Civil Code — Part 6 | CIV — United States — California law | Esheria

Civil Code

Part 6 of 20 · provisions 1,001–1,200

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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About this statute

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

Showing 200 of 3,922

  1. 1798.35.

    ## 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 1.8. 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. )

    Verify source ↗

    Each agency must let an individual request a written amendment to a record and respond within 30 days by making the correction or explaining the refusal.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 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. ) ## 1798.35. Each agency shall permit an individual to request in writing an amendment of a record and, shall within 30 days of the date of receipt of such request: (a) Make each correction in accordance with the individual’s request of any portion of a record which the individual believes is not accurate, relevant, timely, or complete and inform the individual of the corrections made in accordance with their request; or (b) Inform the individual of its refusal to amend the record in accordance with such individual’s request, the reason for the refusal, the procedures established by the agency for the individual to request a review by the head of the agency or an official specifically designated by the head of the agency of the refusal to amend, and the name, title, and business address of the reviewing official. (Added by Stats. 1977, Ch. 709.)
  2. 1798.36.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 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. )

    Verify source ↗

    Agencies must allow a person to request review of a refusal to amend a record, finish that review within 30 days unless extended for good cause, and allow a statement of disagreement if the refusal is upheld.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 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. ) ## 1798.36. Each agency shall permit any individual who disagrees with the refusal of the agency to amend a record to request a review of such refusal by the head of the agency or an official specifically designated by the head of such agency, and, not later than 30 days from the date on which the individual requests such review, complete such review and make a final determination unless, for good cause shown, the head of the agency extends such review period by 30 days. If, after such review, the reviewing official refuses to amend the record in accordance with the request, the agency shall permit the individual to file with the agency a statement of reasonable length setting forth the reasons for the individual’s disagreement. (Added by Stats. 1977, Ch. 709.)
  3. 1798.37.

    ## 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 1.8. 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. )

    Verify source ↗

    If an agency discloses a record containing information subject to a statement of disagreement, it must mark the disputed portion and provide copies of the person’s statement and the agency’s concise reasons for not amending the record.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 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. ) ## 1798.37. The agency, with respect to any disclosure containing information about which the individual has filed a statement of disagreement, shall clearly note any portion of the record which is disputed and make available copies of such individual’s statement and copies of a concise statement of the reasons of the agency for not making the amendment to any person or agency to whom the disputed record has been or is disclosed. (Added by Stats. 1977, Ch. 709.)
  4. 1798.38.

    ## 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 1.8. 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. )

    Verify source ↗

    An agency must disclose personal information to the individual, without identifying a confidential source, when the record was compiled for specified employment, appointment, contract, or licensing purposes and the source is not supervisory.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 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. ) ## 1798.38. If information, including letters of recommendation, compiled for the purpose of determining suitability, eligibility, or qualifications for employment, advancement, renewal of appointment or promotion, status as adoptive parents, or for the receipt of state contracts, or for licensing purposes, was received with the promise or, prior to July 1, 1978, with the understanding that the identity of the source of the information would be held in confidence and the source is not in a supervisory position with respect to the individual to whom the record pertains, the agency shall fully inform the individual of all personal information about that individual without identification of the source. This may be done by providing a copy of the text of the material with only such deletions as are necessary to protect the identity of the source or by providing a comprehensive summary of the substance of the material. Whichever method is used, the agency shall insure that full disclosure is made to the subject of any personal information that could reasonably in any way reflect or convey anything detrimental, disparaging, or threatening to an individual’s reputation, rights, benefits, privileges, or qualifications, or be used by an agency to make a determination that would affect an individual’s rights, benefits, privileges, or qualifications. In institutions of higher education, “supervisory positions” shall not be deemed to include chairpersons of academic departments. (Amended by Stats. 1985, Ch. 595, Sec. 16.)
  5. 1798.39.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 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. )

    Verify source ↗

    Sections 1798.35, 1798.36, and 1798.37 do not apply to records that evidence property 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 1.8. 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. ) ## 1798.39. Sections 1798.35, 1798.36, and 1798.37 shall not apply to any record evidencing property rights. (Added by Stats. 1977, Ch. 709.)
  6. 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 8. Access to Records and Administrative Remedies [1798.30 - 1798.44] ( Article 8 added by Stats. 1977, Ch. 709. )

    Verify source ↗

    An agency is not required to disclose personal information to the person it concerns if the information fits one of several listed 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 1.8. 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. ) ## 1798.40. This chapter shall not be construed to require an agency to disclose personal information to the individual to whom the information pertains, if the information meets any of the following criteria: (a) Is compiled for the purpose of identifying individual criminal offenders and alleged offenders and consists only of identifying data and notations of arrests, the nature and disposition of criminal charges, sentencing, confinement, release, and parole and probation status. (b) Is compiled for the purpose of a criminal investigation of suspected criminal activities, including reports of informants and investigators, and associated with an identifiable individual. (c) Is contained in any record which could identify an individual and which is compiled at any stage of the process of enforcement of the criminal laws, from the arrest or indictment stage through release from supervision and including the process of extradition or the exercise of executive clemency. (d) Is maintained for the purpose of an investigation of an individual’s fitness for licensure or public employment, or of a grievance or complaint, or a suspected civil offense, so long as the information is withheld only so as not to compromise the investigation, or a related investigation. The identities of individuals who provided information for the investigation may be withheld pursuant to Section 1798.38. (e) Would compromise the objectivity or fairness of a competitive examination for appointment or promotion in public service, or to determine fitness for licensure, or to determine scholastic aptitude. (f) Pertains to the physical or psychological condition of the individual, if the agency determines that disclosure would be detrimental to the individual. The information shall, upon the individual’s written authorization, be disclosed to a licensed medical practitioner or psychologist designated by the individual. (g) Relates to the settlement of claims for work related illnesses or injuries and is maintained exclusively by the State Compensation Insurance Fund. (h) Is required by statute to be withheld from the individual to whom it pertains. This section shall not be construed to deny an individual access to information relating to him or her if access is allowed by another statute or decisional law of this state. (Added by Stats. 1985, Ch. 595, Sec. 18.)
  7. 1798.41.

    ## 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 1.8. 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. )

    Verify source ↗

    Agencies must notify an individual in writing when requested information is exempt from access, review the exemption determination within 30 days, and provide the review findings in writing. In limited circumstances, an agency may seek a court order allowing it to tell the individual that no record is maintained.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 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. ) ## 1798.41. (a) Except as provided in subdivision (c), if the agency determines that information requested pursuant to Section 1798.34 is exempt from access, it shall inform the individual in writing of the agency’s finding that disclosure is not required by law. (b) Except as provided in subdivision (c), each agency shall conduct a review of its determination that particular information is exempt from access pursuant to Section 1798.40, within 30 days from the receipt of a request by an individual directly affected by the determination, and inform the individual in writing of the findings of the review. The review shall be conducted by the head of the agency or an official specifically designated by the head of the agency. (c) If the agency believes that compliance with subdivision (a) would seriously interfere with attempts to apprehend persons who are wanted for committing a crime or attempts to prevent the commission of a crime or would endanger the life of an informant or other person submitting information contained in the record, it may petition the presiding judge of the superior court of the county in which the record is maintained to issue an ex parte order authorizing the agency to respond to the individual that no record is maintained. All proceedings before the court shall be in camera. If the presiding judge finds that there are reasonable grounds to believe that compliance with subdivision (a) will seriously interfere with attempts to apprehend persons who are wanted for committing a crime or attempts to prevent the commission of a crime or will endanger the life of an informant or other person submitting information contained in the record, the judge shall issue an order authorizing the agency to respond to the individual that no record is maintained by the agency. The order shall not be issued for longer than 30 days but can be renewed at 30-day intervals. If a request pursuant to this section is received after the expiration of the order, the agency must either respond pursuant to subdivision (a) or seek a new order pursuant to this subdivision. (Added by renumbering Section 1798.40 by Stats. 1985, Ch. 595, Sec. 17.)
  8. 1798.42.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 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. )

