, unless a conspicuous writing is attached to the goods which clearly informs the buyer, prior to the sale, in simple and concise language of each of the following: (1) The goods are being sold on an “as is” or “with all faults” basis. (2) The entire risk as to the quality and performance of the goods is with the buyer. (3) Should the goods prove defective following their purchase, the buyer and not the manufacturer, distributor, or retailer assumes the entire cost of all necessary servicing or repair. (b) In the event of sale of consumer goods by means of a mail order catalog, the catalog offering such goods shall contain the required writing as to each item so offered in lieu of the requirement of notification prior to the sale. (Amended by Stats. 1971, Ch. 1523.)
  55. 1792.5.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. )

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    For qualifying sales of goods sold “as is” or “with all faults” and made in compliance with this chapter, the buyer waives the implied warranty of merchantability and, where applicable, the implied warranty of fitness.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. ) ## 1792.5. Every sale of goods that are governed by the provisions of this chapter, on an “as is” or “with all faults” basis, made in compliance with the provisions of this chapter, shall constitute a waiver by the buyer of the implied warranty of merchantability and, where applicable, of the implied warranty of fitness. (Amended by Stats. 1971, Ch. 1523.)
  56. 1793.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. )

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    A manufacturer, distributor, or retailer can still make express warranties for consumer goods, but if a sale includes express warranties, they may not limit, modify, or disclaim the chapter’s implied warranties, except as Sections 1793.01 and 1793.02 provide.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. ) ## 1793. Except as provided in Sections 1793.01 and 1793.02, nothing in this chapter shall affect the right of the manufacturer, distributor, or retailer to make express warranties with respect to consumer goods. However, a manufacturer, distributor, or retailer, in transacting a sale in which express warranties are given, may not limit, modify, or disclaim the implied warranties guaranteed by this chapter to the sale of consumer goods. (Amended by Stats. 2022, Ch. 464, Sec. 1. (AB 2912) Effective January 1, 2023.)
  57. 1793.01.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. )

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    A manufacturer, distributor, or retail seller must not give an express warranty for a consumer good that starts before the good is delivered.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. ) ## 1793.01. A manufacturer, distributor, or retail seller shall not make an express warranty with respect to a consumer good that commences earlier than the date of delivery of the good. This section does not limit an express warranty made before July 1, 2023. (Added by Stats. 2022, Ch. 464, Sec. 2. (AB 2912) Effective January 1, 2023.)
  58. 1793.02.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. )

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    Retail sellers must give buyers a written warranty for assistive devices, with special rules for hearing aids, returns, refunds, and warranty formatting.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. ) ## 1793.02. (a) (1) Except as provided in paragraph (2), all new and used assistive devices sold at retail in this state shall be accompanied by the retail seller’s written warranty which shall contain the following language: “This assistive device is warranted to be specifically fit for the particular needs of you, the buyer. If the device is not specifically fit for your particular needs, it may be returned to the seller within 30 days of the date of actual receipt by you or completion of fitting by the seller, whichever occurs later. If you return the device, the seller will either adjust or replace the device or promptly refund the total amount paid. This warranty does not affect the protections and remedies you have under other laws.” In lieu of the words “30 days” the retail seller may specify any longer period. (2) (A) All new and used hearing aids sold in this state shall be accompanied by the retail seller’s written warranty and shall contain the following language: “This hearing aid is warranted to be specifically fit for the particular needs of you, the buyer. If the hearing aid is not initially fit for your particular needs, it may be returned to the seller within 45 days of the initial date of delivery to you. If you return the hearing aid, the seller will either adjust or replace the hearing aid or promptly refund the total amount paid. This warranty does not affect the protections and remedies you have under other laws.” (B) In lieu of the words “45 days” the retail seller may specify any longer period. (C) On the initial date of delivery, the retail seller shall revise the written warranty to include the initial date of delivery to the buyer of the hearing aid and expiration date of the warranty. (b) The language prescribed in subdivision (a) shall appear on the first page of the warranty in at least 10-point bold type. The warranty shall be delivered to the buyer at the time of the sale of the device. (c) If the buyer returns the device within the period specified in the written warranty, the seller shall, without charge and within a reasonable time, adjust the device or, if appropriate, replace it with a device that is specifically fit for the particular needs of the buyer. If the seller does not adjust or replace the device so that it is specifically fit for the particular needs of the buyer, the seller shall promptly refund to the buyer the total amount paid, the transaction shall be deemed rescinded, and the seller shall promptly return to the buyer all payments and any assistive device or other consideration exchanged as part of the transaction and shall promptly cancel or cause to be canceled all contracts, instruments, and security agreements executed by the buyer in connection with the sale. When a sale is rescinded under this section, no charge, penalty, or other fee may be imposed in connection with the purchase, fitting, financing, or return of the device. (d) With respect to the retail sale of an assistive device to an individual, organization, or agency known by the seller to be purchasing for the ultimate user of the device, this section and subdivision (b) of Section 1792.2 shall be construed to require that the device be specifically fit for the particular needs of the ultimate user. (e) This section and subdivision (b) of Section 1792.2 shall not apply to any of the following sales of assistive devices: (1) A catalog or similar sale, as defined in subdivision (q) of Section 1791, except a sale of a hearing aid. (2) A sale which involves a retail sale price of less than fifteen dollars ($15). (3) A surgical implant performed by a physician and surgeon, or a restoration or dental prosthesis provided by a dentist. (f) The rights and remedies of the buyer under this section and subdivision (b) of Section 1792.2 are not subject to waiver under Section 1792.3. The rights and remedies of the buyer under this section and subdivision (b) of Section 1792.2 are cumulative, and shall not be construed to affect the obligations of the retail seller or any other party or to supplant the rights or remedies of the buyer under any other section of this chapter or under any other law or instrument. (g) Section 1795.5 shall not apply to a sale of used assistive devices, and for the purposes of the Song-Beverly Consumer Warranty Act the buyer of a used assistive device shall have the same rights and remedies as the buyer of a new assistive device. (h) The language in subdivision (a) shall not constitute an express warranty for purposes of Sections 1793.2 and 1793.3. (Amended by Stats. 2014, Ch. 226, Sec. 1. (SB 1326) Effective January 1, 2015.)
  59. 1793.025.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. )

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    Wheelchair sellers or lessors must provide a written express warranty, and consumers can get a temporary replacement wheelchair in some cases.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. ) ## 1793.025. (a) All new and used wheelchairs, including, but not limited to, wheelchairs that are motorized or have been otherwise customized to suit the needs of the user, shall be accompanied by the manufacturer’s or lessor’s written express warranty that the wheelchair is free of defects. The duration of the warranty shall be for a period of at least one year from the date of the first delivery of a new wheelchair to the consumer, or at least 60 days from the date of the first delivery of a used, refurbished, or reconditioned wheelchair to the consumer. If the written express warranty is not furnished to the consumer, the wheelchair nonetheless shall be deemed to be covered by the express warranty. This section shall not apply to wheelchairs manufactured specifically for athletic, competitive, or off-road use. (b) The provisions of this chapter for express warranties govern the express warranty described in subdivision (a), whether or not those provisions only apply to the sale, and not the lease, of goods. (c) A reasonable number of attempts have been made to conform a wheelchair to the express warranty if, within the warranty period or within one year of inception of the warranty, whichever occurs first, (1) the same nonconformity has been subject to repair four or more times by the manufacturer, lessor, or an agent thereof, and continues to exist, or (2) the wheelchair is out of service by reason of repair of nonconformities by the manufacturer, lessor, or an agent thereof, for a cumulative total of more than 30 calendar days since inception of the warranty. (d) No wheelchair that has been returned to the manufacturer, lessor, or an agent thereof, by the consumer for failure to repair a nonconformity after a reasonable number of attempts, either in this state or in another state pursuant to a similar statute of that state, may be sold or leased again in this state unless the reasons for the return are fully disclosed to the prospective buyer or lessee. (e) If the wheelchair is out of service for a period of at least 24 hours for the repair of a nonconformity by the manufacturer, lessor, or agent thereof, a temporary replacement wheelchair shall be made available to the consumer, if requested. The provider of the temporary replacement wheelchair may not charge the consumer more than the cost to the provider to make the wheelchair available to the consumer. Nothing in this subdivision is intended to prevent a consumer and a provider from negotiating an agreement in which the provider assumes the cost of providing a temporary replacement wheelchair to the consumer. (Amended by Stats. 1995, Ch. 461, Sec. 3. Effective January 1, 1996.)
  60. 1793.03.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. )

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    Manufacturers that give express warranties on certain electronic or appliance products must provide service literature and functional parts to repair facilities for 3 years or 7 years, depending on wholesale price.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. ) ## 1793.03. (a) Every manufacturer making an express warranty with respect to an electronic or appliance product described in subdivision (h), (i), (j), or (k) of Section 9801 of the Business and Professions Code, with a wholesale price to the retailer of not less than fifty dollars ($50) and not more than ninety-nine dollars and ninety-nine cents ($99.99), shall make available to service and repair facilities sufficient service literature and functional parts to effect the repair of a product for at least three years after the date a product model or type was manufactured, regardless of whether the three-year period exceeds the warranty period for the product. (b) Every manufacturer making an express warranty with respect to an electronic or appliance product described in subdivision (h), (i), (j), or (k) of Section 9801 of the Business and Professions Code, with a wholesale price to the retailer of one hundred dollars ($100) or more, shall make available to service and repair facilities sufficient service literature and functional parts to effect the repair of a product for at least seven years after the date a product model or type was manufactured, regardless of whether the seven-year period exceeds the warranty period for the product (Added by Stats. 1986, Ch. 547, Sec. 1.)
  61. 1793.05.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. )

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    Vehicle manufacturers that convert new vehicles into housecars must keep warranty responsibility for components that are no longer covered because of the conversion, in addition to any new product warranty.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. ) ## 1793.05. Vehicle manufacturers who alter new vehicles into housecars shall, in addition to any new product warranty, assume any warranty responsibility of the original vehicle manufacturer for any and all components of the finished product which are, by virtue of any act of the alterer, no longer covered by the warranty issued by the original vehicle manufacturer. (Added by Stats. 1977, Ch. 873.)
  62. 1793.1.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. )

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    Manufacturers, distributors, and retailers making express warranties for consumer goods must disclose warranty terms clearly, avoid misleading labels on registration forms, and give specific notices and service-facility information when required.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. ) ## 1793.1. (a) (1) Every manufacturer, distributor, or retailer making express warranties with respect to consumer goods shall fully set forth those warranties in simple and readily understood language, which shall clearly identify the party making the express warranties, and which shall conform to the federal standards for disclosure of warranty terms and conditions set forth in the federal Magnuson-Moss Warranty-Federal Trade Commission Improvement Act (15 U.S.C. Sec. 2301 et seq.), and in the regulations of the Federal Trade Commission adopted pursuant to the provisions of that act. If the manufacturer, distributor, or retailer provides a warranty or product registration card or form, or an electronic online warranty or product registration form, to be completed and returned by the consumer, the card or form shall contain statements, each displayed in a clear and conspicuous manner, that do all of the following: (A) Informs the consumer that the card or form is for product registration. (B) Informs the consumer that failure to complete and return the card or form does not diminish his or her warranty rights. (2) Every work order or repair invoice for warranty repairs or service shall clearly and conspicuously incorporate in 10-point boldface type the following statement either on the face of the work order or repair invoice, or on the reverse side, or on an attachment to the work order or repair invoice: “A buyer of this product in California has the right to have this product serviced or repaired during the warranty period. The warranty period will be extended for the number of whole days that the product has been out of the buyer’s hands for warranty repairs. If a defect exists within the warranty period, the warranty will not expire until the defect has been fixed. The warranty period will also be extended if the warranty repairs have not been performed due to delays caused by circumstances beyond the control of the buyer, or if the warranty repairs did not remedy the defect and the buyer notifies the manufacturer or seller of the failure of the repairs within 60 days after they were completed. If, after a reasonable number of attempts, the defect has not been fixed, the buyer may return this product for a replacement or a refund subject, in either case, to deduction of a reasonable charge for usage. This time extension does not affect the protections or remedies the buyer has under other laws.” If the required notice is placed on the reverse side of the work order or repair invoice, the face of the work order or repair invoice shall include the following notice in 10-point boldface type: “Notice to Consumer: Please read important information on back.” A copy of the work order or repair invoice and any attachment shall be presented to the buyer at the time that warranty service or repairs are made. (b) No warranty or product registration card or form, or an electronic online warranty or product registration form, may be labeled as a warranty registration or a warranty confirmation. (c) The requirements imposed by this section on the distribution of any warranty or product registration card or form, or an electronic online warranty or product registration form, shall become effective on January 1, 2004. (d) This section does not apply to any warranty or product registration card or form that was printed prior to January 1, 2004, and was shipped or included with a product that was placed in the stream of commerce prior to January 1, 2004. (e) Every manufacturer, distributor, or retailer making express warranties and who elects to maintain service and repair facilities within this state pursuant to this chapter shall perform one or more of the following: (1) At the time of sale, provide the buyer with the name and address of each service and repair facility within this state. (2) At the time of the sale, provide the buyer with the name and address and telephone number of a service and repair facility central directory within this state, or the toll-free telephone number of a service and repair facility central directory outside this state. It shall be the duty of the central directory to provide, upon inquiry, the name and address of the authorized service and repair facility nearest the buyer. (3) Maintain at the premises of retail sellers of the warrantor’s consumer goods a current listing of the warrantor’s authorized service and repair facilities, or retail sellers to whom the consumer goods are to be returned for service and repair, whichever is applicable, within this state. It shall be the duty of every retail seller provided with that listing to provide, on inquiry, the name, address, and telephone number of the nearest authorized service and repair facility, or the retail seller to whom the consumer goods are to be returned for service and repair, whichever is applicable. (Amended by Stats. 2002, Ch. 306, Sec. 1. Effective January 1, 2003.)
  63. 1793.2.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. )

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    Manufacturers with express warranties must provide repair facilities, parts, and timely warranty repairs, and may have to replace or reimburse buyers when repairs fail.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. ) ## 1793.2. (a) Every manufacturer of consumer goods sold in this state and for which the manufacturer has made an express warranty shall: (1) (A) Maintain in this state sufficient service and repair facilities reasonably close to all areas where its consumer goods are sold to carry out the terms of those warranties or designate and authorize in this state as service and repair facilities independent repair or service facilities reasonably close to all areas where its consumer goods are sold to carry out the terms of the warranties. (B) As a means of complying with this paragraph, a manufacturer may enter into warranty service contracts with independent service and repair facilities. The warranty service contracts may provide for a fixed schedule of rates to be charged for warranty service or warranty repair work. However, the rates fixed by those contracts shall be in conformity with the requirements of subdivision (c) of Section 1793.3. The rates established pursuant to subdivision (c) of Section 1793.3, between the manufacturer and the independent service and repair facility, do not preclude a good faith discount that is reasonably related to reduced credit and general overhead cost factors arising from the manufacturer’s payment of warranty charges direct to the independent service and repair facility. The warranty service contracts authorized by this paragraph may not be executed to cover a period of time in excess of one year, and may be renewed only by a separate, new contract or letter of agreement between the manufacturer and the independent service and repair facility. (2) In the event of a failure to comply with paragraph (1), be subject to Section 1793.5. (3) Make available to authorized service and repair facilities sufficient service literature and replacement parts to effect repairs during the express warranty period. (b) Where those service and repair facilities are maintained in this state and service or repair of the goods is necessary because they do not conform with the applicable express warranties, service and repair shall be commenced within a reasonable time by the manufacturer or its representative in this state. Unless the buyer agrees in writing to the contrary, the goods shall be serviced or repaired so as to conform to the applicable warranties within 30 days. Delay caused by conditions beyond the control of the manufacturer or its representatives shall serve to extend this 30-day requirement. Where delay arises, conforming goods shall be tendered as soon as possible following termination of the condition giving rise to the delay. (c) The buyer shall deliver nonconforming goods to the manufacturer’s service and repair facility within this state, unless, due to reasons of size and weight, or method of attachment, or method of installation, or nature of the nonconformity, delivery cannot reasonably be accomplished. If the buyer cannot return the nonconforming goods for any of these reasons, the buyer shall notify the manufacturer or its nearest service and repair facility within the state. Written notice of nonconformity to the manufacturer or its service and repair facility shall constitute return of the goods for purposes of this section. Upon receipt of that notice of nonconformity, the manufacturer shall, at its option, service or repair the goods at the buyer’s residence, or pick up the goods for service and repair, or arrange for transporting the goods to its service and repair facility. All reasonable costs of transporting the goods when a buyer cannot return them for any of the above reasons shall be at the manufacturer’s expense. The reasonable costs of transporting nonconforming goods after delivery to the service and repair facility until return of the goods to the buyer shall be at the manufacturer’s expense. (d) (1) Except as provided in paragraph (2), if the manufacturer or its representative in this state does not service or repair the goods to conform to the applicable express warranties after a reasonable number of attempts, the manufacturer shall either replace the goods or reimburse the buyer in an amount equal to the purchase price paid by the buyer, less that amount directly attributable to use by the buyer prior to the discovery of the nonconformity. However, if the manufacturer or its representative in this state does not service or repair a travel trailer or a portion of a motor home designed, used, or maintained for human habitation, to conform to the applicable express warranties after a reasonable number of attempts, the buyer shall be free to elect reimbursement in lieu of replacement, and in no event shall the buyer be required by the manufacturer to accept a replacement travel trailer or motor home. (2) If the manufacturer or its representative in this state is unable to service or repair a new motor vehicle, as that term is defined in paragraph (2) of subdivision (e) of Section 1793.22, to conform to the applicable express warranties after a reasonable number of attempts, the manufacturer shall either promptly replace the new motor vehicle in accordance with subparagraph (A) or promptly make restitution to the buyer in accordance with subparagraph (B). However, the buyer shall be free to elect restitution in lieu of replacement, and in no event shall the buyer be required by the manufacturer to accept a replacement vehicle. (A) In the case of replacement, the manufacturer shall replace the buyer’s vehicle with a new motor vehicle substantially identical to the vehicle replaced. The replacement vehicle shall be accompanied by all express and implied warranties that normally accompany new motor vehicles of that specific kind. The manufacturer also shall pay for, or to, the buyer the amount of any sales or use tax, license fees, registration fees, and other official fees which the buyer is obligated to pay in connection with the replacement, plus any incidental damages to which the buyer is entitled under Section 1794, including, but not limited to, reasonable repair, towing, and rental car costs actually incurred by the buyer. (B) In the case of restitution, the manufacturer shall make restitution in an amount equal to the actual price paid or payable by the buyer, including any charges for transportation and manufacturer-installed options, but excluding nonmanufacturer items installed by a dealer or the buyer, and including any collateral charges such as sales or use tax, license fees, registration fees, and other official fees, plus any incidental damages to which the buyer is entitled under Section 1794, including, but not limited to, reasonable repair, towing, and rental car costs actually incurred by the buyer. (C) When the manufacturer replaces the new motor vehicle pursuant to subparagraph (A), the buyer shall only be liable to pay the manufacturer an amount directly attributable to use by the buyer of the replaced vehicle prior to the time the buyer first delivered the vehicle to the manufacturer or distributor, or its authorized service and repair facility for correction of the problem that gave rise to the nonconformity. When restitution is made pursuant to subparagraph (B), the amount to be paid by the manufacturer to the buyer may be reduced by the manufacturer by that amount directly attributable to use by the buyer prior to the time the buyer first delivered the vehicle to the manufacturer or distributor, or its authorized service and repair facility for correction of the problem that gave rise to the nonconformity. The amount directly attributable to use by the buyer shall be determined by multiplying the actual price of the new motor vehicle paid or payable by the buyer, including any charges for transportation and manufacturer-installed options, by a fraction having as its denominator 120,000 and having as its numerator the number of miles traveled by the new motor vehicle prior to the time the buyer first delivered the vehicle to the manufacturer or distributor, or its authorized service and repair facility for correction of the problem that gave rise to the nonconformity. Nothing in this paragraph shall in any way limit the rights or remedies available to the buyer under any other law. (D) Pursuant to Section 1795.4, a buyer of a new motor vehicle shall also include a lessee of a new motor vehicle. (e) (1) If the goods cannot practicably be serviced or repaired by the manufacturer or its representative to conform to the applicable express warranties because of the method of installation or because the goods have become so affixed to real property as to become a part thereof, the manufacturer shall either replace and install the goods or reimburse the buyer in an amount equal to the purchase price paid by the buyer, including installation costs, less that amount directly attributable to use by the buyer prior to the discovery of the nonconformity. (2) With respect to claims arising out of deficiencies in the construction of a new residential dwelling, paragraph (1) shall not apply to either of the following: (A) A product that is not a manufactured product, as defined in subdivision (g) of Section 896. (B) A claim against a person or entity that is not the manufacturer that originally made the express warranty for that manufactured product. (Amended by Stats. 2024, Ch. 196, Sec. 2. (AB 1849) Effective January 1, 2025.)
  64. 1793.22.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. )

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    This section creates a warranty-repair presumption for certain new motor vehicles and limits when a buyer can assert it. It also sets conditions for a qualified third-party dispute resolution process and restricts resale or transfer of certain repurchased vehicles unless disclosure, correction, and a written one-year warranty are provided.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. ) ## 1793.22. (a) This section shall be known and may be cited as the Tanner Consumer Protection Act. (b) It shall be presumed that a reasonable number of attempts have been made to conform a new motor vehicle to the applicable express warranties if, within 18 months from delivery to the buyer or 18,000 miles on the odometer of the vehicle, whichever occurs first, one or more of the following occurs: (1) The same nonconformity results in a condition that is likely to cause death or serious bodily injury if the vehicle is driven and the nonconformity 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 of the nonconformity. (2) The same nonconformity has been subject to repair four or more times by the manufacturer or its agents and the buyer has at least once directly notified the manufacturer of the need for the repair of the nonconformity. (3) The vehicle is out of service by reason of repair of nonconformities by the manufacturer or its agents for a cumulative total of more than 30 calendar days since delivery of the vehicle to the buyer. The 30-day limit shall be extended only if repairs cannot be performed due to conditions beyond the control of the manufacturer or its agents. The buyer shall be required to directly notify the manufacturer pursuant to paragraphs (1) and (2) only if the manufacturer has clearly and conspicuously disclosed to the buyer, with the warranty or the owner’s manual, the provisions of this section and that of subdivision (d) of Section 1793.2, including the requirement that the buyer must notify the manufacturer directly pursuant to paragraphs (1) and (2). The notification, if required, shall be sent to the address, if any, specified clearly and conspicuously by the manufacturer in the warranty or owner’s manual. This presumption shall be a rebuttable presumption affecting the burden of proof, and it may be asserted by the buyer in any civil action, including an action in small claims court, or other formal or informal proceeding. (c) If a qualified third-party dispute resolution process exists, and the buyer receives timely notification in writing of the availability of that qualified third-party dispute resolution process with a description of its operation and effect, the presumption in subdivision (b) may not be asserted by the buyer until after the buyer has initially resorted to the qualified third-party dispute resolution process as required in subdivision (d). Notification of the availability of the qualified third-party dispute resolution process is not timely if the buyer suffers any prejudice resulting from any delay in giving the notification. If a qualified third-party dispute resolution process does not exist, or if the buyer is dissatisfied with that third-party decision, or if the manufacturer or its agent neglects to promptly fulfill the terms of the qualified third-party dispute resolution process decision after the decision is accepted by the buyer, the buyer may assert the presumption provided in subdivision (b) in an action to enforce the buyer’s rights under subdivision (d) of Section 1793.2. The findings and decision of a qualified third-party dispute resolution process shall be admissible in evidence in the action without further foundation. Any period of limitation of actions under any federal or California laws with respect to any person shall be extended for a period equal to the number of days between the date a complaint is filed with a third-party dispute resolution process and the date of its decision or the date before which the manufacturer or its agent is required by the decision to fulfill its terms if the decision is accepted by the buyer, whichever occurs later. (d) A qualified third-party dispute resolution process shall be one that does all of the following: (1) Complies with the minimum requirements of the Federal Trade Commission for informal dispute settlement procedures as set forth in Part 703 of Title 16 of the Code of Federal Regulations, as those regulations read on January 1, 1987. (2) Renders decisions which are binding on the manufacturer if the buyer elects to accept the decision. (3) Prescribes a reasonable time, not to exceed 30 days after the decision is accepted by the buyer, within which the manufacturer or its agent must fulfill the terms of its decisions. (4) Provides arbitrators who are assigned to decide disputes with copies of, and instruction in, the provisions of the Federal Trade Commission’s regulations in Part 703 of Title 16 of the Code of Federal Regulations as those regulations read on January 1, 1987, Division 2 (commencing with Section 2101) of the Commercial Code, and this chapter. (5) Requires the manufacturer, when the process orders, under the terms of this chapter, either that the nonconforming motor vehicle be replaced if the buyer consents to this remedy or that restitution be made to the buyer, to replace the motor vehicle or make restitution in accordance with paragraph (2) of subdivision (d) of Section 1793.2. (6) Provides, at the request of the arbitrator or a majority of the arbitration panel, for an inspection and written report on the condition of a nonconforming motor vehicle, at no cost to the buyer, by an automobile expert who is independent of the manufacturer. (7) Takes into account, in rendering decisions, all legal and equitable factors, including, but not limited to, the written warranty, the rights and remedies conferred in regulations of the Federal Trade Commission contained in Part 703 of Title 16 of the Code of Federal Regulations as those regulations read on January 1, 1987, Division 2 (commencing with Section 2101) of the Commercial Code, this chapter, and any other equitable considerations appropriate in the circumstances. Nothing in this chapter requires that, to be certified as a qualified third-party dispute resolution process pursuant to this section, decisions of the process must consider or provide remedies in the form of awards of punitive damages or multiple damages, under subdivision (c) of Section 1794, or of attorneys’ fees under subdivision (d) of Section 1794, or of consequential damages other than as provided in subdivisions (a) and (b) of Section 1794, including, but not limited to, reasonable repair, towing, and rental car costs actually incurred by the buyer. (8) Requires that no arbitrator deciding a dispute may be a party to the dispute and that no other person, including an employee, agent, or dealer for the manufacturer, may be allowed to participate substantively in the merits of any dispute with the arbitrator unless the buyer is allowed to participate also. Nothing in this subdivision prohibits any member of an arbitration board from deciding a dispute. (9) Obtains and maintains certification by the Department of Consumer Affairs pursuant to Chapter 9 (commencing with Section 472) of Division 1 of the Business and Professions Code. (e) For the purposes of subdivision (d) of Section 1793.2 and this section, the following terms have the following meanings: (1) “Nonconformity” means a nonconformity which substantially impairs the use, value, or safety of the new motor vehicle to the buyer or lessee. (2) “New motor vehicle” means a new motor vehicle that is bought or used primarily for personal, family, or household purposes. “New motor vehicle” also means a new motor vehicle with a gross vehicle weight under 10,000 pounds that is bought or used primarily for business purposes by a person, including a partnership, limited liability company, corporation, association, or any other legal entity, to which not more than five motor vehicles are registered in this state. “New motor vehicle” includes the chassis, chassis cab, and that portion of a motor home devoted to its propulsion, but does not include any portion designed, used, or maintained primarily for human habitation, a dealer-owned vehicle and a “demonstrator” or other motor vehicle sold with a manufacturer’s new car warranty but does not include a motorcycle or a motor vehicle which is not registered under the Vehicle Code because it is to be operated or used exclusively off the highways. A demonstrator is a vehicle assigned by a dealer for the purpose of demonstrating qualities and characteristics common to vehicles of the same or similar model and type. (3) “Motor home” means a vehicular unit built on, or permanently attached to, a self-propelled motor vehicle chassis, chassis cab, or van, which becomes an integral part of the completed vehicle, designed for human habitation for recreational or emergency occupancy. (f) (1) Except as provided in paragraph (2), no person shall sell, either at wholesale or retail, lease, or transfer a motor vehicle transferred by a buyer or lessee to a manufacturer pursuant to paragraph (2) of subdivision (d) of Section 1793.2 or a similar statute of any other state, unless the nature of the nonconformity experienced by the original buyer or lessee is clearly and conspicuously disclosed to the prospective buyer, lessee, or transferee, the nonconformity is corrected, and the manufacturer warrants to the new buyer, lessee, or transferee in writing for a period of one year that the motor vehicle is free of that nonconformity. (2) Except for the requirement that the nature of the nonconformity be disclosed to the transferee, paragraph (1) does not apply to the transfer of a motor vehicle to an educational institution if the purpose of the transfer is to make the motor vehicle available for use in automotive repair courses. (Amended by Stats. 2000, Ch. 679, Sec. 1. Effective January 1, 2001.)
  65. 1793.23.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. )

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    Manufacturers and certain resellers of “Lemon Law Buyback” vehicles must provide specific retitling, notice, acknowledgment, and disclosure before sale or transfer.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. ) ## 1793.23. (a) The Legislature finds and declares all of the following: (1) That the expansion of state warranty laws covering new and used cars has given important and valuable protection to consumers. (2) That, in states without this valuable warranty protection, used and irrepairable motor vehicles are being resold in the marketplace without notice to the subsequent purchaser. (3) That other states have addressed this problem by requiring notices on the title of these vehicles or other notice procedures to warn consumers that the motor vehicles were repurchased by a dealer or manufacturer because the vehicle could not be repaired in a reasonable length of time or a reasonable number of repair attempts or the dealer or manufacturer was not willing to repair the vehicle. (4) That these notices serve the interests of consumers who have a right to information relevant to their buying decisions. (5) That the disappearance of these notices upon the transfer of title from another state to this state encourages the transport of “lemons” to this state for sale to the drivers of this state. (b) This section and Section 1793.24 shall be known, and may be cited as, the Automotive Consumer Notification Act. (c) Any manufacturer who reacquires or assists a dealer or lienholder to reacquire a motor vehicle registered in this state, any other state, or a federally administered district shall, prior to any sale, lease, or transfer of the vehicle in this state, or prior to exporting the vehicle to another state for sale, lease, or transfer if the vehicle was registered in this state and reacquired pursuant to paragraph (2) of subdivision (d) of Section 1793.2, cause the vehicle to be retitled in the name of the manufacturer, request the Department of Motor Vehicles to inscribe the ownership certificate with the notation “Lemon Law Buyback,” and affix a decal to the vehicle in accordance with Section 11713.12 of the Vehicle Code if the manufacturer knew or should have known that the vehicle is required by law to be replaced, accepted for restitution due to the failure of the manufacturer to conform the vehicle to applicable warranties pursuant to paragraph (2) of subdivision (d) of Section 1793.2, or accepted for restitution by the manufacturer due to the failure of the manufacturer to conform the vehicle to warranties required by any other applicable law of the state, any other state, or federal law. (d) Any manufacturer who reacquires or assists a dealer or lienholder to reacquire a motor vehicle in response to a request by the buyer or lessee that the vehicle be either replaced or accepted for restitution because the vehicle did not conform to express warranties shall, prior to the sale, lease, or other transfer of the vehicle, execute and deliver to the subsequent transferee a notice and obtain the transferee’s written acknowledgment of a notice, as prescribed by Section 1793.24. (e) Any person, including any dealer, who acquires a motor vehicle for resale and knows or should have known that the vehicle was reacquired by the vehicle’s manufacturer in response to a request by the last retail owner or lessee of the vehicle that it be replaced or accepted for restitution because the vehicle did not conform to express warranties shall, prior to the sale, lease, or other transfer, execute and deliver to the subsequent transferee a notice and obtain the transferee’s written acknowledgment of a notice, as prescribed by Section 1793.24. (f) Any person, including any manufacturer or dealer, who sells, leases, or transfers ownership of a motor vehicle when the vehicle’s ownership certificate is inscribed with the notation “Lemon Law Buyback” shall, prior to the sale, lease, or ownership transfer of the vehicle, provide the transferee with a disclosure statement signed by the transferee that states: “THIS VEHICLE WAS REPURCHASED BY ITS MANUFACTURER DUE TO A DEFECT IN THE VEHICLE PURSUANT TO CONSUMER WARRANTY LAWS. THE TITLE TO THIS VEHICLE HAS BEEN PERMANENTLY BRANDED WITH THE NOTATION ‛LEMON LAW BUYBACK’.” (g) The disclosure requirements in subdivisions (d), (e), and (f) are cumulative with all other consumer notice requirements and do not relieve any person, including any dealer or manufacturer, from complying with any other applicable law, including any requirement of subdivision (f) of Section 1793.22. (h) For purposes of this section, “dealer” means any person engaged in the business of selling, offering for sale, or negotiating the retail sale of, a used motor vehicle or selling motor vehicles as a broker or agent for another, including the officers, agents, and employees of the person and any combination or association of dealers. (Amended by Stats. 1998, Ch. 932, Sec. 7. Effective January 1, 1999.)
  66. 1793.24.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. )

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    Manufacturers must prepare a required notice for reacquired vehicles, include specific vehicle and defect information, follow form requirements, and give executed copies to transferees.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. ) ## 1793.24. (a) The notice required in subdivisions (d) and (e) of Section 1793.23 shall be prepared by the manufacturer of the reacquired vehicle and shall disclose all of the following: (1) Year, make, model, and vehicle identification number of the vehicle. (2) Whether the title to the vehicle has been inscribed with the notation “Lemon Law Buyback.” (3) The nature of each nonconformity reported by the original buyer or lessee of the vehicle. (4) Repairs, if any, made to the vehicle in an attempt to correct each nonconformity reported by the original buyer or lessee. (b) The notice shall be on a form 81/2 x 11 inches in size and printed in no smaller than 10-point black type on a white background. The form shall only contain the following information prior to it being filled out by the manufacturer: ## WARRANTY BUYBACK NOTICE (Check One) □ This vehicle was repurchased by the vehicle’s manufacturer after the last retail owner or lessee requested its repurchase due to the problem(s) listed below. □THIS VEHICLE WAS REPURCHASED BY ITS MANUFACTURER DUE TO A DEFECT IN THE VEHICLE PURSUANT TO CONSUMER WARRANTY LAWS. THE TITLE TO THIS VEHICLE HAS BEEN PERMANENTLY BRANDED WITH THE NOTATION “LEMON LAW BUYBACK.” Under California law, the manufacturer must warrant to you, for a one year period, that the vehicle is free of the problem(s) listed below. V.I.N. Year Make Model Problem(s) Reported by Original Owner Repairs Made, if any, to Correct Reported Problem(s) Signature of Manufacturer Date Signature of Dealer(s) Date Signature of Retail Buyer or Lessee Date (c) The manufacturer shall provide an executed copy of the notice to the manufacturer’s transferee. Each transferee, including a dealer, to whom the motor vehicle is transferred prior to its sale to a retail buyer or lessee shall be provided an executed copy of the notice by the previous transferor. (Added by Stats. 1995, Ch. 503, Sec. 2. Effective January 1, 1996.)
  67. 1793.25.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. )

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    The State Board of Equalization must reimburse a new motor vehicle manufacturer for certain sales or use tax amounts when the manufacturer provides required proof.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. ) ## 1793.25. (a) Notwithstanding Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code, the State Board of Equalization shall reimburse the manufacturer of a new motor vehicle for an amount equal to the sales tax or use tax which the manufacturer pays to or for the buyer or lessee when providing a replacement vehicle pursuant to subparagraph (A) of paragraph (2) of subdivision (d) of Section 1793.2 or includes in making restitution to the buyer or lessee pursuant to subparagraph (B) of paragraph (2) of subdivision (d) of Section 1793.2, when the manufacturer provides satisfactory proof that it has complied with subdivision (c) of Section 1793.23, and satisfactory proof is provided for one of the following: (1) The retailer of the motor vehicle for which the manufacturer is making restitution has reported and paid the sales tax on the gross receipts from the sale of that motor vehicle. (2) The buyer of the motor vehicle has paid the use tax on the sales price for the storage, use, or other consumption of that motor vehicle in this state. (3) The lessee of the motor vehicle has paid the use tax on the rentals payable from the lease of that motor vehicle. (b) The State Board of Equalization may adopt rules and regulations to carry out, facilitate compliance with, or prevent circumvention or evasion of, this section. (c) This section shall not change the application of the sales and use tax to the gross receipts, the rentals payable, and the sales price from the sale, lease, and the storage, use, or other consumption, in this state of tangible personal property pursuant to Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code. (d) The manufacturer’s claim for reimbursement and the State Board of Equalization’s approval or denial of the claim shall be subject to the provisions of Article 1 (commencing with Section 6901) of Chapter 7 of Part 1 of Division 2 of the Revenue and Taxation Code, except Sections 6907 and 6908, insofar as those provisions are not inconsistent with this section. (e) For purposes of this section, the amount of use tax that the State Board of Equalization is required to reimburse the manufacturer shall be limited to the amount of use tax the manufacturer is required to pay to or for the lessee pursuant to Section 1793.2. (Amended by Stats. 2011, Ch. 727, Sec. 2. (AB 242) Effective January 1, 2012.)
  68. 1793.26.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. )

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    Vehicle reacquisition agreements cannot require or include clauses that stop a buyer or lessee from disclosing vehicle problems or the nonfinancial terms of the reacquisition.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. ) ## 1793.26. (a) Any automobile manufacturer, importer, distributor, dealer, or lienholder who reacquires, or who assists in reacquiring, a motor vehicle, whether by judgment, decree, arbitration award, settlement agreement, or voluntary agreement, is prohibited from doing either of the following: (1) Requiring, as a condition of the reacquisition of the motor vehicle, that a buyer or lessee who is a resident of this state agree not to disclose the problems with the vehicle experienced by the buyer or lessee or the nonfinancial terms of the reacquisition. (2) Including, in any release or other agreement, whether prepared by the manufacturer, importer, distributor, dealer, or lienholder, for signature by the buyer or lessee, a confidentiality clause, gag clause, or similar clause prohibiting the buyer or lessee from disclosing information to anyone about the problems with the vehicle, or the nonfinancial terms of the reacquisition of the vehicle by the manufacturer, importer, distributor, dealer, or lienholder. (b) Any confidentiality clause, gag clause, or similar clause in such a release or other agreement in violation of this section shall be null and void as against the public policy of this state. (c) Nothing in this section is intended to prevent any confidentiality clause, gag clause, or similar clause regarding the financial terms of the reacquisition of the vehicle. (Amended by Stats. 2000, Ch. 258, Sec. 1. Effective January 1, 2001.)
  69. 1793.3.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. )