    Verify source ↗

    When an agency discloses a record to an individual, it must not disclose personal information about another individual, and it must delete any information needed to comply.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 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. ) ## 1798.42. In disclosing information contained in a record to an individual, an agency shall not disclose any personal information relating to another individual which may be contained in the record. To comply with this section, an agency shall, in disclosing information, delete from disclosure such information as may be necessary. This section shall not be construed to authorize withholding the identities of sources except as provided in Sections 1798.38 and 1798.40. (Added by renumbering Section 1798.41 by Stats. 1985, Ch. 595, Sec. 19.)
  9. 1798.43.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 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. )

    Verify source ↗

    An agency may withhold information exempt under Section 1798.40 when disclosing a record to an individual, and may delete exempt information from the disclosure.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 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. ) ## 1798.43. In disclosing information contained in a record to an individual, an agency need not disclose any information pertaining to that individual which is exempt under Section 1798.40. To comply with this section, an agency may, in disclosing personal information contained in a record, delete from the disclosure any exempt information. (Added by renumbering Section 1798.42 by Stats. 1985, Ch. 595, Sec. 20.)
  10. 1798.44.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 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. )

    Verify source ↗

    This section limits the article to an individual’s rights in personal information, and says others do not have authority or a right under it to obtain that information.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 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. ) ## 1798.44. This article applies to the rights of an individual to whom personal information pertains and not to the authority or right of any other person, agency, other state governmental entity, or governmental entity to obtain this information. (Added by renumbering Section 1798.43 by Stats. 1985, Ch. 595, Sec. 21.)
  11. 1798.45.

    ## 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 1.8. 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 9. Civil Remedies [1798.45 - 1798.53] ( Article 9 added by Stats. 1977, Ch. 709. )

    Verify source ↗

    An individual may sue an agency if the agency refuses a lawful inspection request, keeps an inaccurate or incomplete record that causes an adverse determination, or otherwise violates the chapter or its rules in a way that harms the individual.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 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 9. Civil Remedies [1798.45 - 1798.53] ( Article 9 added by Stats. 1977, Ch. 709. ) ## 1798.45. An individual may bring a civil action against an agency whenever such agency does any of the following: (a) Refuses to comply with an individual’s lawful request to inspect pursuant to subdivision (a) of Section 1798.34. (b) Fails to maintain any record concerning any individual with such accuracy, relevancy, timeliness, and completeness as is necessary to assure fairness in any determination relating to the qualifications, character, rights, opportunities of, or benefits to the individual that may be made on the basis of such record, if, as a proximate result of such failure, a determination is made which is adverse to the individual. (c) Fails to comply with any other provision of this chapter, or any rule promulgated thereunder, in such a way as to have an adverse effect on an individual. (Added by Stats. 1977, Ch. 709.)
  12. 1798.46.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 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 9. Civil Remedies [1798.45 - 1798.53] ( Article 9 added by Stats. 1977, Ch. 709. )

    Verify source ↗

    In certain records-access suits, the court may stop an agency from withholding records and order disclosure, must review the matter de novo, and must award reasonable attorney’s fees and litigation costs to a prevailing complainant.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 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 9. Civil Remedies [1798.45 - 1798.53] ( Article 9 added by Stats. 1977, Ch. 709. ) ## 1798.46. In any suit brought under the provisions of subdivision (a) of Section 1798.45: (a) The court may enjoin the agency from withholding the records and order the production to the complainant of any agency records improperly withheld from the complainant. In such a suit the court shall determine the matter de novo, and may examine the contents of any agency records in camera to determine whether the records or any portion thereof may be withheld as being exempt from the individual’s right of access and the burden is on the agency to sustain its action. (b) The court shall assess against the agency reasonable attorney’s fees and other litigation costs reasonably incurred in any suit under this section in which the complainant has prevailed. A party may be considered to have prevailed even though he or she does not prevail on all issues or against all parties. (Amended by Stats. 1985, Ch. 595, Sec. 22.)
  13. 1798.47.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 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 9. Civil Remedies [1798.45 - 1798.53] ( Article 9 added by Stats. 1977, Ch. 709. )

    Verify source ↗

    If an agency fails to comply with this chapter, a court may issue orders or injunctions to stop the violating 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 9. Civil Remedies [1798.45 - 1798.53] ( Article 9 added by Stats. 1977, Ch. 709. ) ## 1798.47. Any agency that fails to comply with any provision of this chapter may be enjoined by any court of competent jurisdiction. The court may make any order or judgment as may be necessary to prevent the use or employment by an agency of any practices which violate this chapter. Actions for injunction under this section may be prosecuted by the Attorney General, or any district attorney in this state, in the name of the people of the State of California whether upon his or her own complaint, or of a member of the general public, or by any individual acting in his or her own behalf. (Amended by Stats. 1992, 1st Ex. Sess., Ch. 21, Sec. 33.7. Effective March 7, 1993.)
  14. 1798.48.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 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 9. Civil Remedies [1798.45 - 1798.53] ( Article 9 added by Stats. 1977, Ch. 709. )

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    If a suit is brought under Section 1798.45(b) or (c), the agency must pay the individual actual damages, including mental suffering damages, plus court costs 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 1.8. 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 9. Civil Remedies [1798.45 - 1798.53] ( Article 9 added by Stats. 1977, Ch. 709. ) ## 1798.48. In any suit brought under the provisions of subdivision (b) or (c) of Section 1798.45, the agency shall be liable to the individual in an amount equal to the sum of: (a) Actual damages sustained by the individual, including damages for mental suffering. (b) The costs of the action together with reasonable attorney’s fees as determined by the court. (Added by Stats. 1977, Ch. 709.)
  15. 1798.49.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 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 9. Civil Remedies [1798.45 - 1798.53] ( Article 9 added by Stats. 1977, Ch. 709. )

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    A complainant may sue to enforce liability under Sections 1798.45 to 1798.48, usually within 2 years, with a special 2-year-from-discovery period for certain materially and willfully misrepresented information.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 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 9. Civil Remedies [1798.45 - 1798.53] ( Article 9 added by Stats. 1977, Ch. 709. ) ## 1798.49. An action to enforce any liability created under Sections 1798.45 to 1798.48, inclusive, may be brought in any court of competent jurisdiction in the county in which the complainant resides, or has his principal place of business, or in which the defendant’s records are situated, within two years from the date on which the cause of action arises, except that where a defendant has materially and willfully misrepresented any information required under this section to be disclosed to an individual who is the subject of the information and the information so misrepresented is material to the establishment of the defendant’s liability to that individual under this section, the action may be brought at any time within two years after discovery by the complainant of the misrepresentation. Nothing in Sections 1798.45 to 1798.48, inclusive, shall be construed to authorize any civil action by reason of any injury sustained as the result of any information practice covered by this chapter prior to July 1, 1978. The rights and remedies set forth in this chapter shall be deemed to be nonexclusive and are in addition to all those rights and remedies which are otherwise available under any other provision of law. (Added by Stats. 1977, Ch. 709.)
  16. 1798.50.

    ## 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 1.8. 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 9. Civil Remedies [1798.45 - 1798.53] ( Article 9 added by Stats. 1977, Ch. 709. )

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    A civil action cannot be based on a subjective opinion about an individual’s qualifications in connection with a personnel action just because it was alleged to be inaccurate or incomplete.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 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 9. Civil Remedies [1798.45 - 1798.53] ( Article 9 added by Stats. 1977, Ch. 709. ) ## 1798.50. A civil action shall not lie under this article based upon an allegation that an opinion which is subjective in nature, as distinguished from a factual assertion, about an individual’s qualifications, in connection with a personnel action concerning such an individual, was not accurate, relevant, timely, or complete. (Added by Stats. 1977, Ch. 709.)
  17. 1798.500.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.9. Digital Age Assurance Act [1798.500 - 1798.505] ( Title 1.81.9 added by Stats. 2025, Ch. 675, Sec. 1. )

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    This section defines key terms used in the Digital Age Assurance 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 1.81.9. Digital Age Assurance Act [1798.500 - 1798.505] ( Title 1.81.9 added by Stats. 2025, Ch. 675, Sec. 1. ) ## 1798.500. For the purposes of this title: (a) (1) “Account holder” means an individual who is at least 18 years of age or a parent or legal guardian of a user who is under 18 years of age in the state. (2) “Account holder” does not include a parent of an emancipated minor or a parent or legal guardian who is not associated with a user’s device. (b) “Age bracket data” means nonpersonally identifiable data derived from a user’s birth date or age for the purpose of sharing with developers of applications that indicates the user’s age range, including, at a minimum, the following: (1) Whether a user is under 13 years of age. (2) Whether the user is at least 13 years of age and under 16 years of age. (3) Whether the user is at least 16 years of age and under 18 years of age. (4) Whether the user is at least 18 years of age. (c) “Application” means a software application that may be run or directed by a user on a computer, a mobile device, or any other general purpose computing device that can access a covered application store or download an application. (d) “Child” means a natural person who is under 18 years of age. (e) (1) “Covered application store” means a publicly available internet website, software application, online service, or platform that distributes and facilitates the download of applications from third-party developers to users of a computer, a mobile device, or any other general purpose computing that can access a covered application store or can download an application. (2) “Covered application store” does not mean an online service or platform that distributes extensions, plug-ins, add-ons, or other software applications that run exclusively within a separate host application. (f) “Developer” means a person that owns, maintains, or controls an application. (g) “Operating system provider” means a person or entity that develops, licenses, or controls the operating system software on a computer, mobile device, or any other general purpose computing device. (h) “Signal” means age bracket data sent by a real-time secure application programming interface or operating system to an application. (i) “User” means a child that is the primary user of the device. (Added by Stats. 2025, Ch. 675, Sec. 1. (AB 1043) Effective January 1, 2026. Operative January 1, 2027, pursuant to Section 1798.505.)
  18. 1798.501.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.9. Digital Age Assurance Act [1798.500 - 1798.505] ( Title 1.81.9 added by Stats. 2025, Ch. 675, Sec. 1. )

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    Operating system providers and developers must exchange age-range signals and limit how that information is requested, used, and shared.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.9. Digital Age Assurance Act [1798.500 - 1798.505] ( Title 1.81.9 added by Stats. 2025, Ch. 675, Sec. 1. ) ## 1798.501. (a) An operating system provider shall do all of the following: (1) Provide an accessible interface at account setup that requires an account holder to indicate the birth date, age, or both, of the user of that device for the purpose of providing a signal regarding the user’s age bracket to applications available in a covered application store. (2) Provide a developer who has requested a signal with respect to a particular user with a digital signal via a reasonably consistent real-time application programming interface that identifies, at a minimum, which of the following categories pertains to the user: (A) Under 13 years of age. (B) At least 13 years of age and under 16 years of age. (C) At least 16 years of age and under 18 years of age. (D) At least 18 years of age. (3) Send only the minimum amount of information necessary to comply with this title and shall not share the digital signal information with a third party for a purpose not required by this title. (b) (1) A developer shall request a signal with respect to a particular user from an operating system provider or a covered application store when the application is downloaded and launched. (2) (A) A developer that receives a signal pursuant to this title shall be deemed to have actual knowledge of the age range of the user to whom that signal pertains across all platforms of the application and points of access of the application even if the developer willfully disregards the signal. (B) A developer shall not willfully disregard internal clear and convincing information otherwise available to the developer that indicates that a user’s age is different than the age bracket data indicated by a signal provided by an operating system provider or a covered application store. (3) (A) Except as provided in subparagraph (B), a developer shall treat a signal received pursuant to this title as the primary indicator of a user’s age range for purposes of determining the user’s age. (B) If a developer has internal clear and convincing information that a user’s age is different than the age indicated by a signal received pursuant to this title, the developer shall use that information as the primary indicator of the user’s age. (4) A developer that receives a signal pursuant to this title shall use that signal to comply with applicable law but shall not do either of the following: (A) Request more information from an operating system provider or a covered application store than the minimum amount of information necessary to comply with this title. (B) Share the signal with a third party for a purpose not required by this title. (Added by Stats. 2025, Ch. 675, Sec. 1. (AB 1043) Effective January 1, 2026. Operative January 1, 2027, pursuant to Section 1798.505.)
  19. 1798.502.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.9. Digital Age Assurance Act [1798.500 - 1798.505] ( Title 1.81.9 added by Stats. 2025, Ch. 675, Sec. 1. )

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    An operating system provider must offer an accessible age/birth-date interface for certain devices, and developers must request an age-related signal in specified cases before July 1, 2027.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.9. Digital Age Assurance Act [1798.500 - 1798.505] ( Title 1.81.9 added by Stats. 2025, Ch. 675, Sec. 1. ) ## 1798.502. (a) With respect to a device for which account setup was completed before January 1, 2027, an operating system provider shall, before July 1, 2027, provide an accessible interface that allows an account holder to indicate the birth date, age, or both, of the user of that device for the purpose of providing a signal regarding the user’s age bracket to applications available in a covered application store. (b) If an application last updated with updates on or after January 1, 2026, was downloaded to a device before January 1, 2027, and the developer has not requested a signal with respect to the user of the device on which the application was downloaded, the developer shall request a signal from a covered application store with respect to that user before July 1, 2027. (Added by Stats. 2025, Ch. 675, Sec. 1. (AB 1043) Effective January 1, 2026. Operative January 1, 2027, pursuant to Section 1798.505.)
  20. 1798.503.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.9. Digital Age Assurance Act [1798.500 - 1798.505] ( Title 1.81.9 added by Stats. 2025, Ch. 675, Sec. 1. )

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    Violations of this title can lead to an injunction and civil penalties, and certain operating system providers or app stores get a liability shield if they make a good faith effort to comply.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.9. Digital Age Assurance Act [1798.500 - 1798.505] ( Title 1.81.9 added by Stats. 2025, Ch. 675, Sec. 1. ) ## 1798.503. (a) A 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) per affected child for each negligent violation or not more than seven thousand five hundred dollars ($7,500) per affected child for each intentional violation, which shall be assessed and recovered only in a civil action brought in the name of the people of the State of California by the Attorney General. (b) An operating system provider or a covered application store that makes a good faith effort to comply with this title, taking into consideration available technology and any reasonable technical limitations or outages, shall not be liable for an erroneous signal indicating a user’s age range or any conduct by a developer that receives a signal indicating a user’s age range. (Added by Stats. 2025, Ch. 675, Sec. 1. (AB 1043) Effective January 1, 2026. Operative January 1, 2027, pursuant to Section 1798.505.)
  21. 1798.504.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.9. Digital Age Assurance Act [1798.500 - 1798.505] ( Title 1.81.9 added by Stats. 2025, Ch. 675, Sec. 1. )

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    Operating system providers and covered application stores must follow this title nondiscriminatorily and cannot use third-party compliance data to compete or prefer their own 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 1.81.9. Digital Age Assurance Act [1798.500 - 1798.505] ( Title 1.81.9 added by Stats. 2025, Ch. 675, Sec. 1. ) ## 1798.504. (a) This title does not modify, impair, or supersede the operation of any antitrust law. (b) This title does not require the collection of additional personal information from device owners or device users other than that which is necessary to comply with Section 1798.501. (c) An operating system provider or a covered application store shall comply with this title in a nondiscriminatory manner, including, but not limited to, by complying with both of the following: (1) An operating system provider or a covered application store shall impose at least the same restrictions and obligations on its own applications and application distribution as it does on those from third-party applications or application distributors. (2) An operating system provider or a covered application store shall not use data collected from a third party in the course of compliance with this title to compete against that third party, give the covered application store’s services preference relative to those of a third party, or to otherwise use this data or consent mechanism in an anticompetitive manner. (d) The protections provided by this title are in addition to those provided by any other applicable law, including, but not limited to, the California Age-Appropriate Design Code Act (Title 1.81.47 (commencing with Section 1798.99.28)). (e) If any provision of this title, or application thereof, to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of this title that can be given effect without the invalid provision or application, and to this end the provisions of this title are declared to be severable. (f) This title does not apply to any of the following: (1) A broadband internet access service, as defined in Section 3100. (2) A telecommunications service, as defined in Section 153 of Title 47 of the United States Code. (3) The delivery or use of a physical product. (g) This title does not impose liability on an operating system provider, a covered application store, or a developer that arises from the use of a device or application by a person who is not the user to whom a signal pertains. (Added by Stats. 2025, Ch. 675, Sec. 1. (AB 1043) Effective January 1, 2026. Operative January 1, 2027, pursuant to Section 1798.505.)
  22. 1798.505.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.9. Digital Age Assurance Act [1798.500 - 1798.505] ( Title 1.81.9 added by Stats. 2025, Ch. 675, Sec. 1. )

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    This title becomes operative on January 1, 2027.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.9. Digital Age Assurance Act [1798.500 - 1798.505] ( Title 1.81.9 added by Stats. 2025, Ch. 675, Sec. 1. ) ## 1798.505. This title shall become operative on January 1, 2027. (Added by Stats. 2025, Ch. 675, Sec. 1. (AB 1043) Effective January 1, 2026.)
  23. 1798.51.