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    If certain warranty-service conditions are not met, the buyer can use specified remedies for nonconforming consumer goods, and the retail seller or manufacturer must provide the listed repair, replacement, refund, cost, or notice responses.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. ) ## 1793.3. If the manufacturer of consumer goods sold in this state for which the manufacturer has made an express warranty does not provide service and repair facilities within this state pursuant to subdivision (a) of Section 1793.2, or does not make available to authorized service and repair facilities service literature and replacement parts sufficient to effect repair during the express warranty period, the buyer of such manufacturer’s nonconforming goods may follow the course of action prescribed in either subdivision (a), (b), or (c), below, as follows: (a) Return the nonconforming consumer goods to the retail seller thereof. The retail seller shall do one of the following: (1) Service or repair the nonconforming goods to conform to the applicable warranty. (2) Direct the buyer to a reasonably close independent repair or service facility willing to accept service or repair under this section. (3) Replace the nonconforming goods with goods that are identical or reasonably equivalent to the warranted goods. (4) Refund to the buyer the original purchase price less that amount directly attributable to use by the buyer prior to the discovery of the nonconformity. (b) Return the nonconforming consumer goods to any retail seller of like goods of the same manufacturer within this state who may do one of the following: (1) Service or repair the nonconforming goods to conform to the applicable warranty. (2) Direct the buyer to a reasonably close independent repair or service facility willing to accept service or repair under this section. (3) Replace the nonconforming goods with goods that are identical or reasonably equivalent to the warranted goods. (4) Refund to the buyer the original purchase price less that amount directly attributable to use by the buyer prior to the discovery of the nonconformity. (c) Secure the services of an independent repair or service facility for the service or repair of the nonconforming consumer goods, when service or repair of the goods can be economically accomplished. In that event the manufacturer shall be liable to the buyer, or to the independent repair or service facility upon an assignment of the buyer’s rights, for the actual and reasonable cost of service and repair, including any cost for parts and any reasonable cost of transporting the goods or parts, plus a reasonable profit. It shall be a rebuttable presumption affecting the burden of producing evidence that the reasonable cost of service or repair is an amount equal to that which is charged by the independent service dealer for like services or repairs rendered to service or repair customers who are not entitled to warranty protection. Any waiver of the liability of a manufacturer shall be void and unenforceable. The course of action prescribed in this subdivision shall be available to the buyer only after the buyer has followed the course of action prescribed in either subdivision (a) or (b) and such course of action has not furnished the buyer with appropriate relief. In no event, shall the provisions of this subdivision be available to the buyer with regard to consumer goods with a wholesale price to the retailer of less than fifty dollars ($50). In no event shall the buyer be responsible or liable for service or repair costs charged by the independent repair or service facility which accepts service or repair of nonconforming consumer goods under this section. Such independent repair or service facility shall only be authorized to hold the manufacturer liable for such costs. (d) A retail seller to which any nonconforming consumer good is returned pursuant to subdivision (a) or (b) shall have the option of providing service or repair itself or directing the buyer to a reasonably close independent repair or service facility willing to accept service or repair under this section. In the event the retail seller directs the buyer to an independent repair or service facility, the manufacturer shall be liable for the reasonable cost of repair services in the manner provided in subdivision (c). (e) In the event a buyer is unable to return nonconforming goods to the retailer due to reasons of size and weight, or method of attachment, or method of installation, or nature of the nonconformity, the buyer shall give notice of the nonconformity to the retailer. Upon receipt of such notice of nonconformity the retailer shall, at its option, service or repair the goods at the buyer’s residence, or pick up the goods for service or repair, or arrange for transporting the goods to its place of business. The reasonable costs of transporting the goods shall be at the retailer’s expense. The retailer shall be entitled to recover all such reasonable costs of transportation from the manufacturer pursuant to Section 1793.5. The reasonable costs of transporting nonconforming goods after delivery to the retailer until return of the goods to the buyer, when incurred by a retailer, shall be recoverable from the manufacturer pursuant to Section 1793.5. Written notice of nonconformity to the retailer shall constitute return of the goods for the purposes of subdivisions (a) and (b). (f) The manufacturer of consumer goods with a wholesale price to the retailer of fifty dollars ($50) or more for which the manufacturer has made express warranties shall provide written notice to the buyer of the courses of action available to him under subdivision (a), (b), or (c). (Amended by Stats. 1986, Ch. 547, Sec. 3.)
  70. 1793.35.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. )

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    For certain clothing, consumables, and draperies sales, the buyer may return nonconforming goods, and the retailer or manufacturer may have to arrange replacement or reimbursement depending on the warranty terms.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. ) ## 1793.35. (a) Where the retail sale of clothing or consumables is accompanied by an express warranty and such items do not conform with the terms of the express warranty, the buyer thereof may return the goods within 30 days of purchase or the period specified in the warranty, whichever is greater. The manufacturer may, in the express warranty, direct the purchaser to return nonconforming goods to a retail seller of like goods of the same manufacturer for replacement. (b) When clothing or consumables are returned to a retail seller for the reason that they do not conform to an express warranty, the retailer shall replace the nonconforming goods where the manufacturer has directed replacement in the express warranty. In the event the manufacturer has not directed replacement in the express warranty, the retailer may replace the nonconforming goods or reimburse the buyer in an amount equal to the purchase price paid by the buyer for the goods, at the option of the retailer. Costs of reimbursement or replacement are recoverable by a retailer from the manufacturer in the manner provided in Section 1793.5. (c) Where the retail sale of draperies is not accompanied by an express warranty and the sale of such draperies is accompanied by a conspicuous writing disclaiming the retailer’s implied warranty of merchantability on the fabric, the retailer’s implied warranty of merchantability shall not apply to the fabric. (Amended by Stats. 1978, Ch. 991.)
  71. 1793.4.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. )

    Verify source ↗

    If service and repair is chosen under Section 1793.3, it must start within a reasonable time, and conforming goods must usually be tendered within 30 days unless the buyer agrees otherwise in writing.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. ) ## 1793.4. Where an option is exercised in favor of service and repair under Section 1793.3, such service and repair must be commenced within a reasonable time, and, unless the buyer agrees in writing to the contrary, goods conforming to the applicable express warranties shall be tendered within 30 days. Delay caused by conditions beyond the control of the retail seller or his representative shall serve to extend this 30-day requirement. Where such a delay arises, conforming goods shall be tendered as soon as possible following termination of the condition giving rise to the delay. (Amended by Stats. 1978, Ch. 991.)
  72. 1793.5.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. )

    Verify source ↗

    A manufacturer that gives express warranties and lacks in-state service and repair facilities must be liable to affected retail sellers under this section.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. ) ## 1793.5. Every manufacturer making express warranties who does not provide service and repair facilities within this state pursuant to subdivision (a) of Section 1793.2 shall be liable as prescribed in this section to every retail seller of such manufacturer’s goods who incurs obligations in giving effect to the express warranties that accompany such manufacturer’s consumer goods. The amount of such liability shall be determined as follows: (a) In the event of replacement, in an amount equal to the actual cost to the retail seller of the replaced goods, and cost of transporting the goods, if such costs are incurred plus a reasonable handling charge. (b) In the event of service and repair, in an amount equal to that which would be received by the retail seller for like service rendered to retail consumers who are not entitled to warranty protection, including actual and reasonable costs of the service and repair and the cost of transporting the goods, if such costs are incurred, plus a reasonable profit. (c) In the event of reimbursement under subdivision (a) of Section 1793.3, in an amount equal to that reimbursed to the buyer, plus a reasonable handling charge. (Amended by Stats. 1971, Ch. 1523.)
  73. 1793.6.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. )

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    Manufacturers making express warranties for consumer goods sold in this state are liable to independent servicemen for covered warranty-related service and repair costs, unless a warranty service contract says otherwise.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. ) ## 1793.6. Except as otherwise provided in the terms of a warranty service contract, as specified in subdivision (a) of Section 1793.2, entered into between a manufacturer and an independent service and repair facility, every manufacturer making express warranties whose consumer goods are sold in this state shall be liable as prescribed in this section to every independent serviceman who performs services or incurs obligations in giving effect to the express warranties that accompany such manufacturer’s consumer goods whether the independent serviceman is acting as an authorized service and repair facility designated by the manufacturer pursuant to paragraph (1) of subdivision (a) of Section 1793.2 or is acting as an independent serviceman pursuant to subdivisions (c) and (d) of Section 1793.3. The amount of such liability shall be an amount equal to the actual and reasonable costs of the service and repair, including any cost for parts and any reasonable cost of transporting the goods or parts, plus a reasonable profit. It shall be a rebuttable presumption affecting the burden of producing evidence that the reasonable cost of service or repair is an amount equal to that which is charged by the independent serviceman for like services or repairs rendered to service or repair customers who are not entitled to warranty protection. Any waiver of the liability of a manufacturer shall be void and unenforceable. (Added by Stats. 1976, Ch. 416.)
  74. 1794.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. )

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    A consumer-goods buyer harmed by a warranty or contract failure may sue for damages and other relief, and can recover costs and attorney’s fees if the buyer prevails.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. ) ## 1794. (a) Any buyer of consumer goods who is damaged by a failure to comply with any obligation under this chapter or under an implied or express warranty or service contract may bring an action for the recovery of damages and other legal and equitable relief. (b) The measure of the buyer’s damages in an action under this section shall include the rights of replacement or reimbursement as set forth in subdivision (d) of Section 1793.2, and the following: (1) Where the buyer has rightfully rejected or justifiably revoked acceptance of the goods or has exercised any right to cancel the sale, Sections 2711, 2712, and 2713 of the Commercial Code shall apply. (2) Where the buyer has accepted the goods, Sections 2714 and 2715 of the Commercial Code shall apply, and the measure of damages shall include the cost of repairs necessary to make the goods conform. (c) If the buyer establishes that the failure to comply was willful, the judgment may include, in addition to the amounts recovered under subdivision (a), a civil penalty which shall not exceed two times the amount of actual damages. This subdivision shall not apply in any class action under Section 382 of the Code of Civil Procedure or under Section 1781, or with respect to a claim based solely on a breach of an implied warranty. (d) If the buyer prevails in an action under this section, the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney’s fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action. (e) (1) Except as otherwise provided in this subdivision, if the buyer establishes a violation of paragraph (2) of subdivision (d) of Section 1793.2, the buyer shall recover damages and reasonable attorney’s fees and costs, and may recover a civil penalty of up to two times the amount of damages. (2) If the manufacturer maintains a qualified third-party dispute resolution process which substantially complies with Section 1793.22, the manufacturer shall not be liable for any civil penalty pursuant to this subdivision. (3) After the occurrence of the events giving rise to the presumption established in subdivision (b) of Section 1793.22, the buyer may serve upon the manufacturer a written notice requesting that the manufacturer comply with paragraph (2) of subdivision (d) of Section 1793.2. If the buyer fails to serve the notice, the manufacturer shall not be liable for a civil penalty pursuant to this subdivision. (4) If the buyer serves the notice described in paragraph (3) and the manufacturer complies with paragraph (2) of subdivision (d) of Section 1793.2 within 30 days of the service of that notice, the manufacturer shall not be liable for a civil penalty pursuant to this subdivision. (5) If the buyer recovers a civil penalty under subdivision (c), the buyer may not also recover a civil penalty under this subdivision for the same violation. (Amended by Stats. 1992, Ch. 1232, Sec. 9. Effective January 1, 1993.)
  75. 1794.1.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. )

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    Certain retail sellers and independent servicemen of consumer goods may sue for damages if they are injured by a willful or repeated violation of this chapter.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. ) ## 1794.1. (a) Any retail seller of consumer goods injured by the willful or repeated violation of the provisions of this chapter may bring an action for the recovery of damages. Judgment may be entered for three times the amount at which the actual damages are assessed plus reasonable attorney fees. (b) Any independent serviceman of consumer goods injured by the willful or repeated violation of the provisions of this chapter may bring an action for the recovery of damages. Judgment may be entered for three times the amount at which the actual damages are assessed plus reasonable attorney fees. (Amended by Stats. 1976, Ch. 416.)
  76. 1794.3.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. )

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    This section says the chapter does not apply to defects or nonconformities in consumer goods caused by unauthorized or unreasonable use after the sale.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. ) ## 1794.3. The provisions of this chapter shall not apply to any defect or nonconformity in consumer goods caused by the unauthorized or unreasonable use of the goods following sale. (Amended by Stats. 1971, Ch. 1523.)
  77. 1794.4.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. )

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    This section requires service contracts to clearly disclose their terms and limits, and it sets rules for ongoing monthly or periodic contracts, cancellation, refunds, and when fees may or may not be charged.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. ) ## 1794.4. (a) Nothing in this chapter shall be construed to prevent the sale of a service contract to the buyer in addition to or in lieu of an express warranty if that contract fully and conspicuously discloses in simple and readily understood language the terms, conditions, and exclusions of that contract, provided that nothing in this section shall apply to a home protection contract issued by a home protection company that is subject to Part 7 (commencing with Section 12740) of Division 2 of the Insurance Code. (b) Except as otherwise expressly provided in the service contract, every service contract shall obligate the service contractor to provide to the buyer of the product all of the services and functional parts that may be necessary to maintain proper operation of the entire product under normal operation and service for the duration of the service contract and without additional charge. (c) The service contract shall contain all of the following items of information: (1) If the service contract covers a single product, a clear description and identification of the covered product. If the service contract covers a class of products, a description of the class of products covered by the service contract that is sufficiently clear so the buyer is able to discern the products covered. (2) The point in time or event when the term of the service contract commences, and its duration measured by elapsed time or an objective measure of use. (3) (A) A service contract may be offered on a month-to-month or other periodic basis and continue until canceled by the buyer or the service contractor in accordance with Section 1794.41 and, for electronic and appliance repair dealers, Section 9855.6 of the Business and Professions Code. If the service contract continues until canceled by the buyer or service contractor, the service contract shall do all of the following: (i) Disclose to the buyer in a clear and conspicuous manner that the service contract shall continue until canceled by the buyer or service contractor and require the buyer’s affirmative consent to this provision. (ii) Disclose to the buyer all alternatives that the seller offering the service contract offers, including any fixed-term service contracts or other service contract basis that does not continue until it is canceled. (iii) Provide, at a minimum, a toll-free number, email address, postal address, and, if one exists, internet website the buyer can use to cancel the service contract. Cancellation shall not require the use of more than one of these methods to be completed and shall be effective immediately upon receipt of the request for cancellation. (iv) If the service contract was entered into online, allow the buyer the option to cancel the service contract exclusively online, without engaging in any unnecessary steps that obstruct or delay the buyer’s ability to cancel the continuation of the service contract. (v) (I) Provide for a refund to the buyer of any unearned amounts in accordance with Section 1794.41 and, for electronic and appliance repair dealers, Section 9855.6 of the Business and Professions Code. (II) The amount of any refund, as well as any cancellation or administrative fees, under this paragraph shall be calculated based on the period, whether month to month or otherwise, for which payment is made and the amount of the payment for the period. (III) A written notice of cancellation other than notice required by clauses (iii) and (iv) shall not be required to obtain a refund. (B) This paragraph does not apply to vehicle service contracts. (4) If the enforceability of the service contract is limited to the original buyer or is limited to persons other than every consumer owner of the covered product during the term of the service contract, a description of the limits on transfer or assignment of the service contract. (5) A statement of the general obligation of the service contractor in the same language set forth in subdivision (b), with equally clear and conspicuous statements of the following: (A) Any services, parts, characteristics, components, properties, defects, malfunctions, causes, conditions, repairs, or remedies that are excluded from the scope of the service contract. (B) Any other limits on the application of the language in subdivision (b) such as a limit on the total number of service calls. (C) Any additional services that the service contractor will provide. (D) Whether the obligation of the service contractor includes preventive maintenance and, if so, the nature and frequency of the preventive maintenance that the service contractor will provide. (E) Whether the buyer has an obligation to provide preventive maintenance or perform any other obligations and, if so, the nature and frequency of the preventive maintenance and of any other obligations, and the consequences of any noncompliance. (6) A step-by-step explanation of the procedure that the buyer should follow in order to obtain performance of any obligation under the service contract including the following: (A) The full legal and business name of the service contractor. (B) The mailing address of the service contractor. (C) The persons or class of persons that are authorized to perform service. (D) The name or title and address of any agent, employee, or department of the service contractor that is responsible for the performance of any obligations. (E) The method of giving notice to the service contractor of the need for service. (F) Whether in-home service is provided or, if not, whether the costs of transporting the product for service or repairs will be paid by the service contractor. (G) If the product must be transported to the service contractor, either the place where the product may be delivered for service or repairs or a toll-free telephone number that the buyer may call to obtain that information. (H) All other steps that the buyer must take to obtain service. (I) All fees, charges, and other costs that the buyer must pay to obtain service. (7) An explanation of the steps that the service contractor will take to carry out its obligations under the service contract. (8) A description of any right to cancel the contract if the buyer returns the product or the product is sold, lost, stolen, or destroyed, or, if there is no right to cancel or the right to cancel is limited, a statement of the fact. (9) Information respecting the availability of any informal dispute settlement process. (d) A service contractor may cancel a service contract offered on a month-to-month or other periodic basis only if any of the following occurs: (1) The buyer fails to make timely payment. (2) The buyer is otherwise in material breach of the service contract. (3) The buyer has committed fraud in connection with the service contract. (4) (A) The service contractor or its affiliate is the obligor under the service contract, and the service contractor or its affiliate is discontinuing this category of service contract no later than 30 days after the effective date of the cancellation. (B) A cancellation or administrative fee shall not be charged to the buyer for a cancellation pursuant to this paragraph. (5) (A) Neither the seller offering the service contract nor any of its affiliates is the obligor under the service contract, and the seller is discontinuing its offering of the service contract no later than 30 days after the effective date of the cancellation in favor of a service contract with a different obligor. (B) A cancellation or administrative fee shall not be charged to the buyer for a cancellation pursuant to this paragraph. (e) As used in this section: (1) “Affiliate” means an entity that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with another specified entity. (2) (A) “Affirmative consent” means any freely given, specific, informed, and unambiguous indication of the consumer’s wishes by which the consumer, or the consumer’s legal guardian, a person who has power of attorney, or a person acting as a conservator for the consumer, including by a statement or by a clear affirmative action, signifies agreement to the continuous until canceled nature of the service contract. (B) “Affirmative consent” does not mean any of the following: (i) Acceptance of a general or broad terms of use, or similar document, that contains descriptions of the coverages under the service contract along with other, unrelated information. (ii) Hovering over, muting, pausing, or closing a given piece of content. (iii) Agreement obtained through the use of dark patterns. (f) Subdivisions (b) and (c) are applicable to service contracts on new or used home appliances and home electronic products entered into on or after July 1, 1989. They are applicable to service contracts on all other new or used products entered into on and after July 1, 1991. (g) The amendments to this section made by the act adding this subdivision are applicable only to a service contract entered into on or after January 1, 2022. (Amended by Stats. 2021, Ch. 452, Sec. 2. (AB 1221) Effective January 1, 2022.)
  78. 1794.41.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. )

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    Service contracts for certain motor vehicles, home appliances, and home electronic products may be sold only if required disclosures are included, inspection and delivery rules are met, and cancellation/refund terms are provided.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. ) ## 1794.41. (a) No service contract covering any motor vehicle, home appliance, or home electronic product purchased for use in this state may be offered for sale or sold unless all of the following elements exist: (1) The contract shall contain the disclosures specified in Section 1794.4 and shall disclose in the manner described in that section the buyer’s cancellation and refund rights provided by this section. (2) The contract shall be available for inspection by the buyer prior to purchase and either the contract, or a brochure which specifically describes the terms, conditions, and exclusions of the contract, and the provisions of this section relating to contract delivery, cancellation, and refund, shall be delivered to the buyer at or before the time of purchase of the contract. Within 60 days after the date of purchase, the contract itself shall be delivered to the buyer. If a service contract for a home appliance or a home electronic product is sold by means of a telephone solicitation, the seller may elect to satisfy the requirements of this paragraph by mailing or delivering the contract to the buyer not later than 30 days after the date of the sale of the contract. (3) The contract is applicable only to items, costs, and time periods not covered by the express warranty. However, a service contract may run concurrently with or overlap an express warranty if (A) the contract covers items or costs not covered by the express warranty or (B) the contract provides relief to the purchaser not available under the express warranty, such as automatic replacement of a product where the express warranty only provides for repair. (4) The contract shall be cancelable by the purchaser under the following conditions: (A) Unless the contract provides for a longer period, within the first 60 days after receipt of the contract, or with respect to a contract covering a used motor vehicle without manufacturer warranties, a home appliance, or a home electronic product, within the first 30 days after receipt of the contract, the full amount paid shall be refunded by the seller to the purchaser if the purchaser provides a written notice of cancellation to the person specified in the contract, and if no claims have been made against the contract. If a claim has been made against the contract either within the first 60 days after receipt of the contract, or with respect to a used motor vehicle without manufacturer warranties, home appliance, or home electronic product, within the first 30 days after receipt of the contract, a pro rata refund, based on either elapsed time or an objective measure of use, such as mileage or the retail value of any service performed, at the seller’s option as indicated in the contract, or for a vehicle service contract at the obligor’s option as determined at the time of cancellation, shall be made by the seller to the purchaser if the purchaser provides a written notice of cancellation to the person specified in the contract. (B) Unless the contract provides for a longer period for obtaining a full refund, after the first 60 days after receipt of the contract, or with respect to a contract covering a used motor vehicle without manufacturer warranties, a home appliance, or a home electronic product, after the first 30 days after the receipt of the contract, a pro rata refund, based on either elapsed time or an objective measure of use, such as mileage or the retail value of any service performed, at the seller’s option as indicated in the contract, or for a vehicle service contract at the obligor’s option as determined at the time of cancellation, shall be made by the seller to the purchaser if the purchaser provides a written notice of cancellation to the person specified in the contract. In addition, the seller may assess a cancellation or administrative fee, not to exceed 10 percent of the price of the service contract or twenty-five dollars ($25), whichever is less. (C) If the purchase of the service contract was financed, the seller may make the refund payable to the purchaser, the assignee, or lender of record, or both. (b) Nothing in this section shall apply to a home protection plan that is issued by a home protection company which is subject to Part 7 (commencing with Section 12740) of Division 2 of the Insurance Code. (c) If any provision of this section conflicts with any provision of Part 8 (commencing with Section 12800) of Division 2 of the Insurance Code, the provision of the Insurance Code shall apply instead of this section. (Amended by Stats. 2010, Ch. 543, Sec. 7. (AB 2111) Effective January 1, 2011.)
  79. 1794.45.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. )

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    A retailer selling certain service contracts must either keep contract information and give it to the purchaser or beneficiary on request, or provide a copy of the contract within 10 business days after a request.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. ) ## 1794.45. (a) A retailer that sells a service contract pursuant to Section 1794.4 shall do either of the following during the period that the service contract is in effect: (1) Maintain contract information that includes a description of the terms and conditions of the service contract, and provide that information to the purchaser of the service contract or other beneficiary upon request. (2) Upon request from the purchaser of the service contract or other beneficiary, obtain a copy of the service contract, and provide that copy to the requester within 10 business days after receiving the request. (b) This section shall not apply to a vehicle service contract, as defined in subdivision (c) of Section 12800 of the Insurance Code. (Added by Stats. 2009, Ch. 74, Sec. 1. (AB 63) Effective January 1, 2010.)
  80. 1794.5.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. )

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    A manufacturer making express warranties may suggest how service and repair should be done, as long as the suggestions follow the warranty terms and do not replace methods required by this chapter.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. ) ## 1794.5. The provisions of this chapter shall not preclude a manufacturer making express warranties from suggesting methods of effecting service and repair, in accordance with the terms and conditions of the express warranties, other than those required by this chapter. (Added by Stats. 1970, Ch. 1333.)
  81. 1795.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. )

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    If someone other than the manufacturer gives an express warranty for goods, that person's obligation is the same as the manufacturer's under this chapter.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. ) ## 1795. If express warranties are made by persons other than the manufacturer of the goods, the obligation of the person making such warranties shall be the same as that imposed on the manfacturer under this chapter. (Added by Stats. 1970, Ch. 1333.)
  82. 1795.1.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. )

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    This chapter applies to equipment and to mechanical, electrical, or thermal components of air-conditioning, heating, or similar systems, but not to the system as a whole when it is a fixed part of a structure.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. ) ## 1795.1. This chapter shall apply to any equipment or mechanical, electrical, or thermal component of a system designed to heat, cool, or otherwise condition air, but, with that exception, shall not apply to the system as a whole where such a system becomes a fixed part of a structure. (Amended by Stats. 1983, Ch. 728, Sec. 1.)
  83. 1795.4.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. )

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    This section extends warranty rights and duties to leases of consumer goods and defines when a lessor may disclaim warranties on a re-lease.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. ) ## 1795.4. For the purposes of this chapter only, the following rules apply to leases of both new and used consumer goods: (a) If express warranties are regularly furnished to purchasers of substantially the same kind of goods, (1) those warranties will be deemed to apply to the leased goods and (2) the lessor and lessee shall each be deemed to be the first purchaser of the goods for the purpose of any warranty provision limiting warranty benefits to the original purchaser. (b) The lessee of goods has the same rights under this chapter against the manufacturer and any person making express warranties that the lessee would have had under this chapter if the goods had been purchased by the lessee, and the manufacturer and any person making express warranties have the same duties and obligations under this chapter with respect to the goods that such manufacturer and other person would have had under this chapter if the goods had been sold to the lessee. (c) If a lessor leases goods to a lessee from the lessor’s inventory, the lessee has the same rights under this chapter against the lessor that the lessee would have had if the goods had been purchased by the lessee, and the lessor has the same duties and obligations under this chapter with respect to the goods that the lessor would have had under this chapter if the goods had been sold to the lessee. For purposes of this section, “inventory” shall include both goods in the lessor’s possession prior to negotiation of the lease and goods ordered from another party in order to lease those goods to the lessee where the lessor is a dealer in goods of that type. (d) If a lessor leases goods to a lessee which the lessor acquires other than from the lessor’s inventory, the lessee has the same rights under this chapter against the seller of the goods to the lessor that the lessee would have had under this chapter if the goods had been purchased by the lessee from the seller, and the seller of the goods to the lessor has the same duties and obligations under this chapter with respect to the goods that the seller would have had under this chapter if the goods had been purchased by the lessee from the seller. (e) A lessor who re-leases goods to a new lessee and does not retake possession of the goods prior to consummation of the re-lease may, notwithstanding the provisions of Section 1793, disclaim as to that lessee any and all warranties created by this chapter by conspicuously disclosing in the lease that these warranties are disclaimed. (f) A lessor who has obligations to the lessee with relation to warranties in connection with a lease of goods and the seller of goods to a lessor have the same rights and remedies against the manufacturer and any person making express warranties that a seller of the goods would have had if the seller had sold the goods to the lessee. (Added by Stats. 1984, Ch. 1169, Sec. 2.)
  84. 1795.5.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. )

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    A distributor or retail seller giving express warranties on used consumer goods must keep enough service and repair facilities in-state to perform those warranties, and the implied warranty period is tied to the express warranty but cannot be less than 30 days or more than three months.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. ) ## 1795.5. Notwithstanding the provisions of subdivision (a) of Section 1791 defining consumer goods to mean “new” goods, the obligation of a distributor or retail seller of used consumer goods in a sale in which an express warranty is given shall be the same as that imposed on manufacturers under this chapter except: (a) It shall be the obligation of the distributor or retail seller making express warranties with respect to used consumer goods (and not the original manufacturer, distributor, or retail seller making express warranties with respect to such goods when new) to maintain sufficient service and repair facilities within this state to carry out the terms of such express warranties. (b) The provisions of Section 1793.5 shall not apply to the sale of used consumer goods sold in this state. (c) The duration of the implied warranty of merchantability and where present the implied warranty of fitness with respect to used consumer goods sold in this state, where the sale is accompanied by an express warranty, shall be coextensive in duration with an express warranty which accompanies the consumer goods, provided the duration of the express warranty is reasonable, but in no event shall such implied warranties have a duration of less than 30 days nor more than three months following the sale of used consumer goods to a retail buyer. Where no duration for an express warranty is stated with respect to such goods, or parts thereof, the duration of the implied warranties shall be the maximum period prescribed above. (d) The obligation of the distributor or retail seller who makes express warranties with respect to used goods that are sold in this state, shall extend to the sale of all such used goods, regardless of when such goods may have been manufactured. (Amended by Stats. 1983, Ch. 728, Sec. 2.)
  85. 1795.51.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. )

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    Buy-here-pay-here dealers must give a written warranty when selling or leasing certain used vehicles, cover specified repairs, and provide refund or cancellation remedies if the vehicle does not conform.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. ) ## 1795.51. (a) No buy-here-pay-here dealer, as that term is defined in Section 241 of the Vehicle Code, shall sell or lease a used vehicle, as defined in Section 665 of the Vehicle Code, 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, whichever occurs first. (b) The written warranty shall provide that if the buyer or lessee notifies the buy-here-pay-here dealer that the vehicle does not conform to the written warranty, the buy-here-pay-here dealer shall either repair the vehicle to conform to the written warranty, reimburse the buyer or lessee for the reasonable cost of repairs, or cancel the sale or lease contract and provide the buyer or lessee with a full refund, less a reasonable amount for any damage sustained by the vehicle after the sale or lease, excepting damage caused by any nonconformity with the written warranty. (c) The written warranty shall provide that the buy-here-pay-here dealer shall pay 100 percent of the cost of labor and parts for any repairs pursuant to the warranty, and may not charge the buyer or lessee for the cost of repairs or for inspecting the vehicle, tearing down the engine or transmission or other part, or for any deductible. Any person performing repairs pursuant to this subdivision shall comply with the requirements of an automotive repair dealer pursuant to Chapter 20.3 (commencing with Section 9880) of Division 3 of the Business and Professions Code. (d) The buy-here-pay-here dealer or its agent may elect to refund the buyer or lessee a full refund, less a reasonable amount for any damage sustained by the vehicle after the sale or lease, excepting damage caused by any nonconformity with the written warranty, rather than performing a repair. In the event that the buy-here-pay-here dealer cancels the sale or lease, all of the following shall apply: (1) The buy-here-pay-here dealer shall give written notice to the buyer or lessee of the election to cancel the sale or lease by personal delivery or first-class mail. (2) The buyer or lessee shall return the vehicle in substantially the same condition as when it was delivered by the buy-here-pay-here dealer, reasonable wear and tear and any nonconformity with the written warranty excepted. (3) The buy-here-pay-here dealer shall provide the buyer or lessee with a receipt stating all of the following: (A) The date the vehicle was returned to the buy-here-pay-here dealer. (B) The vehicle identification number. (C) The make, year, and model of the vehicle. (D) The odometer reading at the time that the vehicle was returned to the buy-here-pay-here dealer. (E) A statement that the buy-here-pay-here dealer has canceled the sale or lease. (F) The amount of the buyer’s or lessee’s refund. (4) The buy-here-pay-here dealer shall not treat the return of the vehicle pursuant to the contract cancellation provisions of this subdivision as a repossession. (5) The buyer or lessee shall execute the documents necessary to transfer any interest in the vehicle to the buy-here-pay-here dealer or to remove the buyer or lessee from any registration or title documents. (6) The buy-here-pay-here dealer shall refund to the buyer or lessee, no later than the day after the day on which the buyer or lessee returns the vehicle and the notice of election to cancel is given to the buyer or lessee, all amounts paid under the sale or lease agreement, less a reasonable amount for property damage sustained by the vehicle after the sale or lease, excepting damage caused by any nonconformity with the warranty. (e) The written warranty shall cover at least the following components: (1) Engine, including all internally lubricated parts. (2) Transmission and transaxle. (3) Front and rear wheel drive components. (4) Engine cooling system. (5) Alternator, generator, starter, and ignition system, not including the battery. (6) Braking system. (7) Front and rear suspension systems. (8) Steering system and components. (9) Seatbelts. (10) Inflatable restraint systems installed on the vehicle as originally manufactured. (11) Catalytic converter and other emissions components necessary for the vehicle to pass a California emissions test. (12) Heater. (13) Seals and gaskets on components described in this subdivision. (14) Electrical, electronic, and computer components, to the extent that those components substantially affect the functionality of other components described in this subdivision. (f) Any Used Car Buyer’s Guide displayed on a vehicle offered for sale or lease by a buy-here-pay-here dealer shall list each of the above systems and components and shall specify that the buy-here-pay-here dealer will pay 100 percent of the cost of parts and labor for repairs covered by the warranty. (g) The buy-here-pay-here dealer shall make the repair or provide a refund notwithstanding the fact that the warranty period has expired if the buyer or lessee notified the buy-here-pay-here dealer of the failure of a covered system or part within the warranty period. (h) This section shall not apply to any defect or nonconformity caused by the unauthorized or unreasonable use of the vehicle following the sale, or to any property damage not to the vehicle arising out of the failure of a covered part. (i) In any proceeding in which the exclusion of coverage permitted by subdivision (h) or the deduction allowed by paragraph (6) of subdivision (d) is an issue, the buy-here-pay-here dealer shall have the burden of proof. (j) A buy-here-pay-here dealer shall not sell or lease any vehicle unless the vehicle meets all of the equipment requirements of Division 12 (commencing with Section 24000) of the Vehicle Code. (k) Any agreement between a buy-here-pay-here dealer and a buyer or lessee that disclaims, limits, or waives the rights set forth in this section shall be void as contrary to public policy. (l) If a buy-here-pay-here dealer fails to give a buyer a written warranty pursuant to this section, the buy-here-pay-here dealer shall be deemed to have provided the warranty as a matter of law. (Added by Stats. 2012, Ch. 740, Sec. 2. (AB 1447) Effective January 1, 2013.)
  86. 1795.6.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. )

    Verify source ↗

    This section pauses certain warranty periods for consumer goods costing $50 or more while the goods are being repaired or serviced, and it requires specific receipts or work orders to be given to the buyer.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. ) ## 1795.6. (a) (1) Except as provided in paragraph (2) warranty period relating to an implied or express warranty accompanying a sale or consignment for sale of consumer goods selling for fifty dollars ($50) or more shall automatically be tolled for the period from the date upon which the buyer either (1) delivers nonconforming goods to the manufacturer or seller for warranty repairs or service or (2), pursuant to subdivision (c) of Section 1793.2 or Section 1793.22, notifies the manufacturer or seller of the nonconformity of the goods up to, and including, the date upon which (1) the repaired or serviced goods are delivered to the buyer, (2) the buyer is notified the goods are repaired or serviced and are available for the buyer’s possession or (3) the buyer is notified that repairs or service is completed, if repairs or service is made at the buyer’s residence. (2) With respect to hearing aids, the warranty period shall resume on the date upon which (1) the repaired or serviced hearing aid is delivered to the buyer or (2) five days after the buyer is notified the hearing aid is repaired or serviced and is available for the buyer’s possession, whichever is earlier. (b) Notwithstanding the date or conditions set for the expiration of the warranty period, such warranty period shall not be deemed expired if either or both of the following situations occur: (1) after the buyer has satisfied the requirements of subdivision (a), the warranty repairs or service has not been performed due to delays caused by circumstances beyond the control of the buyer or (2) the warranty repairs or service performed upon the nonconforming goods did not remedy the nonconformity for which such repairs or service was performed and the buyer notified the manufacturer or seller of this failure within 60 days after the repairs or service was completed. When the warranty repairs or service has been performed so as to remedy the nonconformity, the warranty period shall expire in accordance with its terms, including any extension to the warranty period for warranty repairs or service. (c) For purposes of this section only, “manufacturer” includes the manufacturer’s service or repair facility. (d) (1) Except as provided in paragraph (2), every manufacturer or seller of consumer goods selling for fifty dollars ($50) or more shall provide a receipt to the buyer showing the date of purchase. Every manufacturer or seller performing warranty repairs or service on the goods shall provide to the buyer a work order or receipt with the date of return and either the date the buyer was notified that the goods were repaired or serviced or, where applicable, the date the goods were shipped or delivered to the buyer. (2) With respect to hearing aids, the seller, after receiving the hearing aid for warranty repairs or service, shall also provide at the time of delivery to the buyer a work order or receipt with the following: (1) the date the warranty period resumes and (2) the revised expiration date of the warranty, as adjusted to reflect the suspension of the warranty period provided under this section. (Amended by Stats. 2014, Ch. 226, Sec. 2. (SB 1326) Effective January 1, 2015.)
  87. 1795.7.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. )

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    A manufacturer’s warranty liability is extended when warranty repairs or service by a retail seller toll the warranty.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. ) ## 1795.7. Whenever a warranty, express or implied, is tolled pursuant to Section 1795.6 as a result of repairs or service performed by any retail seller, the warranty shall be extended with regard to the liability of the manufacturer to a retail seller pursuant to law. In such event, the manufacturer shall be liable in accordance with the provisions of Section 1793.5 for the period that an express warranty has been extended by virtue of Section 1795.6 to every retail seller who incurs obligations in giving effect to such express warranty. The manufacturer shall also be liable to every retail seller for the period that an implied warranty has been extended by virtue of Section 1795.6, in the same manner as he would be liable under Section 1793.5 for an express warranty. If a manufacturer provides for warranty repairs and service through its own service and repair facilities and through independent repair facilities in the state, its exclusive liability pursuant to this section shall be to such facilities. (Added by Stats. 1974, Ch. 844.)
  88. 1795.8.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. )