    ## 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 1.8. 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 9. Civil Remedies [1798.45 - 1798.53] ( Article 9 added by Stats. 1977, Ch. 709. )

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    An individual may get a record corrected under this chapter if another legal remedy is unavailable because time has lapsed.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 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 9. Civil Remedies [1798.45 - 1798.53] ( Article 9 added by Stats. 1977, Ch. 709. ) ## 1798.51. Where a remedy other than those provided in Articles 8 and 9 is provided by law but is not available because of lapse of time an individual may obtain a correction to a record under this chapter but such correction shall not operate to revise or restore a right or remedy not provided by this chapter that has been barred because of lapse of time. (Added by Stats. 1977, Ch. 709.)
  24. 1798.53.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 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 9. Civil Remedies [1798.45 - 1798.53] ( Article 9 added by Stats. 1977, Ch. 709. )

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    A person who intentionally discloses certain nonpublic information obtained from specified government records can be sued for invasion of privacy, unless the person is a state or local government employee acting solely in an official capacity.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 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 9. Civil Remedies [1798.45 - 1798.53] ( Article 9 added by Stats. 1977, Ch. 709. ) ## 1798.53. Any person, other than an employee of the state or of a local government agency acting solely in his or her official capacity, who intentionally discloses information, not otherwise public, which they know or should reasonably know was obtained from personal information maintained by a state agency or from “records” within a “system of records” (as these terms are defined in the Federal Privacy Act of 1974 (P. L. 93-579; 5 U.S.C. 552a)) maintained by a federal government agency, shall be subject to a civil action, for invasion of privacy, by the individual to whom the information pertains. In any successful action brought under this section, the complainant, in addition to any special or general damages awarded, shall be awarded a minimum of two thousand five hundred dollars ($2,500) in exemplary damages as well as attorney’s fees and other litigation costs reasonably incurred in the suit. The right, remedy, and cause of action set forth in this section shall be nonexclusive and is in addition to all other rights, remedies, and causes of action for invasion of privacy, inherent in Section 1 of Article I of the California Constitution. (Amended by Stats. 1985, Ch. 595, Sec. 23.)
  25. 1798.55.

    ## 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 1.8. 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 10. Penalties [1798.55 - 1798.57] ( Article 10 added by Stats. 1977, Ch. 709. )

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    An agency officer or employee who intentionally violates this chapter or its regulations can be disciplined, including termination.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 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 10. Penalties [1798.55 - 1798.57] ( Article 10 added by Stats. 1977, Ch. 709. ) ## 1798.55. The intentional violation of any provision of this chapter or of any rules or regulations adopted thereunder, by an officer or employee of any agency shall constitute a cause for discipline, including termination of employment. (Added by Stats. 1977, Ch. 709.)
  26. 1798.56.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 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 10. Penalties [1798.55 - 1798.57] ( Article 10 added by Stats. 1977, Ch. 709. )

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    A person who willfully gets a personal-information record from an agency by false pretenses commits a misdemeanor and can be fined up to $5,000, imprisoned up to one year, or both.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 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 10. Penalties [1798.55 - 1798.57] ( Article 10 added by Stats. 1977, Ch. 709. ) ## 1798.56. Any person who willfully requests or obtains any record containing personal information from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than five thousand dollars ($5,000), or imprisoned not more than one year, or both. (Amended by Stats. 1985, Ch. 595, Sec. 24.)
  27. 1798.57.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 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 10. Penalties [1798.55 - 1798.57] ( Article 10 added by Stats. 1977, Ch. 709. )

    Verify source ↗

    Intentional disclosure of medical, psychiatric, or psychological information can be a misdemeanor if it violates the chapter’s disclosure rules and causes economic loss or personal injury, except where disclosure is otherwise required or permitted 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 1.8. 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 10. Penalties [1798.55 - 1798.57] ( Article 10 added by Stats. 1977, Ch. 709. ) ## 1798.57. Except for disclosures which are otherwise required or permitted by law, the intentional disclosure of medical, psychiatric, or psychological information in violation of the disclosure provisions of this chapter is punishable as a misdemeanor if the wrongful disclosure results in economic loss or personal injury to the individual to whom the information pertains. (Added by Stats. 1986, Ch. 94, Sec. 1. Effective May 13, 1986.)
  28. 1798.60.

    ## 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 1.8. 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 11. Miscellaneous Provisions [1798.60 - 1798.69] ( Article 11 added by Stats. 1977, Ch. 709. )

    Verify source ↗

    An agency may not distribute, sell, or rent an individual’s name and address for commercial purposes unless specifically authorized 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 1.8. 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 11. Miscellaneous Provisions [1798.60 - 1798.69] ( Article 11 added by Stats. 1977, Ch. 709. ) ## 1798.60. An individual’s name and address may not be distributed for commercial purposes, sold, or rented by an agency unless such action is specifically authorized by law. (Added by Stats. 1977, Ch. 709.)
  29. 1798.61.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 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 11. Miscellaneous Provisions [1798.60 - 1798.69] ( Article 11 added by Stats. 1977, Ch. 709. )

    Verify source ↗

    This section says the chapter does not block releasing only names and addresses of professional license holders or applicants, when the applicant information is used only to send educational-material information.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 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 11. Miscellaneous Provisions [1798.60 - 1798.69] ( Article 11 added by Stats. 1977, Ch. 709. ) ## 1798.61. (a) Nothing in this chapter shall prohibit the release of only names and addresses of persons possessing licenses to engage in professional occupations. (b) Nothing in this chapter shall prohibit the release of only names and addresses of persons applying for licenses to engage in professional occupations for the sole purpose of providing those persons with informational materials relating to available professional educational materials or courses. (Amended by Stats. 2000, Ch. 962, Sec. 1. Effective January 1, 2001.)
  30. 1798.62.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 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 11. Miscellaneous Provisions [1798.60 - 1798.69] ( Article 11 added by Stats. 1977, Ch. 709. )

    Verify source ↗

    An agency that keeps a mailing list must remove an individual’s name and address when the individual makes a written request, unless the name is used only to directly contact that individual.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 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 11. Miscellaneous Provisions [1798.60 - 1798.69] ( Article 11 added by Stats. 1977, Ch. 709. ) ## 1798.62. Upon written request of any individual, any agency which maintains a mailing list shall remove the individual’s name and address from such list, except that such agency need not remove the individual’s name if such name is exclusively used by the agency to directly contact the individual. (Added by Stats. 1977, Ch. 709.)
  31. 1798.63.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 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 11. Miscellaneous Provisions [1798.60 - 1798.69] ( Article 11 added by Stats. 1977, Ch. 709. )

    Verify source ↗

    This chapter must be interpreted broadly to protect privacy rights under the chapter and under the federal or state 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 1.8. 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 11. Miscellaneous Provisions [1798.60 - 1798.69] ( Article 11 added by Stats. 1977, Ch. 709. ) ## 1798.63. The provisions of this chapter shall be liberally construed so as to protect the rights of privacy arising under this chapter or under the Federal or State Constitution. (Added by Stats. 1977, Ch. 709.)
  32. 1798.64.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 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 11. Miscellaneous Provisions [1798.60 - 1798.69] ( Article 11 added by Stats. 1977, Ch. 709. )

    Verify source ↗

    Some agency records stay under the chapter, and the Director of General Services generally may not disclose them except to the maintaining agency or under that agency’s rules.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 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 11. Miscellaneous Provisions [1798.60 - 1798.69] ( Article 11 added by Stats. 1977, Ch. 709. ) ## 1798.64. (a) Each agency record which is accepted by the Director of General Services for storage, processing, and servicing in accordance with provisions of the State Administrative Manual for the purposes of this chapter shall be considered to be maintained by the agency which deposited the record and shall continue to be subject to the provisions of this chapter. The Director of General Services shall not disclose the record except to the agency which maintains the record, or pursuant to rules established by such agency which are not inconsistent with the provisions of this chapter. (b) Each agency record pertaining to an identifiable individual which was or is transferred to the State Archives as a record which has sufficient historical or other value to warrant its continued preservation by the California state government, prior to or after July 1, 1978, shall, for the purposes of this chapter, be considered to be maintained by the archives. (Added by Stats. 1977, Ch. 709.)
  33. 1798.66.

    ## 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 1.8. 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 11. Miscellaneous Provisions [1798.60 - 1798.69] ( Article 11 added by Stats. 1977, Ch. 709. )

    Verify source ↗

    The Franchise Tax Board may extend certain Article 8 time limits to 60 days if the request is made between January 1 and June 30 and the requested records are stored on magnetic tape.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 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 11. Miscellaneous Provisions [1798.60 - 1798.69] ( Article 11 added by Stats. 1977, Ch. 709. ) ## 1798.66. The time limits specified in Article 8 (commencing with Section 1798. 30) may be extended to 60 days by the Franchise Tax Board if the following conditions exist: (a) The request is made during the period January 1 through June 30; and (b) The records requested are stored on magnetic tape. (Added by Stats. 1977, Ch. 709.)
  34. 1798.67.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 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 11. Miscellaneous Provisions [1798.60 - 1798.69] ( Article 11 added by Stats. 1977, Ch. 709. )

    Verify source ↗

    An agency that has recorded a state lien or encumbrance on real property may disclose the person’s identity information to distinguish that person from someone with the same or a similar 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 1.8. 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 11. Miscellaneous Provisions [1798.60 - 1798.69] ( Article 11 added by Stats. 1977, Ch. 709. ) ## 1798.67. Where an agency has recorded a document creating a lien or encumbrance on real property in favor of the state, nothing herein shall prohibit any such agency from disclosing information relating to the identity of the person against whom such lien or encumbrance has been recorded for the purpose of distinguishing such person from another person bearing the same or a similar name. (Added by Stats. 1977, Ch. 709.)
  35. 1798.68.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 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 11. Miscellaneous Provisions [1798.60 - 1798.69] ( Article 11 added by Stats. 1977, Ch. 709. )

    Verify source ↗

    Agencies must provide certain information to a district attorney when requested, and a district attorney can ask a court to order disclosure if the agency does not respond within 10 working 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 1.8. 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 11. Miscellaneous Provisions [1798.60 - 1798.69] ( Article 11 added by Stats. 1977, Ch. 709. ) ## 1798.68. (a) Information which is permitted to be disclosed under the provisions of subdivision (e), (f), or (o), of Section 1798.24 shall be provided when requested by a district attorney. A district attorney may petition a court of competent jurisdiction to require disclosure of information when an agency fails or refuses to provide the requested information within 10 working days of a request. The court may require the agency to permit inspection unless the public interest or good cause in withholding such records clearly outweighs the public interest in disclosure. (b) Disclosure of information to a district attorney under the provisions of this chapter shall effect no change in the status of the records under any other provision of law. (Added by Stats. 1979, Ch. 601.)
  36. 1798.69.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 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 11. Miscellaneous Provisions [1798.60 - 1798.69] ( Article 11 added by Stats. 1977, Ch. 709. )

    Verify source ↗

    The State Board of Equalization generally may not release certain individuals’ names and addresses, except when needed to verify resale certificates or administer tax and fee provisions. It may also release otherwise authorized data to federal, state, or local government entities.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 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 11. Miscellaneous Provisions [1798.60 - 1798.69] ( Article 11 added by Stats. 1977, Ch. 709. ) ## 1798.69. (a) Except as provided in subdivision (b), the State Board of Equalization may not release the names and addresses of individuals who are registered with, or are holding licenses or permits issued by, the State Board of Equalization except to the extent necessary to verify resale certificates or to administer the tax and fee provisions of the Revenue and Taxation Code. (b) Nothing in this section shall prohibit the release by the State Board of Equalization to, or limit the use by, any federal or state agency, or local government, of any data collected by the board that is otherwise authorized by law. (Added by Stats. 2000, Ch. 962, Sec. 2. Effective January 1, 2001.)
  37. 1798.70.

    ## 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 1.8. 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 12. Construction With Other Laws [1798.70 - 1798.78] ( Article 12 added by Stats. 1977, Ch. 709. )

    Verify source ↗

    This chapter overrides conflicting state-law provisions and exemptions that would let an agency withhold records containing personal information otherwise accessible 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 1.8. 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 12. Construction With Other Laws [1798.70 - 1798.78] ( Article 12 added by Stats. 1977, Ch. 709. ) ## 1798.70. This chapter shall be construed to supersede any other provision of state law, including Article 2 (commencing with Section 7924.100) of Chapter 2 of Part 5 of Division 10 of Title 1 of the Government Code, or any exemption in Section 7922.000 of the Government Code or in any provision listed in Section 7920.505 of the Government Code, which authorizes any agency to withhold from an individual any record containing personal information that is otherwise accessible under the provisions of this chapter. (Amended by Stats. 2021, Ch. 615, Sec. 46. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  38. 1798.71.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 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 12. Construction With Other Laws [1798.70 - 1798.78] ( Article 12 added by Stats. 1977, Ch. 709. )

    Verify source ↗

    This section says the chapter does not reduce or limit litigants’ rights to discovery under California law or case law, including in administrative proceedings.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 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 12. Construction With Other Laws [1798.70 - 1798.78] ( Article 12 added by Stats. 1977, Ch. 709. ) ## 1798.71. This chapter shall not be deemed to abridge or limit the rights of litigants, including parties to administrative proceedings, under the laws, or case law, of discovery of this state. (Added by Stats. 1977, Ch. 709.)
  39. 1798.72.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 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 12. Construction With Other Laws [1798.70 - 1798.78] ( Article 12 added by Stats. 1977, Ch. 709. )

    Verify source ↗

    This chapter does not authorize disclosure of records containing personal information, except to the subject of the record, if that disclosure would violate another 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 1.8. 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 12. Construction With Other Laws [1798.70 - 1798.78] ( Article 12 added by Stats. 1977, Ch. 709. ) ## 1798.72. Nothing in this chapter shall be construed to authorize the disclosure of any record containing personal information, other than to the subject of such records, in violation of any other law. (Added by Stats. 1977, Ch. 709.)
  40. 1798.73.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 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 12. Construction With Other Laws [1798.70 - 1798.78] ( Article 12 added by Stats. 1977, Ch. 709. )

    Verify source ↗

    This chapter does not limit privacy rights that arise under Section 1 of Article I of the 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 1.8. 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 12. Construction With Other Laws [1798.70 - 1798.78] ( Article 12 added by Stats. 1977, Ch. 709. ) ## 1798.73. Nothing in this chapter shall be construed to deny or limit any right of privacy arising under Section 1 of Article I of the California Constitution. (Added by Stats. 1977, Ch. 709.)
  41. 1798.74.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 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 12. Construction With Other Laws [1798.70 - 1798.78] ( Article 12 added by Stats. 1977, Ch. 709. )

    Verify source ↗

    For student records, Chapter 13 of the Education Code prevails over 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 12. Construction With Other Laws [1798.70 - 1798.78] ( Article 12 added by Stats. 1977, Ch. 709. ) ## 1798.74. The provisions of Chapter 13 (commencing with Section 67110) of Part 40 of the Education Code shall, with regard to student records, prevail over the provisions of this chapter. (Added by Stats. 1977, Ch. 709.)
  42. 1798.75.