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    This chapter applies to certain U.S. motor vehicle purchases by Armed Forces members with a manufacturer’s express warranty, even if the vehicle is bought or registered in another state, if the stated conditions are met.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1. Consumer Warranty Protection [1790 - 1795.8] ( Chapter 1 added by Stats. 1970, Ch. 1333. ) ## ARTICLE 3. Sale Warranties [1792 - 1795.8] ( Article 3 added by Stats. 1970, Ch. 1333. ) ## 1795.8. Notwithstanding any other provision of law, this chapter shall apply to a purchase in the United States of a motor vehicle, as defined in paragraph (2) of subdivision (e) of Section 1793.22, with a manufacturer’s express warranty by a member of the Armed Forces regardless of in which state his or her motor vehicle is purchased or registered, if both of the following apply: (a) The member of the Armed Forces purchases a motor vehicle, as defined in paragraph (2) of subdivision (e) of Section 1793.22, with a manufacturer’s express warranty from a manufacturer who sells motor vehicles in this state or from an agent or representative of that manufacturer. (b) The member of the Armed Forces was stationed in or a resident of this state at the time he or she purchased the motor vehicle or at the time he or she filed an action pursuant to this chapter. (Added by Stats. 2007, Ch. 151, Sec. 2. Effective January 1, 2008.)
  89. 1795.90.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1.5. Motor Vehicle Warranty Adjustment Programs [1795.90 - 1795.93] ( Chapter 1.5 added by Stats. 1993, Ch. 814, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the chapter on motor vehicle warranty adjustment programs.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1.5. Motor Vehicle Warranty Adjustment Programs [1795.90 - 1795.93] ( Chapter 1.5 added by Stats. 1993, Ch. 814, Sec. 1. ) ## 1795.90. For purposes of this chapter: (a) “Consumer” means the purchaser, other than for purposes of resale, of a motor vehicle, a lessee of a motor vehicle, any person to whom the motor vehicle is transferred during the duration of an express warranty applicable to that motor vehicle, and any person entitled by the terms of the warranty to enforce the obligations of the warranty. (b) “Manufacturer” means any person, firm, or corporation, whether resident or nonresident, that manufactures or assembles motor vehicles for sale or distribution in this state. In the case of motor vehicles not manufactured in the United States, the term “manufacturer” shall also include any person, firm, or corporation that is engaged in the business of importing motor vehicles. (c) “Dealer” means any person, firm, or corporation selling or agreeing to sell in this state one or more new motor vehicles under a retail agreement with a manufacturer, manufacturer branch, distributor, distributor branch, or agent of any of them. (d) “Adjustment program” means any program or policy that expands or extends the consumer’s warranty beyond its stated limit or under which a manufacturer offers to pay for all or any part of the cost of repairing, or to reimburse consumers for all or any part of the cost of repairing, any condition that may substantially affect vehicle durability, reliability, or performance, other than service provided under a safety or emission-related recall campaign. “Adjustment program” does not include ad hoc adjustments made by a manufacturer on a case-by-case basis. (e) “Motor vehicle” means a motor vehicle, excluding motorcycles, motor homes, and off-road vehicles, which is registered in this state. (f) “Lessee” means any person who leases a motor vehicle pursuant to a written lease which provides that the lessee is responsible for repairs to the motor vehicle. (g) “Service bulletin” means any notice issued by a manufacturer and filed with the National Highway Traffic Safety Administration relating to vehicle durability, reliability, or performance. (Added by Stats. 1993, Ch. 814, Sec. 1. Effective January 1, 1994.)
  90. 1795.91.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1.5. Motor Vehicle Warranty Adjustment Programs [1795.90 - 1795.93] ( Chapter 1.5 added by Stats. 1993, Ch. 814, Sec. 1. )

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    Dealers must give prospective purchasers and lessees notice explaining how to get copies of service bulletins, and must disclose certain adjustment-program terms to consumers seeking repairs when the dealer has received a related service bulletin.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1.5. Motor Vehicle Warranty Adjustment Programs [1795.90 - 1795.93] ( Chapter 1.5 added by Stats. 1993, Ch. 814, Sec. 1. ) ## 1795.91. Dealers shall have the following duties: (a) A dealer shall provide notice to prospective purchasers and lessees that provides information on how to get copies of service bulletins. This notice shall not be construed as an admission by the dealer or manufacturer of the existence or nonexistence of a vehicle defect. The notice shall be deemed sufficient if posted in the showroom or other area conspicuous to motor vehicle purchasers and written in the following form: FEDERAL LAW REQUIRES MANUFACTURERS TO FURNISH THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION (NHTSA) WITH BULLETINS DESCRIBING ANY DEFECTS IN THEIR VEHICLES. THESE BULLETINS ARE NOT RECALLS. YOU MAY OBTAIN COPIES OF THESE TECHNICAL SERVICE BULLETINS FROM THE NHTSA, THE MANUFACTURER (ASK YOUR DEALER FOR THE TOLL-FREE NUMBER), OR CERTAIN CONSUMER PUBLICATIONS, WHICH PUBLISH THESE BULLETINS. SOME COMPANIES WILL SEND THEM TO YOU, FOR A FEE. (b) A dealer shall disclose to a consumer seeking repairs for a particular condition at its repair shop, the principal terms and conditions of the manufacturer’s adjustment program covering the condition if the dealer has received a service bulletin concerning the adjustment program. (Amended by Stats. 2019, Ch. 490, Sec. 1. (AB 596) Effective January 1, 2020.)
  91. 1795.92.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1.5. Motor Vehicle Warranty Adjustment Programs [1795.90 - 1795.93] ( Chapter 1.5 added by Stats. 1993, Ch. 814, Sec. 1. )

    Verify source ↗

    Manufacturers must give notices about an adjustment program, notify dealers, and provide reimbursement procedures for eligible consumers.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1.5. Motor Vehicle Warranty Adjustment Programs [1795.90 - 1795.93] ( Chapter 1.5 added by Stats. 1993, Ch. 814, Sec. 1. ) ## 1795.92. Manufacturers shall have the following duties: (a) A manufacturer shall, within 90 days of the adoption of an adjustment program, subject to priority for safety or emission-related recalls, notify by first-class mail all owners or lessees of motor vehicles eligible under the program of the condition giving rise to and the principal terms and conditions of the program. (b) Copies of all notices mailed in accordance with subdivision (a) shall be sent to the New Motor Vehicle Board within the Department of Motor Vehicles and made available for public inquiries. (c) A manufacturer shall, within 30 days of the adoption of any new adjustment program, notify its dealers, in writing, of all the terms and conditions thereof. (d) A manufacturer who establishes an adjustment program shall implement procedures to assure reimbursement of each consumer eligible under an adjustment program who incurs expenses for repair of a condition subject to the program prior to acquiring knowledge of the program. The reimbursement shall be consistent with the terms and conditions of the particular program. The manufacturer shall notify the consumer within 21 business days of receiving a claim for reimbursement whether the claim will be allowed or denied. If the claim is denied, the specific reasons for the denial shall be stated in writing. (e) Any consumer who, prior to acquiring knowledge of an adjustment program, incurs expenses for repair of a condition subject to the adjustment program may file a claim for reimbursement under subdivision (d). The claim shall be made in writing to the manufacturer within two years of the date of the consumer’s payment for repair of the condition. (Added by Stats. 1993, Ch. 814, Sec. 1. Effective January 1, 1994.)
  92. 1795.93.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1.5. Motor Vehicle Warranty Adjustment Programs [1795.90 - 1795.93] ( Chapter 1.5 added by Stats. 1993, Ch. 814, Sec. 1. )

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    This section says the chapter does not limit any other remedy available by law to a consumer or lessee.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 1.5. Motor Vehicle Warranty Adjustment Programs [1795.90 - 1795.93] ( Chapter 1.5 added by Stats. 1993, Ch. 814, Sec. 1. ) ## 1795.93. Nothing in this chapter shall be construed to exclude, modify, or otherwise limit any other remedy provided by law to a consumer or lessee. (Added by Stats. 1993, Ch. 814, Sec. 1. Effective January 1, 1994.)
  93. 1796.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 2. Standards for Warranty Work [1796 - 1796.5] ( Chapter 2 added by Stats. 1978, Ch. 991. )

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    Businesses that install new or used consumer goods must do the work in a good and workmanlike manner.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 2. Standards for Warranty Work [1796 - 1796.5] ( Chapter 2 added by Stats. 1978, Ch. 991. ) ## 1796. Any individual, partnership, corporation, association, or other legal relationship which engages in the business of installing new or used consumer goods, has a duty to the buyer to install them in a good and workmanlike manner. (Added by Stats. 1978, Ch. 991.)
  94. 1796.5.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 2. Standards for Warranty Work [1796 - 1796.5] ( Chapter 2 added by Stats. 1978, Ch. 991. )

    Verify source ↗

    Service and repair providers for new or used consumer goods must perform those services in a good and workmanlike manner.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 2. Standards for Warranty Work [1796 - 1796.5] ( Chapter 2 added by Stats. 1978, Ch. 991. ) ## 1796.5. Any individual, partnership, corporation, association, or other legal relationship which engages in the business of providing service or repair to new or used consumer goods has a duty to the purchaser to perform those services in a good and workmanlike manner. (Added by Stats. 1978, Ch. 991.)
  95. 1797.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 3. Mobilehome Warranties [1797 - 1797.7] ( Chapter 3 added by Stats. 1971, Ch. 1492. )

    Verify source ↗

    New mobilehomes and manufactured homes sold to a buyer must be covered by the warranty in this chapter.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 3. Mobilehome Warranties [1797 - 1797.7] ( Chapter 3 added by Stats. 1971, Ch. 1492. ) ## 1797. All new mobilehomes and manufactured homes sold to a buyer shall be covered by the warranty set forth in this chapter. (Amended by Stats. 1982, Ch. 730, Sec. 1.)
  96. 1797.1.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 3. Mobilehome Warranties [1797 - 1797.7] ( Chapter 3 added by Stats. 1971, Ch. 1492. )

    Verify source ↗

    This section defines key terms used in the chapter on mobilehome warranties.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 3. Mobilehome Warranties [1797 - 1797.7] ( Chapter 3 added by Stats. 1971, Ch. 1492. ) ## 1797.1. As used in this chapter: (a) “Contractor” means any person who is a general building contractor within the meaning of Section 7057 of the Business and Professions Code. (b) “Dealer” means any person who is a dealer within the meaning of Section 18002.6 of the Health and Safety Code. (c) “Mobilehome” and “manufactured home” have the meanings, respectively, defined in Sections 18007 and 18008 of the Health and Safety Code. (d) “Substantial defects in materials and workmanship” means defects objectively manifested by broken, ripped, cracked, stained, or missing parts or components, or workmanship resulting in improper function of materials, components, appliances, or systems as installed or manufactured by the contractor, dealer, or manufacturer. (Amended by Stats. 1993, Ch. 458, Sec. 1. Effective January 1, 1994.)
  97. 1797.2.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 3. Mobilehome Warranties [1797 - 1797.7] ( Chapter 3 added by Stats. 1971, Ch. 1492. )

    Verify source ↗

    This section makes the chapter’s warranty apply to mobilehome or manufactured home manufacturers, and to contractors or dealers who sell the home to the buyer.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 3. Mobilehome Warranties [1797 - 1797.7] ( Chapter 3 added by Stats. 1971, Ch. 1492. ) ## 1797.2. (a) The warranty provided for in this chapter shall apply to the manufacturer of the mobilehome or the manufactured home as well as to the contractor or dealer who sells the mobilehome or the manufactured home to the buyer. The warranty shall cover the electrical, plumbing, heating, cooling, fire safety, and structural systems, and all appliances of the mobilehome or manufactured home as installed or manufactured by the contractor, dealer, or manufacturer. (b) Where a manufacturer sells a mobilehome or manufactured home directly to a city, city and county, or other public agency pursuant to the exception established in Section 18015.7, the manufacturer shall be responsible for providing the warranty required by this chapter. (Amended by Stats. 1995, Ch. 185, Sec. 1. Effective January 1, 1996.)
  98. 1797.3.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 3. Mobilehome Warranties [1797 - 1797.7] ( Chapter 3 added by Stats. 1971, Ch. 1492. )

    Verify source ↗

    The warranty for a mobilehome or manufactured home must be given in a separate written document and delivered at sale signing, and the contractor, manufacturer, or dealer must provide corrective action for qualifying defects.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 3. Mobilehome Warranties [1797 - 1797.7] ( Chapter 3 added by Stats. 1971, Ch. 1492. ) ## 1797.3. The mobilehome/manufactured home warranty from the contractor, manufacturer, or dealer to the buyer shall be set forth in a separate written document that reprints all of the provisions of this chapter and shall be delivered to the buyer by the contractor or dealer at the time the contract of sale is signed, and shall contain, but is not limited to, the following terms: (a) That the mobilehome or manufactured home is free from any substantial defects in materials or workmanship. (b) That the contractor, manufacturer, or dealer or any or all of them shall take appropriate corrective action at the site of the mobilehome or manufactured home in instances of substantial defects in materials or workmanship which become evident within one year from the date of delivery of the mobilehome or manufactured home to the buyer, provided the buyer or his or her transferee gives written notice of those defects to the contractor, manufacturer, or dealer at their business address not later than one year and 10 days after date of delivery. (c) That the manufacturer and the contractor or dealer shall be jointly and severally liable to the buyer for the fulfillment of the terms of warranty, and that the buyer may notify either one or both of the need for appropriate corrective action in instances of substantial defects in materials or workmanship. (d) That the address and the phone number of where to mail or deliver written notices of defects shall be set forth in the document. (e) That the one-year warranty period applies to the plumbing, heating, electrical, cooling, fire safety, and structural systems and all appliances of the mobilehome or manufactured home. (f) That, while the manufacturers of any or all appliances may also issue their own warranties, the primary responsibility for appropriate corrective action under the warranty rests with the contractor or dealer and the manufacturer, and the buyer should report all complaints to the contractor or dealer and the manufacturer initially. (g) That, if corrective action taken by the manufacturer or the contractor or dealer fails to eliminate a substantial defect, then the material, system, appliance, or component shall be replaced in kind. As used in this subdivision, “replaced in kind” means (1) replacement with the identical material, system, appliance, or component, and, if not available (2) replacement with a comparable or better material, system, appliance, or component. (Amended by Stats. 1993, Ch. 458, Sec. 3. Effective January 1, 1994.)
  99. 1797.4.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 3. Mobilehome Warranties [1797 - 1797.7] ( Chapter 3 added by Stats. 1971, Ch. 1492. )

    Verify source ↗

    This section says the chapter’s warranty adds to, and does not replace, other rights the buyer may have. It also forbids the contractor, manufacturer, or dealer from making the buyer waive those rights.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 3. Mobilehome Warranties [1797 - 1797.7] ( Chapter 3 added by Stats. 1971, Ch. 1492. ) ## 1797.4. The warranty under this chapter shall be in addition to, and not in derogation of, all other rights and privileges which the buyer may have under any other law or instrument. The contractor, manufacturer, or dealer shall not require the buyer to waive his or her rights under this chapter, and any waiver of these rights shall be deemed contrary to public policy and shall be unenforceable and void. (Amended by Stats. 1993, Ch. 458, Sec. 4. Effective January 1, 1994.)
  100. 1797.5.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 3. Mobilehome Warranties [1797 - 1797.7] ( Chapter 3 added by Stats. 1971, Ch. 1492. )

    Verify source ↗

    Contractors and dealers must display and post a copy of the warranty provisions required by this chapter.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 3. Mobilehome Warranties [1797 - 1797.7] ( Chapter 3 added by Stats. 1971, Ch. 1492. ) ## 1797.5. Every contractor or dealer shall display a copy of all of the warranty provisions required by this chapter. The copy of the warranty provisions required by this chapter shall be posted in each area where purchase orders and conditional sales contracts are written. (Amended by Stats. 1993, Ch. 458, Sec. 5. Effective January 1, 1994.)
  101. 1797.6.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 3. Mobilehome Warranties [1797 - 1797.7] ( Chapter 3 added by Stats. 1971, Ch. 1492. )

    Verify source ↗

    Manufacturers, contractors, and dealers must keep chapter-related records, including correspondence with the buyer, for three years from delivery.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 3. Mobilehome Warranties [1797 - 1797.7] ( Chapter 3 added by Stats. 1971, Ch. 1492. ) ## 1797.6. Manufacturers, contractors, and dealers shall keep records of all actions taken pursuant to this chapter, including all correspondence to or from the buyer for a period of three years from the date of delivery. (Amended by Stats. 1993, Ch. 458, Sec. 6. Effective January 1, 1994.)
  102. 1797.7.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 3. Mobilehome Warranties [1797 - 1797.7] ( Chapter 3 added by Stats. 1971, Ch. 1492. )

    Verify source ↗

    The contractor, dealer, or manufacturer must complete warranty service to fix all substantial defects within 90 days after receiving the buyer’s written notice, unless circumstances beyond their control prevent it.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 3. Mobilehome Warranties [1797 - 1797.7] ( Chapter 3 added by Stats. 1971, Ch. 1492. ) ## 1797.7. The contractor, dealer, or manufacturer shall complete warranty service to correct all substantial defects within 90 days of receiving the buyer’s written notice specified in subdivision (b) of Section 1797.3, unless there are circumstances which are beyond the control of the contractor, dealer, or manufacturer. (Amended by Stats. 1993, Ch. 458, Sec. 7. Effective January 1, 1994.)
  103. 1797.8.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 4. Grey Market Goods [1797.8 - 1797.86] ( Chapter 4 added by Stats. 1986, Ch. 1497, Sec. 2. )

    Verify source ↗

    This section defines “grey market goods” and says that, for this chapter, “sale” also includes a lease of more than four months.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 4. Grey Market Goods [1797.8 - 1797.86] ( Chapter 4 added by Stats. 1986, Ch. 1497, Sec. 2. ) ## 1797.8. (a) As used in this chapter, the term “grey market goods” means consumer goods bearing a trademark and normally accompanied by an express written warranty valid in the United States of America which are imported into the United States through channels other than the manufacturer’s authorized United States distributor and which are not accompanied by the manufacturer’s express written warranty valid in the United States. (b) As used in this chapter, the term “sale” includes a lease of more than four months. (Added by Stats. 1986, Ch. 1497, Sec. 2.)
  104. 1797.81.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 4. Grey Market Goods [1797.8 - 1797.86] ( Chapter 4 added by Stats. 1986, Ch. 1497, Sec. 2. )

    Verify source ↗

    Retail sellers offering grey market goods must display a conspicuous notice and product label or tag disclosing specified issues about the goods.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 4. Grey Market Goods [1797.8 - 1797.86] ( Chapter 4 added by Stats. 1986, Ch. 1497, Sec. 2. ) ## 1797.81. (a) Every retail seller who offers grey market goods for sale shall post a conspicuous sign at the product’s point of display and affix to the product or its package a conspicuous ticket, label, or tag disclosing any or all of the following, whichever is applicable: (1) The item is not covered by a manufacturer’s express written warranty valid in the United States (however, any implied warranty provided by law still exists). (2) The item is not compatible with United States electrical currents. (3) The item is not compatible with United States broadcast frequencies. (4) Replacement parts are not available through the manufacturer’s United States distributors. (5) Compatible accessories are not available through the manufacturer’s United States distributors. (6) The item is not accompanied by instructions in English. (7) The item is not eligible for a manufacturer’s rebate. (8) Any other incompatibility or nonconformity with relevant domestic standards known to the seller. (b) The disclosure described in paragraph (1) of subdivision (a) shall not be required to be made by a retail seller with respect to grey market goods that are accompanied by an express written warranty provided by the retail seller, provided that each of the following conditions is satisfied: (1) The protections and other benefits that are provided to the buyer by the express written warranty provided by the retail seller are equal to or better than the protections and other benefits that are provided to buyers in the United States of America by the manufacturer’s express written warranty that normally accompanies the goods. (2) The express written warranty conforms to the requirements of the Song-Beverly Consumer Warranty Act, (Chapter 1 (commencing with Section 1790)), including, but not limited to, the warranty disclosure standards specified in Section 1793.1, and the standards applicable to service and repair facilities specified in Section 1793.2. (3) The retail seller has posted a conspicuous sign at the product’s point of sale or display, or has affixed to the product or its package a conspicuous ticket, label, or tag that informs prospective buyers that copies of all of the warranties applicable to the products offered for sale by the retail seller are available to prospective buyers for inspection upon request. (4) The retail seller has complied with the provisions on presale availability of written warranties set forth in the regulations of the Federal Trade Commission adopted pursuant to the federal Magnuson-Moss Warranty-Federal Trade Commission Improvement Act (see 15 U.S.C.A. Sec. 2302(b)(1)(A) and 16 C.F.R. 702.1 et seq.). (c) Nothing in subdivision (b) shall affect the obligations of a retail seller to make the disclosures, if any, required by any other paragraph of subdivision (a). (Added by Stats. 1986, Ch. 1497, Sec. 2.)
  105. 1797.82.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 4. Grey Market Goods [1797.8 - 1797.86] ( Chapter 4 added by Stats. 1986, Ch. 1497, Sec. 2. )

    Verify source ↗

    Retail dealers selling grey market goods must disclose the Section 1797.81 disclosures in any advertisement, and the disclosure must be in conspicuous type.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 4. Grey Market Goods [1797.8 - 1797.86] ( Chapter 4 added by Stats. 1986, Ch. 1497, Sec. 2. ) ## 1797.82. Every retail dealer who offers for sale grey market goods shall be required to disclose in any advertisement of those goods the disclosures required by Section 1797.81. The disclosure shall be made in a type of conspicuous size. (Added by Stats. 1986, Ch. 1497, Sec. 2.)
  106. 1797.83.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 4. Grey Market Goods [1797.8 - 1797.86] ( Chapter 4 added by Stats. 1986, Ch. 1497, Sec. 2. )

    Verify source ↗

    A retail seller may use reasonably equivalent language in required disclosures if that helps make the disclosure clearer or more accurate.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 4. Grey Market Goods [1797.8 - 1797.86] ( Chapter 4 added by Stats. 1986, Ch. 1497, Sec. 2. ) ## 1797.83. In making the disclosures prescribed by this chapter, the retail seller may use reasonably equivalent language if necessary or appropriate to achieve a clearer, or more accurate, disclosure. (Added by Stats. 1986, Ch. 1497, Sec. 2.)
  107. 1797.84.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 4. Grey Market Goods [1797.8 - 1797.86] ( Chapter 4 added by Stats. 1986, Ch. 1497, Sec. 2. )

    Verify source ↗

    This section says the chapter does not allow sales of goods that are already prohibited by law, and the seller remains responsible for making the goods comply with applicable laws.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 4. Grey Market Goods [1797.8 - 1797.86] ( Chapter 4 added by Stats. 1986, Ch. 1497, Sec. 2. ) ## 1797.84. Nothing in this chapter shall be construed to authorize any sale of goods which is specifically prohibited by a federal or state statute or regulation or a local ordinance or regulation, or to relieve the seller of any responsibility for bringing the goods into compliance with any applicable federal or state statute or regulation or local ordinance or regulation. (Added by Stats. 1986, Ch. 1497, Sec. 2.)
  108. 1797.85.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 4. Grey Market Goods [1797.8 - 1797.86] ( Chapter 4 added by Stats. 1986, Ch. 1497, Sec. 2. )

    Verify source ↗

    A retail seller that violates this chapter is liable to the buyer for a refund or credit if the buyer returns the product and it was not used against the seller’s printed instructions.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 4. Grey Market Goods [1797.8 - 1797.86] ( Chapter 4 added by Stats. 1986, Ch. 1497, Sec. 2. ) ## 1797.85. Any retail seller who violates this chapter shall be liable to the buyer who returns the product for a refund, or credit on credit purchases, if the product purchased has not been used in a manner inconsistent with any printed instructions provided by the seller. (Added by Stats. 1986, Ch. 1497, Sec. 2.)
  109. 1797.86.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 4. Grey Market Goods [1797.8 - 1797.86] ( Chapter 4 added by Stats. 1986, Ch. 1497, Sec. 2. )

    Verify source ↗

    A violation of this chapter can be treated as unfair competition, a basis for rescission, and an unfair method of competition or deceptive practice.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 4. Grey Market Goods [1797.8 - 1797.86] ( Chapter 4 added by Stats. 1986, Ch. 1497, Sec. 2. ) ## 1797.86. Any violation of this chapter constitutes unfair competition under Section 17200 of the Business and Professions Code, grounds for rescission under Section 1689 of this code, and an unfair method of competition or deceptive practice under Section 1770 of this code. (Added by Stats. 1986, Ch. 1497, Sec. 2.)
  110. 1797.90.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 5. Home Roof Warranties [1797.90 - 1797.96] ( Chapter 5 added by Stats. 1993, Ch. 835, Sec. 1. )

    Verify source ↗

    This chapter applies to roofing-material contracts and warranties, and to contracts and warranties for installing, repairing, or replacing a roof on a residential structure, including a manufactured home or mobilehome.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 5. Home Roof Warranties [1797.90 - 1797.96] ( Chapter 5 added by Stats. 1993, Ch. 835, Sec. 1. ) ## 1797.90. This chapter shall apply to all contracts and warranties for roofing materials used on a residential structure, including, but not limited to, a manufactured home or mobilehome, and to all contracts and warranties for the installation, repair, or replacement of all or any portion of the roof of a residential structure, including, but not limited to, a manufactured home or mobilehome. (Added by Stats. 1993, Ch. 835, Sec. 1. Effective January 1, 1994.)
  111. 1797.91.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 5. Home Roof Warranties [1797.90 - 1797.96] ( Chapter 5 added by Stats. 1993, Ch. 835, Sec. 1. )

    Verify source ↗

    Roofing contracts covered by this section must be in writing if they include a warranty that lasts beyond completion of the work.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 5. Home Roof Warranties [1797.90 - 1797.96] ( Chapter 5 added by Stats. 1993, Ch. 835, Sec. 1. ) ## 1797.91. Any contract for roofing materials, or for the installation, repair, or replacement of all or any portion of the roof of a residential structure, including, but not limited to, a manufactured home or mobilehome, shall be in writing if the contract includes any warranty of the materials or workmanship that extends for any period of time beyond completion of the work. (Added by Stats. 1993, Ch. 835, Sec. 1. Effective January 1, 1994.)
  112. 1797.92.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 5. Home Roof Warranties [1797.90 - 1797.96] ( Chapter 5 added by Stats. 1993, Ch. 835, Sec. 1. )

    Verify source ↗

    For covered home roof warranty contracts, later purchasers and transferees of the residential structure can directly enforce the warranty unless the contract clearly says transferability is limited.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 5. Home Roof Warranties [1797.90 - 1797.96] ( Chapter 5 added by Stats. 1993, Ch. 835, Sec. 1. ) ## 1797.92. For any contract subject to this chapter that is entered into on or after January 1, 1994, the warranty obligations shall inure to the benefit of, and shall be directly enforceable by, all subsequent purchasers and transferees of the residential structure, without limitation, unless the contract contains a clear and conspicuous provision limiting transferability of the warranty. (Added by Stats. 1993, Ch. 835, Sec. 1. Effective January 1, 1994.)
  113. 1797.93.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 5. Home Roof Warranties [1797.90 - 1797.96] ( Chapter 5 added by Stats. 1993, Ch. 835, Sec. 1. )

    Verify source ↗

    A warranty that uses “lifetime,” “life,” or similar wording must clearly and prominently disclose what “life” means.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 5. Home Roof Warranties [1797.90 - 1797.96] ( Chapter 5 added by Stats. 1993, Ch. 835, Sec. 1. ) ## 1797.93. If any warranty subject to this chapter, uses the term “lifetime,” “life,” or a similar representation to describe the duration of the warranty, then the warranty shall disclose with such clarity and prominence as will be noticed and understood by prospective purchasers, the life to which the representation refers. (Added by Stats. 1993, Ch. 835, Sec. 1. Effective January 1, 1994.)
  114. 1797.94.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 5. Home Roof Warranties [1797.90 - 1797.96] ( Chapter 5 added by Stats. 1993, Ch. 835, Sec. 1. )

    Verify source ↗

    Home roof warranties generally benefit and are directly enforceable by later purchasers and transferees, unless the warranty includes a transferability limit.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 5. Home Roof Warranties [1797.90 - 1797.96] ( Chapter 5 added by Stats. 1993, Ch. 835, Sec. 1. ) ## 1797.94. Any warranty subject to this chapter, shall inure to the benefit of, and shall be directly enforceable by, all subsequent purchasers and transferees of the residential structure, without limitation, unless the warranty contains a provision limiting transferability of the warranty. A provision limiting transferability shall be set forth at the top of the first page of the warranty in 14-point boldface type, and shall be enclosed in a rectangular box in at least 4-point type. (b) Any disclosure required by Section 1797.93 shall also be set forth at the top of the first page of the warranty in 14-point boldface type, and shall be enclosed in a rectangular box in at least 4-point type. This disclosure may be included in a disclosure required under subdivision (a). (Added by Stats. 1993, Ch. 835, Sec. 1. Effective January 1, 1994.)
  115. 1797.95.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 5. Home Roof Warranties [1797.90 - 1797.96] ( Chapter 5 added by Stats. 1993, Ch. 835, Sec. 1. )

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    A warrantor offering roof warranties in multiple states may standardize the warranty, but the standardized warranty must still meet this chapter’s requirements.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 5. Home Roof Warranties [1797.90 - 1797.96] ( Chapter 5 added by Stats. 1993, Ch. 835, Sec. 1. ) ## 1797.95. A warrantor who provides roof warranties in multiple states may standardize the warranty to meet warranty requirements of other states. However, those standardized warranties shall meet requirements which are no less than those imposed by this chapter. (Added by Stats. 1993, Ch. 835, Sec. 1. Effective January 1, 1994.)
  116. 1797.96.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 5. Home Roof Warranties [1797.90 - 1797.96] ( Chapter 5 added by Stats. 1993, Ch. 835, Sec. 1. )

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    If a warranty under this chapter benefits the buyer of a newly built residential structure, the seller must give the required warranty disclosures before escrow closes.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.7. CONSUMER WARRANTIES [1790 - 1797.96] ( Title 1.7 added by Stats. 1970, Ch. 1333. ) ## CHAPTER 5. Home Roof Warranties [1797.90 - 1797.96] ( Chapter 5 added by Stats. 1993, Ch. 835, Sec. 1. ) ## 1797.96. Where a warranty subject to this chapter is provided for the benefit of the purchaser of a newly constructed residential structure, the seller shall provide the warranty disclosures required by this chapter to the purchaser prior to the close of escrow. No transfer shall be invalidated for failure to comply with this section. (Added by Stats. 1993, Ch. 835, Sec. 1. Effective January 1, 1994.)
  117. 1798.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.8. PERSONAL DATA [1798 - 1798.78] ( Title 1.8 added by Stats. 1977, Ch. 709. ) ## CHAPTER 1. Information Practices Act of 1977 [1798 - 1798.78] ( Chapter 1 added by Stats. 1977, Ch. 709. ) ## ARTICLE 1. General Provisions and Legislative Findings [1798 - 1798.1] ( Article 1 added by Stats. 1977, Ch. 709. )

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    This chapter may be cited as the Information Practices Act of 1977.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.8. PERSONAL DATA [1798 - 1798.78] ( Title 1.8 added by Stats. 1977, Ch. 709. ) ## CHAPTER 1. Information Practices Act of 1977 [1798 - 1798.78] ( Chapter 1 added by Stats. 1977, Ch. 709. ) ## ARTICLE 1. General Provisions and Legislative Findings [1798 - 1798.1] ( Article 1 added by Stats. 1977, Ch. 709. ) ## 1798. This chapter shall be known and may be cited as the Information Practices Act of 1977. (Added by Stats. 1977, Ch. 709.)
  118. 1798.1.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.8. PERSONAL DATA [1798 - 1798.78] ( Title 1.8 added by Stats. 1977, Ch. 709. ) ## CHAPTER 1. Information Practices Act of 1977 [1798 - 1798.78] ( Chapter 1 added by Stats. 1977, Ch. 709. ) ## ARTICLE 1. General Provisions and Legislative Findings [1798 - 1798.1] ( Article 1 added by Stats. 1977, Ch. 709. )

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    The provision states that individuals have a right of privacy in information about them.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.8. PERSONAL DATA [1798 - 1798.78] ( Title 1.8 added by Stats. 1977, Ch. 709. ) ## CHAPTER 1. Information Practices Act of 1977 [1798 - 1798.78] ( Chapter 1 added by Stats. 1977, Ch. 709. ) ## ARTICLE 1. General Provisions and Legislative Findings [1798 - 1798.1] ( Article 1 added by Stats. 1977, Ch. 709. ) ## 1798.1. The Legislature declares that the right to privacy is a personal and fundamental right protected by Section 1 of Article I of the Constitution of California and by the United States Constitution and that all individuals have a right of privacy in information pertaining to them. The Legislature further makes the following findings: (a) The right to privacy is being threatened by the indiscriminate collection, maintenance, and dissemination of personal information and the lack of effective laws and legal remedies. (b) The increasing use of computers and other sophisticated information technology has greatly magnified the potential risk to individual privacy that can occur from the maintenance of personal information. (c) In order to protect the privacy of individuals, it is necessary that the maintenance and dissemination of personal information be subject to strict limits. (Added by Stats. 1977, Ch. 709.)
  119. 1798.100.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. )

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    Businesses that collect consumers’ personal information must give required collection notices, limit incompatible use and retention, use reasonable security, and use agreements when sharing or selling data to third parties.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. ) ## 1798.100. General Duties of Businesses that Collect Personal Information (a) A business that controls the collection of a consumer’s personal information shall, at or before the point of collection, inform consumers of the following: (1) The categories of personal information to be collected and the purposes for which the categories of personal information are collected or used and whether that information is sold or shared. A business shall not collect additional categories of personal information or use personal information collected for additional purposes that are incompatible with the disclosed purpose for which the personal information was collected without providing the consumer with notice consistent with this section. (2) If the business collects sensitive personal information, the categories of sensitive personal information to be collected and the purposes for which the categories of sensitive personal information are collected or used, and whether that information is sold or shared. A business shall not collect additional categories of sensitive personal information or use sensitive personal information collected for additional purposes that are incompatible with the disclosed purpose for which the sensitive personal information was collected without providing the consumer with notice consistent with this section. (3) The length of time the business intends to retain each category of personal information, including sensitive personal information, or if that is not possible, the criteria used to determine that period provided that a business shall not retain a consumer’s personal information or sensitive personal information for each disclosed purpose for which the personal information was collected for longer than is reasonably necessary for that disclosed purpose. (b) A business that, acting as a third party, controls the collection of personal information about a consumer may satisfy its obligation under subdivision (a) by providing the required information prominently and conspicuously on the homepage of its internet website. In addition, if a business acting as a third party controls the collection of personal information about a consumer on its premises, including in a vehicle, then the business shall, at or before the point of collection, inform consumers as to the categories of personal information to be collected and the purposes for which the categories of personal information are used, and whether that personal information is sold, in a clear and conspicuous manner at the location. (c) A business’ collection, use, retention, and sharing of a consumer’s personal information shall be reasonably necessary and proportionate to achieve the purposes for which the personal information was collected or processed, or for another disclosed purpose that is compatible with the context in which the personal information was collected, and not further processed in a manner that is incompatible with those purposes. (d) A business that collects a consumer’s personal information and that sells that personal information to, or shares it with, a third party or that discloses it to a service provider or contractor for a business purpose shall enter into an agreement with the third party, service provider, or contractor, that: (1) Specifies that the personal information is sold or disclosed by the business only for limited and specified purposes. (2) Obligates the third party, service provider, or contractor to comply with applicable obligations under this title and obligate those persons to provide the same level of privacy protection as is required by this title. (3) Grants the business rights to take reasonable and appropriate steps to help ensure that the third party, service provider, or contractor uses the personal information transferred in a manner consistent with the business’ obligations under this title. (4) Requires the third party, service provider, or contractor to notify the business if it makes a determination that it can no longer meet its obligations under this title. (5) Grants the business the right, upon notice, including under paragraph (4), to take reasonable and appropriate steps to stop and remediate unauthorized use of personal information. (e) A business that collects a consumer’s personal information shall implement reasonable security procedures and practices appropriate to the nature of the personal information to protect the personal information from unauthorized or illegal access, destruction, use, modification, or disclosure in accordance with Section 1798.81.5. (f) Nothing in this section shall require a business to disclose trade secrets, as specified in regulations adopted pursuant to paragraph (3) of subdivision (a) of Section 1798.185. (Amended November 3, 2020, by initiative Proposition 24, Sec. 4. Effective December 16, 2020. Operative January 1, 2023, pursuant to Sec. 31 of Proposition 24.)
  120. 1798.105.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. )

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    Consumers can ask a business to delete personal information the business collected from them, and businesses must generally delete it and notify relevant third parties, subject to listed exceptions.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. ) ## 1798.105. Consumers’ Right to Delete Personal Information (a) A consumer shall have the right to request that a business delete any personal information about the consumer which the business has collected from the consumer. (b) A business that collects personal information about consumers shall disclose, pursuant to Section 1798.130, the consumer’s rights to request the deletion of the consumer’s personal information. (c) (1) A business that receives a verifiable consumer request from a consumer to delete the consumer’s personal information pursuant to subdivision (a) of this section shall delete the consumer’s personal information from its records, notify any service providers or contractors to delete the consumer’s personal information from their records, and notify all third parties to whom the business has sold or shared the personal information to delete the consumer’s personal information unless this proves impossible or involves disproportionate effort. (2) The business may maintain a confidential record of deletion requests solely for the purpose of preventing the personal information of a consumer who has submitted a deletion request from being sold, for compliance with laws or for other purposes, solely to the extent permissible under this title. (3) A service provider or contractor shall cooperate with the business in responding to a verifiable consumer request, and at the direction of the business, shall delete, or enable the business to delete and shall notify any of its own service providers or contractors to delete personal information about the consumer collected, used, processed, or retained by the service provider or the contractor. The service provider or contractor shall notify any service providers, contractors, or third parties who may have accessed personal information from or through the service provider or contractor, unless the information was accessed at the direction of the business, to delete the consumer’s personal information unless this proves impossible or involves disproportionate effort. A service provider or contractor shall not be required to comply with a deletion request submitted by the consumer directly to the service provider or contractor to the extent that the service provider or contractor has collected, used, processed, or retained the consumer’s personal information in its role as a service provider or contractor to the business. (d) A business, or a service provider or contractor acting pursuant to its contract with the business, another service provider, or another contractor, shall not be required to comply with a consumer’s request to delete the consumer’s personal information if it is reasonably necessary for the business, service provider, or contractor to maintain the consumer’s personal information in order to: (1) Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by the consumer, or reasonably anticipated by the consumer within the context of a business’ ongoing business relationship with the consumer, or otherwise perform a contract between the business and the consumer. (2) Help to ensure security and integrity to the extent the use of the consumer’s personal information is reasonably necessary and proportionate for those purposes. (3) Debug to identify and repair errors that impair existing intended functionality. (4) Exercise free speech, ensure the right of another consumer to exercise that consumer’s right of free speech, or exercise another right provided for by law. (5) Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code. (6) Engage in public or peer-reviewed scientific, historical, or statistical research that conforms or adheres to all other applicable ethics and privacy laws, when the business’ deletion of the information is likely to render impossible or seriously impair the ability to complete such research, if the consumer has provided informed consent. (7) To enable solely internal uses that are reasonably aligned with the expectations of the consumer based on the consumer’s relationship with the business and compatible with the context in which the consumer provided the information. (8) Comply with a legal obligation. (Amended November 3, 2020, by initiative Proposition 24, Sec. 5. Effective December 16, 2020. Operative January 1, 2023, pursuant to Sec. 31 of Proposition 24.)
  121. 1798.106.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. )