    ## 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 1.8. 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 12. Construction With Other Laws [1798.70 - 1798.78] ( Article 12 added by Stats. 1977, Ch. 709. )

    Verify source ↗

    This chapter does not override Division 10 of the Government Code, except for Sections 1798.60, 1798.69, and 1798.70.

    ## 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 1.8. 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 12. Construction With Other Laws [1798.70 - 1798.78] ( Article 12 added by Stats. 1977, Ch. 709. ) ## 1798.75. This chapter shall not be deemed to supersede Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code, except as to the provisions of Sections 1798.60, 1798.69, and 1798.70. (Amended by Stats. 2021, Ch. 615, Sec. 47. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  43. 1798.76.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 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 12. Construction With Other Laws [1798.70 - 1798.78] ( Article 12 added by Stats. 1977, Ch. 709. )

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    This chapter must not be read to repeal, change, or limit laws or court decisions that allow access to law enforcement records or discovery in criminal or civil 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 1.8. 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 12. Construction With Other Laws [1798.70 - 1798.78] ( Article 12 added by Stats. 1977, Ch. 709. ) ## 1798.76. Nothing in this chapter shall be construed to revoke, modify, or alter in any manner any statutory provision or any judicial decision which (a) authorizes an individual to gain access to any law enforcement record, or (b) authorizes discovery in criminal or civil litigation. (Added by Stats. 1977, Ch. 709.)
  44. 1798.77.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 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 12. Construction With Other Laws [1798.70 - 1798.78] ( Article 12 added by Stats. 1977, Ch. 709. )

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    Agencies must not change, transfer, or destroy personal-information records to evade this chapter, and they must not remove or destroy requested personal information before giving access.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 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 12. Construction With Other Laws [1798.70 - 1798.78] ( Article 12 added by Stats. 1977, Ch. 709. ) ## 1798.77. Each agency shall ensure that no record containing personal information shall be modified, transferred, or destroyed to avoid compliance with any of the provisions of this chapter. In the event that an agency fails to comply with the provisions of this section, an individual may bring a civil action and seek the appropriate remedies and damages in accordance with the provisions of Article 9 (commencing with Section 1798.45). An agency shall not remove or destroy personal information about an individual who has requested access to the information before allowing the individual access to the record containing the information. (Added by Stats. 1985, Ch. 595, Sec. 26.)
  45. 1798.78.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 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 12. Construction With Other Laws [1798.70 - 1798.78] ( Article 12 added by Stats. 1977, Ch. 709. )

    Verify source ↗

    This chapter does not override the provisions of Chapter 1299 of the Statutes of 1976.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 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 12. Construction With Other Laws [1798.70 - 1798.78] ( Article 12 added by Stats. 1977, Ch. 709. ) ## 1798.78. This chapter shall not be deemed to supersede the provisions of Chapter 1299 of the Statutes of 1976. (Added by Stats. 1985, Ch. 595, Sec. 27.)
  46. 1798.79.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.80. Identification Documents [1798.79 - 1798.795] ( Title 1.80 added by Stats. 2008, Ch. 746, Sec. 2. )

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    This section prohibits certain RFID-related reading of identification documents and disclosure of contactless system keys, with 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 1.80. Identification Documents [1798.79 - 1798.795] ( Title 1.80 added by Stats. 2008, Ch. 746, Sec. 2. ) ## 1798.79. (a) Except as provided in this section, a person or entity that intentionally remotely reads or attempts to remotely read a person’s identification document using radio frequency identification (RFID), for the purpose of reading that person’s identification document without that person’s knowledge and prior consent, shall be punished by imprisonment in a county jail for up to one year, a fine of not more than one thousand five hundred dollars ($1,500), or both that fine and imprisonment. (b) A person or entity that knowingly discloses, or causes to be disclosed, the operational system keys used in a contactless identification document system shall be punished by imprisonment in a county jail for up to one year, a fine of not more than one thousand five hundred dollars ($1,500), or both that fine and imprisonment. (c) Subdivision (a) shall not apply to: (1) The reading of a person’s identification document for triage or medical care during a disaster and immediate hospitalization or immediate outpatient care directly related to a disaster, as defined by the local emergency medical services agency organized under Section 1797.200 of the Health and Safety Code. (2) The reading of a person’s identification document by a health care professional for reasons relating to the health or safety of that person or an identification document issued to a patient by emergency services. (3) The reading of an identification document of a person who is incarcerated in the state prison or a county jail, detained in a juvenile facility operated by the Division of Juvenile Facilities in the Department of Corrections and Rehabilitation, or housed in a mental health facility, pursuant to a court order after having been charged with a crime, or to a person pursuant to a court-ordered electronic monitoring. (4) Law enforcement or government personnel who need to read a lost identification document when the owner is unavailable for notice, knowledge, or consent, or those parties specifically authorized by law enforcement or government personnel for the limited purpose of reading a lost identification document when the owner is unavailable for notice, knowledge, or consent. (5) Law enforcement personnel who need to read a person’s identification document after an accident in which the person is unavailable for notice, knowledge, or consent. (6) Law enforcement personnel who need to read a person’s identification document pursuant to a search warrant. (d) Subdivision (a) shall not apply to a person or entity that unintentionally remotely reads a person’s identification document using RFID in the course of operating a contactless identification document system unless it knows it unintentionally read the document and thereafter intentionally does any of the following acts: (1) Discloses what it read to a third party whose purpose is to read a person’s identification document, or any information derived therefrom, without that person’s knowledge and consent. (2) Stores what it read for the purpose of reading a person’s identification document, or any information derived therefrom, without that person’s knowledge and prior consent. (3) Uses what it read for the purpose of reading a person’s identification document, or any information derived therefrom, without that person’s knowledge and prior consent. (e) Subdivisions (a) and (b) shall not apply to the reading, storage, use, or disclosure to a third party of a person’s identification document, or information derived therefrom, in the course of an act of good faith security research, experimentation, or scientific inquiry, including, but not limited to, activities useful in identifying and analyzing security flaws and vulnerabilities. (f) Nothing in this section shall affect the existing rights of law enforcement to access data stored electronically on driver’s licenses. (g) The penalties set forth in subdivisions (a) and (b) are independent of, and do not supersede, any other penalties provided by state law, and in the case of any conflict, the greater penalties shall apply. (Amended by Stats. 2009, Ch. 54, Sec. 5. (SB 544) Effective January 1, 2010.)
  47. 1798.79.8.

    ## 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 1.807. DOMESTIC VIOLENCE, SEXUAL ASSAULT, AND STALKING: PERSONAL INFORMATION [1798.79.8 - 1798.79.95] ( Title 1.807 added by Stats. 2006, Ch. 54, Sec. 1. )

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    This section defines key terms used in the title, including who counts as a “person or entity,” what information counts as “personally identifying information,” and what qualifies as a “victim 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 1.807. DOMESTIC VIOLENCE, SEXUAL ASSAULT, AND STALKING: PERSONAL INFORMATION [1798.79.8 - 1798.79.95] ( Title 1.807 added by Stats. 2006, Ch. 54, Sec. 1. ) ## 1798.79.8. For purposes of this title: (a) “Person or entity” means any individual, corporation, partnership, joint venture, or any business entity, or any state or local agency. (b) “Personally identifying information” means: (1) First and last name or last name only. (2) Home or other physical address, including, but not limited to, a street name or ZIP Code, other than an address obtained pursuant to the California Safe At Home program or a business mailing address for the victim service provider. (3) Electronic mail address or other online contact information, such as an instant messaging user identifier or a screen name that reveals an individual’s electronic mail address. (4) Telephone number, other than a business telephone number for the victim service provider. (5) Social security number. (6) Date of birth, with the exception of the year of birth. (7) Internet protocol address or host name that identifies an individual. (8) Any other information, including, but not limited to, the first and last names of children and relatives, racial or ethnic background, or religious affiliation, that, in combination with any other nonpersonally identifying information, would serve to identify any individual. (c) “Victim service provider” means a nongovernmental organization or entity that provides shelter, programs, or services at low cost, no cost, or on a sliding scale to victims of domestic violence, dating violence, sexual assault, or stalking, or their children, either directly or through other contractual arrangements, including rape crisis centers, domestic violence shelters, domestic violence transitional housing programs, and other programs with the primary mission to provide services to victims of domestic violence, dating violence, sexual assault, or stalking, or their children, whether or not that program exists in an agency that provides additional services. (Added by Stats. 2006, Ch. 54, Sec. 1. Effective January 1, 2007.)
  48. 1798.79.9.