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    Consumers may request correction of inaccurate personal information, businesses must disclose that right, and businesses receiving a verifiable correction request must use commercially reasonable efforts to make the correction.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. ) ## 1798.106. Consumers’ Right to Correct Inaccurate Personal Information (a) A consumer shall have the right to request a business that maintains inaccurate personal information about the consumer to correct that inaccurate personal information, taking into account the nature of the personal information and the purposes of the processing of the personal information. (b) A business that collects personal information about consumers shall disclose, pursuant to Section 1798.130, the consumer’s right to request correction of inaccurate personal information. (c) A business that receives a verifiable consumer request to correct inaccurate personal information shall use commercially reasonable efforts to correct the inaccurate personal information as directed by the consumer, pursuant to Section 1798.130 and regulations adopted pursuant to paragraph (7) of subdivision (a) of Section 1798.185. (Amended by Stats. 2024, Ch. 121, Sec. 1. (AB 3286) Effective January 1, 2025.)
  122. 1798.110.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. )

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    Consumers can ask a business to disclose the personal information it has collected about them, and businesses must provide that information when they receive a verifiable consumer request.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. ) ## 1798.110. Consumers’ Right to Know What Personal Information is Being Collected. Right to Access Personal Information (a) A consumer shall have the right to request that a business that collects personal information about the consumer disclose to the consumer the following: (1) The categories of personal information it has collected about that consumer. (2) The categories of sources from which the personal information is collected. (3) The business or commercial purpose for collecting, selling, or sharing personal information. (4) The categories of third parties to whom the business discloses personal information. (5) The specific pieces of personal information it has collected about that consumer. (b) A business that collects personal information about a consumer shall disclose to the consumer, pursuant to subparagraph (B) of paragraph (3) of subdivision (a) of Section 1798.130, the information specified in subdivision (a) upon receipt of a verifiable consumer request from the consumer, provided that a business shall be deemed to be in compliance with paragraphs (1) to (4), inclusive, of subdivision (a) to the extent that the categories of information and the business or commercial purpose for collecting, selling, or sharing personal information it would be required to disclose to the consumer pursuant to paragraphs (1) to (4), inclusive, of subdivision (a) is the same as the information it has disclosed pursuant to paragraphs (1) to (4), inclusive, of subdivision (c). (c) A business that collects personal information about consumers shall disclose, pursuant to subparagraph (B) of paragraph (5) of subdivision (a) of Section 1798.130: (1) The categories of personal information it has collected about consumers. (2) The categories of sources from which the personal information is collected. (3) The business or commercial purpose for collecting, selling, or sharing personal information. (4) The categories of third parties to whom the business discloses personal information. (5) That a consumer has the right to request the specific pieces of personal information the business has collected about that consumer. (Amended November 3, 2020, by initiative Proposition 24, Sec. 7. Effective December 16, 2020. Operative January 1, 2023, pursuant to Sec. 31 of Proposition 24.)
  123. 1798.115.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. )

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    Consumers can ask businesses to disclose what personal information was collected, sold/shared, or disclosed for a business purpose, and third parties generally may not resell or reshared that information without notice and an opt-out opportunity.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. ) ## 1798.115. Consumers’ Right to Know What Personal Information is Sold or Shared and to Whom (a) A consumer shall have the right to request that a business that sells or shares the consumer’s personal information, or that discloses it for a business purpose, disclose to that consumer: (1) The categories of personal information that the business collected about the consumer. (2) The categories of personal information that the business sold or shared about the consumer and the categories of third parties to whom the personal information was sold or shared, by category or categories of personal information for each category of third parties to whom the personal information was sold or shared. (3) The categories of personal information that the business disclosed about the consumer for a business purpose and the categories of persons to whom it was disclosed for a business purpose. (b) A business that sells or shares personal information about a consumer, or that discloses a consumer’s personal information for a business purpose, shall disclose, pursuant to paragraph (4) of subdivision (a) of Section 1798.130, the information specified in subdivision (a) to the consumer upon receipt of a verifiable consumer request from the consumer. (c) A business that sells or shares consumers’ personal information, or that discloses consumers’ personal information for a business purpose, shall disclose, pursuant to subparagraph (C) of paragraph (5) of subdivision (a) of Section 1798.130: (1) The category or categories of consumers’ personal information it has sold or shared, or if the business has not sold or shared consumers’ personal information, it shall disclose that fact. (2) The category or categories of consumers’ personal information it has disclosed for a business purpose, or if the business has not disclosed consumers’ personal information for a business purpose, it shall disclose that fact. (d) A third party shall not sell or share personal information about a consumer that has been sold to, or shared with, the third party by a business unless the consumer has received explicit notice and is provided an opportunity to exercise the right to opt-out pursuant to Section 1798.120. (Amended November 3, 2020, by initiative Proposition 24, Sec. 8. Effective December 16, 2020. Operative January 1, 2023, pursuant to Sec. 31 of Proposition 24.)
  124. 1798.120.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. )

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    Consumers have a right to tell a business not to sell or share their personal information, and businesses must honor that direction subject to the listed exceptions.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. ) ## 1798.120. Consumers’ Right to Opt Out of Sale or Sharing of Personal Information (a) (1) A consumer shall have the right, at any time, to direct a business that sells or shares personal information about the consumer to third parties not to sell or share the consumer’s personal information. This right may be referred to as the right to opt out of sale or sharing. (2) A business to which another business transfers the personal information of a consumer as an asset that is part of a merger, acquisition, bankruptcy, or other transaction in which the transferee assumes control of all of, or part of, the transferor shall comply with a consumer’s direction to the transferor made pursuant to this subdivision. (b) A business that sells consumers’ personal information to, or shares it with, third parties shall provide notice to consumers, pursuant to subdivision (a) of Section 1798.135, that this information may be sold or shared and that consumers have the “right to opt out” of the sale or sharing of their personal information. (c) Notwithstanding subdivision (a), a business shall not sell or share the personal information of consumers if the business has actual knowledge that the consumer is less than 16 years of age, unless the consumer, in the case of consumers at least 13 years of age and less than 16 years of age, or the consumer’s parent or guardian, in the case of consumers who are less than 13 years of age, has affirmatively authorized the sale or sharing of the consumer’s personal information. A business that willfully disregards the consumer’s age shall be deemed to have had actual knowledge of the consumer’s age. (d) A business that has received direction from a consumer not to sell or share the consumer’s personal information or, in the case of a minor consumer’s personal information has not received consent to sell or share the minor consumer’s personal information, shall be prohibited, pursuant to paragraph (4) of subdivision (c) of Section 1798.135, from selling or sharing the consumer’s personal information after its receipt of the consumer’s direction, unless the consumer subsequently provides consent, for the sale or sharing of the consumer’s personal information. (Amended by Stats. 2024, Ch. 940, Sec. 1. (AB 1824) Effective January 1, 2025.)
  125. 1798.121.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. )

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    Consumers can direct a business to limit use of their sensitive personal information, and businesses must honor that limit with stated exceptions.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. ) ## 1798.121. Consumers’ Right to Limit Use and Disclosure of Sensitive Personal Information (a) A consumer shall have the right, at any time, to direct a business that collects sensitive personal information about the consumer to limit its use of the consumer’s sensitive personal information to that use which is necessary to perform the services or provide the goods reasonably expected by an average consumer who requests those goods or services, to perform the services set forth in paragraphs (2), (4), (5), and (8) of subdivision (e) of Section 1798.140, and as authorized by regulations adopted pursuant to subparagraph (C) of paragraph (18) of subdivision (a) of Section 1798.185. A business that uses or discloses a consumer’s sensitive personal information for purposes other than those specified in this subdivision shall provide notice to consumers, pursuant to subdivision (a) of Section 1798.135, that this information may be used, or disclosed to a service provider or contractor, for additional, specified purposes and that consumers have the right to limit the use or disclosure of their sensitive personal information. (b) A business that has received direction from a consumer not to use or disclose the consumer’s sensitive personal information, except as authorized by subdivision (a), shall be prohibited, pursuant to paragraph (4) of subdivision (c) of Section 1798.135, from using or disclosing the consumer’s sensitive personal information for any other purpose after its receipt of the consumer’s direction unless the consumer subsequently provides consent for the use or disclosure of the consumer’s sensitive personal information for additional purposes. (c) A service provider or contractor that assists a business in performing the purposes authorized by subdivision (a) may not use the sensitive personal information after it has received instructions from the business and to the extent it has actual knowledge that the personal information is sensitive personal information for any other purpose. A service provider or contractor is only required to limit its use of sensitive personal information received pursuant to a written contract with the business in response to instructions from the business and only with respect to its relationship with that business. (d) Sensitive personal information that is collected or processed without the purpose of inferring characteristics about a consumer is not subject to this section, as further defined in regulations adopted pursuant to subparagraph (C) of paragraph (18) of subdivision (a) of Section 1798.185, and shall be treated as personal information for purposes of all other sections of this act, including Section 1798.100. (Amended by Stats. 2024, Ch. 121, Sec. 2. (AB 3286) Effective January 1, 2025.)
  126. 1798.125.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. )

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    A business may offer financial incentives for personal information only with required notice and opt-in consent, and it must not retaliate or discriminate against consumers for exercising privacy rights.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. ) ## 1798.125. Consumers’ Right of No Retaliation Following Opt Out or Exercise of Other Rights (a) (1) A business shall not discriminate against a consumer because the consumer exercised any of the consumer’s rights under this title, including, but not limited to, by: (A) Denying goods or services to the consumer. (B) Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties. (C) Providing a different level or quality of goods or services to the consumer. (D) Suggesting that the consumer will receive a different price or rate for goods or services or a different level or quality of goods or services. (E) Retaliating against an employee, applicant for employment, or independent contractor, as defined in subparagraph (A) of paragraph (2) of subdivision (m) of Section 1798.145, for exercising their rights under this title. (2) Nothing in this subdivision prohibits a business, pursuant to subdivision (b), from charging a consumer a different price or rate, or from providing a different level or quality of goods or services to the consumer, if that difference is reasonably related to the value provided to the business by the consumer’s data. (3) This subdivision does not prohibit a business from offering loyalty, rewards, premium features, discounts, or club card programs consistent with this title. (b) (1) A business may offer financial incentives, including payments to consumers as compensation, for the collection of personal information, the sale or sharing of personal information, or the retention of personal information. A business may also offer a different price, rate, level, or quality of goods or services to the consumer if that price or difference is reasonably related to the value provided to the business by the consumer’s data. (2) A business that offers any financial incentives pursuant to this subdivision, shall notify consumers of the financial incentives pursuant to Section 1798.130. (3) A business may enter a consumer into a financial incentive program only if the consumer gives the business prior opt-in consent pursuant to Section 1798.130 that clearly describes the material terms of the financial incentive program, and which may be revoked by the consumer at any time. If a consumer refuses to provide opt-in consent, then the business shall wait for at least 12 months before next requesting that the consumer provide opt-in consent, or as prescribed by regulations adopted pursuant to Section 1798.185. (4) A business shall not use financial incentive practices that are unjust, unreasonable, coercive, or usurious in nature. (Amended November 3, 2020, by initiative Proposition 24, Sec. 11. Effective December 16, 2020. Operative January 1, 2023, pursuant to Sec. 31 of Proposition 24.)
  127. 1798.130.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. )

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    Businesses must provide accessible ways for consumers to submit privacy requests, respond within 45 days, and publish required privacy-policy disclosures.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. ) ## 1798.130. Notice, Disclosure, Correction, and Deletion Requirements (a) In order to comply with Sections 1798.100, 1798.105, 1798.106, 1798.110, 1798.115, and 1798.125, a business shall, in a form that is reasonably accessible to consumers: (1) (A) Make available to consumers two or more designated methods for submitting requests for information required to be disclosed pursuant to Sections 1798.110 and 1798.115, or requests for deletion or correction pursuant to Sections 1798.105 and 1798.106, respectively, including, at a minimum, a toll-free telephone number. A business that operates exclusively online and has a direct relationship with a consumer from whom it collects personal information shall only be required to provide an email address for submitting requests for information required to be disclosed pursuant to Sections 1798.110 and 1798.115, or for requests for deletion or correction pursuant to Sections 1798.105 and 1798.106, respectively. (B) If the business maintains an internet website, make the internet website available to consumers to submit requests for information required to be disclosed pursuant to Sections 1798.110 and 1798.115, or requests for deletion or correction pursuant to Sections 1798.105 and 1798.106, respectively. (2) (A) Disclose and deliver the required information to a consumer free of charge, correct inaccurate personal information, or delete a consumer’s personal information, based on the consumer’s request, within 45 days of receiving a verifiable consumer request from the consumer. The business shall promptly take steps to determine whether the request is a verifiable consumer request, but this shall not extend the business’ duty to disclose and deliver the information, to correct inaccurate personal information, or to delete personal information within 45 days of receipt of the consumer’s request. The time period to provide the required information, to correct inaccurate personal information, or to delete personal information may be extended once by an additional 45 days when reasonably necessary, provided the consumer is provided notice of the extension within the first 45-day period. The disclosure of the required information shall be made in writing and delivered through the consumer’s account with the business, if the consumer maintains an account with the business, or by mail or electronically at the consumer’s option if the consumer does not maintain an account with the business, in a readily useable format that allows the consumer to transmit this information from one entity to another entity without hindrance. The business may require authentication of the consumer that is reasonable in light of the nature of the personal information requested, but shall not require the consumer to create an account with the business in order to make a verifiable consumer request provided that if the consumer, has an account with the business, the business may require the consumer to use that account to submit a verifiable consumer request. (B) The disclosure of the required information shall cover the 12-month period preceding the business’ receipt of the verifiable consumer request provided that, upon the adoption of a regulation pursuant to paragraph (8) of subdivision (a) of Section 1798.185, a consumer may request that the business disclose the required information beyond the 12-month period, and the business shall be required to provide that information unless doing so proves impossible or would involve a disproportionate effort. A consumer’s right to request required information beyond the 12-month period, and a business’ obligation to provide that information, shall only apply to personal information collected on or after January 1, 2022. Nothing in this subparagraph shall require a business to keep personal information for any length of time. (3) (A) A business that receives a verifiable consumer request pursuant to Section 1798.110 or 1798.115 shall disclose any personal information it has collected about a consumer, directly or indirectly, including through or by a service provider or contractor, to the consumer. A service provider or contractor shall not be required to comply with a verifiable consumer request received directly from a consumer or a consumer’s authorized agent, pursuant to Section 1798.110 or 1798.115, to the extent that the service provider or contractor has collected personal information about the consumer in its role as a service provider or contractor. A service provider or contractor shall provide assistance to a business with which it has a contractual relationship with respect to the business’ response to a verifiable consumer request, including, but not limited to, by providing to the business the consumer’s personal information in the service provider or contractor’s possession, which the service provider or contractor obtained as a result of providing services to the business, and by correcting inaccurate information or by enabling the business to do the same. A service provider or contractor that collects personal information pursuant to a written contract with a business shall be required to assist the business through appropriate technical and organizational measures in complying with the requirements of subdivisions (d) to (f), inclusive, of Section 1798.100, taking into account the nature of the processing. (B) For purposes of subdivision (b) of Section 1798.110: (i) To identify the consumer, associate the information provided by the consumer in the verifiable consumer request to any personal information previously collected by the business about the consumer. (ii) Identify by category or categories the personal information collected about the consumer for the applicable period of time by reference to the enumerated category or categories in subdivision (c) that most closely describes the personal information collected; the categories of sources from which the consumer’s personal information was collected; the business or commercial purpose for collecting, selling, or sharing the consumer’s personal information; and the categories of third parties to whom the business discloses the consumer’s personal information. (iii) Provide the specific pieces of personal information obtained from the consumer in a format that is easily understandable to the average consumer, and to the extent technically feasible, in a structured, commonly used, machine-readable format that may also be transmitted to another entity at the consumer’s request without hindrance. “Specific pieces of information” do not include data generated to help ensure security and integrity or as prescribed by regulation. Personal information is not considered to have been disclosed by a business when a consumer instructs a business to transfer the consumer’s personal information from one business to another in the context of switching services. (4) For purposes of subdivision (b) of Section 1798.115: (A) Identify the consumer and associate the information provided by the consumer in the verifiable consumer request to any personal information previously collected by the business about the consumer. (B) Identify by category or categories the personal information of the consumer that the business sold or shared during the applicable period of time by reference to the enumerated category in subdivision (c) that most closely describes the personal information, and provide the categories of third parties to whom the consumer’s personal information was sold or shared during the applicable period of time by reference to the enumerated category or categories in subdivision (c) that most closely describes the personal information sold or shared. The business shall disclose the information in a list that is separate from a list generated for the purposes of subparagraph (C). (C) Identify by category or categories the personal information of the consumer that the business disclosed for a business purpose during the applicable period of time by reference to the enumerated category or categories in subdivision (c) that most closely describes the personal information, and provide the categories of persons to whom the consumer’s personal information was disclosed for a business purpose during the applicable period of time by reference to the enumerated category or categories in subdivision (c) that most closely describes the personal information disclosed. The business shall disclose the information in a list that is separate from a list generated for the purposes of subparagraph (B). (5) Disclose the following information in its online privacy policy or policies if the business has an online privacy policy or policies and in any California-specific description of consumers’ privacy rights, or if the business does not maintain those policies, on its internet website, and update that information at least once every 12 months: (A) A description of a consumer’s rights pursuant to Sections 1798.100, 1798.105, 1798.106, 1798.110, 1798.115, and 1798.125 and two or more designated methods for submitting requests, except as provided in subparagraph (A) of paragraph (1) of subdivision (a). (B) For purposes of subdivision (c) of Section 1798.110: (i) A list of the categories of personal information it has collected about consumers in the preceding 12 months by reference to the enumerated category or categories in subdivision (c) that most closely describe the personal information collected. (ii) The categories of sources from which consumers’ personal information is collected. (iii) The business or commercial purpose for collecting, selling, or sharing consumers’ personal information. (iv) The categories of third parties to whom the business discloses consumers’ personal information. (C) For purposes of paragraphs (1) and (2) of subdivision (c) of Section 1798.115, two separate lists: (i) A list of the categories of personal information it has sold or shared about consumers in the preceding 12 months by reference to the enumerated category or categories in subdivision (c) that most closely describe the personal information sold or shared, or if the business has not sold or shared consumers’ personal information in the preceding 12 months, the business shall prominently disclose that fact in its privacy policy. (ii) A list of the categories of personal information it has disclosed about consumers for a business purpose in the preceding 12 months by reference to the enumerated category in subdivision (c) that most closely describes the personal information disclosed, or if the business has not disclosed consumers’ personal information for a business purpose in the preceding 12 months, the business shall disclose that fact. (6) Ensure that all individuals responsible for handling consumer inquiries about the business’ privacy practices or the business’ compliance with this title are informed of all requirements in Sections 1798.100, 1798.105, 1798.106, 1798.110, 1798.115, 1798.125, and this section, and how to direct consumers to exercise their rights under those sections. (7) Use any personal information collected from the consumer in connection with the business’ verification of the consumer’s request solely for the purposes of verification and shall not further disclose the personal information, retain it longer than necessary for purposes of verification, or use it for unrelated purposes. (b) A business is not obligated to provide the information required by Sections 1798.110 and 1798.115 to the same consumer more than twice in a 12-month period. (c) The categories of personal information required to be disclosed pursuant to Sections 1798.100, 1798.110, and 1798.115 shall follow the definitions of personal information and sensitive personal information in Section 1798.140 by describing the categories of personal information using the specific terms set forth in subparagraphs (A) to (K), inclusive, of paragraph (1) of subdivision (v) of Section 1798.140 and by describing the categories of sensitive personal information using the specific terms set forth in subparagraphs (A) to (F), inclusive, of paragraph (1), and subparagraphs (A) to (C), inclusive, of paragraph (2), of subdivision (ae) of Section 1798.140. (Amended by Stats. 2025, Ch. 67, Sec. 26. (AB 1170) Effective January 1, 2026.)
  128. 1798.135.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. )

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    Businesses covered by this section must give consumers clear homepage links to opt out of sale or sharing of personal information and to limit use of sensitive personal information, or use an approved single-link/opt-out signal approach.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. ) ## 1798.135. Methods of Limiting Sale, Sharing, and Use of Personal Information and Use of Sensitive Personal Information (a) A business that sells or shares consumers’ personal information or uses or discloses consumers’ sensitive personal information for purposes other than those authorized by subdivision (a) of Section 1798.121 shall, in a form that is reasonably accessible to consumers: (1) Provide a clear and conspicuous link on the business’ internet homepages, titled “Do Not Sell or Share My Personal Information,” to an internet web page that enables a consumer, or a person authorized by the consumer, to opt out of the sale or sharing of the consumer’s personal information. (2) Provide a clear and conspicuous link on the business’ internet homepages, titled “Limit the Use of My Sensitive Personal Information,” that enables a consumer, or a person authorized by the consumer, to limit the use or disclosure of the consumer’s sensitive personal information to those uses authorized by subdivision (a) of Section 1798.121. (3) At the business’ discretion, utilize a single, clearly labeled link on the business’ internet homepages, in lieu of complying with paragraphs (1) and (2), if that link easily allows a consumer to opt out of the sale or sharing of the consumer’s personal information and to limit the use or disclosure of the consumer’s sensitive personal information. (4) In the event that a business responds to opt-out requests received pursuant to paragraph (1), (2), or (3) by informing the consumer of a charge for the use of any product or service, present the terms of any financial incentive offered pursuant to subdivision (b) of Section 1798.125 for the retention, use, sale, or sharing of the consumer’s personal information. (b) (1) A business shall not be required to comply with subdivision (a) if the business allows consumers to opt out of the sale or sharing of their personal information and to limit the use of their sensitive personal information through an opt-out preference signal sent with the consumer’s consent by a platform, technology, or mechanism, based on technical specifications set forth in regulations adopted pursuant to paragraph (19) of subdivision (a) of Section 1798.185, to the business indicating the consumer’s intent to opt out of the business’ sale or sharing of the consumer’s personal information or to limit the use or disclosure of the consumer’s sensitive personal information, or both. (2) A business that allows consumers to opt out of the sale or sharing of their personal information and to limit the use of their sensitive personal information pursuant to paragraph (1) may provide a link to a web page that enables the consumer to consent to the business ignoring the opt-out preference signal with respect to that business’ sale or sharing of the consumer’s personal information or the use of the consumer’s sensitive personal information for additional purposes provided that: (A) The consent web page also allows the consumer or a person authorized by the consumer to revoke the consent as easily as it is affirmatively provided. (B) The link to the web page does not degrade the consumer’s experience on the web page the consumer intends to visit and has a similar look, feel, and size relative to other links on the same web page. (C) The consent web page complies with technical specifications set forth in regulations adopted pursuant to paragraph (19) of subdivision (a) of Section 1798.185. (3) A business that complies with subdivision (a) is not required to comply with subdivision (b). For the purposes of clarity, a business may elect whether to comply with subdivision (a) or subdivision (b). (c) A business that is subject to this section shall: (1) Not require a consumer to create an account or provide additional information beyond what is necessary in order to direct the business not to sell or share the consumer’s personal information or to limit use or disclosure of the consumer’s sensitive personal information. (2) Include a description of a consumer’s rights pursuant to Sections 1798.120 and 1798.121, along with a separate link to the “Do Not Sell or Share My Personal Information” internet web page and a separate link to the “Limit the Use of My Sensitive Personal Information” internet web page, if applicable, or a single link to both choices, or a statement that the business responds to and abides by opt-out preference signals sent by a platform, technology, or mechanism in accordance with subdivision (b), in: (A) Its online privacy policy or policies if the business has an online privacy policy or policies. (B) Any California-specific description of consumers’ privacy rights. (3) Ensure that all individuals responsible for handling consumer inquiries about the business’ privacy practices or the business’ compliance with this title are informed of all requirements in Sections 1798.120, 1798.121, and this section and how to direct consumers to exercise their rights under those sections. (4) For consumers who exercise their right to opt out of the sale or sharing of their personal information or limit the use or disclosure of their sensitive personal information, refrain from selling or sharing the consumer’s personal information or using or disclosing the consumer’s sensitive personal information and wait for at least 12 months before requesting that the consumer authorize the sale or sharing of the consumer’s personal information or the use and disclosure of the consumer’s sensitive personal information for additional purposes, or as authorized by regulations. (5) For consumers under 16 years of age who do not consent to the sale or sharing of their personal information, refrain from selling or sharing the personal information of the consumer under 16 years of age and wait for at least 12 months before requesting the consumer’s consent again, or as authorized by regulations or until the consumer attains 16 years of age. (6) Use any personal information collected from the consumer in connection with the submission of the consumer’s opt-out request solely for the purposes of complying with the opt-out request. (d) Nothing in this title shall be construed to require a business to comply with the title by including the required links and text on the homepage that the business makes available to the public generally, if the business maintains a separate and additional homepage that is dedicated to California consumers and that includes the required links and text, and the business takes reasonable steps to ensure that California consumers are directed to the homepage for California consumers and not the homepage made available to the public generally. (e) A consumer may authorize another person to opt out of the sale or sharing of the consumer’s personal information and to limit the use of the consumer’s sensitive personal information on the consumer’s behalf, including through an opt-out preference signal, as defined in paragraph (1) of subdivision (b), indicating the consumer’s intent to opt out, and a business shall comply with an opt-out request received from a person authorized by the consumer to act on the consumer’s behalf, pursuant to regulations adopted by the Attorney General regardless of whether the business has elected to comply with subdivision (a) or (b). For purposes of clarity, a business that elects to comply with subdivision (a) may respond to the consumer’s opt-out request consistently with Section 1798.125. (f) If a business communicates a consumer’s opt-out request to any person authorized by the business to collect personal information, the person shall thereafter only use that consumer’s personal information for a business purpose specified by the business, or as otherwise permitted by this title, and shall be prohibited from: (1) Selling or sharing the personal information. (2) Retaining, using, or disclosing that consumer’s personal information. (A) For any purpose other than for the specific purpose of performing the services offered to the business. (B) Outside of the direct business relationship between the person and the business. (C) For a commercial purpose other than providing the services to the business. (g) A business that communicates a consumer’s opt-out request to a person pursuant to subdivision (f) shall not be liable under this title if the person receiving the opt-out request violates the restrictions set forth in the title provided that, at the time of communicating the opt-out request, the business does not have actual knowledge, or reason to believe, that the person intends to commit such a violation. Any provision of a contract or agreement of any kind that purports to waive or limit in any way this subdivision shall be void and unenforceable. (Amended by Stats. 2024, Ch. 121, Sec. 4. (AB 3286) Effective January 1, 2025.)
  129. 1798.136.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. )

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    Businesses may not build or keep a browser that lacks consumer-configurable opt-out signal functionality, and they must explain how that signal works.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. ) ## 1798.136. (a) (1) A business shall not develop or maintain a browser that does not include functionality configurable by a consumer that enables the browser to send an opt-out preference signal to businesses with which the consumer interacts through the browser. (2) The functionality required by paragraph (1) shall be easy for a reasonable person to locate and configure. (b) A business that develops or maintains a browser shall make clear to a consumer in its public disclosures how the opt-out preference signal works and the intended effect of the opt-out preference signal. (c) The California Privacy Protection Agency may adopt regulations as necessary to implement and administer this section. (d) A business that develops or maintains a browser that includes a functionality that enables the browser to send an opt-out preference signal pursuant to this section shall not be liable for a violation of this title by a business that receives the opt-out preference signal. (e) As used in this section: (1) “Browser” means an interactive software application that is used by consumers to locate, access, and navigate internet websites. (2) “Opt-out preference signal” means a signal that complies with this title and that communicates the consumer’s choice to opt out of the sale and sharing of the consumer’s personal information. (f) This section shall become operative on January 1, 2027. (Added by Stats. 2025, Ch. 465, Sec. 2. (AB 566) Effective January 1, 2026. Operative January 1, 2027, by its own provisions.)
  130. 1798.14.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.8. PERSONAL DATA [1798 - 1798.78] ( Title 1.8 added by Stats. 1977, Ch. 709. ) ## CHAPTER 1. Information Practices Act of 1977 [1798 - 1798.78] ( Chapter 1 added by Stats. 1977, Ch. 709. ) ## ARTICLE 5. Agency Requirements [1798.14 - 1798.23] ( Article 5 added by Stats. 1977, Ch. 709. )

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    Each agency must keep only personal information in its records that is relevant and necessary for an agency purpose required or authorized by the California Constitution, statute, or the federal government.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.8. PERSONAL DATA [1798 - 1798.78] ( Title 1.8 added by Stats. 1977, Ch. 709. ) ## CHAPTER 1. Information Practices Act of 1977 [1798 - 1798.78] ( Chapter 1 added by Stats. 1977, Ch. 709. ) ## ARTICLE 5. Agency Requirements [1798.14 - 1798.23] ( Article 5 added by Stats. 1977, Ch. 709. ) ## 1798.14. Each agency shall maintain in its records only personal information which is relevant and necessary to accomplish a purpose of the agency required or authorized by the California Constitution or statute or mandated by the federal government. (Amended by Stats. 1985, Ch. 595, Sec. 5.)
  131. 1798.140.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. )

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    This section defines many terms used in the California Consumer Privacy Act, including business, consumer, personal information, sale, sharing, and service provider.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. ) ## 1798.140. Definitions For purposes of this title: (a) “Advertising and marketing” means a communication by a business or a person acting on the business’ behalf in any medium intended to induce a consumer to obtain goods, services, or employment. (b) “Aggregate consumer information” means information that relates to a group or category of consumers, from which individual consumer identities have been removed, that is not linked or reasonably linkable to any consumer or household, including via a device. “Aggregate consumer information” does not mean one or more individual consumer records that have been deidentified. (c) “Biometric information” means an individual’s physiological, biological, or behavioral characteristics, including information pertaining to an individual’s deoxyribonucleic acid (DNA), that is used or is intended to be used singly or in combination with each other or with other identifying data, to establish individual identity. Biometric information includes, but is not limited to, imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings, from which an identifier template, such as a faceprint, a minutiae template, or a voiceprint, can be extracted, and keystroke patterns or rhythms, gait patterns or rhythms, and sleep, health, or exercise data that contain identifying information. (d) “Business” means: (1) A sole proprietorship, partnership, limited liability company, corporation, association, or other legal entity that is organized or operated for the profit or financial benefit of its shareholders or other owners, that collects consumers’ personal information, or on the behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers’ personal information, that does business in the State of California, and that satisfies one or more of the following thresholds: (A) As of January 1 of the calendar year, had annual gross revenues in excess of twenty-five million dollars ($25,000,000) in the preceding calendar year, as adjusted pursuant to subdivision (d) of Section 1798.199.95. (B) Alone or in combination, annually buys, sells, or shares the personal information of 100,000 or more consumers or households. (C) Derives 50 percent or more of its annual revenues from selling or sharing consumers’ personal information. (2) Any entity that controls or is controlled by a business, as defined in paragraph (1), and that shares common branding with the business and with whom the business shares consumers’ personal information. “Control” or “controlled” means ownership of, or the power to vote, more than 50 percent of the outstanding shares of any class of voting security of a business; control in any manner over the election of a majority of the directors, or of individuals exercising similar functions; or the power to exercise a controlling influence over the management of a company. “Common branding” means a shared name, servicemark, or trademark that the average consumer would understand that two or more entities are commonly owned. (3) A joint venture or partnership composed of businesses in which each business has at least a 40 percent interest. For purposes of this title, the joint venture or partnership and each business that composes the joint venture or partnership shall separately be considered a single business, except that personal information in the possession of each business and disclosed to the joint venture or partnership shall not be shared with the other business. (4) A person that does business in California, that is not covered by paragraph (1), (2), or (3), and that voluntarily certifies to the California Privacy Protection Agency that it is in compliance with, and agrees to be bound by, this title. (e) “Business purpose” means the use of personal information for the business’ operational purposes, or other notified purposes, or for the service provider or contractor’s operational purposes, as defined by regulations adopted pursuant to paragraph (10) of subdivision (a) of Section 1798.185, provided that the use of personal information shall be reasonably necessary and proportionate to achieve the purpose for which the personal information was collected or processed or for another purpose that is compatible with the context in which the personal information was collected. Business purposes are: (1) Auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards. (2) Helping to ensure security and integrity to the extent the use of the consumer’s personal information is reasonably necessary and proportionate for these purposes. (3) Debugging to identify and repair errors that impair existing intended functionality. (4) Short-term, transient use, including, but not limited to, nonpersonalized advertising shown as part of a consumer’s current interaction with the business, provided that the consumer’s personal information is not disclosed to another third party and is not used to build a profile about the consumer or otherwise alter the consumer’s experience outside the current interaction with the business. (5) Performing services on behalf of the business, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on behalf of the business. (6) Providing advertising and marketing services, except for cross-context behavioral advertising, to the consumer provided that, for the purpose of advertising and marketing, a service provider or contractor shall not combine the personal information of opted-out consumers that the service provider or contractor receives from, or on behalf of, the business with personal information that the service provider or contractor receives from, or on behalf of, another person or persons or collects from its own interaction with consumers. (7) Undertaking internal research for technological development and demonstration. (8) Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by the business, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by the business. (f) “Collects,” “collected,” or “collection” means buying, renting, gathering, obtaining, receiving, or accessing any personal information pertaining to a consumer by any means. This includes receiving information from the consumer, either actively or passively, or by observing the consumer’s behavior. (g) “Commercial purposes” means to advance a person’s commercial or economic interests, such as by inducing another person to buy, rent, lease, join, subscribe to, provide, or exchange products, goods, property, information, or services, or enabling or effecting, directly or indirectly, a commercial transaction. (h) “Consent” means any freely given, specific, informed, and unambiguous indication of the consumer’s wishes by which the consumer, or the consumer’s legal guardian, a person who has power of attorney, or a person acting as a conservator for the consumer, including by a statement or by a clear affirmative action, signifies agreement to the processing of personal information relating to the consumer for a narrowly defined particular purpose. Acceptance of a general or broad terms of use, or similar document, that contains descriptions of personal information processing along with other, unrelated information, does not constitute consent. Hovering over, muting, pausing, or closing a given piece of content does not constitute consent. Likewise, agreement obtained through use of dark patterns does not constitute consent. (i) “Consumer” means a natural person who is a California resident, as defined in Section 17014 of Title 18 of the California Code of Regulations, as that section read on September 1, 2017, however identified, including by any unique identifier. (j) (1) “Contractor” means a person to whom the business makes available a consumer’s personal information for a business purpose, pursuant to a written contract with the business, provided that the contract: (A) Prohibits the contractor from: (i) Selling or sharing the personal information. (ii) Retaining, using, or disclosing the personal information for any purpose other than for the business purposes specified in the contract, including retaining, using, or disclosing the personal information for a commercial purpose other than the business purposes specified in the contract, or as otherwise permitted by this title. (iii) Retaining, using, or disclosing the information outside of the direct business relationship between the contractor and the business. (iv) Combining the personal information that the contractor receives pursuant to a written contract with the business with personal information that it receives from or on behalf of another person or persons, or collects from its own interaction with the consumer, provided that the contractor may combine personal information to perform any business purpose as defined in regulations adopted pursuant to paragraph (9) of subdivision (a) of Section 1798.185, except as provided for in paragraph (6) of subdivision (e) and in regulations adopted by the California Privacy Protection Agency. (B) Includes a certification made by the contractor that the contractor understands the restrictions in subparagraph (A) and will comply with them. (C) Permits, subject to agreement with the contractor, the business to monitor the contractor’s compliance with the contract through measures, including, but not limited to, ongoing manual reviews and automated scans and regular assessments, audits, or other technical and operational testing at least once every 12 months. (2) If a contractor engages any other person to assist it in processing personal information for a business purpose on behalf of the business, or if any other person engaged by the contractor engages another person to assist in processing personal information for that business purpose, it shall notify the business of that engagement, and the engagement shall be pursuant to a written contract binding the other person to observe all the requirements set forth in paragraph (1). (k) “Cross-context behavioral advertising” means the targeting of advertising to a consumer based on the consumer’s personal information obtained from the consumer’s activity across businesses, distinctly branded internet websites, applications, or services, other than the business, distinctly branded internet website, application, or service with which the consumer intentionally interacts. (l) “Dark pattern” means a user interface designed or manipulated with the substantial effect of subverting or impairing user autonomy, decisionmaking, or choice, as further defined by regulation. (m) “Deidentified” means information that cannot reasonably be used to infer information about, or otherwise be linked to, a particular consumer provided that the business that possesses the information: (1) Takes reasonable measures to ensure that the information cannot be associated with a consumer or household. (2) Publicly commits to maintain and use the information in deidentified form and not to attempt to reidentify the information, except that the business may attempt to reidentify the information solely for the purpose of determining whether its deidentification processes satisfy the requirements of this subdivision. (3) Contractually obligates any recipients of the information to comply with all provisions of this subdivision. (n) “Designated methods for submitting requests” means a mailing address, email address, internet web page, internet web portal, toll-free telephone number, or other applicable contact information, whereby consumers may submit a request or direction under this title, and any new, consumer-friendly means of contacting a business, as approved by the Attorney General pursuant to Section 1798.185. (o) “Device” means any physical object that is capable of connecting to the internet, directly or indirectly, or to another device. (p) “Homepage” means the introductory page of an internet website and any internet web page where personal information is collected. In the case of an online service, such as a mobile application, homepage means the application’s platform page or download page, a link within the application, such as from the application configuration, “About,” “Information,’’ or settings page, and any other location that allows consumers to review the notices required by this title, including, but not limited to, before downloading the application. (q) “Household” means a group, however identified, of consumers who cohabitate with one another at the same residential address and share use of common devices or services. (r) “Infer” or “inference” means the derivation of information, data, assumptions, or conclusions from facts, evidence, or another source of information or data. (s) “Intentionally interacts” means when the consumer intends to interact with a person, or disclose personal information to a person, via one or more deliberate interactions, including visiting the person’s internet website or purchasing a good or service from the person. Hovering over, muting, pausing, or closing a given piece of content does not constitute a consumer’s intent to interact with a person. (t) “Nonpersonalized advertising” means advertising and marketing that is based solely on a consumer’s personal information derived from the consumer’s current interaction with the business with the exception of the consumer’s precise geolocation. (u) “Person” means an individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, limited liability company, association, committee, and any other organization or group of persons acting in concert. (v) (1) “Personal information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal information includes, but is not limited to, the following if it identifies, relates to, describes, is reasonably capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular consumer or household: (A) Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers. (B) Any personal information described in subdivision (e) of Section 1798.80. (C) Characteristics of protected classifications under California or federal law. (D) Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. (E) Biometric information. (F) Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet website application, or advertisement. (G) Geolocation data. (H) Audio, electronic, visual, thermal, olfactory, or similar information. (I) Professional or employment-related information. (J) Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g; 34 C.F.R. Part 99). (K) Inferences drawn from any of the information identified in this subdivision to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. (L) Sensitive personal information. (2) (A) “Personal information” does not include publicly available information or lawfully obtained, truthful information that is a matter of public concern. (B) (i) For purposes of this paragraph, “publicly available” means any of the following: (I) Information that is lawfully made available from federal, state, or local government records. (II) Information that a business has a reasonable basis to believe is lawfully made available to the general public by the consumer or from widely distributed media. (III) Information made available by a person to whom the consumer has disclosed the information if the consumer has not restricted the information to a specific audience. (ii) “Publicly available” does not mean biometric information collected by a business about a consumer without the consumer’s knowledge. (3) “Personal information” does not include consumer information that is deidentified or aggregate consumer information. (4) “Personal information” can exist in various formats, including, but not limited to, all of the following: (A) Physical formats, including paper documents, printed images, vinyl records, or video tapes. (B) Digital formats, including text, image, audio, or video files. (C) Abstract digital formats, including compressed or encrypted files, metadata, or artificial intelligence systems that are capable of outputting personal information. (w) “Precise geolocation” means any data that is derived from a device and that is used or intended to be used to locate a consumer within a geographic area that is equal to or less than the area of a circle with a radius of 1,850 feet, except as prescribed by regulations. (x) “Probabilistic identifier” means the identification of a consumer or a consumer’s device to a degree of certainty of more probable than not based on any categories of personal information included in, or similar to, the categories enumerated in the definition of personal information. (y) “Processing” means any operation or set of operations that are performed on personal information or on sets of personal information, whether or not by automated means. (z) “Profiling” means any form of automated processing of personal information, as further defined by regulations pursuant to paragraph (15) of subdivision (a) of Section 1798.185, to evaluate certain personal aspects relating to a natural person and in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements. (aa) “Pseudonymize” or “pseudonymization” means the processing of personal information in a manner that renders the personal information no longer attributable to a specific consumer without the use of additional information, provided that the additional information is kept separately and is subject to technical and organizational measures to ensure that the personal information is not attributed to an identified or identifiable consumer. (ab) “Research” means scientific analysis, systematic study, and observation, including basic research or applied research that is designed to develop or contribute to public or scientific knowledge and that adheres or otherwise conforms to all other applicable ethics and privacy laws, including, but not limited to, studies conducted in the public interest in the area of public health. Research with personal information that may have been collected from a consumer in the course of the consumer’s interactions with a business’ service or device for other purposes shall be: (1) Compatible with the business purpose for which the personal information was collected. (2) Subsequently pseudonymized and deidentified, or deidentified and in the aggregate, such that the information cannot reasonably identify, relate to, describe, be capable of being associated with, or be linked, directly or indirectly, to a particular consumer, by a business. (3) Made subject to technical safeguards that prohibit reidentification of the consumer to whom the information may pertain, other than as needed to support the research. (4) Subject to business processes that specifically prohibit reidentification of the information, other than as needed to support the research. (5) Made subject to business processes to prevent inadvertent release of deidentified information. (6) Protected from any reidentification attempts. (7) Used solely for research purposes that are compatible with the context in which the personal information was collected. (8) Subjected by the business conducting the research to additional security controls that limit access to the research data to only those individuals as are necessary to carry out the research purpose. (ac) “Security and integrity” means the ability of: (1) Networks or information systems to detect security incidents that compromise the availability, authenticity, integrity, and confidentiality of stored or transmitted personal information. (2) Businesses to detect security incidents, resist malicious, deceptive, fraudulent, or illegal actions and to help prosecute those responsible for those actions. (3) Businesses to ensure the physical safety of natural persons. (ad) (1) “Sell,” “selling,” “sale,” or “sold,’’ means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to a third party for monetary or other valuable consideration. (2) For purposes of this title, a business does not sell personal information when: (A) A consumer uses or directs the business to intentionally: (i) Disclose personal information. (ii) Interact with one or more third parties. (B) The business uses or shares an identifier for a consumer who has opted out of the sale of the consumer’s personal information or limited the use of the consumer’s sensitive personal information for the purposes of alerting persons that the consumer has opted out of the sale of the consumer’s personal information or limited the use of the consumer’s sensitive personal information. (C) The business transfers to a third party the personal information of a consumer as an asset that is part of a merger, acquisition, bankruptcy, or other transaction in which the third party assumes control of all or part of the business, provided that information is used or shared consistently with this title. If a third party materially alters how it uses or shares the personal information of a consumer in a manner that is materially inconsistent with the promises made at the time of collection, it shall provide prior notice of the new or changed practice to the consumer. The notice shall be sufficiently prominent and robust to ensure that existing consumers can easily exercise their choices consistently with this title. This subparagraph does not authorize a business to make material, retroactive privacy policy changes or make other changes in their privacy policy in a manner that would violate the Unfair and Deceptive Practices Act (Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code). (ae) “Sensitive personal information” means: (1) Personal information that reveals: (A) A consumer’s social security, driver’s license, state identification card, or passport number. (B) A consumer’s account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account. (C) A consumer’s precise geolocation. (D) A consumer’s racial or ethnic origin, citizenship or immigration status, religious or philosophical beliefs, or union membership. (E) The contents of a consumer’s mail, email, and text messages unless the business is the intended recipient of the communication. (F) A consumer’s genetic data. (G) (i) A consumer’s neural data. (ii) “Neural data” means information that is generated by measuring the activity of a consumer’s central or peripheral nervous system, and that is not inferred from nonneural information. (2) (A) The processing of biometric information for the purpose of uniquely identifying a consumer. (B) Personal information collected and analyzed concerning a consumer’s health. (C) Personal information collected and analyzed concerning a consumer’s sex life or sexual orientation. (3) Sensitive personal information that is “publicly available” pursuant to paragraph (2) of subdivision (v) shall not be considered sensitive personal information or personal information. (af) “Service” or “services” means work, labor, and services, including services furnished in connection with the sale or repair of goods. (ag) (1) “Service provider” means a person that processes personal information on behalf of a business and that receives from or on behalf of the business consumer’s personal information for a business purpose pursuant to a written contract, provided that the contract prohibits the person from: (A) Selling or sharing the personal information. (B) Retaining, using, or disclosing the personal information for any purpose other than for the business purposes specified in the contract for the business, including retaining, using, or disclosing the personal information for a commercial purpose other than the business purposes specified in the contract with the business, or as otherwise permitted by this title. (C) Retaining, using, or disclosing the information outside of the direct business relationship between the service provider and the business. (D) Combining the personal information that the service provider receives from, or on behalf of, the business with personal information that it receives from, or on behalf of, another person or persons, or collects from its own interaction with the consumer, provided that the service provider may combine personal information to perform any business purpose as defined in regulations adopted pursuant to paragraph (9) of subdivision (a) of Section 1798.185, except as provided for in paragraph (6) of subdivision (e) of this section and in regulations adopted by the California Privacy Protection Agency. The contract may, subject to agreement with the service provider, permit the business to monitor the service provider’s compliance with the contract through measures, including, but not limited to, ongoing manual reviews and automated scans and regular assessments, audits, or other technical and operational testing at least once every 12 months. (2) If a service provider engages any other person to assist it in processing personal information for a business purpose on behalf of the business, or if any other person engaged by the service provider engages another person to assist in processing personal information for that business purpose, it shall notify the business of that engagement, and the engagement shall be pursuant to a written contract binding the other person to observe all the requirements set forth in paragraph (1). (ah) (1) “Share,” “shared,” or “sharing” means sharing, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to a third party for cross-context behavioral advertising, whether or not for monetary or other valuable consideration, including transactions between a business and a third party for cross-context behavioral advertising for the benefit of a business in which no money is exchanged. (2) For purposes of this title, a business does not share personal information when: (A) A consumer uses or directs the business to intentionally disclose personal information or intentionally interact with one or more third parties. (B) The business uses or shares an identifier for a consumer who has opted out of the sharing of the consumer’s personal information or limited the use of the consumer’s sensitive personal information for the purposes of alerting persons that the consumer has opted out of the sharing of the consumer’s personal information or limited the use of the consumer’s sensitive personal information. (C) The business transfers to a third party the personal information of a consumer as an asset that is part of a merger, acquisition, bankruptcy, or other transaction in which the third party assumes control of all or part of the business, provided that information is used or shared consistently with this title. If a third party materially alters how it uses or shares the personal information of a consumer in a manner that is materially inconsistent with the promises made at the time of collection, it shall provide prior notice of the new or changed practice to the consumer. The notice shall be sufficiently prominent and robust to ensure that existing consumers can easily exercise their choices consistently with this title. This subparagraph does not authorize a business to make material, retroactive privacy policy changes or make other changes in their privacy policy in a manner that would violate the Unfair and Deceptive Practices Act (Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code). (ai) “Third party” means a person who is not any of the following: (1) The business with whom the consumer intentionally interacts and that collects personal information from the consumer as part of the consumer’s current interaction with the business under this title. (2) A service provider to the business. (3) A contractor. (aj) “Unique identifier” or “unique personal identifier” means a persistent identifier that can be used to recognize a consumer, a family, or a device that is linked to a consumer or family, over time and across different services, including, but not limited to, a device identifier; an Internet Protocol address; cookies, beacons, pixel tags, mobile ad identifiers, or similar technology; customer number, unique pseudonym, or user alias; telephone numbers, or other forms of persistent or probabilistic identifiers that can be used to identify a particular consumer or device that is linked to a consumer or family. For purposes of this subdivision, “family” means a custodial parent or guardian and any children under 18 years of age over which the parent or guardian has custody. (ak) “Verifiable consumer request” means a request that is made by a consumer, by a consumer on behalf of the consumer’s minor child, by a natural person or a person registered with the Secretary of State, authorized by the consumer to act on the consumer’s behalf, or by a person who has power of attorney or is acting as a conservator for the consumer, and that the business can verify, using commercially reasonable methods, pursuant to regulations adopted by the Attorney General pursuant to paragraph (6) of subdivision (a) of Section 1798.185 to be the consumer about whom the business has collected personal information. A business is not obligated to provide information to the consumer pursuant to Sections 1798.110 and 1798.115, to delete personal information pursuant to Section 1798.105, or to correct inaccurate personal information pursuant to Section 1798.106, if the business cannot verify, pursuant to this subdivision and regulations adopted by the Attorney General pursuant to paragraph (6) of subdivision (a) of Section 1798.185, that the consumer making the request is the consumer about whom the business has collected information or is a person authorized by the consumer to act on such consumer’s behalf. (Amended by Stats. 2025, Ch. 67, Sec. 27. (AB 1170) Effective January 1, 2026.)
  132. 1798.145.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. )

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    This section lists exemptions and limits on California privacy-title obligations, including law-enforcement retention requests, privilege-based exceptions, employee-related information exclusions, and special response-time rules for consumer requests.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. ) ## 1798.145. Exemptions (a) (1) The obligations imposed on businesses by this title shall not restrict a business’s ability to: (A) Comply with federal, state, or local laws or comply with a court order or subpoena to provide information. (B) Comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by federal, state, or local authorities. Law enforcement agencies, including police and sheriff’s departments, may direct a business pursuant to a law enforcement agency-approved investigation with an active case number not to delete a consumer’s personal information, and, upon receipt of that direction, a business shall not delete the personal information for 90 days in order to allow the law enforcement agency to obtain a court-issued subpoena, order, or warrant to obtain a consumer’s personal information. For good cause and only to the extent necessary for investigatory purposes, a law enforcement agency may direct a business not to delete the consumer’s personal information for additional 90-day periods. A business that has received direction from a law enforcement agency not to delete the personal information of a consumer who has requested deletion of the consumer’s personal information shall not use the consumer’s personal information for any purpose other than retaining it to produce to law enforcement in response to a court-issued subpoena, order, or warrant unless the consumer’s deletion request is subject to an exemption from deletion under this title. (C) Cooperate with law enforcement agencies concerning conduct or activity that the business, service provider, or third party reasonably and in good faith believes may violate federal, state, or local law. (D) (i) Cooperate with a government agency request for emergency access to a consumer’s personal information if a natural person is at risk or danger of death or serious physical injury provided that: (I) The request is approved by a high-ranking agency officer for emergency access to a consumer’s personal information. (II) The request is based on the agency’s good faith determination that it has a lawful basis to access the information on a nonemergency basis. (III) The agency agrees to petition a court for an appropriate order within three days and to destroy the information if that order is not granted. (ii) For purposes of this subparagraph, a consumer accessing, procuring, or searching for services regarding contraception, pregnancy care, and perinatal care, including, but not limited to, abortion services, shall not constitute a natural person being at risk or danger of death or serious physical injury. (E) Exercise or defend legal claims. (F) Collect, use, retain, sell, share, or disclose consumers’ personal information that is deidentified or aggregate consumer information. (G) Collect, sell, or share a consumer’s personal information if every aspect of that commercial conduct takes place wholly outside of California. For purposes of this title, commercial conduct takes place wholly outside of California if the business collected that information while the consumer was outside of California, no part of the sale of the consumer’s personal information occurred in California, and no personal information collected while the consumer was in California is sold. This paragraph shall not prohibit a business from storing, including on a device, personal information about a consumer when the consumer is in California and then collecting that personal information when the consumer and stored personal information is outside of California. (2) (A) This subdivision shall not apply if the consumer’s personal information contains information related to accessing, procuring, or searching for services regarding contraception, pregnancy care, and perinatal care, including, but not limited to, abortion services. (B) This paragraph does not alter the use of aggregated or deidentified personal information consistent with a business purpose as defined in paragraphs (1), (2), (3), (4), (5), (7), or (8) of subdivision (e) of Section 1798.140, provided that the personal information is only retained in aggregated and deidentified form and is not sold or shared. (C) This paragraph does not alter the duty of a business to preserve or retain evidence pursuant to California or federal law in an ongoing civil proceeding. (b) The obligations imposed on businesses by Sections 1798.110, 1798.115, 1798.120, 1798.121, 1798.130, and 1798.135 shall not apply where compliance by the business with the title would violate an evidentiary privilege under California law and shall not prevent a business from providing the personal information of a consumer to a person covered by an evidentiary privilege under California law as part of a privileged communication. (c) (1) This title shall not apply to any of the following: (A) Medical information governed by the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1) or protected health information that is collected by a covered entity or business associate governed by the privacy, security, and breach notification rules issued by the United States Department of Health and Human Services, Parts 160 and 164 of Title 45 of the Code of Federal Regulations, established pursuant to the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191) and the Health Information Technology for Economic and Clinical Health Act (Public Law 111-5). (B) A provider of health care governed by the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1) or a covered entity governed by the privacy, security, and breach notification rules issued by the United States Department of Health and Human Services, Parts 160 and 164 of Title 45 of the Code of Federal Regulations, established pursuant to the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191), to the extent the provider or covered entity maintains patient information in the same manner as medical information or protected health information as described in subparagraph (A) of this section. (C) Personal information collected as part of a clinical trial or other biomedical research study subject to, or conducted in accordance with, the Federal Policy for the Protection of Human Subjects, also known as the Common Rule, pursuant to good clinical practice guidelines issued by the International Council for Harmonisation or pursuant to human subject protection requirements of the United States Food and Drug Administration, provided that the information is not sold or shared in a manner not permitted by this subparagraph, and, if it is inconsistent, that participants be informed of that use and provide consent. (2) For purposes of this subdivision, the definitions of “medical information” and “provider of health care” in Section 56.05 shall apply and the definitions of “business associate,” “covered entity,” and “protected health information” in Section 160.103 of Title 45 of the Code of Federal Regulations shall apply. (d) (1) This title shall not apply to an activity involving the collection, maintenance, disclosure, sale, communication, or use of any personal information bearing on a consumer’s creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living by a consumer reporting agency, as defined in subdivision (f) of Section 1681a of Title 15 of the United States Code, by a furnisher of information, as set forth in Section 1681s-2 of Title 15 of the United States Code, who provides information for use in a consumer report, as defined in subdivision (d) of Section 1681a of Title 15 of the United States Code, and by a user of a consumer report as set forth in Section 1681b of Title 15 of the United States Code. (2) Paragraph (1) shall apply only to the extent that such activity involving the collection, maintenance, disclosure, sale, communication, or use of such information by that agency, furnisher, or user is subject to regulation under the Fair Credit Reporting Act, Section 1681 et seq., Title 15 of the United States Code and the information is not collected, maintained, used, communicated, disclosed, or sold except as authorized by the Fair Credit Reporting Act. (3) This subdivision shall not apply to Section 1798.150. (e) This title shall not apply to personal information collected, processed, sold, or disclosed subject to the federal Gramm-Leach-Bliley Act (Public Law 106-102), and implementing regulations, or the California Financial Information Privacy Act (Division 1.4 (commencing with Section 4050) of the Financial Code), or the federal Farm Credit Act of 1971 (as amended in 12 U.S.C. 2001-2279cc and implementing regulations, 12 C.F.R. 600, et seq.). This subdivision shall not apply to Section 1798.150. (f) This title shall not apply to personal information collected, processed, sold, or disclosed pursuant to the Driver’s Privacy Protection Act of 1994 (18 U.S.C. Sec. 2721 et seq.). This subdivision shall not apply to Section 1798.150. (g) (1) Section 1798.120 shall not apply to vehicle information or ownership information retained or shared between a new motor vehicle dealer, as defined in Section 426 of the Vehicle Code, and the vehicle’s manufacturer, as defined in Section 672 of the Vehicle Code, if the vehicle information or ownership information is shared for the purpose of effectuating, or in anticipation of effectuating, a vehicle repair covered by a vehicle warranty or a recall conducted pursuant to Sections 30118 to 30120, inclusive, of Title 49 of the United States Code, provided that the new motor vehicle dealer or vehicle manufacturer with which that vehicle information or ownership information is shared does not sell, share, or use that information for any other purpose. (2) Section 1798.120 shall not apply to vessel information or ownership information retained or shared between a vessel dealer and the vessel’s manufacturer, as defined in Section 651 of the Harbors and Navigation Code, if the vessel information or ownership information is shared for the purpose of effectuating, or in anticipation of effectuating, a vessel repair covered by a vessel warranty or a recall conducted pursuant to Section 4310 of Title 46 of the United States Code, provided that the vessel dealer or vessel manufacturer with which that vessel information or ownership information is shared does not sell, share, or use that information for any other purpose. (3) For purposes of this subdivision: (A) “Ownership information” means the name or names of the registered owner or owners and the contact information for the owner or owners. (B) “Vehicle information” means the vehicle information number, make, model, year, and odometer reading. (C) “Vessel dealer” means a person who is engaged, wholly or in part, in the business of selling or offering for sale, buying or taking in trade for the purpose of resale, or exchanging, any vessel or vessels, as defined in Section 651 of the Harbors and Navigation Code, and receives or expects to receive money, profit, or any other thing of value. (D) “Vessel information” means the hull identification number, model, year, month and year of production, and information describing any of the following equipment as shipped, transferred, or sold from the place of manufacture, including all attached parts and accessories: (i) An inboard engine. (ii) An outboard engine. (iii) A stern drive unit. (iv) An inflatable personal floatation device approved under Section 160.076 of Title 46 of the Code of Federal Regulations. (h) Notwithstanding a business’s obligations to respond to and honor consumer rights requests pursuant to this title: (1) A time period for a business to respond to a consumer for any verifiable consumer request may be extended by up to a total of 90 days where necessary, taking into account the complexity and number of the requests. The business shall inform the consumer of any such extension within 45 days of receipt of the request, together with the reasons for the delay. (2) If the business does not take action on the request of the consumer, the business shall inform the consumer, without delay and at the latest within the time period permitted of response by this section, of the reasons for not taking action and any rights the consumer may have to appeal the decision to the business. (3) If requests from a consumer are manifestly unfounded or excessive, in particular because of their repetitive character, a business may either charge a reasonable fee, taking into account the administrative costs of providing the information or communication or taking the action requested, or refuse to act on the request and notify the consumer of the reason for refusing the request. The business shall bear the burden of demonstrating that any verifiable consumer request is manifestly unfounded or excessive. (i) (1) A business that discloses personal information to a service provider or contractor in compliance with this title shall not be liable under this title if the service provider or contractor receiving the personal information uses it in violation of the restrictions set forth in the title, provided that, at the time of disclosing the personal information, the business does not have actual knowledge, or reason to believe, that the service provider or contractor intends to commit such a violation. A service provider or contractor shall likewise not be liable under this title for the obligations of a business for which it provides services as set forth in this title provided that the service provider or contractor shall be liable for its own violations of this title. (2) A business that discloses personal information of a consumer, with the exception of consumers who have exercised their right to opt out of the sale or sharing of their personal information, consumers who have limited the use or disclosure of their sensitive personal information, and minor consumers who have not opted in to the collection or sale of their personal information, to a third party pursuant to a written contract that requires the third party to provide the same level of protection of the consumer’s rights under this title as provided by the business shall not be liable under this title if the third party receiving the personal information uses it in violation of the restrictions set forth in this title provided that, at the time of disclosing the personal information, the business does not have actual knowledge, or reason to believe, that the third party intends to commit such a violation. (j) This title shall not be construed to require a business, service provider, or contractor to: (1) Reidentify or otherwise link information that, in the ordinary course of business, is not maintained in a manner that would be considered personal information. (2) Retain any personal information about a consumer if, in the ordinary course of business, that information about the consumer would not be retained. (3) Maintain information in identifiable, linkable, or associable form, or collect, obtain, retain, or access any data or technology, in order to be capable of linking or associating a verifiable consumer request with personal information. (k) The rights afforded to consumers and the obligations imposed on the business in this title shall not adversely affect the rights and freedoms of other natural persons. A verifiable consumer request for specific pieces of personal information pursuant to Section 1798.110, to delete a consumer’s personal information pursuant to Section 1798.105, or to correct inaccurate personal information pursuant to Section 1798.106, shall not extend to personal information about the consumer that belongs to, or the business maintains on behalf of, another natural person. A business may rely on representations made in a verifiable consumer request as to rights with respect to personal information and is under no legal requirement to seek out other persons that may have or claim to have rights to personal information, and a business is under no legal obligation under this title or any other provision of law to take any action under this title in the event of a dispute between or among persons claiming rights to personal information in the business’s possession. (l) The rights afforded to consumers and the obligations imposed on any business under this title shall not apply to the extent that they infringe on the noncommercial activities of a person or entity described in subdivision (b) of Section 2 of Article I of the California Constitution. (m) (1) This title shall not apply to any of the following: (A) Personal information that is collected by a business about a natural person in the course of the natural person acting as a job applicant to, an employee of, owner of, director of, officer of, medical staff member of, or independent contractor of, that business to the extent that the natural person’s personal information is collected and used by the business solely within the context of the natural person’s role or former role as a job applicant to, an employee of, owner of, director of, officer of, medical staff member of, or an independent contractor of, that business. (B) Personal information that is collected by a business that is emergency contact information of the natural person acting as a job applicant to, an employee of, owner of, director of, officer of, medical staff member of, or independent contractor of, that business to the extent that the personal information is collected and used solely within the context of having an emergency contact on file. (C) Personal information that is necessary for the business to retain to administer benefits for another natural person relating to the natural person acting as a job applicant to, an employee of, owner of, director of, officer of, medical staff member of, or independent contractor of, that business to the extent that the personal information is collected and used solely within the context of administering those benefits. (2) For purposes of this subdivision: (A) “Independent contractor” means a natural person who provides any service to a business pursuant to a written contract. (B) “Director” means a natural person designated in the articles of incorporation as director, or elected by the incorporators and natural persons designated, elected, or appointed by any other name or title to act as directors, and their successors. (C) “Medical staff member” means a licensed physician and surgeon, dentist, or podiatrist, licensed pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code and a clinical psychologist as defined in Section 1316.5 of the Health and Safety Code. (D) “Officer” means a natural person elected or appointed by the board of directors to manage the daily operations of a corporation, including a chief executive officer, president, secretary, or treasurer. (E) “Owner” means a natural person who meets one of the following criteria: (i) Has ownership of, or the power to vote, more than 50 percent of the outstanding shares of any class of voting security of a business. (ii) Has control in any manner over the election of a majority of the directors or of individuals exercising similar functions. (iii) Has the power to exercise a controlling influence over the management of a company. (3) This subdivision shall not apply to subdivision (a) of Section 1798.100 or Section 1798.150. (4) This subdivision shall become inoperative on January 1, 2023. (n) (1) The obligations imposed on businesses by Sections 1798.100, 1798.105, 1798.106, 1798.110, 1798.115, 1798.121, 1798.130, and 1798.135 shall not apply to personal information reflecting a written or verbal communication or a transaction between the business and the consumer, where the consumer is a natural person who acted or is acting as an employee, owner, director, officer, or independent contractor of a company, partnership, sole proprietorship, nonprofit, or government agency and whose communications or transaction with the business occur solely within the context of the business conducting due diligence regarding, or providing or receiving a product or service to or from such company, partnership, sole proprietorship, nonprofit, or government agency. (2) For purposes of this subdivision: (A) “Independent contractor” means a natural person who provides any service to a business pursuant to a written contract. (B) “Director” means a natural person designated in the articles of incorporation as such or elected by the incorporators and natural persons designated, elected, or appointed by any other name or title to act as directors, and their successors. (C) “Officer” means a natural person elected or appointed by the board of directors to manage the daily operations of a corporation, such as a chief executive officer, president, secretary, or treasurer. (D) “Owner” means a natural person who meets one of the following: (i) Has ownership of, or the power to vote, more than 50 percent of the outstanding shares of any class of voting security of a business. (ii) Has control in any manner over the election of a majority of the directors or of individuals exercising similar functions. (iii) Has the power to exercise a controlling influence over the management of a company. (3) This subdivision shall become inoperative on January 1, 2023. (o) (1) Sections 1798.105 and 1798.120 shall not apply to a commercial credit reporting agency’s collection, processing, sale, or disclosure of business controller information to the extent the commercial credit reporting agency uses the business controller information solely to identify the relationship of a consumer to a business that the consumer owns or contact the consumer only in the consumer’s role as the owner, director, officer, or management employee of the business. (2) For the purposes of this subdivision: (A) “Business controller information” means the name or names of the owner or owners, director, officer, or management employee of a business and the contact information, including a business title, for the owner or owners, director, officer, or management employee. (B) “Commercial credit reporting agency” has the meaning set forth in subdivision (b) of Section 1785.42. (C) “Owner” means a natural person that meets one of the following: (i) Has ownership of, or the power to vote, more than 50 percent of the outstanding shares of any class of voting security of a business. (ii) Has control in any manner over the election of a majority of the directors or of individuals exercising similar functions. (iii) Has the power to exercise a controlling influence over the management of a company. (D) “Director” means a natural person designated in the articles of incorporation of a business as director, or elected by the incorporators and natural persons designated, elected, or appointed by any other name or title to act as directors, and their successors. (E) “Officer” means a natural person elected or appointed by the board of directors of a business to manage the daily operations of a corporation, including a chief executive officer, president, secretary, or treasurer. (F) “Management employee” means a natural person whose name and contact information is reported to or collected by a commercial credit reporting agency as the primary manager of a business and used solely within the context of the natural person’s role as the primary manager of the business. (p) The obligations imposed on businesses in Sections 1798.105, 1798.106, 1798.110, and 1798.115 shall not apply to household data. (q) (1) This title does not require a business to comply with a verifiable consumer request to delete a consumer’s personal information under Section 1798.105 to the extent the verifiable consumer request applies to a student’s grades, educational scores, or educational test results that the business holds on behalf of a local educational agency, as defined in subdivision (d) of Section 49073.1 of the Education Code, at which the student is currently enrolled. If a business does not comply with a request pursuant to this section, it shall notify the consumer that it is acting pursuant to this exception. (2) This title does not require, in response to a request pursuant to Section 1798.110, that a business disclose on educational standardized assessment or educational assessment or a consumer’s specific responses to the educational standardized assessment or educational assessment if consumer access, possession, or control would jeopardize the validity and reliability of that educational standardized assessment or educational assessment. If a business does not comply with a request pursuant to this section, it shall notify the consumer that it is acting pursuant to this exception. (3) For purposes of this subdivision: (A) “Educational standardized assessment or educational assessment” means a standardized or nonstandardized quiz, test, or other assessment used to evaluate students in or for entry to kindergarten and grades 1 to 12, inclusive, schools, postsecondary institutions, vocational programs, and postgraduate programs that are accredited by an accrediting agency or organization recognized by the State of California or the United States Department of Education, as well as certification and licensure examinations used to determine competency and eligibility to receive certification or licensure from a government agency or government certification body. (B) “Jeopardize the validity and reliability of that educational standardized assessment or educational assessment” means releasing information that would provide an advantage to the consumer who has submitted a verifiable consumer request or to another natural person. (r) Sections 1798.105 and 1798.120 shall not apply to a business’s use, disclosure, or sale of particular pieces of a consumer’s personal information if the consumer has consented to the business’s use, disclosure, or sale of that information to produce a physical item, including a school yearbook containing the consumer’s photograph if: (1) The business has incurred significant expense in reliance on the consumer’s consent. (2) Compliance with the consumer’s request to opt out of the sale of the consumer’s personal information or to delete the consumer’s personal information would not be commercially reasonable. (3) The business complies with the consumer’s request as soon as it is commercially reasonable to do so. (Amended by Stats. 2023, Ch. 567, Sec. 2. (AB 1194) Effective January 1, 2024. Subdivisions (m) and (n) inoperative January 1, 2023, by their own provisions.)
  133. 1798.146.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. )

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    This section excludes several health and research data categories from the title’s coverage.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. ) ## 1798.146. (a) This title shall not apply to any of the following: (1) Medical information governed by the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1) or protected health information that is collected by a covered entity or business associate governed by the privacy, security, and breach notification rules issued by the United States Department of Health and Human Services, Parts 160 and 164 of Title 45 of the Code of Federal Regulations, established pursuant to the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191) and the federal Health Information Technology for Economic and Clinical Health Act, Title XIII of the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5). (2) A provider of health care governed by the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1) or a covered entity governed by the privacy, security, and breach notification rules issued by the United States Department of Health and Human Services, Parts 160 and 164 of Title 45 of the Code of Federal Regulations, established pursuant to the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191), to the extent the provider or covered entity maintains, uses, and discloses patient information in the same manner as medical information or protected health information as described in paragraph (1). (3) A business associate of a covered entity governed by the privacy, security, and data breach notification rules issued by the United States Department of Health and Human Services, Parts 160 and 164 of Title 45 of the Code of Federal Regulations, established pursuant to the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191) and the federal Health Information Technology for Economic and Clinical Health Act, Title XIII of the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5), to the extent that the business associate maintains, uses, and discloses patient information in the same manner as medical information or protected health information as described in paragraph (1). (4) (A) Information that meets both of the following conditions: (i) It is deidentified in accordance with the requirements for deidentification set forth in Section 164.514 of Part 164 of Title 45 of the Code of Federal Regulations. (ii) It is derived from patient information that was originally collected, created, transmitted, or maintained by an entity regulated by the Health Insurance Portability and Accountability Act, the Confidentiality Of Medical Information Act, or the Federal Policy for the Protection of Human Subjects, also known as the Common Rule. (B) Information that met the requirements of subparagraph (A) but is subsequently reidentified shall no longer be eligible for the exemption in this paragraph, and shall be subject to applicable federal and state data privacy and security laws, including, but not limited to, the Health Insurance Portability and Accountability Act, the Confidentiality Of Medical Information Act, and this title. (5) Information that is collected, used, or disclosed in research, as defined in Section 164.501 of Title 45 of the Code of Federal Regulations, including, but not limited to, a clinical trial, and that is conducted in accordance with applicable ethics, confidentiality, privacy, and security rules of Part 164 of Title 45 of the Code of Federal Regulations, the Federal Policy for the Protection of Human Subjects, also known as the Common Rule, good clinical practice guidelines issued by the International Council for Harmonisation, or human subject protection requirements of the United States Food and Drug Administration. (b) For purposes of this section, all of the following shall apply: (1) “Business associate” has the same meaning as defined in Section 160.103 of Title 45 of the Code of Federal Regulations. (2) “Covered entity” has the same meaning as defined in Section 160.103 of Title 45 of the Code of Federal Regulations. (3) “Identifiable private information” has the same meaning as defined in Section 46.102 of Title 45 of the Code of Federal Regulations. (4) “Individually identifiable health information” has the same meaning as defined in Section 160.103 of Title 45 of the Code of Federal Regulations. (5) “Medical information” has the same meaning as defined in Section 56.05. (6) “Patient information” shall mean identifiable private information, protected health information, individually identifiable health information, or medical information. (7) “Protected health information” has the same meaning as defined in Section 160.103 of Title 45 of the Code of Federal Regulations. (8) “Provider of health care” has the same meaning as defined in Section 56.05. (Added by Stats. 2020, Ch. 172, Sec. 2. (AB 713) Effective September 25, 2020.)
  134. 1798.148.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. )

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    A business or other person generally may not reidentify deidentified information, except for listed purposes such as treatment, public health, research, certain contracts, or when required by law.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. ) ## 1798.148. (a) A business or other person shall not reidentify, or attempt to reidentify, information that has met the requirements of paragraph (4) of subdivision (a) of Section 1798.146, except for one or more of the following purposes: (1) Treatment, payment, or health care operations conducted by a covered entity or business associate acting on behalf of, and at the written direction of, the covered entity. For purposes of this paragraph, “treatment,” “payment,” “health care operations,” “covered entity,” and “business associate” have the same meaning as defined in Section 164.501 of Title 45 of the Code of Federal Regulations. (2) Public health activities or purposes as described in Section 164.512 of Title 45 of the Code of Federal Regulations. (3) Research, as defined in Section 164.501 of Title 45 of the Code of Federal Regulations, that is conducted in accordance with Part 46 of Title 45 of the Code of Federal Regulations, the Federal Policy for the Protection of Human Subjects, also known as the Common Rule. (4) Pursuant to a contract where the lawful holder of the deidentified information that met the requirements of paragraph (4) of subdivision (a) of Section 1798.146 expressly engages a person or entity to attempt to reidentify the deidentified information in order to conduct testing, analysis, or validation of deidentification, or related statistical techniques, if the contract bans any other use or disclosure of the reidentified information and requires the return or destruction of the information that was reidentified upon completion of the contract. (5) If otherwise required by law. (b) In accordance with paragraph (4) of subdivision (a) of Section 1798.146, information reidentified pursuant this section shall be subject to applicable federal and state data privacy and security laws including, but not limited to, the Health Insurance Portability and Accountability Act, the Confidentiality of Medical Information Act, and this title. (c) Beginning January 1, 2021, any contract for the sale or license of deidentified information that has met the requirements of paragraph (4) of subdivision (a) of Section 1798.146, where one of the parties is a person residing or doing business in the state, shall include the following, or substantially similar, provisions: (1) A statement that the deidentified information being sold or licensed includes deidentified patient information. (2) A statement that reidentification, and attempted reidentification, of the deidentified information by the purchaser or licensee of the information is prohibited pursuant to this section. (3) A requirement that, unless otherwise required by law, the purchaser or licensee of the deidentified information may not further disclose the deidentified information to any third party unless the third party is contractually bound by the same or stricter restrictions and conditions. (d) For purposes of this section, “reidentify” means the process of reversal of deidentification techniques, including, but not limited to, the addition of specific pieces of information or data elements that can, individually or in combination, be used to uniquely identify an individual or usage of any statistical method, contrivance, computer software, or other means that have the effect of associating deidentified information with a specific identifiable individual. (Added by Stats. 2020, Ch. 172, Sec. 3. (AB 713) Effective September 25, 2020.)
  135. 1798.15.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.8. PERSONAL DATA [1798 - 1798.78] ( Title 1.8 added by Stats. 1977, Ch. 709. ) ## CHAPTER 1. Information Practices Act of 1977 [1798 - 1798.78] ( Chapter 1 added by Stats. 1977, Ch. 709. ) ## ARTICLE 5. Agency Requirements [1798.14 - 1798.23] ( Article 5 added by Stats. 1977, Ch. 709. )

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    Each agency must collect personal information directly from the individual whenever practicable.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.8. PERSONAL DATA [1798 - 1798.78] ( Title 1.8 added by Stats. 1977, Ch. 709. ) ## CHAPTER 1. Information Practices Act of 1977 [1798 - 1798.78] ( Chapter 1 added by Stats. 1977, Ch. 709. ) ## ARTICLE 5. Agency Requirements [1798.14 - 1798.23] ( Article 5 added by Stats. 1977, Ch. 709. ) ## 1798.15. Each agency shall collect personal information to the greatest extent practicable directly from the individual who is the subject of the information rather than from another source. (Amended by Stats. 1985, Ch. 595, Sec. 6.)
  136. 1798.150.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. )