    ## 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 1.807. DOMESTIC VIOLENCE, SEXUAL ASSAULT, AND STALKING: PERSONAL INFORMATION [1798.79.8 - 1798.79.95] ( Title 1.807 added by Stats. 2006, Ch. 54, Sec. 1. )

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    People or entities awarding certain grants or assistance may not require victim service providers to share personally identifying information or use software that would disclose 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 1.807. DOMESTIC VIOLENCE, SEXUAL ASSAULT, AND STALKING: PERSONAL INFORMATION [1798.79.8 - 1798.79.95] ( Title 1.807 added by Stats. 2006, Ch. 54, Sec. 1. ) ## 1798.79.9. (a) In the course of awarding grants, including, but not limited to, requests for proposals, contracts, or billing procedures, implementing programs, or providing financial support or assistance for the purpose of providing shelter, programs, or services at low cost, no cost, or on a sliding scale to victims of domestic violence, dating violence, sexual assault, or stalking, or their children, to any victim service provider, it is unlawful for any person or entity to request or require that victim service provider to provide personally identifying information regarding any of the persons to whom it is providing services, it has provided services, or it has considered or is considering providing services. (b) In the course of awarding grants, including, but not limited to, requests for proposals, contracts, or billing procedures, implementing programs, or providing financial support or assistance for the purpose of providing shelter, programs, or services at low cost, no cost, or on a sliding scale to victims of domestic violence, dating violence, sexual assault, or stalking, or their children, to any victim service provider, it is unlawful for any person or entity to request or require that victim service provider to use any computer software, computer program, computer protocol, or other computer system that requires the disclosure of personally identifying information regarding any of the persons to whom it is providing services, it has provided services, or it has considered or is considering providing services. (c) Nothing in this section is intended to prevent the collection of information for statistical purposes that are necessary for the proper administration of the grant, program, or financial assistance, provided that collection does not require the disclosure of information that would serve to identify any specific individual. (Added by Stats. 2006, Ch. 54, Sec. 1. Effective January 1, 2007.)
  49. 1798.79.95.

    ## 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 1.807. DOMESTIC VIOLENCE, SEXUAL ASSAULT, AND STALKING: PERSONAL INFORMATION [1798.79.8 - 1798.79.95] ( Title 1.807 added by Stats. 2006, Ch. 54, Sec. 1. )

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    Victim service providers aggrieved by a violation of this title may seek injunctive relief. A prevailing plaintiff may also recover court costs and reasonable attorney’s fees if notice was given and the defendant did not stop the violation within five business 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 1.807. DOMESTIC VIOLENCE, SEXUAL ASSAULT, AND STALKING: PERSONAL INFORMATION [1798.79.8 - 1798.79.95] ( Title 1.807 added by Stats. 2006, Ch. 54, Sec. 1. ) ## 1798.79.95. Injunctive relief shall be available to any victim service provider aggrieved by a violation of this title. The prevailing plaintiff in any action commenced under this section shall be entitled to recover court costs and reasonable attorney’s fees if the victim service provider has provided notice of this section and the asserted violation of this section to the defendant and the defendant has failed to cease the violation within five business days of receiving that notice. (Added by Stats. 2006, Ch. 54, Sec. 1. Effective January 1, 2007.)
  50. 1798.795.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.80. Identification Documents [1798.79 - 1798.795] ( Title 1.80 added by Stats. 2008, Ch. 746, Sec. 2. )

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    This section defines terms used in Title 1.80 on identification documents, including RFID-based systems, data, identification documents, key, reader, and remotely.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.80. Identification Documents [1798.79 - 1798.795] ( Title 1.80 added by Stats. 2008, Ch. 746, Sec. 2. ) ## 1798.795. For purposes of this title, the following definitions shall apply: (a) “Contactless identification document system” means a group of identification documents issued and operated under a single authority that use RFID to transmit data remotely to readers intended to read that data. In a contactless identification document system, every reader must be able to read every identification document in the system. (b) “Data” means any information stored or transmitted on an identification document in machine-readable form. (c) “Identification document” means any document containing data that is issued to an individual and which that individual, and only that individual, uses alone or in conjunction with any other information for the primary purpose of establishing his or her identity. Identification documents specifically include, but are not limited to, the following: (1) Driver’s licenses or identification cards issued pursuant to Section 13000 of the Vehicle Code. (2) Identification cards for employees or contractors. (3) Identification cards issued by educational institutions. (4) Health insurance or benefit cards. (5) Benefit cards issued in conjunction with any government-supported aid program. (6) Licenses, certificates, registration, or other means to engage in a business or profession regulated by the Business and Professions Code. (7) Library cards issued by any public library. (d) “Key” means a string of bits of information used as part of a cryptographic algorithm used in encryption. (e) “Radio frequency identification” or “RFID” means the use of electromagnetic radiating waves or reactive field coupling in the radio frequency portion of the spectrum to communicate to or from an identification document through a variety of modulation and encoding schemes. (f) “Reader” means a scanning device that is capable of using RFID to communicate with an identification document and read the data transmitted by that identification document. (g) “Remotely” means that no physical contact between the identification document and a reader is necessary in order to transmit data using RFID. (Added by Stats. 2008, Ch. 746, Sec. 2. Effective January 1, 2009.)
  51. 1798.80.

    ## 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. CUSTOMER RECORDS [1798.80 - 1798.84.1] ( Title 1.81 added by Stats. 2000, Ch. 1039, Sec. 1. )

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    This section defines key terms used in the customer records title, including business, records, customer, individual, and personal information.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 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. CUSTOMER RECORDS [1798.80 - 1798.84.1] ( Title 1.81 added by Stats. 2000, Ch. 1039, Sec. 1. ) ## 1798.80. The following definitions apply to this title: (a) “Business” means a sole proprietorship, partnership, corporation, association, or other group, however organized and whether or not organized to operate at a profit, including a financial institution organized, chartered, or holding a license or authorization certificate under the law of this state, any other state, the United States, or of any other country, or the parent or the subsidiary of a financial institution. The term includes an entity that disposes of records. (b) “Records” means any material, regardless of the physical form, on which information is recorded or preserved by any means, including in written or spoken words, graphically depicted, printed, or electromagnetically transmitted. “Records” does not include publicly available directories containing information an individual has voluntarily consented to have publicly disseminated or listed, such as name, address, or telephone number. (c) “Customer” means an individual who provides personal information to a business for the purpose of purchasing or leasing a product or obtaining a service from the business. (d) “Individual” means a natural person. (e) “Personal information” means any information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, his or her name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. “Personal information” does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records. (Amended by Stats. 2009, Ch. 134, Sec. 1. (AB 1094) Effective January 1, 2010.)
  52. 1798.81.