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    Consumers may sue for certain data-breach-related harms, but usually must first give the business 30 days’ written notice.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. ) ## 1798.150. Personal Information Security Breaches (a) (1) Any consumer whose nonencrypted and nonredacted personal information, as defined in subparagraph (A) of paragraph (1) of subdivision (d) of Section 1798.81.5, or whose email address in combination with a password or security question and answer that would permit access to the account is subject to an unauthorized access and exfiltration, theft, or disclosure as a result of the business’ violation of the duty to implement and maintain reasonable security procedures and practices appropriate to the nature of the information to protect the personal information may institute a civil action for any of the following: (A) To recover damages in an amount not less than one hundred dollars ($100) and not greater than seven hundred and fifty ($750) per consumer per incident or actual damages, whichever is greater. The amounts in this subdivision shall be adjusted pursuant to subdivision (d) of Section 1798.199.95. (B) Injunctive or declaratory relief. (C) Any other relief the court deems proper. (2) In assessing the amount of statutory damages, the court shall consider any one or more of the relevant circumstances presented by any of the parties to the case, including, but not limited to, the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, the willfulness of the defendant’s misconduct, and the defendant’s assets, liabilities, and net worth. (b) Actions pursuant to this section may be brought by a consumer if, prior to initiating any action against a business for statutory damages on an individual or class-wide basis, a consumer provides a business 30 days’ written notice identifying the specific provisions of this title the consumer alleges have been or are being violated. In the event a cure is possible, if within the 30 days the business actually cures the noticed violation and provides the consumer an express written statement that the violations have been cured and that no further violations shall occur, no action for individual statutory damages or class-wide statutory damages may be initiated against the business. The implementation and maintenance of reasonable security procedures and practices pursuant to Section 1798.81.5 following a breach does not constitute a cure with respect to that breach. No notice shall be required prior to an individual consumer initiating an action solely for actual pecuniary damages suffered as a result of the alleged violations of this title. If a business continues to violate this title in breach of the express written statement provided to the consumer under this section, the consumer may initiate an action against the business to enforce the written statement and may pursue statutory damages for each breach of the express written statement, as well as any other violation of the title that postdates the written statement. (c) The cause of action established by this section shall apply only to violations as defined in subdivision (a) and shall not be based on violations of any other section of this title. Nothing in this title shall be interpreted to serve as the basis for a private right of action under any other law. This shall not be construed to relieve any party from any duties or obligations imposed under other law or the United States or California Constitution. (Amended by Stats. 2024, Ch. 121, Sec. 6. (AB 3286) Effective January 1, 2025.)
  137. 1798.155.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. )

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    Violators of this title may face administrative fines, and the California Privacy Protection Agency may bring enforcement actions.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. ) ## 1798.155. Administrative Enforcement (a) Any business, service provider, contractor, or other person that violates this title shall be liable for an administrative fine of not more than two thousand five hundred dollars ($2,500) for each violation or seven thousand five hundred dollars ($7,500) for each intentional violation or violations involving the personal information of consumers whom the business, service provider, contractor, or other person has actual knowledge are under 16 years of age, as adjusted pursuant to subdivision (d) of Section 1798.199.95, in an administrative enforcement action brought by the California Privacy Protection Agency. (b) (1) Ninety-five percent of any administrative fine assessed for a violation of this title, and of the proceeds of any settlement of an action brought pursuant to subdivision (a), shall be deposited into the Consumer Privacy Subfund created within the Consumer Privacy Fund pursuant to subdivision (b) of Section 1798.160, and shall be used exclusively by the California Privacy Protection Agency in carrying out its duties under this title. (2) Five percent of any administrative fine assessed for a violation of this title, and of the proceeds of any settlement of an action brought pursuant to subdivision (a), shall be deposited into the Consumer Privacy Grant Subfund created within the Consumer Privacy Fund pursuant to subdivision (d) of Section 1798.160. (Amended by Stats. 2025, Ch. 20, Sec. 1. (AB 137) Effective June 30, 2025.)
  138. 1798.16.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.8. PERSONAL DATA [1798 - 1798.78] ( Title 1.8 added by Stats. 1977, Ch. 709. ) ## CHAPTER 1. Information Practices Act of 1977 [1798 - 1798.78] ( Chapter 1 added by Stats. 1977, Ch. 709. ) ## ARTICLE 5. Agency Requirements [1798.14 - 1798.23] ( Article 5 added by Stats. 1977, Ch. 709. )

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    Agencies must keep the source of collected personal information, and for electronic collections must retain the source or any intermediate form, unless stated exceptions apply.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.8. PERSONAL DATA [1798 - 1798.78] ( Title 1.8 added by Stats. 1977, Ch. 709. ) ## CHAPTER 1. Information Practices Act of 1977 [1798 - 1798.78] ( Chapter 1 added by Stats. 1977, Ch. 709. ) ## ARTICLE 5. Agency Requirements [1798.14 - 1798.23] ( Article 5 added by Stats. 1977, Ch. 709. ) ## 1798.16. (a) Whenever an agency collects personal information, the agency shall maintain the source or sources of the information, unless the source is the data subject or he or she has received a copy of the source document, including, but not limited to, the name of any source who is an individual acting in his or her own private or individual capacity. If the source is an agency, governmental entity or other organization, such as a corporation or association, this requirement can be met by maintaining the name of the agency, governmental entity, or organization, as long as the smallest reasonably identifiable unit of that agency, governmental entity, or organization is named. (b) On or after July 1, 2001, unless otherwise authorized by the Department of Information Technology pursuant to Executive Order D-3-99, whenever an agency electronically collects personal information, as defined by Section 11015.5 of the Government Code, the agency shall retain the source or sources or any intermediate form of the information, if either are created or possessed by the agency, unless the source is the data subject that has requested that the information be discarded or the data subject has received a copy of the source document. (c) The agency shall maintain the source or sources of the information in a readily accessible form so as to be able to provide it to the data subject when they inspect any record pursuant to Section 1798.34. This section shall not apply if the source or sources are exempt from disclosure under the provisions of this chapter. (Amended by Stats. 1999, Ch. 784, Sec. 7. Effective October 10, 1999.)
  139. 1798.160.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. )

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    This section creates the Consumer Privacy Fund and related subfunds, restricts how the money may be used, and directs specific percentages of privacy fines and penalties into those funds.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. ) ## 1798.160. Consumer Privacy Fund (a) (1) A special fund to be known as the “Consumer Privacy Fund” is hereby created within the General Fund in the State Treasury, and is available upon appropriation by the Legislature. (2) Funds in the Consumer Privacy Fund and all subfunds within the fund shall be used exclusively for the purposes described in this section and shall not be subject to appropriation or transfer by the Legislature for any other purpose. Any interest and earnings from the fund and all subfunds within the fund shall be transferred on an annual basis to the State Treasury to be available in the General Fund for appropriation by the Legislature. (b) (1) The Consumer Privacy Subfund is hereby created within the Consumer Privacy Fund and is available upon appropriation by the Legislature. Funds in the Consumer Privacy Subfund shall be used exclusively for the purposes described in this subdivision. (2) Ninety-five percent of any administrative fine recovered in an action brought by the California Privacy Protection Agency for a violation of this title shall be deposited into the Consumer Privacy Subfund and shall be used exclusively by the California Privacy Protection Agency in carrying out its duties under this title. (c) (1) The Attorney General Consumer Privacy Enforcement Subfund is hereby created within the Consumer Privacy Fund and is available upon appropriation by the Legislature. Funds in the Attorney General Consumer Privacy Enforcement Subfund shall be used exclusively for the purposes described in this subdivision. (2) Ninety-five percent of any civil penalty recovered in an action brought by the Attorney General for a violation of this title shall be deposited into the Attorney General Consumer Privacy Enforcement Subfund and shall be used exclusively by the Attorney General in carrying out its duties under this title. (d) The Consumer Privacy Grant Subfund is hereby created within the Consumer Privacy Fund and is available upon appropriation by the Legislature. Funds in the Consumer Privacy Subfund shall be used exclusively for the purposes described in this subdivision. (1) (A) Five percent of any administrative fine recovered in an action brought by the California Privacy Protection Agency for a violation of this title shall be deposited into the Consumer Privacy Grant Subfund. (B) Five percent of any civil penalty recovered in an action brought by the Attorney General for a violation of this title shall be deposited into the Consumer Privacy Grant Subfund. (2) (A) Funds deposited into the Consumer Privacy Grant Subfund shall be used exclusively by the California Privacy Protection Agency to administer and distribute grants to promote and protect consumer privacy, educate children in the area of online privacy, and fund cooperative programs with international law enforcement organizations to combat fraudulent activities with respect to consumer data breaches. (B) Subject to subparagraph (A), the California Privacy Protection Agency shall make grants from the Consumer Privacy Grant Subfund by distributing one-third of the amount allocated for grant funding in the subfund to each of the following grant recipients: (i) Nonprofit organizations to promote and protect consumer privacy. (ii) Nonprofit organizations and public agencies, including school districts, to educate children in the area of online privacy. (iii) State and local law enforcement agencies to fund cooperative programs with international law enforcement organizations to combat fraudulent activities with respect to consumer data breaches. (3) (A) The California Privacy Protection Agency shall begin administering the grant program described in paragraph (2) when the amount of funds in the Consumer Privacy Grant Subfund exceeds three hundred thousand dollars ($300,000). (B) In a fiscal year in which the amount of funds in the Consumer Privacy Grant Subfund is equal to or less than three hundred thousand dollars ($300,000), the funds shall remain in the Consumer Privacy Grant Subfund until the total funds exceed three hundred thousand dollars ($300,000). (e) Any remaining funds in the Consumer Privacy Fund and subfunds within the fund that were not appropriated as part of the 2025 Budget Act shall be transferred on a one-time basis in the 2025–26 fiscal year as follows: (1) Forty-five percent of the remaining funds shall be transferred to the Consumer Privacy Subfund created within the Consumer Privacy Fund pursuant to subdivision (b). (2) Forty-five percent of the remaining funds shall be transferred to the Attorney General Consumer Privacy Enforcement Subfund created within the Consumer Privacy Fund pursuant to subdivision (c). (3) Ten percent of the remaining funds shall be transferred to the Consumer Privacy Grant Subfund created within the Consumer Privacy Fund pursuant to subdivision (d) of Section 1798.160. (Amended by Stats. 2025, Ch. 20, Sec. 2. (AB 137) Effective June 30, 2025.)
  140. 1798.17.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.8. PERSONAL DATA [1798 - 1798.78] ( Title 1.8 added by Stats. 1977, Ch. 709. ) ## CHAPTER 1. Information Practices Act of 1977 [1798 - 1798.78] ( Chapter 1 added by Stats. 1977, Ch. 709. ) ## ARTICLE 5. Agency Requirements [1798.14 - 1798.23] ( Article 5 added by Stats. 1977, Ch. 709. )

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    Agencies must give a specified notice on or with forms that collect personal information from individuals, with stated exceptions.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.8. PERSONAL DATA [1798 - 1798.78] ( Title 1.8 added by Stats. 1977, Ch. 709. ) ## CHAPTER 1. Information Practices Act of 1977 [1798 - 1798.78] ( Chapter 1 added by Stats. 1977, Ch. 709. ) ## ARTICLE 5. Agency Requirements [1798.14 - 1798.23] ( Article 5 added by Stats. 1977, Ch. 709. ) ## 1798.17. Each agency shall provide on or with any form used to collect personal information from individuals the notice specified in this section. When contact with the individual is of a regularly recurring nature, an initial notice followed by a periodic notice of not more than one-year intervals shall satisfy this requirement. This requirement is also satisfied by notification to individuals of the availability of the notice in annual tax-related pamphlets or booklets provided for them. The notice shall include all of the following: (a) The name of the agency and the division within the agency that is requesting the information. (b) The title, business address, and telephone number of the agency official who is responsible for the system of records and who shall, upon request, inform an individual regarding the location of his or her records and the categories of any persons who use the information in those records. (c) The authority, whether granted by statute, regulation, or executive order which authorizes the maintenance of the information. (d) With respect to each item of information, whether submission of such information is mandatory or voluntary. (e) The consequences, if any, of not providing all or any part of the requested information. (f) The principal purpose or purposes within the agency for which the information is to be used. (g) Any known or foreseeable disclosures which may be made of the information pursuant to subdivision (e) or (f) of Section 1798.24. (h) The individual’s right of access to records containing personal information which are maintained by the agency. This section does not apply to any enforcement document issued by an employee of a law enforcement agency in the performance of his or her duties wherein the violator is provided an exact copy of the document, or to accident reports whereby the parties of interest may obtain a copy of the report pursuant to Section 20012 of the Vehicle Code. The notice required by this section does not apply to agency requirements for an individual to provide his or her name, identifying number, photograph, address, or similar identifying information, if this information is used only for the purpose of identification and communication with the individual by the agency, except that requirements for an individual’s social security number shall conform with the provisions of the Federal Privacy Act of 1974 (Public Law 93-579). (Amended by Stats. 1985, Ch. 595, Sec. 7.)
  141. 1798.175.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. )

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    This section says the privacy title is meant to strengthen privacy rights, cover all personal information collected by a business from consumers, and control in a conflict with other laws when the other law gives less privacy protection.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. ) ## 1798.175. Conflicting Provisions This title is intended to further the constitutional right of privacy and to supplement existing laws relating to consumers’ personal information, including, but not limited to, Chapter 22 (commencing with Section 22575) of Division 8 of the Business and Professions Code and Title 1.81 (commencing with Section 1798.80). The provisions of this title are not limited to information collected electronically or over the Internet, but apply to the collection and sale of all personal information collected by a business from consumers. Wherever possible, law relating to consumers’ personal information should be construed to harmonize with the provisions of this title, but in the event of a conflict between other laws and the provisions of this title, the provisions of the law that afford the greatest protection for the right of privacy for consumers shall control. (Amended November 3, 2020, by initiative Proposition 24, Sec. 19. Effective December 16, 2020. Operative January 1, 2023, pursuant to Sec. 31 of Proposition 24.)
  142. 1798.18.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.8. PERSONAL DATA [1798 - 1798.78] ( Title 1.8 added by Stats. 1977, Ch. 709. ) ## CHAPTER 1. Information Practices Act of 1977 [1798 - 1798.78] ( Chapter 1 added by Stats. 1977, Ch. 709. ) ## ARTICLE 5. Agency Requirements [1798.14 - 1798.23] ( Article 5 added by Stats. 1977, Ch. 709. )

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    Agencies must keep records accurate, relevant, timely, and complete as much as possible, and must fix certain records when transferring them outside state government.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.8. PERSONAL DATA [1798 - 1798.78] ( Title 1.8 added by Stats. 1977, Ch. 709. ) ## CHAPTER 1. Information Practices Act of 1977 [1798 - 1798.78] ( Chapter 1 added by Stats. 1977, Ch. 709. ) ## ARTICLE 5. Agency Requirements [1798.14 - 1798.23] ( Article 5 added by Stats. 1977, Ch. 709. ) ## 1798.18. Each agency shall maintain all records, to the maximum extent possible, with accuracy, relevance, timeliness, and completeness. Such standard need not be met except when such records are used to make any determination about the individual. When an agency transfers a record outside of state government, it shall correct, update, withhold, or delete any portion of the record that it knows or has reason to believe is inaccurate or untimely. (Added by Stats. 1977, Ch. 709.)
  143. 1798.180.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. )

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    This section says the title overrides local laws on the collection and sale of consumers’ personal information by a business.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. ) ## 1798.180. Preemption This title is a matter of statewide concern and supersedes and preempts all rules, regulations, codes, ordinances, and other laws adopted by a city, county, city and county, municipality, or local agency regarding the collection and sale of consumers’ personal information by a business. (Amended November 3, 2020, by initiative Proposition 24, Sec. 20. Effective December 16, 2020. Operative January 1, 2023, pursuant to Sec. 31 of Proposition 24.)
  144. 1798.185.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. )

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    This section requires the Attorney General to adopt privacy regulations, and later shifts that rulemaking authority to the California Privacy Protection Agency.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. ) ## 1798.185. Regulations (a) On or before July 1, 2020, the Attorney General shall solicit broad public participation and adopt regulations to further the purposes of this title, including, but not limited to, the following areas: (1) Updating or adding categories of personal information to those enumerated in subdivision (c) of Section 1798.130 and subdivision (v) of Section 1798.140, and updating or adding categories of sensitive personal information to those enumerated in subdivision (ae) of Section 1798.140 in order to address changes in technology, data collection practices, obstacles to implementation, and privacy concerns. (2) Updating as needed the definitions of “deidentified” and “unique identifier” to address changes in technology, data collection, obstacles to implementation, and privacy concerns, and adding, modifying, or deleting categories to the definition of designated methods for submitting requests to facilitate a consumer’s ability to obtain information from a business pursuant to Section 1798.130. The authority to update the definition of “deidentified” shall not apply to deidentification standards set forth in Section 164.514 of Title 45 of the Code of Federal Regulations, where such information previously was “protected health information” as defined in Section 160.103 of Title 45 of the Code of Federal Regulations. (3) Establishing any exceptions necessary to comply with state or federal law, including, but not limited to, those relating to trade secrets and intellectual property rights, within one year of passage of this title and as needed thereafter, with the intention that trade secrets should not be disclosed in response to a verifiable consumer request. (4) Establishing rules and procedures for the following: (A) To facilitate and govern the submission of a request by a consumer to opt out of the sale or sharing of personal information pursuant to Section 1798.120 and to limit the use of a consumer’s sensitive personal information pursuant to Section 1798.121 to ensure that consumers have the ability to exercise their choices without undue burden and to prevent business from engaging in deceptive or harassing conduct, including in retaliation against consumers for exercising their rights, while allowing businesses to inform consumers of the consequences of their decision to opt out of the sale or sharing of their personal information or to limit the use of their sensitive personal information. (B) To govern business compliance with a consumer’s opt-out request. (C) For the development and use of a recognizable and uniform opt-out logo or button by all businesses to promote consumer awareness of the opportunity to opt out of the sale of personal information. (5) Establishing rules, procedures, and any exceptions necessary to ensure that the notices and information that businesses are required to provide pursuant to this title are provided in a manner that may be easily understood by the average consumer, are accessible to consumers with disabilities, and are available in the language primarily used to interact with the consumer, including establishing rules and guidelines regarding financial incentives within one year of passage of this title and as needed thereafter. (6) Establishing rules and procedures to further the purposes of Sections 1798.105, 1798.106, 1798.110, and 1798.115 and to facilitate a consumer’s or the consumer’s authorized agent’s ability to delete personal information, correct inaccurate personal information pursuant to Section 1798.106, or obtain information pursuant to Section 1798.130, with the goal of minimizing the administrative burden on consumers, taking into account available technology, security concerns, and the burden on the business, to govern a business’ determination that a request for information received from a consumer is a verifiable consumer request, including treating a request submitted through a password-protected account maintained by the consumer with the business while the consumer is logged into the account as a verifiable consumer request and providing a mechanism for a consumer who does not maintain an account with the business to request information through the business’ authentication of the consumer’s identity, within one year of passage of this title and as needed thereafter. (7) Establishing how often, and under what circumstances, a consumer may request a correction pursuant to Section 1798.106, including standards governing the following: (A) How a business responds to a request for correction, including exceptions for requests to which a response is impossible or would involve disproportionate effort, and requests for correction of accurate information. (B) How concerns regarding the accuracy of the information may be resolved. (C) The steps a business may take to prevent fraud. (D) If a business rejects a request to correct personal information collected and analyzed concerning a consumer’s health, the right of a consumer to provide a written addendum to the business with respect to any item or statement regarding any such personal information that the consumer believes to be incomplete or incorrect. The addendum shall be limited to 250 words per alleged incomplete or incorrect item and shall clearly indicate in writing that the consumer requests the addendum to be made a part of the consumer’s record. (8) Establishing the standard to govern a business’ determination, pursuant to subparagraph (B) of paragraph (2) of subdivision (a) of Section 1798.130, that providing information beyond the 12-month period in a response to a verifiable consumer request is impossible or would involve a disproportionate effort. (9) Issuing regulations further defining and adding to the business purposes, including other notified purposes, for which businesses, service providers, and contractors may use consumers’ personal information consistent with consumers’ expectations, and further defining the business purposes for which service providers and contractors may combine consumers’ personal information obtained from different sources, except as provided for in paragraph (6) of subdivision (e) of Section 1798.140. (10) Issuing regulations identifying those business purposes, including other notified purposes, for which service providers and contractors may use consumers’ personal information received pursuant to a written contract with a business, for the service provider or contractor’s own business purposes, with the goal of maximizing consumer privacy. (11) Issuing regulations to further define “intentionally interacts,” with the goal of maximizing consumer privacy. (12) Issuing regulations to further define “precise geolocation,” including if the size defined is not sufficient to protect consumer privacy in sparsely populated areas or when the personal information is used for normal operational purposes, including billing. (13) Issuing regulations to define the term “specific pieces of information obtained from the consumer” with the goal of maximizing a consumer’s right to access relevant personal information while minimizing the delivery of information to a consumer that would not be useful to the consumer, including system log information and other technical data. For delivery of the most sensitive personal information, the regulations may require a higher standard of authentication provided that the agency shall monitor the impact of the higher standard on the right of consumers to obtain their personal information to ensure that the requirements of verification do not result in the unreasonable denial of verifiable consumer requests. (14) Issuing regulations requiring businesses whose processing of consumers’ personal information presents significant risk to consumers’ privacy or security, to: (A) Perform a cybersecurity audit on an annual basis, including defining the scope of the audit and establishing a process to ensure that audits are thorough and independent. The factors to be considered in determining when processing may result in significant risk to the security of personal information shall include the size and complexity of the business and the nature and scope of processing activities. (B) Submit to the California Privacy Protection Agency on a regular basis a risk assessment with respect to their processing of personal information, including whether the processing involves sensitive personal information, and identifying and weighing the benefits resulting from the processing to the business, the consumer, other stakeholders, and the public, against the potential risks to the rights of the consumer associated with that processing, with the goal of restricting or prohibiting the processing if the risks to privacy of the consumer outweigh the benefits resulting from processing to the consumer, the business, other stakeholders, and the public. Nothing in this section shall require a business to divulge trade secrets. (15) Issuing regulations governing access and opt-out rights with respect to a business’ use of automated decisionmaking technology, including profiling and requiring a business’ response to access requests to include meaningful information about the logic involved in those decisionmaking processes, as well as a description of the likely outcome of the process with respect to the consumer. (16) Issuing regulations to further define a “law enforcement agency-approved investigation” for purposes of the exception in subparagraph (B) of paragraph (1) of subdivision (a) of Section 1798.145. (17) Issuing regulations to define the scope and process for the exercise of the agency’s audit authority, to establish criteria for selection of persons to audit, and to protect consumers’ personal information from disclosure to an auditor in the absence of a court order, warrant, or subpoena. (18) (A) Issuing regulations to define the requirements and technical specifications for an opt-out preference signal sent by a platform, technology, or mechanism, to indicate a consumer’s intent to opt out of the sale or sharing of the consumer’s personal information and to limit the use or disclosure of the consumer’s sensitive personal information. The requirements and specifications for the opt-out preference signal should be updated from time to time to reflect the means by which consumers interact with businesses, and should: (i) Ensure that the manufacturer of a platform or browser or device that sends the opt-out preference signal cannot unfairly disadvantage another business. (ii) Ensure that the opt-out preference signal is consumer-friendly, clearly described, and easy to use by an average consumer and does not require that the consumer provide additional information beyond what is necessary. (iii) Clearly represent a consumer’s intent and be free of defaults constraining or presupposing that intent. (iv) Ensure that the opt-out preference signal does not conflict with other commonly used privacy settings or tools that consumers may employ. (v) Provide a mechanism for the consumer to selectively consent to a business’ sale of the consumer’s personal information, or the use or disclosure of the consumer’s sensitive personal information, without affecting the consumer’s preferences with respect to other businesses or disabling the opt-out preference signal globally. (vi) State that in the case of a page or setting view that the consumer accesses to set the opt-out preference signal, the consumer should see up to three choices, including: (I) Global opt out from sale and sharing of personal information, including a direction to limit the use of sensitive personal information. (II) Choice to “Limit the Use of My Sensitive Personal Information.” (III) Choice titled “Do Not Sell/Do Not Share My Personal Information for Cross-Context Behavioral Advertising.” (B) Issuing regulations to establish technical specifications for an opt-out preference signal that allows the consumer, or the consumer’s parent or guardian, to specify that the consumer is less than 13 years of age or at least 13 years of age and less than 16 years of age. (C) Issuing regulations, with the goal of strengthening consumer privacy while considering the legitimate operational interests of businesses, to govern the use or disclosure of a consumer’s sensitive personal information, notwithstanding the consumer’s direction to limit the use or disclosure of the consumer’s sensitive personal information, including: (i) Determining any additional purposes for which a business may use or disclose a consumer’s sensitive personal information. (ii) Determining the scope of activities permitted under paragraph (8) of subdivision (e) of Section 1798.140, as authorized by subdivision (a) of Section 1798.121, to ensure that the activities do not involve health-related research. (iii) Ensuring the functionality of the business’ operations. (iv) Ensuring that the exemption in subdivision (d) of Section 1798.121 for sensitive personal information applies to information that is collected or processed incidentally, or without the purpose of inferring characteristics about a consumer, while ensuring that businesses do not use the exemption for the purpose of evading consumers’ rights to limit the use and disclosure of their sensitive personal information under Section 1798.121. (19) Issuing regulations to govern how a business that has elected to comply with subdivision (b) of Section 1798.135 responds to the opt-out preference signal and provides consumers with the opportunity subsequently to consent to the sale or sharing of their personal information or the use and disclosure of their sensitive personal information for purposes in addition to those authorized by subdivision (a) of Section 1798.121. The regulations should: (A) Strive to promote competition and consumer choice and be technology neutral. (B) Ensure that the business does not respond to an opt-out preference signal by: (i) Intentionally degrading the functionality of the consumer experience. (ii) Charging the consumer a fee in response to the consumer’s opt-out preferences. (iii) Making any products or services not function properly or fully for the consumer, as compared to consumers who do not use the opt-out preference signal. (iv) Attempting to coerce the consumer to opt in to the sale or sharing of the consumer’s personal information, or the use or disclosure of the consumer’s sensitive personal information, by stating or implying that the use of the opt-out preference signal will adversely affect the consumer as compared to consumers who do not use the opt-out preference signal, including stating or implying that the consumer will not be able to use the business’ products or services or that those products or services may not function properly or fully. (v) Displaying any notification or popup in response to the consumer’s opt-out preference signal. (C) Ensure that any link to a web page or its supporting content that allows the consumer to consent to opt in: (i) Is not part of a popup, notice, banner, or other intrusive design that obscures any part of the web page the consumer intended to visit from full view or that interferes with or impedes in any way the consumer’s experience visiting or browsing the web page or internet website the consumer intended to visit. (ii) Does not require or imply that the consumer must click the link to receive full functionality of any products or services, including the internet website. (iii) Does not make use of any dark patterns. (iv) Applies only to the business with which the consumer intends to interact. (D) Strive to curb coercive or deceptive practices in response to an opt-out preference signal but should not unduly restrict businesses that are trying in good faith to comply with Section 1798.135. (20) Review existing Insurance Code provisions and regulations relating to consumer privacy, except those relating to insurance rates or pricing, to determine whether any provisions of the Insurance Code provide greater protection to consumers than the provisions of this title. Upon completing its review, the agency shall adopt a regulation that applies only the more protective provisions of this title to insurance companies. For the purpose of clarity, the Insurance Commissioner shall have jurisdiction over insurance rates and pricing. (21) Harmonizing the regulations governing opt-out mechanisms, notices to consumers, and other operational mechanisms in this title to promote clarity and the functionality of this title for consumers. (b) The Attorney General may adopt additional regulations as necessary to further the purposes of this title. (c) The Attorney General shall not bring an enforcement action under this title until six months after the publication of the final regulations issued pursuant to this section or July 1, 2020, whichever is sooner. (d) Notwithstanding subdivision (a), the timeline for adopting final regulations required by the act adding this subdivision shall be July 1, 2022. Beginning the later of July 1, 2021, or six months after the agency provides notice to the Attorney General that it is prepared to begin rulemaking under this title, the authority assigned to the Attorney General to adopt regulations under this section shall be exercised by the California Privacy Protection Agency. Notwithstanding any other law, civil and administrative enforcement of the provisions of law added or amended by this act shall not commence until July 1, 2023, and shall only apply to violations occurring on or after that date. Enforcement of provisions of law contained in the California Consumer Privacy Act of 2018 amended by this act shall remain in effect and shall be enforceable until the same provisions of this act become enforceable. (Amended by Stats. 2025, Ch. 67, Sec. 28. (AB 1170) Effective January 1, 2026.)
  145. 1798.19.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.8. PERSONAL DATA [1798 - 1798.78] ( Title 1.8 added by Stats. 1977, Ch. 709. ) ## CHAPTER 1. Information Practices Act of 1977 [1798 - 1798.78] ( Chapter 1 added by Stats. 1977, Ch. 709. ) ## ARTICLE 5. Agency Requirements [1798.14 - 1798.23] ( Article 5 added by Stats. 1977, Ch. 709. )

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    When an agency contracts out record operation or maintenance for records with personal information, it must make this chapter apply to those records.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.8. PERSONAL DATA [1798 - 1798.78] ( Title 1.8 added by Stats. 1977, Ch. 709. ) ## CHAPTER 1. Information Practices Act of 1977 [1798 - 1798.78] ( Chapter 1 added by Stats. 1977, Ch. 709. ) ## ARTICLE 5. Agency Requirements [1798.14 - 1798.23] ( Article 5 added by Stats. 1977, Ch. 709. ) ## 1798.19. Each agency when it provides by contract for the operation or maintenance of records containing personal information to accomplish an agency function, shall cause, consistent with its authority, the requirements of this chapter to be applied to those records. For purposes of Article 10 (commencing with Section 1798.55), any contractor and any employee of the contractor, if the contract is agreed to on or after July 1, 1978, shall be considered to be an employee of an agency. Local government functions mandated by the state are not deemed agency functions within the meaning of this section. (Amended by Stats. 1985, Ch. 595, Sec. 8.)
  146. 1798.190.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. )

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    A court or agency must ignore intermediate steps or transactions if they were arranged to avoid this title or the definitions of sell or share.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. ) ## 1798.190. Anti-Avoidance A court or the agency shall disregard the intermediate steps or transactions for purposes of effectuating the purposes of this title: (a) If a series of steps or transactions were component parts of a single transaction intended from the beginning to be taken with the intention of avoiding the reach of this title, including the disclosure of information by a business to a third party in order to avoid the definition of sell or share. (b) If steps or transactions were taken to purposely avoid the definition of sell or share by eliminating any monetary or other valuable consideration, including by entering into contracts that do not include an exchange for monetary or other valuable consideration, but where a party is obtaining something of value or use. (Amended November 3, 2020, by initiative Proposition 24, Sec. 22. Effective December 16, 2020. Operative January 1, 2023, pursuant to Sec. 31 of Proposition 24.)
  147. 1798.192.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. )

    Verify source ↗

    Contract terms cannot waive or limit rights under this title, but consumers may still decline to request information, decline to opt out, or later authorize sale/share after opting out.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. ) ## 1798.192. Waiver Any provision of a contract or agreement of any kind, including a representative action waiver, that purports to waive or limit in any way rights under this title, including, but not limited to, any right to a remedy or means of enforcement, shall be deemed contrary to public policy and shall be void and unenforceable. This section shall not prevent a consumer from declining to request information from a business, declining to opt out of a business’s sale of the consumer’s personal information, or authorizing a business to sell or share the consumer’s personal information after previously opting out. (Amended November 3, 2020, by initiative Proposition 24, Sec. 23. Effective December 16, 2020. Operative January 1, 2023, pursuant to Sec. 31 of Proposition 24.)
  148. 1798.194.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. )

    Verify source ↗

    This title must be interpreted broadly to carry out its purposes.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. ) ## 1798.194. This title shall be liberally construed to effectuate its purposes. (Added by Stats. 2018, Ch. 55, Sec. 3. (AB 375) Effective January 1, 2019. Section operative January 1, 2020, pursuant to Section 1798.198.)
  149. 1798.196.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. )

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    This title supplements federal and state law, but it does not apply where doing so would be preempted by or conflict with federal law or the U.S. or California Constitution.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. ) ## 1798.196. This title is intended to supplement federal and state law, if permissible, but shall not apply if such application is preempted by, or in conflict with, federal law or the United States or California Constitution. (Amended (as added by Stats. 2018, Ch. 55, Sec. 3) by Stats. 2018, Ch. 735, Sec. 15. (SB 1121) Effective September 23, 2018. Section operative January 1, 2020, pursuant to Section 1798.198.)
  150. 1798.198.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. )

    Verify source ↗

    This section says the title becomes operative on January 1, 2020, but only subject to subdivision (b) and Section 1798.199.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. ) ## 1798.198. (a) Subject to limitation provided in subdivision (b), and in Section 1798.199, this title shall be operative January 1, 2020. (b) This title shall become operative only if initiative measure No. 17-0039, The Consumer Right to Privacy Act of 2018, is withdrawn from the ballot pursuant to Section 9604 of the Elections Code. (Amended (as added by Stats. 2018, Ch. 55, Sec. 3) by Stats. 2018, Ch. 735, Sec. 16. (SB 1121) Effective September 23, 2018.)
  151. 1798.199.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. )

    Verify source ↗

    Section 1798.180 becomes operative on the effective date of the act that added this section, despite Section 1798.198.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. ) ## 1798.199. Notwithstanding Section 1798.198, Section 1798.180 shall be operative on the effective date of the act adding this section. (Added by Stats. 2018, Ch. 735, Sec. 17. (SB 1121) Effective September 23, 2018. Operative September 23, 2018.)
  152. 1798.199.10.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. )

    Verify source ↗

    This section creates the California Privacy Protection Agency and gives it power to implement and enforce the California Consumer Privacy Act of 2018.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. ) ## 1798.199.10. (a) There is hereby established in state government the California Privacy Protection Agency, which is vested with full administrative power, authority, and jurisdiction to implement and enforce the California Consumer Privacy Act of 2018. The agency shall be governed by a five-member board, including the chairperson. The chairperson and one member of the board shall be appointed by the Governor. The Attorney General, Senate Rules Committee, and Speaker of the Assembly shall each appoint one member. These appointments should be made from among Californians with expertise in the areas of privacy, technology, and consumer rights. (b) The initial appointments to the agency shall be made within 90 days of the effective date of the act adding this section. (Added November 3, 2020, by initiative Proposition 24, Sec. 24.1. Effective December 16, 2020. Operative December 16, 2020, pursuant to Sec. 31 of Proposition 24.)
  153. 1798.199.100.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. )

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    The agency or court must consider a party’s good faith cooperation when setting an administrative fine or civil penalty, and a business cannot be made to pay both for the same violation.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. ) ## 1798.199.100. The agency and any court, as applicable, shall consider the good faith cooperation of the business, service provider, contractor, or other person in determining the amount of any administrative fine or civil penalty for a violation of this title. A business shall not be required by the agency, a court, or otherwise to pay both an administrative fine and a civil penalty for the same violation. (Added November 3, 2020, by initiative Proposition 24, Sec. 24.19. Effective December 16, 2020. Operative December 16, 2020, pursuant to Sec. 31 of Proposition 24.)
  154. 1798.199.15.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. )

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    Members of the agency board must meet qualification standards, keep information confidential, avoid outside influence and incompatible activities, and face post-office restrictions on certain employment and representation.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. ) ## 1798.199.15. Members of the agency board shall: (a) Have qualifications, experience, and skills, in particular in the areas of privacy and technology, required to perform the duties of the agency and exercise its powers. (b) Maintain the confidentiality of information which has come to their knowledge in the course of the performance of their tasks or exercise of their powers, except to the extent that disclosure is required by the Public Records Act. (c) Remain free from external influence, whether direct or indirect, and shall neither seek nor take instructions from another. (d) Refrain from any action incompatible with their duties and engaging in any incompatible occupation, whether gainful or not, during their term. (e) Have the right of access to all information made available by the agency to the chairperson. (f) Be precluded, for a period of one year after leaving office, from accepting employment with a business that was subject to an enforcement action or civil action under this title during the member’s tenure or during the five-year period preceding the member’s appointment. (g) Be precluded for a period of two years after leaving office from acting, for compensation, as an agent or attorney for, or otherwise representing, any other person in a matter pending before the agency if the purpose is to influence an action of the agency. (Added November 3, 2020, by initiative Proposition 24, Sec. 24.2. Effective December 16, 2020. Operative December 16, 2020, pursuant to Sec. 31 of Proposition 24.)
  155. 1798.199.20.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. )

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    Agency board members, including the chairperson, serve at the pleasure of the appointing authority and may not serve more than eight consecutive years.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. ) ## 1798.199.20. Members of the agency board, including the chairperson, shall serve at the pleasure of their appointing authority but shall serve for no longer than eight consecutive years. (Added November 3, 2020, by initiative Proposition 24, Sec. 24.3. Effective December 16, 2020. Operative December 16, 2020, pursuant to Sec. 31 of Proposition 24.)
  156. 1798.199.25.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. )

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    Agency board members must be paid $100 per day for days they perform official duties, and they must be reimbursed for expenses tied to those duties.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. ) ## 1798.199.25. For each day on which they engage in official duties, members of the agency board shall be compensated at the rate of one hundred dollars ($100), adjusted pursuant to subdivision (d) of Section 1798.199.95, and shall be reimbursed for expenses incurred in performance of their official duties. (Amended by Stats. 2024, Ch. 121, Sec. 10. (AB 3286) Effective January 1, 2025.)
  157. 1798.199.30.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. )

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    The agency board must appoint an executive director, and the executive director must follow agency policies, regulations, and applicable law.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. ) ## 1798.199.30. The agency board shall appoint an executive director who shall act in accordance with agency policies and regulations and with applicable law. The agency shall appoint and discharge officers, counsel, and employees, consistent with applicable civil service laws, and shall fix the compensation of employees and prescribe their duties. The agency may contract for services that cannot be provided by its employees. (Added November 3, 2020, by initiative Proposition 24, Sec. 24.5. Effective December 16, 2020. Operative December 16, 2020, pursuant to Sec. 31 of Proposition 24.)
  158. 1798.199.35.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. )

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    The agency board may delegate authority to the chairperson or executive director to act for the agency between meetings, but not for enforcement-action resolution or rulemaking.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. ) ## 1798.199.35. The agency board may delegate authority to the chairperson or the executive director to act in the name of the agency between meetings of the agency, except with respect to resolution of enforcement actions and rulemaking authority. (Added November 3, 2020, by initiative Proposition 24, Sec. 24.6. Effective December 16, 2020. Operative December 16, 2020, pursuant to Sec. 31 of Proposition 24.)
  159. 1798.199.40.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. )

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    The agency must carry out and enforce this title, make regulations, give guidance, cooperate with other authorities, and perform other tasks listed here.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. ) ## 1798.199.40. The agency shall perform the following functions: (a) Administer, implement, and enforce through administrative actions this title. (b) On and after the later of July 1, 2021, or within six months of the agency providing the Attorney General with notice that it is prepared to assume rulemaking responsibilities under this title, adopt, amend, and rescind regulations pursuant to Section 1798.185 to carry out the purposes and provisions of the California Consumer Privacy Act of 2018, including regulations specifying recordkeeping requirements for businesses to ensure compliance with this title. (c) Through the implementation of this title, protect the fundamental privacy rights of natural persons with respect to the use of their personal information. (d) Promote public awareness and understanding of the risks, rules, responsibilities, safeguards, and rights in relation to the collection, use, sale, and disclosure of personal information, including the rights of minors with respect to their own information, and provide a public report summarizing the risk assessments filed with the agency pursuant to paragraph (14) of subdivision (a) of Section 1798.185 while ensuring that data security is not compromised. (e) Provide guidance to consumers regarding their rights under this title. (f) Provide guidance to businesses regarding their duties and responsibilities under this title and appoint a Chief Privacy Auditor to conduct audits of businesses to ensure compliance with this title pursuant to regulations adopted pursuant to paragraph (17) of subdivision (a) of Section 1798.185. (g) Provide technical assistance and advice to the Legislature, upon request, with respect to privacy-related legislation. (h) Monitor relevant developments relating to the protection of personal information and, in particular, the development of information and communication technologies and commercial practices. (i) Cooperate with other agencies with jurisdiction over privacy laws and with data processing authorities in California, other states, territories, and countries to ensure consistent application of privacy protections. (j) Establish a mechanism pursuant to which persons doing business in California that do not meet the definition of business set forth in paragraph (1), (2), or (3) of subdivision (d) of Section 1798.140 may voluntarily certify that they are in compliance with this title, as set forth in paragraph (4) of subdivision (d) of Section 1798.140, and make a list of those entities available to the public. (k) Solicit, review, and approve applications for grants to the extent funds are available pursuant to paragraph (2) of subdivision (b) of Section 1798.160. (l) Perform all other acts necessary or appropriate in the exercise of its power, authority, and jurisdiction and seek to balance the goals of strengthening consumer privacy while giving attention to the impact on businesses. (Amended by Stats. 2024, Ch. 121, Sec. 11. (AB 3286) Effective January 1, 2025.)
  160. 1798.199.45.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. )

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    The agency may investigate complaints about possible violations, may choose not to investigate or give time to cure, and must notify the complainant in writing about its action and reasons, subject to law-enforcement confidentiality limits.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. ) ## 1798.199.45. (a) Upon the sworn complaint of any person or on its own initiative, the agency may investigate possible violations of this title relating to any business, service provider, contractor, or person. The agency may decide not to investigate a complaint or decide to provide a business with a time period to cure the alleged violation. In making a decision not to investigate or provide more time to cure, the agency may consider the following: (1) Lack of intent to violate this title. (2) Voluntary efforts undertaken by the business, service provider, contractor, or person to cure the alleged violation prior to being notified by the agency of the complaint. (b) (1) The agency shall notify in writing the person who made the complaint of the action, if any, the agency has taken or plans to take on the complaint, together with the reasons for that action or nonaction. (2) The written notification required by this subdivision shall not include information that is subject to law enforcement exemptions and privileges, including, but not limited to, confidential information related to an investigation and information that is privileged under the Evidence Code and the Government Code. (Amended by Stats. 2024, Ch. 121, Sec. 12. (AB 3286) Effective January 1, 2025.)
  161. 1798.199.50.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. )

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    Before the agency can make a probable-cause finding, it must give the alleged violator at least 30 days’ notice, a summary of the evidence, and information about the right to attend and have counsel. The related proceeding is private unless the alleged violator asks in writing for it to be public.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. ) ## 1798.199.50. No finding of probable cause to believe this title has been violated shall be made by the agency unless, at least 30 days prior to the agency’s consideration of the alleged violation, the business, service provider, contractor, or person alleged to have violated this title is notified of the violation by service of process or registered mail with return receipt requested, provided with a summary of the evidence, and informed of their right to be present in person and represented by counsel at any proceeding of the agency held for the purpose of considering whether probable cause exists for believing the person violated this title. Notice to the alleged violator shall be deemed made on the date of service, the date the registered mail receipt is signed, or if the registered mail receipt is not signed, the date returned by the post office. A proceeding held for the purpose of considering probable cause shall be private unless the alleged violator files with the agency a written request that the proceeding be public. (Added November 3, 2020, by initiative Proposition 24, Sec. 24.9. Effective December 16, 2020. Operative December 16, 2020, pursuant to Sec. 31 of Proposition 24.)
  162. 1798.199.55.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. )

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    If the agency has probable cause to believe this title was violated, it must hold a hearing and, if a violation is found, may order the violator to stop and pay fines.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. ) ## 1798.199.55. (a) When the agency determines there is probable cause for believing this title has been violated, it shall hold a hearing to determine if a violation has or violations have occurred. Notice shall be given and the hearing conducted in accordance with the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code). The agency shall have all the powers granted by that chapter. If the agency determines on the basis of the hearing conducted pursuant to this subdivision that a violation or violations have occurred, it shall issue an order that may require the violator to do all or any of the following: (1) Cease and desist violation of this title. (2) Subject to Section 1798.155, pay an administrative fine of up to two thousand five hundred dollars ($2,500) for each violation, or up to seven thousand five hundred dollars ($7,500) for each intentional violation and each violation involving the personal information of minor consumers. When the agency determines that no violation has occurred, it shall publish a declaration so stating. (A) Ninety-five percent of any administrative fine assessed pursuant to this paragraph shall be deposited into the Consumer Privacy Subfund created within the Consumer Privacy Fund pursuant to subdivision (b) of Section 1798.160. (B) Five percent of any administrative fine assessed pursuant to this paragraph shall be deposited into the Consumer Privacy Grant Subfund created within the Consumer Privacy Fund pursuant to subdivision (d) of Section 1798.160. (b) If two or more persons are responsible for any violation or violations, they shall be jointly and severally liable. (Amended by Stats. 2025, Ch. 20, Sec. 3. (AB 137) Effective June 30, 2025.)
  163. 1798.199.60.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. )

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    If the agency rejects an administrative law judge’s decision, it must explain the reasons in writing.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. ) ## 1798.199.60. Whenever the agency rejects the decision of an administrative law judge made pursuant to Section 11517 of the Government Code, the agency shall state the reasons in writing for rejecting the decision. (Added November 3, 2020, by initiative Proposition 24, Sec. 24.11. Effective December 16, 2020. Operative December 16, 2020, pursuant to Sec. 31 of Proposition 24.)
  164. 1798.199.65.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. )

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    The agency may subpoena witnesses and records, compel attendance and testimony, administer oaths, and take evidence when needed to carry out its duties or powers.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. ) ## 1798.199.65. The agency may subpoena witnesses, compel their attendance and testimony, administer oaths and affirmations, take evidence and require by subpoena the production of any books, papers, records, or other items material to the performance of the agency’s duties or exercise of its powers, including, but not limited to, its power to audit a business’ compliance with this title. (Added November 3, 2020, by initiative Proposition 24, Sec. 24.12. Effective December 16, 2020. Operative December 16, 2020, pursuant to Sec. 31 of Proposition 24.)
  165. 1798.199.70.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. )

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    An administrative action under this title must be started within five years after the violation occurred.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. ) ## 1798.199.70. No administrative action brought pursuant to this title alleging a violation of any of the provisions of this title shall be commenced more than five years after the date on which the violation occurred. (a) The service of the probable cause hearing notice, as required by Section 1798.199.50, upon the person alleged to have violated this title shall constitute the commencement of the administrative action. (b) If the person alleged to have violated this title engages in the fraudulent concealment of the person’s acts or identity, the five-year period shall be tolled for the period of the concealment. For purposes of this subdivision, “fraudulent concealment” means the person knows of material facts related to the person’s duties under this title and knowingly conceals them in performing or omitting to perform those duties for the purpose of defrauding the public of information to which it is entitled under this title. (c) If, upon being ordered by a superior court to produce any documents sought by a subpoena in any administrative proceeding under this title, the person alleged to have violated this title fails to produce documents in response to the order by the date ordered to comply therewith, the five-year period shall be tolled for the period of the delay from the date of filing of the motion to compel until the date the documents are produced. (Added November 3, 2020, by initiative Proposition 24, Sec. 24.13. Effective December 16, 2020. Operative December 16, 2020, pursuant to Sec. 31 of Proposition 24.)
  166. 1798.199.75.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. )

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    The agency may sue in superior court to collect unpaid administrative fines, but only after judicial review is exhausted, and it must file within four years after the fines were imposed.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. ) ## 1798.199.75. (a) In addition to any other available remedies, the agency may bring a civil action and obtain a judgment in superior court for the purpose of collecting any unpaid administrative fines imposed pursuant to this title after exhaustion of judicial review of the agency’s action. The action may be filed as a small claims, limited civil, or unlimited civil case depending on the jurisdictional amount. The venue for this action shall be in the county where the administrative fines were imposed by the agency. In order to obtain a judgment in a proceeding under this section, the agency shall show, following the procedures and rules of evidence as applied in ordinary civil actions, all of the following: (1) That the administrative fines were imposed following the procedures set forth in this title and implementing regulations. (2) That the defendant or defendants in the action were notified, by actual or constructive notice, of the imposition of the administrative fines. (3) That a demand for payment has been made by the agency and full payment has not been received. (b) A civil action brought pursuant to subdivision (a) shall be commenced within four years after the date on which the administrative fines were imposed. (Added November 3, 2020, by initiative Proposition 24, Sec. 24.14. Effective December 16, 2020. Operative December 16, 2020, pursuant to Sec. 31 of Proposition 24.)
  167. 1798.199.80.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. )

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    If judicial review is over, the agency may apply to the court clerk for judgment to collect administrative fines, and the clerk must enter the judgment immediately.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. ) ## 1798.199.80. (a) If the time for judicial review of a final agency order or decision has lapsed, or if all means of judicial review of the order or decision have been exhausted, the agency may apply to the clerk of the court for a judgment to collect the administrative fines imposed by the order or decision, or the order as modified in accordance with a decision on judicial review. (b) The application, which shall include a certified copy of the order or decision, or the order as modified in accordance with a decision on judicial review, and proof of service of the order or decision, constitutes a sufficient showing to warrant issuance of the judgment to collect the administrative fines. The clerk of the court shall enter the judgment immediately in conformity with the application. (c) An application made pursuant to this section shall be made to the clerk of the superior court in the county where the administrative fines were imposed by the agency. (d) A judgment entered in accordance with this section has the same force and effect as, and is subject to all the provisions of law relating to, a judgment in a civil action and may be enforced in the same manner as any other judgment of the court in which it is entered. (e) The agency may bring an application pursuant to this section only within four years after the date on which all means of judicial review of the order or decision have been exhausted. (f) The remedy available under this section is in addition to those available under any other law. (Added November 3, 2020, by initiative Proposition 24, Sec. 24.15. Effective December 16, 2020. Operative December 16, 2020, pursuant to Sec. 31 of Proposition 24.)
  168. 1798.199.85.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. )

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    Agency decisions on complaints or administrative fines may be challenged in court by an interested party, and the court applies an abuse-of-discretion standard.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. ) ## 1798.199.85. Any decision of the agency with respect to a complaint or administrative fine shall be subject to judicial review in an action brought by an interested party to the complaint or administrative fine and shall be subject to an abuse of discretion standard. (Added November 3, 2020, by initiative Proposition 24, Sec. 24.16. Effective December 16, 2020. Operative December 16, 2020, pursuant to Sec. 31 of Proposition 24.)
  169. 1798.199.90.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. )

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    Violators of this title can face an injunction and civil penalties, enforced by the Attorney General, with higher penalties for intentional violations and violations involving minor consumers.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. ) ## 1798.199.90. (a) Any business, service provider, contractor, or other person that violates this title shall be subject to an injunction and liable for a civil penalty of not more than two thousand five hundred dollars ($2,500) for each violation or seven thousand five hundred dollars ($7,500) for each intentional violation and each violation involving the personal information of minor consumers, as adjusted pursuant to subdivision (d) of Section 1798.199.95, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General. The court may consider the good faith cooperation of the business, service provider, contractor, or other person in determining the amount of the civil penalty. (b) (1) (A) Ninety-five percent of any civil penalty recovered by an action brought by the Attorney General for a violation of this title, and of the proceeds of any settlement of those actions, shall be deposited into the Attorney General Consumer Privacy Enforcement Subfund created within the Consumer Privacy Fund pursuant to subdivision (c) of Section 1798.160 to support the Attorney General in the enforcement of this title. (B) Notwithstanding any provision to the contrary, the Attorney General may, if an action or settlement is the result of a joint investigation with the agency, deposit a portion of the penalties and proceeds that would otherwise be subject to subparagraph (A) into the Consumer Privacy Subfund created within the Consumer Privacy Fund pursuant to subdivision (b) of Section 1798.160 in the amount necessary to provide reimbursement for investigative costs. (2) Five percent of any civil penalty recovered by an action brought by the Attorney General for a violation of this title, and of the proceeds of any settlement of those actions, shall be deposited into the Consumer Privacy Grant Subfund created within the Consumer Privacy Fund pursuant to subdivision (d) of Section 1798.160. (c) The agency shall, upon request by the Attorney General, stay an administrative action or investigation under this title to permit the Attorney General to proceed with an investigation or civil action and shall not pursue an administrative action or investigation, unless the Attorney General subsequently determines not to pursue an investigation or civil action. The agency may not limit the authority of the Attorney General to enforce this title. (d) No civil action may be filed by the Attorney General under this section for any violation of this title after the agency has issued a decision pursuant to Section 1798.199.85 or an order pursuant to Section 1798.199.55 against that person for the same violation. (e) This section shall not affect the private right of action provided for in Section 1798.150. (Amended by Stats. 2025, Ch. 20, Sec. 4. (AB 137) Effective June 30, 2025.)
  170. 1798.199.95.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. )

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    This section funds the agency, requires the Department of Finance to include support items in the budget, requires the Attorney General to provide interim staff support, and requires the agency to adjust and publish certain monetary thresholds on a CPI-based schedule.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100 - 1798.199.100] ( Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3. ) ## 1798.199.95. (a) There is hereby appropriated from the General Fund of the state to the agency the sum of five million dollars ($5,000,000) during the fiscal year 2020–21, and the sum of ten million dollars ($10,000,000) adjusted for cost-of-living changes, during each fiscal year thereafter, for expenditure to support the operations of the agency pursuant to this title. The expenditure of funds under this appropriation shall be subject to the normal administrative review given to other state appropriations. The Legislature shall appropriate those additional amounts to the commission and other agencies as may be necessary to carry out the provisions of this title. (b) The Department of Finance, in preparing the state budget and the Budget Act bill submitted to the Legislature, shall include an item for the support of this title that shall indicate all of the following: (1) The amounts to be appropriated to other agencies to carry out their duties under this title, which amounts shall be in augmentation of the support items of those agencies. (2) The additional amounts required to be appropriated by the Legislature to the agency to carry out the purposes of this title, as provided for in this section. (3) In parentheses, for informational purposes, the continuing appropriation during each fiscal year of ten million dollars ($10,000,000), adjusted for cost-of-living changes made pursuant to this section. (c) The Attorney General shall provide staff support to the agency until the agency has hired its own staff. The Attorney General shall be reimbursed by the agency for these services. (d) (1) On January 1, 2025, and on January 1 of any odd-numbered year thereafter, the California Privacy Protection Agency shall adjust the monetary thresholds in subparagraph (A) of paragraph (1) of subdivision (d) of Section 1798.140, subparagraph (A) of paragraph (1) of subdivision (a) of Section 1798.150, subdivision (a) of Section 1798.155, Section 1798.199.25, and subdivision (a) of Section 1798.199.90 to reflect any increase in the Consumer Price Index. (2) The agency shall use the Consumer Price Index (CPI) - California, All Items, All Urban Consumers percentage change from the previous two years’ reports, published by the Department of Industrial Relations, Office of the Director–Research. The agency shall apply the percentage change in the CPI for the August-to-August point in time of the prior two years. The increase in the thresholds shall be rounded to the nearest whole dollar. (3) The agency shall post the adjusted monetary thresholds on its internet website no later than January 15 of the year in which the adjustment becomes effective. (4) Notwithstanding any other law, adjustments to monetary thresholds and their publication on the agency’s internet website pursuant to this subdivision are not subject to the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (Amended by Stats. 2024, Ch. 121, Sec. 14. (AB 3286) Effective January 1, 2025.)
  171. 1798.20.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.8. PERSONAL DATA [1798 - 1798.78] ( Title 1.8 added by Stats. 1977, Ch. 709. ) ## CHAPTER 1. Information Practices Act of 1977 [1798 - 1798.78] ( Chapter 1 added by Stats. 1977, Ch. 709. ) ## ARTICLE 5. Agency Requirements [1798.14 - 1798.23] ( Article 5 added by Stats. 1977, Ch. 709. )

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    Each agency must create rules of conduct for people who work with records containing personal information and must instruct those people on the rules and related requirements.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.8. PERSONAL DATA [1798 - 1798.78] ( Title 1.8 added by Stats. 1977, Ch. 709. ) ## CHAPTER 1. Information Practices Act of 1977 [1798 - 1798.78] ( Chapter 1 added by Stats. 1977, Ch. 709. ) ## ARTICLE 5. Agency Requirements [1798.14 - 1798.23] ( Article 5 added by Stats. 1977, Ch. 709. ) ## 1798.20. Each agency shall establish rules of conduct for persons involved in the design, development, operation, disclosure, or maintenance of records containing personal information and instruct each such person with respect to such rules and the requirements of this chapter, including any other rules and procedures adopted pursuant to this chapter and the remedies and penalties for noncompliance. (Amended by Stats. 1985, Ch. 595, Sec. 9.)
  172. 1798.200.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.6. Identity Theft in Business Entity Filings [1798.200 - 1798.203] ( Title 1.81.6 added by Stats. 2018, Ch. 696, Sec. 1. )

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    This section defines key terms used in the title, including “business entity filing,” “personal identifying information,” and “person.”

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.6. Identity Theft in Business Entity Filings [1798.200 - 1798.203] ( Title 1.81.6 added by Stats. 2018, Ch. 696, Sec. 1. ) ## 1798.200. For purposes of this title, the following terms are defined as follows: (a) “Business entity filing” means a document required by law to be filed with the Secretary of State pursuant to the Corporations Code, the Financial Code, or the Insurance Code. (b) “Personal identifying information” has the same meaning as defined in subdivision (b) of Section 530.55 of the Penal Code. (c) “Person” means a natural person, firm, association, organization, partnership, business trust, company, corporation, limited liability company, or public entity. (Added by Stats. 2018, Ch. 696, Sec. 1. (SB 1196) Effective January 1, 2019.)
  173. 1798.201.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.6. Identity Theft in Business Entity Filings [1798.200 - 1798.203] ( Title 1.81.6 added by Stats. 2018, Ch. 696, Sec. 1. )

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    A qualifying person may ask the superior court for an ex parte order about unlawfully used personal identifying information in a business entity filing.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.6. Identity Theft in Business Entity Filings [1798.200 - 1798.203] ( Title 1.81.6 added by Stats. 2018, Ch. 696, Sec. 1. ) ## 1798.201. A person who has learned or reasonably suspects that his or her personal identifying information has been used unlawfully, as described in subdivision (a) of Section 530.5 of the Penal Code, in a business entity filing, and has initiated a law enforcement investigation in accordance with subdivision (a) of Section 530.6 of the Penal Code, may petition the superior court in the county in which the person resides for an order, which may be granted ex parte, directing the alleged perpetrator of the act described in paragraph (1) of subdivision (c) of Section 530.5 of the Penal Code, if known, and the person using the personal identifying information in the business entity filing to appear at a hearing before the court and show cause for both of the following: (a) Why the personal identifying information should not be labeled to show the information is impersonated and does not reflect the person’s identity. (b) Why the personal identifying information should be associated with the business entity. (Added by Stats. 2018, Ch. 696, Sec. 1. (SB 1196) Effective January 1, 2019.)
  174. 1798.202.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.6. Identity Theft in Business Entity Filings [1798.200 - 1798.203] ( Title 1.81.6 added by Stats. 2018, Ch. 696, Sec. 1. )

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    This section tells the court how to handle certain petitions about identity theft in business entity filings and allows the Secretary of State to cancel a listed entity in some cases after 60 days.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.6. Identity Theft in Business Entity Filings [1798.200 - 1798.203] ( Title 1.81.6 added by Stats. 2018, Ch. 696, Sec. 1. ) ## 1798.202. (a) A petition filed pursuant to Section 1798.201 shall be heard and determined based on declarations, affidavits, police reports, or other material, relevant, and reliable information submitted by the parties or ordered to be made part of the record by the court. (b) If the court determines the petition is meritorious and there is no reasonable cause to believe that the victim’s personal identifying information has been used lawfully in the business entity filing, the court shall make a finding that the victim’s personal identifying information has been used unlawfully in the business entity filing and shall issue an order certifying this determination. (c) Upon making a determination pursuant to subdivision (b), the court shall do the following: (1) Order the name and associated personal identifying information in the business entity filing to be redacted or labeled to show that the data is impersonated and does not reflect the victim’s identity. (2) Order the data to be removed from publicly accessible electronic indexes and databases. (d) A determination made pursuant to subdivision (b) may be vacated at any time if the petition or any information submitted in support of the petition is found to contain any material misrepresentation or was obtained by fraud. (e) The Judicial Council shall develop a form for issuing an order of determination pursuant to this section. (f) An order issued pursuant to subdivision (c) shall be filed with the Secretary of State. (g) If an order has been filed pursuant to subdivision (f) within the record of a limited liability company or a corporation, the Secretary of State may cancel the business entity that is the subject of the order if, after 60 days, an updated statement of information has not been filed on behalf of the entity with the Secretary of State. The statement of information shall not contain any information ordered to be redacted pursuant to subdivision (c). (Amended by Stats. 2024, Ch. 783, Sec. 1. (SB 1168) Effective January 1, 2025.)
  175. 1798.203.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.6. Identity Theft in Business Entity Filings [1798.200 - 1798.203] ( Title 1.81.6 added by Stats. 2018, Ch. 696, Sec. 1. )

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    A person whose personal identifying information was unlawfully used in a business entity filing may file a disclaimer of proper authority with the Secretary of State if the entity has not been dissolved or terminated.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.6. Identity Theft in Business Entity Filings [1798.200 - 1798.203] ( Title 1.81.6 added by Stats. 2018, Ch. 696, Sec. 1. ) ## 1798.203. (a) In addition to any of the other remedies provided under this title, a person who has learned that their personal identifying information has been used unlawfully, as described in subdivision (a) of Section 530.5 of the Penal Code, in a business entity filing may file with the Secretary of State a disclaimer of proper authority, as described in subdivision (b) and on a form prescribed by the Secretary of State, so long as the business entity has not been dissolved or terminated at the time of filing the disclaimer. (b) A disclaimer of proper authority shall be signed and verified under penalty of perjury by the person claiming their personal identifying information was unlawfully used in the business entity filing as described in subdivision (a) and shall contain all of the following information: (1) The name of the corporation, limited liability company, or limited partnership as it appears on the records of the Secretary of State. (2) The Secretary of State file number for the corporation, limited liability company, or limited partnership. (3) The entity type. (4) The date the business entity document containing their personal identifying information was filed. (5) The title of the business entity document that contained their personal identifying information. (6) A description of the type of personal identifying information that the person claims was used unlawfully in the business entity filing. (7) A statement that the person signing the disclaimer of proper authority did not authorize the use of their personal identifying information within the business entity document and that they reasonably suspect that their personal identifying information was included in furtherance of an unlawful purpose, as described in subdivision (a) of Section 530.5 of the Penal Code. (8) A statement that the disclaimer of proper authority does not constitute a determination of any court or law enforcement investigation surrounding the facts and circumstances of the use of the information within the business entity document. (c) The fee for filing a disclaimer of proper authority pursuant to this section shall be thirty dollars ($30) to cover the reasonable costs to the Secretary of State of processing that form. (Added by Stats. 2024, Ch. 783, Sec. 2. (SB 1168) Effective January 1, 2025.)
  176. 1798.21.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.8. PERSONAL DATA [1798 - 1798.78] ( Title 1.8 added by Stats. 1977, Ch. 709. ) ## CHAPTER 1. Information Practices Act of 1977 [1798 - 1798.78] ( Chapter 1 added by Stats. 1977, Ch. 709. ) ## ARTICLE 5. Agency Requirements [1798.14 - 1798.23] ( Article 5 added by Stats. 1977, Ch. 709. )

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    Each agency must set up reasonable administrative, technical, and physical safeguards.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.8. PERSONAL DATA [1798 - 1798.78] ( Title 1.8 added by Stats. 1977, Ch. 709. ) ## CHAPTER 1. Information Practices Act of 1977 [1798 - 1798.78] ( Chapter 1 added by Stats. 1977, Ch. 709. ) ## ARTICLE 5. Agency Requirements [1798.14 - 1798.23] ( Article 5 added by Stats. 1977, Ch. 709. ) ## 1798.21. Each agency shall establish appropriate and reasonable administrative, technical, and physical safeguards to ensure compliance with the provisions of this chapter, to ensure the security and confidentiality of records, and to protect against anticipated threats or hazards to their security or integrity which could result in any injury. (Added by Stats. 1977, Ch. 709.)
  177. 1798.22.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.8. PERSONAL DATA [1798 - 1798.78] ( Title 1.8 added by Stats. 1977, Ch. 709. ) ## CHAPTER 1. Information Practices Act of 1977 [1798 - 1798.78] ( Chapter 1 added by Stats. 1977, Ch. 709. ) ## ARTICLE 5. Agency Requirements [1798.14 - 1798.23] ( Article 5 added by Stats. 1977, Ch. 709. )

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    Each agency must designate an employee to be responsible for making sure the agency complies with this chapter.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.8. PERSONAL DATA [1798 - 1798.78] ( Title 1.8 added by Stats. 1977, Ch. 709. ) ## CHAPTER 1. Information Practices Act of 1977 [1798 - 1798.78] ( Chapter 1 added by Stats. 1977, Ch. 709. ) ## ARTICLE 5. Agency Requirements [1798.14 - 1798.23] ( Article 5 added by Stats. 1977, Ch. 709. ) ## 1798.22. Each agency shall designate an agency employee to be responsible for ensuring that the agency complies with all of the provisions of this chapter. (Added by Stats. 1977, Ch. 709.)
  178. 1798.23.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.8. PERSONAL DATA [1798 - 1798.78] ( Title 1.8 added by Stats. 1977, Ch. 709. ) ## CHAPTER 1. Information Practices Act of 1977 [1798 - 1798.78] ( Chapter 1 added by Stats. 1977, Ch. 709. ) ## ARTICLE 5. Agency Requirements [1798.14 - 1798.23] ( Article 5 added by Stats. 1977, Ch. 709. )

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    The Department of Justice must review all personal information it has every five years starting July 1, 1978, to decide whether it should remain exempt from access under Section 1798.40.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.8. PERSONAL DATA [1798 - 1798.78] ( Title 1.8 added by Stats. 1977, Ch. 709. ) ## CHAPTER 1. Information Practices Act of 1977 [1798 - 1798.78] ( Chapter 1 added by Stats. 1977, Ch. 709. ) ## ARTICLE 5. Agency Requirements [1798.14 - 1798.23] ( Article 5 added by Stats. 1977, Ch. 709. ) ## 1798.23. The Department of Justice shall review all personal information in its possession every five years commencing July 1, 1978, to determine whether it should continue to be exempt from access pursuant to Section 1798.40. (Amended by Stats. 1985, Ch. 595, Sec. 10.)
  179. 1798.24.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.8. PERSONAL DATA [1798 - 1798.78] ( Title 1.8 added by Stats. 1977, Ch. 709. ) ## CHAPTER 1. Information Practices Act of 1977 [1798 - 1798.78] ( Chapter 1 added by Stats. 1977, Ch. 709. ) ## ARTICLE 6. Conditions of Disclosure [1798.24 - 1798.24b] ( Article 6 added by Stats. 1977, Ch. 709. )

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    An agency generally may not disclose personal information in a way that identifies the individual, unless one of the listed exceptions applies.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.8. PERSONAL DATA [1798 - 1798.78] ( Title 1.8 added by Stats. 1977, Ch. 709. ) ## CHAPTER 1. Information Practices Act of 1977 [1798 - 1798.78] ( Chapter 1 added by Stats. 1977, Ch. 709. ) ## ARTICLE 6. Conditions of Disclosure [1798.24 - 1798.24b] ( Article 6 added by Stats. 1977, Ch. 709. ) ## 1798.24. An agency shall not disclose any personal information in a manner that would link the information disclosed to the individual to whom it pertains unless the information is disclosed, as follows: (a) To the individual to whom the information pertains. (b) With the prior written voluntary consent of the individual to whom the information pertains, but only if that consent has been obtained not more than 30 days before the disclosure, or in the time limit agreed to by the individual in the written consent. (c) To the duly appointed guardian or conservator of the individual or a person representing the individual if it can be proven with reasonable certainty through the possession of agency forms, documents, or correspondence that this person is the authorized representative of the individual to whom the information pertains. (d) To those officers, employees, attorneys, agents, or volunteers of the agency that have custody of the information if the disclosure is relevant and necessary in the ordinary course of the performance of their official duties and is related to the purpose for which the information was acquired. (e) To a person, or to another agency if the transfer is necessary for the transferee agency to perform its constitutional or statutory duties, and the use is compatible with a purpose for which the information was collected and the use or transfer is in accordance with Section 1798.25. With respect to information transferred from a law enforcement or regulatory agency, or information transferred to another law enforcement or regulatory agency, a use is compatible if the use of the information requested is needed in an investigation of unlawful activity under the jurisdiction of the requesting agency or for licensing, certification, or regulatory purposes by that agency. (f) To a governmental entity if required by state or federal law. (g) Pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (h) To a person who has provided the agency with advance, adequate written assurance that the information will be used solely for statistical research or reporting purposes, but only if the information to be disclosed is in a form that will not identify any individual. (i) Pursuant to a determination by the agency that maintains information that compelling circumstances exist that affect the health or safety of an individual, if upon the disclosure notification is transmitted to the individual to whom the information pertains at the individual’s last known address. Disclosure shall not be made if it is in conflict with other state or federal laws. (j) To the State Archives as a record that has sufficient historical or other value to warrant its continued preservation by the California state government, or for evaluation by the Director of General Services or the director’s designee to determine whether the record has further administrative, legal, or fiscal value. (k) To any person pursuant to a subpoena, court order, or other compulsory legal process if, before the disclosure, the agency reasonably attempts to notify the individual to whom the record pertains, and if the notification is not prohibited by law. (l) To any person pursuant to a search warrant. (m) Pursuant to Article 3 (commencing with Section 1800) of Chapter 1 of Division 2 of the Vehicle Code. (n) For the sole purpose of verifying and paying government health care service claims made pursuant to Division 9 (commencing with Section 10000) of the Welfare and Institutions Code. (o) To a law enforcement or regulatory agency when required for an investigation of unlawful activity or for licensing, certification, or regulatory purposes, unless the disclosure is otherwise prohibited by law. (p) To another person or governmental organization to the extent necessary to obtain information from the person or governmental organization for an investigation by the agency of a failure to comply with a specific state law that the agency is responsible for enforcing. (q) To an adopted person and disclosure is limited to general background information pertaining to the adopted person’s biological parents, if the information does not include or reveal the identity of the biological parents. (r) To a child or a grandchild of an adopted person and disclosure is limited to medically necessary information pertaining to the adopted person’s biological parents. However, the information, or the process for obtaining the information, shall not include or reveal the identity of the biological parents. The State Department of Social Services shall adopt regulations governing the release of information pursuant to this subdivision. The regulations shall require licensed adoption agencies to provide the same services provided by the department as established by this subdivision. (s) To a committee of the Legislature or to a Member of the Legislature, or the member’s staff if authorized in writing by the member, if the member has permission to obtain the information from the individual to whom it pertains or if the member provides reasonable assurance that the member is acting on behalf of the individual. (t) (1) To the University of California, a nonprofit educational institution, an established nonprofit research institution performing health or social services research, the Cradle-to-Career Data System, for purposes consistent with the creation and execution of the Cradle-to-Career Data System Act pursuant to Article 2 (commencing with Section 10860) of Chapter 8.5 of Part 7 of Division 1 of Title 1 of the Education Code, or, in the case of education-related data, another nonprofit entity, conducting scientific research, if the request for information is approved by the Committee for the Protection of Human Subjects (CPHS) for the California Health and Human Services Agency (CHHSA) or an institutional review board, as authorized in paragraphs (5) and (6). The approval shall include a review and determination that all the following criteria have been satisfied: (A) The researcher has provided a plan sufficient to protect personal information from improper use and disclosures, including sufficient administrative, physical, and technical safeguards to protect personal information from reasonable anticipated threats to the security or confidentiality of the information. (B) The researcher has provided a sufficient plan to destroy or return all personal information as soon as it is no longer needed for the research project, unless the researcher has demonstrated an ongoing need for the personal information for the research project and has provided a long-term plan sufficient to protect the confidentiality of that information. (C) The researcher has provided sufficient written assurances that the personal information will not be reused or disclosed to any other person or entity, or used in any manner, not approved in the research protocol, except as required by law or for authorized oversight of the research project. (2) The CPHS shall enter into a written agreement with the Office of Cradle-to-Career Data, as defined in Section 10862 of the Education Code, to assist the managing entity of that office in its role as the institutional review board for the Cradle-to-Career Data System. (3) The CPHS or institutional review board shall, at a minimum, accomplish all of the following as part of its review and approval of the research project for the purpose of protecting personal information held in agency databases: (A) Determine whether the requested personal information is needed to conduct the research. (B) Permit access to personal information only if it is needed for the research project. (C) Permit access only to the minimum necessary personal information needed for the research project. (D) Require the assignment of unique subject codes that are not derived from personal information in lieu of social security numbers if the research can still be conducted without social security numbers. (E) If feasible, and if cost, time, and technical expertise permit, require the agency to conduct a portion of the data processing for the researcher to minimize the release of personal information. (4) Reasonable costs to the agency associated with the agency’s process of protecting personal information under the conditions of CPHS approval may be billed to the researcher, including, but not limited to, the agency’s costs for conducting a portion of the data processing for the researcher, removing personal information, encrypting or otherwise securing personal information, or assigning subject codes. (5) The CPHS may enter into written agreements to enable other institutional review boards to provide the data security approvals required by this subdivision, if the data security requirements set forth in this subdivision are satisfied. (6) Pursuant to paragraph (5), the CPHS shall enter into a written agreement with the institutional review board established pursuant to former Section 49079.6 of the Education Code. The agreement shall authorize, commencing July 1, 2010, or the date upon which the written agreement is executed, whichever is later, that board to provide the data security approvals required by this subdivision, if the data security requirements set forth in this subdivision and the act specified in subdivision (a) of Section 49079.5 of the Education Code are satisfied. (u) To an insurer if authorized by Chapter 5 (commencing with Section 10900) of Division 4 of the Vehicle Code. (v) Pursuant to Section 450, 452, 8009, or 18396 of the Financial Code. (w) For the sole purpose of participation in interstate data sharing of prescription drug monitoring program information pursuant to the California Uniform Controlled Substances Act (Division 10 (commencing with Section 11000) of the Health and Safety Code), if disclosure is limited to prescription drug monitoring program information. This article does not require the disclosure of personal information to the individual to whom the information pertains if that information may otherwise be withheld as set forth in Section 1798.40. (Amended by Stats. 2022, Ch. 28, Sec. 21. (SB 1380) Effective January 1, 2023.)
  180. 1798.24a

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.8. PERSONAL DATA [1798 - 1798.78] ( Title 1.8 added by Stats. 1977, Ch. 709. ) ## CHAPTER 1. Information Practices Act of 1977 [1798 - 1798.78] ( Chapter 1 added by Stats. 1977, Ch. 709. ) ## ARTICLE 6. Conditions of Disclosure [1798.24 - 1798.24b] ( Article 6 added by Stats. 1977, Ch. 709. )

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    Information may be disclosed to local government entities if a written request is made to a local law enforcement agency and the information is needed to help screen a prospective concessionaire; any summary criminal history information disclosed under this section must be limited to criminal convictions.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.8. PERSONAL DATA [1798 - 1798.78] ( Title 1.8 added by Stats. 1977, Ch. 709. ) ## CHAPTER 1. Information Practices Act of 1977 [1798 - 1798.78] ( Chapter 1 added by Stats. 1977, Ch. 709. ) ## ARTICLE 6. Conditions of Disclosure [1798.24 - 1798.24b] ( Article 6 added by Stats. 1977, Ch. 709. ) ## 1798.24a. Notwithstanding Section 1798.24, information may be disclosed to any city, county, city and county, or district, or any officer or official thereof, if a written request is made to a local law enforcement agency and the information is needed to assist in the screening of a prospective concessionaire, and any affiliate or associate thereof, as these terms are defined in subdivision (k) of Section 432.7 of the Labor Code for purposes of consenting to, or approving of, the prospective concessionaire’s application for, or acquisition of, any beneficial interest in a concession, lease, or other property interest. However, any summary criminal history information that may be disclosed pursuant to this section shall be limited to information pertaining to criminal convictions. (Added by Stats. 1992, Ch. 1026, Sec. 2. Effective January 1, 1993.)
  181. 1798.24b

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.8. PERSONAL DATA [1798 - 1798.78] ( Title 1.8 added by Stats. 1977, Ch. 709. ) ## CHAPTER 1. Information Practices Act of 1977 [1798 - 1798.78] ( Chapter 1 added by Stats. 1977, Ch. 709. ) ## ARTICLE 6. Conditions of Disclosure [1798.24 - 1798.24b] ( Article 6 added by Stats. 1977, Ch. 709. )

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    Certain information must be disclosed to the Governor-designated protection and advocacy agency.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.8. PERSONAL DATA [1798 - 1798.78] ( Title 1.8 added by Stats. 1977, Ch. 709. ) ## CHAPTER 1. Information Practices Act of 1977 [1798 - 1798.78] ( Chapter 1 added by Stats. 1977, Ch. 709. ) ## ARTICLE 6. Conditions of Disclosure [1798.24 - 1798.24b] ( Article 6 added by Stats. 1977, Ch. 709. ) ## 1798.24b. (a) Notwithstanding Section 1798.24, except subdivision (v) thereof, information shall be disclosed to the protection and advocacy agency designated by the Governor in this state pursuant to federal law to protect and advocate for the rights of people with disabilities, as described in Division 4.7 (commencing with Section 4900) of the Welfare and Institutions Code. (b) Information that shall be disclosed pursuant to this section includes all of the following information: (1) Name. (2) Address. (3) Telephone number. (4) Any other information necessary to identify that person whose consent is necessary for either of the following purposes: (A) To enable the protection and advocacy agency to exercise its authority and investigate incidents of abuse or neglect of people with disabilities. (B) To obtain access to records pursuant to Section 4903 of the Welfare and Institutions Code. (Amended by Stats. 2003, Ch. 878, Sec. 2. Effective January 1, 2004.)
  182. 1798.25.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.8. PERSONAL DATA [1798 - 1798.78] ( Title 1.8 added by Stats. 1977, Ch. 709. ) ## CHAPTER 1. Information Practices Act of 1977 [1798 - 1798.78] ( Chapter 1 added by Stats. 1977, Ch. 709. ) ## ARTICLE 7. Accounting of Disclosures [1798.25 - 1798.29] ( Article 7 added by Stats. 1977, Ch. 709. )

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    Each agency must keep an accurate accounting of certain disclosures of records, including the date, nature, purpose, and the recipient’s name, title, and business address.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.8. PERSONAL DATA [1798 - 1798.78] ( Title 1.8 added by Stats. 1977, Ch. 709. ) ## CHAPTER 1. Information Practices Act of 1977 [1798 - 1798.78] ( Chapter 1 added by Stats. 1977, Ch. 709. ) ## ARTICLE 7. Accounting of Disclosures [1798.25 - 1798.29] ( Article 7 added by Stats. 1977, Ch. 709. ) ## 1798.25. (a) Each agency shall keep an accurate accounting of the date, nature, and purpose of each disclosure of a record made pursuant to subdivision (i), (k), (l), (o), or (p) of Section 1798.24. This accounting shall also be required for disclosures made pursuant to subdivision (e) or (f) of Section 1798.24 unless notice of the type of disclosure has been provided pursuant to Sections 1798.9 and 1798.10. The accounting shall also include the name, title, and business address of the person or agency to whom the disclosure was made. For the purpose of an accounting of a disclosure made under subdivision (o) of Section 1798.24, it shall be sufficient for a law enforcement or regulatory agency to record the date of disclosure, the law enforcement or regulatory agency requesting the disclosure, and whether the purpose of the disclosure is for an investigation of unlawful activity under the jurisdiction of the requesting agency, or for licensing, certification, or regulatory purposes by that agency. (b) Routine disclosures of information pertaining to crimes, offenders, and suspected offenders to law enforcement or regulatory agencies of federal, state, and local government shall be deemed to be disclosures pursuant to subdivision (e) of Section 1798.24 for the purpose of meeting this requirement. (Amended by Stats. 2018, Ch. 92, Sec. 36. (SB 1289) Effective January 1, 2019.)
  183. 1798.26.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.8. PERSONAL DATA [1798 - 1798.78] ( Title 1.8 added by Stats. 1977, Ch. 709. ) ## CHAPTER 1. Information Practices Act of 1977 [1798 - 1798.78] ( Chapter 1 added by Stats. 1977, Ch. 709. ) ## ARTICLE 7. Accounting of Disclosures [1798.25 - 1798.29] ( Article 7 added by Stats. 1977, Ch. 709. )

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    The DMV must set rules for requests involving vehicle registration or driver’s license file information, including requester identification, verification, notice, and recordkeeping.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.8. PERSONAL DATA [1798 - 1798.78] ( Title 1.8 added by Stats. 1977, Ch. 709. ) ## CHAPTER 1. Information Practices Act of 1977 [1798 - 1798.78] ( Chapter 1 added by Stats. 1977, Ch. 709. ) ## ARTICLE 7. Accounting of Disclosures [1798.25 - 1798.29] ( Article 7 added by Stats. 1977, Ch. 709. ) ## 1798.26. With respect to the sale of information concerning the registration of any vehicle or the sale of information from the files of drivers’ licenses, the Department of Motor Vehicles shall, by regulation, establish administrative procedures under which any person making a request for information shall be required to identify himself or herself and state the reason for making the request. These procedures shall provide for the verification of the name and address of the person making a request for the information and the department may require the person to produce the information as it determines is necessary in order to ensure that the name and address of the person are his or her true name and address. These procedures may provide for a 10-day delay in the release of the requested information. These procedures shall also provide for notification to the person to whom the information primarily relates, as to what information was provided and to whom it was provided. The department shall, by regulation, establish a reasonable period of time for which a record of all the foregoing shall be maintained. The procedures required by this subdivision do not apply to any governmental entity, any person who has applied for and has been issued a requester code by the department, or any court of competent jurisdiction. (Amended by Stats. 1989, Ch. 1213, Sec. 2.)
  184. 1798.27.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.8. PERSONAL DATA [1798 - 1798.78] ( Title 1.8 added by Stats. 1977, Ch. 709. ) ## CHAPTER 1. Information Practices Act of 1977 [1798 - 1798.78] ( Chapter 1 added by Stats. 1977, Ch. 709. ) ## ARTICLE 7. Accounting of Disclosures [1798.25 - 1798.29] ( Article 7 added by Stats. 1977, Ch. 709. )

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    Each agency must keep the accounting made under Section 1798.25 for at least three years after the disclosure, unless the record is destroyed sooner.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.8. PERSONAL DATA [1798 - 1798.78] ( Title 1.8 added by Stats. 1977, Ch. 709. ) ## CHAPTER 1. Information Practices Act of 1977 [1798 - 1798.78] ( Chapter 1 added by Stats. 1977, Ch. 709. ) ## ARTICLE 7. Accounting of Disclosures [1798.25 - 1798.29] ( Article 7 added by Stats. 1977, Ch. 709. ) ## 1798.27. Each agency shall retain the accounting made pursuant to Section 1798.25 for at least three years after the disclosure for which the accounting is made, or until the record is destroyed, whichever is shorter. Nothing in this section shall be construed to require retention of the original documents for a three-year period, providing that the agency can otherwise comply with the requirements of this section. (Added by Stats. 1977, Ch. 709.)
  185. 1798.28.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.8. PERSONAL DATA [1798 - 1798.78] ( Title 1.8 added by Stats. 1977, Ch. 709. ) ## CHAPTER 1. Information Practices Act of 1977 [1798 - 1798.78] ( Chapter 1 added by Stats. 1977, Ch. 709. ) ## ARTICLE 7. Accounting of Disclosures [1798.25 - 1798.29] ( Article 7 added by Stats. 1977, Ch. 709. )

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    Each agency must tell prior recipients of a personal-information record about later corrections or dispute notations, if the listed conditions are met.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.8. PERSONAL DATA [1798 - 1798.78] ( Title 1.8 added by Stats. 1977, Ch. 709. ) ## CHAPTER 1. Information Practices Act of 1977 [1798 - 1798.78] ( Chapter 1 added by Stats. 1977, Ch. 709. ) ## ARTICLE 7. Accounting of Disclosures [1798.25 - 1798.29] ( Article 7 added by Stats. 1977, Ch. 709. ) ## 1798.28. Each agency, after July 1, 1978, shall inform any person or agency to whom a record containing personal information has been disclosed during the preceding three years of any correction of an error or notation of dispute made pursuant to Sections 1798.35 and 1798.36 if (1) an accounting of the disclosure is required by Section 1798.25 or 1798.26, and the accounting has not been destroyed pursuant to Section 1798.27, or (2) the information provides the name of the person or agency to whom the disclosure was made, or (3) the person who is the subject of the disclosed record provides the name of the person or agency to whom the information was disclosed. (Amended by Stats. 1985, Ch. 595, Sec. 13.)
  186. 1798.29.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.8. PERSONAL DATA [1798 - 1798.78] ( Title 1.8 added by Stats. 1977, Ch. 709. ) ## CHAPTER 1. Information Practices Act of 1977 [1798 - 1798.78] ( Chapter 1 added by Stats. 1977, Ch. 709. ) ## ARTICLE 7. Accounting of Disclosures [1798.25 - 1798.29] ( Article 7 added by Stats. 1977, Ch. 709. )

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    Agencies that hold computerized personal data must notify affected California residents after a security breach, and sometimes the owner/licensee, the Attorney General, or law enforcement-related recipients.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.8. PERSONAL DATA [1798 - 1798.78] ( Title 1.8 added by Stats. 1977, Ch. 709. ) ## CHAPTER 1. Information Practices Act of 1977 [1798 - 1798.78] ( Chapter 1 added by Stats. 1977, Ch. 709. ) ## ARTICLE 7. Accounting of Disclosures [1798.25 - 1798.29] ( Article 7 added by Stats. 1977, Ch. 709. ) ## 1798.29. (a) Any agency that owns or licenses computerized data that includes personal information shall disclose any breach of the security of the system following discovery or notification of the breach in the security of the data to any resident of California (1) whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person, or, (2) whose encrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person and the encryption key or security credential was, or is reasonably believed to have been, acquired by an unauthorized person and the agency that owns or licenses the encrypted information has a reasonable belief that the encryption key or security credential could render that personal information readable or usable. The disclosure shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subdivision (c), or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. (b) Any agency that maintains computerized data that includes personal information that the agency does not own shall notify the owner or licensee of the information of any breach of the security of the data immediately following discovery, if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person. (c) The notification required by this section may be delayed if a law enforcement agency determines that the notification will impede a criminal investigation. The notification required by this section shall be made after the law enforcement agency determines that it will not compromise the investigation. (d) Any agency that is required to issue a security breach notification pursuant to this section shall meet all of the following requirements: (1) The security breach notification shall be written in plain language, shall be titled “Notice of Data Breach,” and shall present the information described in paragraph (2) under the following headings: “What Happened,” “What Information Was Involved,” “What We Are Doing,” “What You Can Do,” and “For More Information.” Additional information may be provided as a supplement to the notice. (A) The format of the notice shall be designed to call attention to the nature and significance of the information it contains. (B) The title and headings in the notice shall be clearly and conspicuously displayed. (C) The text of the notice and any other notice provided pursuant to this section shall be no smaller than 10-point type. (D) For a written notice described in paragraph (1) of subdivision (i), use of the model security breach notification form prescribed below or use of the headings described in this paragraph with the information described in paragraph (2), written in plain language, shall be deemed to be in compliance with this subdivision. [NAME OF INSTITUTION / LOGO] _____ _____ Date: [insert date] NOTICE OF DATA BREACH What Happened? What Information Was Involved? What We Are Doing. What You Can Do. Other Important Information. [insert other important information] For More Information. Call [telephone number] or go to [internet website] (E) For an electronic notice described in paragraph (2) of subdivision (i), use of the headings described in this paragraph with the information described in paragraph (2), written in plain language, shall be deemed to be in compliance with this subdivision. (2) The security breach notification described in paragraph (1) shall include, at a minimum, the following information: (A) The name and contact information of the reporting agency subject to this section. (B) A list of the types of personal information that were or are reasonably believed to have been the subject of a breach. (C) If the information is possible to determine at the time the notice is provided, then any of the following: (i) the date of the breach, (ii) the estimated date of the breach, or (iii) the date range within which the breach occurred. The notification shall also include the date of the notice. (D) Whether the notification was delayed as a result of a law enforcement investigation, if that information is possible to determine at the time the notice is provided. (E) A general description of the breach incident, if that information is possible to determine at the time the notice is provided. (F) The toll-free telephone numbers and addresses of the major credit reporting agencies, if the breach exposed a social security number or a driver’s license or California identification card number. (3) At the discretion of the agency, the security breach notification may also include any of the following: (A) Information about what the agency has done to protect individuals whose information has been breached. (B) Advice on steps that people whose information has been breached may take to protect themselves. (e) Any agency that is required to issue a security breach notification pursuant to this section to more than 500 California residents as a result of a single breach of the security system shall electronically submit a single sample copy of that security breach notification, excluding any personally identifiable information, to the Attorney General. A single sample copy of a security breach notification shall not be deemed to be within Article 1 (commencing with Section 7923.600) of Chapter 1 of Part 5 of Division 10 of Title 1 of the Government Code. (f) For purposes of this section, “breach of the security of the system” means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information maintained by the agency. Good faith acquisition of personal information by an employee or agent of the agency for the purposes of the agency is not a breach of the security of the system, provided that the personal information is not used or subject to further unauthorized disclosure. (g) For purposes of this section, “personal information” means either of the following: (1) An individual’s first name or first initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted: (A) Social security number. (B) Driver’s license number, California identification card number, tax identification number, passport number, military identification number, or other unique identification number issued on a government document commonly used to verify the identity of a specific individual. (C) Account number or credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual’s financial account. (D) Medical information. (E) Health insurance information. (F) Unique biometric data generated from measurements or technical analysis of human body characteristics, such as a fingerprint, retina, or iris image, used to authenticate a specific individual. Unique biometric data does not include a physical or digital photograph, unless used or stored for facial recognition purposes. (G) Information or data collected through the use or operation of an automated license plate recognition system, as defined in Section 1798.90.5. (H) Genetic data. (2) A username or email address, in combination with a password or security question and answer that would permit access to an online account. (h) (1) For purposes of this section, “personal information” does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records. (2) For purposes of this section, “medical information” means any information regarding an individual’s medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional. (3) For purposes of this section, “health insurance information” means an individual’s health insurance policy number or subscriber identification number, any unique identifier used by a health insurer to identify the individual, or any information in an individual’s application and claims history, including any appeals records. (4) For purposes of this section, “encrypted” means rendered unusable, unreadable, or indecipherable to an unauthorized person through a security technology or methodology generally accepted in the field of information security. (5) For purposes of this section, “genetic data” means any data, regardless of its format, that results from the analysis of a biological sample of an individual, or from another source enabling equivalent information to be obtained, and concerns genetic material. Genetic material includes, but is not limited to, deoxyribonucleic acids (DNA), ribonucleic acids (RNA), genes, chromosomes, alleles, genomes, alterations or modifications to DNA or RNA, single nucleotide polymorphisms (SNPs), uninterpreted data that results from analysis of the biological sample or other source, and any information extrapolated, derived, or inferred therefrom. (i) For purposes of this section, “notice” may be provided by one of the following methods: (1) Written notice. (2) Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in Section 7001 of Title 15 of the United States Code. (3) Substitute notice, if the agency demonstrates that the cost of providing notice would exceed two hundred fifty thousand dollars ($250,000), or that the affected class of subject persons to be notified exceeds 500,000, or the agency does not have sufficient contact information. Substitute notice shall consist of all of the following: (A) Email notice when the agency has an email address for the subject persons. (B) Conspicuous posting, for a minimum of 30 days, of the notice on the agency’s internet website, if the agency maintains one. For purposes of this subparagraph, conspicuous posting on the agency’s internet website means providing a link to the notice on the home page or first significant page after entering the internet website that is in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks that call attention to the link. (C) Notification to major statewide media and the Office of Information Security within the Department of Technology. (4) In the case of a breach of the security of the system involving personal information defined in paragraph (2) of subdivision (g) for an online account, and no other personal information defined in paragraph (1) of subdivision (g), the agency may comply with this section by providing the security breach notification in electronic or other form that directs the person whose personal information has been breached to promptly change the person’s password and security question or answer, as applicable, or to take other steps appropriate to protect the online account with the agency and all other online accounts for which the person uses the same username or email address and password or security question or answer. (5) In the case of a breach of the security of the system involving personal information defined in paragraph (2) of subdivision (g) for login credentials of an email account furnished by the agency, the agency shall not comply with this section by providing the security breach notification to that email address, but may, instead, comply with this section by providing notice by another method described in this subdivision or by clear and conspicuous notice delivered to the resident online when the resident is connected to the online account from an Internet Protocol address or online location from which the agency knows the resident customarily accesses the account. (j) Notwithstanding subdivision (i), an agency that maintains its own notification procedures as part of an information security policy for the treatment of personal information and is otherwise consistent with the timing requirements of this part shall be deemed to be in compliance with the notification requirements of this section if it notifies subject persons in accordance with its policies in the event of a breach of security of the system. (k) Notwithstanding the exception specified in paragraph (4) of subdivision (b) of Section 1798.3, for purposes of this section, “agency” includes a local agency, as defined in Section 7920.510 of the Government Code. (l) For purposes of this section, “encryption key” and “security credential” mean the confidential key or process designed to render the data usable, readable, and decipherable. (m) Notwithstanding any other law, the State Bar of California shall comply with this section. This subdivision shall not be construed to apply other provisions of this chapter to the State Bar. (Amended by Stats. 2022, Ch. 419, Sec. 14. (AB 2958) Effective September 18, 2022.)
  187. 1798.3.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.8. PERSONAL DATA [1798 - 1798.78] ( Title 1.8 added by Stats. 1977, Ch. 709. ) ## CHAPTER 1. Information Practices Act of 1977 [1798 - 1798.78] ( Chapter 1 added by Stats. 1977, Ch. 709. ) ## ARTICLE 2. Definitions [1798.3- 1798.3.] ( Article 2 added by Stats. 1977, Ch. 709. )

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    This section defines key terms used in the chapter on personal data and information practices.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.8. PERSONAL DATA [1798 - 1798.78] ( Title 1.8 added by Stats. 1977, Ch. 709. ) ## CHAPTER 1. Information Practices Act of 1977 [1798 - 1798.78] ( Chapter 1 added by Stats. 1977, Ch. 709. ) ## ARTICLE 2. Definitions [1798.3- 1798.3.] ( Article 2 added by Stats. 1977, Ch. 709. ) ## 1798.3. As used in this chapter: (a) The term “personal information” means any information that is maintained by an agency that identifies or describes an individual, including, but not limited to, the individual’s name, social security number, physical description, home address, home telephone number, education, financial matters, and medical or employment history. It includes statements made by, or attributed to, the individual. (b) The term “agency” means every state office, officer, department, division, bureau, board, commission, or other state agency, except that the term agency shall not include: (1) The California Legislature. (2) Any agency established under Article VI of the California Constitution. (3) The State Compensation Insurance Fund, except as to any records that contain personal information about the employees of the State Compensation Insurance Fund. (4) A local agency, as defined in Section 7920.510 of the Government Code. (c) The term “disclose” means to disclose, release, transfer, disseminate, or otherwise communicate all or any part of any record orally, in writing, or by electronic or any other means to any person or entity. (d) The term “individual” means a natural person. (e) The term “maintain” includes maintain, acquire, use, or disclose. (f) The term “person” means any natural person, corporation, partnership, limited liability company, firm, or association. (g) The term “record” means any file or grouping of information about an individual that is maintained by an agency by reference to an identifying particular such as the individual’s name, photograph, finger or voice print, or a number or symbol assigned to the individual. (h) The term “system of records” means one or more records, which pertain to one or more individuals, which is maintained by any agency, from which information is retrieved by the name of an individual or by some identifying number, symbol, or other identifying particular assigned to the individual. (i) The term “governmental entity,” except as used in Section 1798.26, means any branch of the federal government or of the local government. (j) The term “commercial purpose” means any purpose that has financial gain as a major objective. It does not include the gathering or dissemination of newsworthy facts by a publisher or broadcaster. (k) The term “regulatory agency” means the Department of Financial Protection and Innovation, the Department of Insurance, the Bureau of Real Estate, and agencies of the United States or of any other state responsible for regulating financial institutions. (Amended (as amended by Stats. 2021, Ch. 615, Sec. 43) by Stats. 2022, Ch. 452, Sec. 25. (SB 1498) Effective January 1, 2023.)
  188. 1798.30.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.8. PERSONAL DATA [1798 - 1798.78] ( Title 1.8 added by Stats. 1977, Ch. 709. ) ## CHAPTER 1. Information Practices Act of 1977 [1798 - 1798.78] ( Chapter 1 added by Stats. 1977, Ch. 709. ) ## ARTICLE 8. Access to Records and Administrative Remedies [1798.30 - 1798.44] ( Article 8 added by Stats. 1977, Ch. 709. )

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    Each agency must adopt regulations or publish guidelines setting procedures to fully implement the rights of individuals in this article.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.8. PERSONAL DATA [1798 - 1798.78] ( Title 1.8 added by Stats. 1977, Ch. 709. ) ## CHAPTER 1. Information Practices Act of 1977 [1798 - 1798.78] ( Chapter 1 added by Stats. 1977, Ch. 709. ) ## ARTICLE 8. Access to Records and Administrative Remedies [1798.30 - 1798.44] ( Article 8 added by Stats. 1977, Ch. 709. ) ## 1798.30. Each agency shall either adopt regulations or publish guidelines specifying procedures to be followed in order fully to implement each of the rights of individuals set forth in this article. (Amended by Stats. 1978, Ch. 874.)
  189. 1798.300.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.7. Reproductive and Gender-Affirming Health Care Services [1798.300 - 1798.308] ( Title 1.81.7 added by Stats. 2023, Ch. 260, Sec. 6. )

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    This section defines terms used in the title about reproductive and gender-affirming health care services.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.7. Reproductive and Gender-Affirming Health Care Services [1798.300 - 1798.308] ( Title 1.81.7 added by Stats. 2023, Ch. 260, Sec. 6. ) ## 1798.300. As used in this title, the following definitions apply: (a) “Abusive litigation” means litigation or other legal action to deter, prevent, sanction, or punish a person engaging in legally protected health care activity by either of the following: (1) Filing or prosecuting an action in a state other than California where liability, in whole or part, directly or indirectly, is based on a legally protected health care activity that was legal in the state in which it occurred, including an action in which liability is based on a theory of vicarious, joint, or several liability. (2) Attempting to enforce an order or judgment issued in connection with an action described in paragraph (1) by a party to that action or a person acting on behalf of a party to that action. An action shall be considered to be based on conduct that was legal in the state in which it occurred if a part of an act or omission involved in the course of conduct that forms the basis for liability in the action occurs or is initiated in a state in which the health care was legal, whether or not the act or omission is alleged or included in a pleading or other filing in the lawsuit. (b) “Aggrieved person, provider, or other entity” includes, but is not limited to, a person who resides in California, a business or entity doing business in the state or located in the state, a health care service plan, a health insurer, a person or entity that provided a legally protected health care activity in California, a person who received a legally protected health care activity from a provider licensed in California, a person or entity that is licensed in California to provide a legally protected health care activity, including a provider, clinic, or a person who assisted a person or entity that received or provided a legally protected health care activity in California. (c) “Gender-affirming health care services” and “gender-affirming mental health care services” have the same meaning as defined in paragraph (3) of subdivision (b) of Section 16010.2 of the Welfare and Institutions Code. (d) (1) “Legally protected health care activity” means any of the following: (A) The exercise and enjoyment, or attempted exercise and enjoyment, by a person of rights to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services secured by the Constitution or laws of California or the provision by a health care service plan contract or a policy, or a certificate of health insurance, that provides for such services. (B) An act or omission undertaken to aid or encourage, or attempt to aid or encourage, a person in the exercise and enjoyment or attempted exercise and enjoyment of rights to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services secured by the Constitution or laws of California. (C) The provision of reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services by a person duly licensed under the laws of California or the coverage of, and reimbursement for, such services or care by a health care service plan or a health insurer, if the service or care is lawful under the laws of California, regardless of the patient’s location. (2) “Legally protected health care activity” does not include any activity that would be deemed unprofessional conduct or that would violate antidiscrimination laws of California. (e) “Reproductive health care services” means and includes all services, care, or products of a medical, surgical, psychiatric, therapeutic, diagnostic, mental health, behavioral health, preventative, rehabilitative, supportive, consultative, referral, prescribing, or dispensing nature relating to the human reproductive system provided in accordance with the constitution and laws of this state, whether provided in person or by means of telehealth services which includes, but is not limited to, all services, care, and products relating to pregnancy, the termination of a pregnancy, assisted reproduction, or contraception. (Added by Stats. 2023, Ch. 260, Sec. 6. (SB 345) Effective January 1, 2024.)
  190. 1798.301.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.7. Reproductive and Gender-Affirming Health Care Services [1798.300 - 1798.308] ( Title 1.81.7 added by Stats. 2023, Ch. 260, Sec. 6. )

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    California law states that reproductive health care services, gender-affirming health care services, and gender-affirming mental health care services are rights, and interference with those rights is against California public policy.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.7. Reproductive and Gender-Affirming Health Care Services [1798.300 - 1798.308] ( Title 1.81.7 added by Stats. 2023, Ch. 260, Sec. 6. ) ## 1798.301. Reproductive health care services, gender-affirming health care services, and gender-affirming mental health care services are rights secured by the Constitution and laws of California. Interference with these rights, whether or not under the color of law, is against the public policy of California. (Added by Stats. 2023, Ch. 260, Sec. 6. (SB 345) Effective January 1, 2024.)
  191. 1798.302.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.7. Reproductive and Gender-Affirming Health Care Services [1798.300 - 1798.308] ( Title 1.81.7 added by Stats. 2023, Ch. 260, Sec. 6. )

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    A foreign-jurisdiction act or record that blocks or interferes with reproductive or gender-affirming health care access in California is treated as an interference with California rights and as contrary to California public policy.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.7. Reproductive and Gender-Affirming Health Care Services [1798.300 - 1798.308] ( Title 1.81.7 added by Stats. 2023, Ch. 260, Sec. 6. ) ## 1798.302. A public act or record of a foreign jurisdiction that prohibits, criminalizes, sanctions, authorizes a person to bring a civil action against, or otherwise interferes with a person, provider, or other entity in California that seeks, receives, causes, aids in access to, aids, abets, provides, or attempts or intends to seek, receive, cause, aid in access to, aid, abet, or provide, reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services shall be an interference with the exercise and enjoyment of the rights secured by the Constitution and laws of California and shall be a violation of the public policy of California. (Added by Stats. 2023, Ch. 260, Sec. 6. (SB 345) Effective January 1, 2024.)
  192. 1798.303.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.7. Reproductive and Gender-Affirming Health Care Services [1798.300 - 1798.308] ( Title 1.81.7 added by Stats. 2023, Ch. 260, Sec. 6. )

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    If someone engages or tries to engage in abusive litigation affecting protected health care activity, certain affected parties may bring a civil action for relief.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.7. Reproductive and Gender-Affirming Health Care Services [1798.300 - 1798.308] ( Title 1.81.7 added by Stats. 2023, Ch. 260, Sec. 6. ) ## 1798.303. If a person, whether or not acting under color of law, engages or attempts to engage in abusive litigation that infringes on or interferes with, or attempts to infringe on or interfere with, a legally protected health care activity, then an aggrieved person, provider, carrier, or other entity, including a defendant in the abusive litigation, may institute a civil action for injunctive, monetary, or other appropriate relief within three years after the cause of action accrues. (Added by Stats. 2023, Ch. 260, Sec. 6. (SB 345) Effective January 1, 2024.)
  193. 1798.304.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.7. Reproductive and Gender-Affirming Health Care Services [1798.300 - 1798.308] ( Title 1.81.7 added by Stats. 2023, Ch. 260, Sec. 6. )

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    Certain persons may ask the court to modify or quash a subpoena tied to abusive litigation.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.7. Reproductive and Gender-Affirming Health Care Services [1798.300 - 1798.308] ( Title 1.81.7 added by Stats. 2023, Ch. 260, Sec. 6. ) ## 1798.304. An aggrieved person, provider, or other entity, including a defendant in abusive litigation, may move to modify or quash a subpoena issued in connection with abusive litigation on the grounds that the subpoena is unreasonable, oppressive, or inconsistent with the public policy of California. (Added by Stats. 2023, Ch. 260, Sec. 6. (SB 345) Effective January 1, 2024.)
  194. 1798.305.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.7. Reproductive and Gender-Affirming Health Care Services [1798.300 - 1798.308] ( Title 1.81.7 added by Stats. 2023, Ch. 260, Sec. 6. )

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    If the court rules for the petitioner under Section 1798.303, recovery must be three times actual damages, including certain judgment-related damages, costs, expenses, and reasonable attorney’s fees.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.7. Reproductive and Gender-Affirming Health Care Services [1798.300 - 1798.308] ( Title 1.81.7 added by Stats. 2023, Ch. 260, Sec. 6. ) ## 1798.305. If the court finds for the petitioner in an action authorized by Section 1798.303, recovery shall be in the amount of three times the amount of actual damages, which shall include damages for the amount of a judgment issued in connection with an abusive litigation, and any other expenses, costs, or reasonable attorney’s fees incurred in connection with the abusive litigation. (Added by Stats. 2023, Ch. 260, Sec. 6. (SB 345) Effective January 1, 2024.)
  195. 1798.306.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.7. Reproductive and Gender-Affirming Health Care Services [1798.300 - 1798.308] ( Title 1.81.7 added by Stats. 2023, Ch. 260, Sec. 6. )

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    A court may exercise jurisdiction in certain actions under Section 1798.303 if specified jurisdictional conditions are met.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.7. Reproductive and Gender-Affirming Health Care Services [1798.300 - 1798.308] ( Title 1.81.7 added by Stats. 2023, Ch. 260, Sec. 6. ) ## 1798.306. (a) A court may exercise jurisdiction over a person in an action authorized by Section 1798.303 if any of the following apply: (1) Personal jurisdiction is found under Section 410.10 of the Code of Civil Procedure. (2) The person has commenced an action in a court in California and, during the pendency of that action or an appeal therefrom, a summons and complaint is served on the person or the attorney appearing on the person’s behalf in that action or as otherwise permitted by law. (3) The exercise of jurisdiction is permitted under the Constitution of the United States. (b) This section does not apply to a lawsuit or judgment entered in another state that is based on conduct for which a cause of action exists under the laws of California, including a contract, tort, common law, or statutory claim. (Added by Stats. 2023, Ch. 260, Sec. 6. (SB 345) Effective January 1, 2024.)
  196. 1798.307.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.7. Reproductive and Gender-Affirming Health Care Services [1798.300 - 1798.308] ( Title 1.81.7 added by Stats. 2023, Ch. 260, Sec. 6. )

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    For California cases or controversies about reproductive, gender-affirming, or gender-affirming mental health care services, California law governs, unless federal law requires otherwise.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.7. Reproductive and Gender-Affirming Health Care Services [1798.300 - 1798.308] ( Title 1.81.7 added by Stats. 2023, Ch. 260, Sec. 6. ) ## 1798.307. Notwithstanding any other law, the laws of California shall govern in a case or controversy heard in California related to reproductive health care services, gender-affirming health care services, or gender-affirming mental health care services, except as may be required by federal law. (Added by Stats. 2023, Ch. 260, Sec. 6. (SB 345) Effective January 1, 2024.)
  197. 1798.308.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.7. Reproductive and Gender-Affirming Health Care Services [1798.300 - 1798.308] ( Title 1.81.7 added by Stats. 2023, Ch. 260, Sec. 6. )

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    This section says the title must not be read as giving jurisdiction over a California resident in an out-of-state forum unless the resident has availed themselves of that forum.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.7. Reproductive and Gender-Affirming Health Care Services [1798.300 - 1798.308] ( Title 1.81.7 added by Stats. 2023, Ch. 260, Sec. 6. ) ## 1798.308. This title shall not be construed to provide jurisdiction over a California resident in an out-of-state forum when the California resident has not availed themselves of that forum. (Added by Stats. 2023, Ch. 260, Sec. 6. (SB 345) Effective January 1, 2024.)
  198. 1798.32.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.8. PERSONAL DATA [1798 - 1798.78] ( Title 1.8 added by Stats. 1977, Ch. 709. ) ## CHAPTER 1. Information Practices Act of 1977 [1798 - 1798.78] ( Chapter 1 added by Stats. 1977, Ch. 709. ) ## ARTICLE 8. Access to Records and Administrative Remedies [1798.30 - 1798.44] ( Article 8 added by Stats. 1977, Ch. 709. )

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    Individuals have the right to ask whether an agency keeps a record about them, and agencies must help make access requests specific.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.8. PERSONAL DATA [1798 - 1798.78] ( Title 1.8 added by Stats. 1977, Ch. 709. ) ## CHAPTER 1. Information Practices Act of 1977 [1798 - 1798.78] ( Chapter 1 added by Stats. 1977, Ch. 709. ) ## ARTICLE 8. Access to Records and Administrative Remedies [1798.30 - 1798.44] ( Article 8 added by Stats. 1977, Ch. 709. ) ## 1798.32. Each individual shall have the right to inquire and be notified as to whether the agency maintains a record about himself or herself. Agencies shall take reasonable steps to assist individuals in making their requests sufficiently specific. Any notice sent to an individual which in any way indicates that the agency maintains any record concerning that individual shall include the title and business address of the agency official responsible for maintaining the records, the procedures to be followed to gain access to the records, and the procedures to be followed for an individual to contest the contents of these records unless the individual has received this notice from the agency during the past year. In implementing the right conferred by this section, an agency may specify in its rules or regulations reasonable times, places, and requirements for identifying an individual who requests access to a record, and for disclosing the contents of a record. (Amended by Stats. 1992, 1st Ex. Sess., Ch. 21, Sec. 33.6. Effective March 7, 1993.)
  199. 1798.33.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.8. PERSONAL DATA [1798 - 1798.78] ( Title 1.8 added by Stats. 1977, Ch. 709. ) ## CHAPTER 1. Information Practices Act of 1977 [1798 - 1798.78] ( Chapter 1 added by Stats. 1977, Ch. 709. ) ## ARTICLE 8. Access to Records and Administrative Remedies [1798.30 - 1798.44] ( Article 8 added by Stats. 1977, Ch. 709. )

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    Agencies may charge copying fees for records, but the fees cannot include search or review costs and generally cannot exceed $0.10 per page unless a statute sets the copying fee.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.8. PERSONAL DATA [1798 - 1798.78] ( Title 1.8 added by Stats. 1977, Ch. 709. ) ## CHAPTER 1. Information Practices Act of 1977 [1798 - 1798.78] ( Chapter 1 added by Stats. 1977, Ch. 709. ) ## ARTICLE 8. Access to Records and Administrative Remedies [1798.30 - 1798.44] ( Article 8 added by Stats. 1977, Ch. 709. ) ## 1798.33. Each agency may establish fees to be charged, if any, to an individual for making copies of a record. Such fees shall exclude the cost of any search for and review of the record, and shall not exceed ten cents ($0.10) per page, unless the agency fee for copying is established by statute. (Amended by Stats. 1978, Ch. 874.)
  200. 1798.34.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.8. PERSONAL DATA [1798 - 1798.78] ( Title 1.8 added by Stats. 1977, Ch. 709. ) ## CHAPTER 1. Information Practices Act of 1977 [1798 - 1798.78] ( Chapter 1 added by Stats. 1977, Ch. 709. ) ## ARTICLE 8. Access to Records and Administrative Remedies [1798.30 - 1798.44] ( Article 8 added by Stats. 1977, Ch. 709. )

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    Agencies must let individuals inspect certain personal records and related accounting, and must provide copies and accessible access within stated deadlines.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.8. PERSONAL DATA [1798 - 1798.78] ( Title 1.8 added by Stats. 1977, Ch. 709. ) ## CHAPTER 1. Information Practices Act of 1977 [1798 - 1798.78] ( Chapter 1 added by Stats. 1977, Ch. 709. ) ## ARTICLE 8. Access to Records and Administrative Remedies [1798.30 - 1798.44] ( Article 8 added by Stats. 1977, Ch. 709. ) ## 1798.34. (a) Except as otherwise provided in this chapter, each agency shall permit any individual upon request and proper identification to inspect all the personal information in any record containing personal information and maintained by reference to an identifying particular assigned to the individual within 30 days of the agency’s receipt of the request for active records, and within 60 days of the agency’s receipt of the request for records that are geographically dispersed or which are inactive and in central storage. Failure to respond within these time limits shall be deemed denial. In addition, the individual shall be permitted to inspect any personal information about himself or herself where it is maintained by reference to an identifying particular other than that of the individual, if the agency knows or should know that the information exists. The individual also shall be permitted to inspect the accounting made pursuant to Article 7 (commencing with Section 1798.25). (b) The agency shall permit the individual, and, upon the individual’s request, another person of the individual’s own choosing to inspect all the personal information in the record and have an exact copy made of all or any portion thereof within 15 days of the inspection. It may require the individual to furnish a written statement authorizing disclosure of the individual’s record to another person of the individual’s choosing. (c) The agency shall present the information in the record in a form reasonably comprehensible to the general public. (d) Whenever an agency is unable to access a record by reference to name only, or when access by name only would impose an unreasonable administrative burden, it may require the individual to submit such other identifying information as will facilitate access to the record. (e) When an individual is entitled under this chapter to gain access to the information in a record containing personal information, the information or a true copy thereof shall be made available to the individual at a location near the residence of the individual or by mail, whenever reasonable. (Amended by Stats. 1985, Ch. 595, Sec. 15.)

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