    ## 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 1.81. CUSTOMER RECORDS [1798.80 - 1798.84.1] ( Title 1.81 added by Stats. 2000, Ch. 1039, Sec. 1. )

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    A business must reasonably dispose of customer records containing personal information when it no longer plans to keep them, and must do so by shredding, erasing, or otherwise making the information unreadable.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 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. CUSTOMER RECORDS [1798.80 - 1798.84.1] ( Title 1.81 added by Stats. 2000, Ch. 1039, Sec. 1. ) ## 1798.81. A business shall take all reasonable steps to dispose, or arrange for the disposal, of customer records within its custody or control containing personal information when the records are no longer to be retained by the business by (a) shredding, (b) erasing, or (c) otherwise modifying the personal information in those records to make it unreadable or undecipherable through any means. (Amended by Stats. 2009, Ch. 134, Sec. 2. (AB 1094) Effective January 1, 2010.)
  53. 1798.81.5.

    ## 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 1.81. CUSTOMER RECORDS [1798.80 - 1798.84.1] ( Title 1.81 added by Stats. 2000, Ch. 1039, Sec. 1. )

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    Businesses that handle Californians’ personal information must use reasonable security practices, and if they disclose it to certain third parties by contract, they must require the third party to do the same.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 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. CUSTOMER RECORDS [1798.80 - 1798.84.1] ( Title 1.81 added by Stats. 2000, Ch. 1039, Sec. 1. ) ## 1798.81.5. (a) (1) It is the intent of the Legislature to ensure that personal information about California residents is protected. To that end, the purpose of this section is to encourage businesses that own, license, or maintain personal information about Californians to provide reasonable security for that information. (2) For the purpose of this section, the terms “own” and “license” include personal information that a business retains as part of the business’ internal customer account or for the purpose of using that information in transactions with the person to whom the information relates. The term “maintain” includes personal information that a business maintains but does not own or license. (b) A business that owns, licenses, or maintains personal information about a California resident shall implement and maintain reasonable security procedures and practices appropriate to the nature of the information, to protect the personal information from unauthorized access, destruction, use, modification, or disclosure. (c) A business that discloses personal information about a California resident pursuant to a contract with a nonaffiliated third party that is not subject to subdivision (b) shall require by contract that the third party implement and maintain reasonable security procedures and practices appropriate to the nature of the information, to protect the personal information from unauthorized access, destruction, use, modification, or disclosure. (d) For purposes of this section, the following terms have the following meanings: (1) “Personal information” means either of the following: (A) An individual’s first name or first initial and the individual’s 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 or redacted: (i) Social security number. (ii) 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. (iii) 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. (iv) Medical information. (v) Health insurance information. (vi) 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. (vii) Genetic data. (B) A username or email address in combination with a password or security question and answer that would permit access to an online account. (2) “Medical information” means any individually identifiable information, in electronic or physical form, regarding the individual’s medical history or medical treatment or diagnosis by a health care professional. (3) “Health insurance information” means an individual’s 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) “Personal information” does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records. (5) “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. (e) The provisions of this section do not apply to any of the following: (1) A provider of health care, health care service plan, or contractor regulated by the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1). (2) A financial institution as defined in Section 4052 of the Financial Code and subject to the California Financial Information Privacy Act (Division 1.4 (commencing with Section 4050) of the Financial Code). (3) A covered entity governed by the medical privacy and security rules issued by the federal 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 Availability Act of 1996 (HIPAA). (4) An entity that obtains information under an agreement pursuant to Article 3 (commencing with Section 1800) of Chapter 1 of Division 2 of the Vehicle Code and is subject to the confidentiality requirements of the Vehicle Code. (5) A business that is regulated by state or federal law providing greater protection to personal information than that provided by this section in regard to the subjects addressed by this section. Compliance with that state or federal law shall be deemed compliance with this section with regard to those subjects. This paragraph does not relieve a business from a duty to comply with any other requirements of other state and federal law regarding the protection and privacy of personal information. (Amended by Stats. 2021, Ch. 527, Sec. 2. (AB 825) Effective January 1, 2022.)
  54. 1798.81.6.

    ## 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 1.81. CUSTOMER RECORDS [1798.80 - 1798.84.1] ( Title 1.81 added by Stats. 2000, Ch. 1039, Sec. 1. )

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    A consumer credit reporting agency that has a significant security vulnerability affecting personal information must act quickly to test, plan, and complete any needed software update, use compensating controls meanwhile, and require third-party security measures by contract.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 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. CUSTOMER RECORDS [1798.80 - 1798.84.1] ( Title 1.81 added by Stats. 2000, Ch. 1039, Sec. 1. ) ## 1798.81.6. (a) A consumer credit reporting agency, as defined in 15 U.S.C. Sec. 1681a(p), that owns, licenses, or maintains personal information about a California resident, or a third party that maintains personal information about a California resident on behalf of a consumer credit reporting agency, that knows, or reasonably should know, that a computer system it owns, operates, or maintains, and for which it controls the security protocols, is subject to a security vulnerability that poses a significant risk, as defined in subdivision (c), to the security of computerized data that contains personal information, as defined in subdivision (h) of Section 1798.82, shall do all of the following: (1) If a consumer credit reporting agency knows or reasonably should know that a software update is available to address the vulnerability as described in subdivision (a), the agency shall begin the necessary testing, planning, and assessment of its systems for implementation of that software update in the most expedient time possible and without unreasonable delay, in keeping with industry best practices, but in any case no later than three business days after becoming aware, or after the point at which it reasonably should have become aware, of the vulnerability and the available software update. The software update shall be completed in the most expedient time possible and without unreasonable delay, in keeping with industry best practices, but in any case no later than 90 days after becoming aware, or after the point at which it reasonably should have become aware, of the vulnerability and the available software update. (2) Until the software update described in paragraph (1) is complete, the consumer credit reporting agency shall, in keeping with industry best practices, employ reasonable compensating controls to reduce the risk of a breach caused by computer system vulnerability as described in subdivision (a). (b) Notwithstanding whether a software update is available, the consumer credit reporting agency, in keeping with industry best practices, shall do all of the following: (1) Identify, prioritize, and address the highest risk security vulnerabilities most quickly in order to reduce the likelihood that the vulnerabilities that pose the greatest security risk will be exploited. (2) Test and evaluate the impact of compensating controls and software updates and how they affect the vulnerability of the system to threats to the security of computerized data. (3) Require, by contract, that the third party implement and maintain appropriate security measures for personal information. Contracting with a third party to maintain personal information about California residents shall not relieve the consumer credit agency of the requirements of this section. (c) As used in this section, “significant risk” means a vulnerability score, calculated using a standard measurement system that is accepted as a best practice for the industry, to determine that the risk could reasonably result in a breach of the security of the system, as defined in subdivision (g) of Section 1798.82, of personal information, as defined in subdivision (h) of Section 1798.82. (d) As used in this section, “compensating controls” means controls that the agency reasonably believes will prevent the computer system vulnerability as described in subdivision (a) from being exploited while the software update is being tested, assessed, and a plan for implementation is being developed, and have been adequately tested and confirmed to sufficiently offset the risk of breach caused by computer system vulnerability as described in subdivision (a). (e) Nothing in this section shall reduce the responsibilities and obligations of a consumer credit reporting agency or third party under this title, including, but not limited to, Section 1798.81.5. (f) The Attorney General has exclusive authority to enforce this section. (Added by Stats. 2018, Ch. 532, Sec. 1. (AB 1859) Effective January 1, 2019.)
  55. 1798.82.

    ## 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 1.81. CUSTOMER RECORDS [1798.80 - 1798.84.1] ( Title 1.81 added by Stats. 2000, Ch. 1039, Sec. 1. )

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    California businesses covered by this section must notify affected people and, in some cases, the Attorney General after a data breach.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 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. CUSTOMER RECORDS [1798.80 - 1798.84.1] ( Title 1.81 added by Stats. 2000, Ch. 1039, Sec. 1. ) ## 1798.82. (a) (1) An individual or business that conducts business in California, and that owns or licenses computerized data that includes personal information, shall disclose a breach of the security of the system following discovery or notification of the breach in the security of the data to a resident of California whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person, or 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 person or business 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. (2) (A) Subject to subparagraph (B), the disclosure required by this subdivision shall be made within 30 calendar days of discovery or notification of the data breach. (B) An individual or business may delay the disclosure required by this subdivision to accommodate the legitimate needs of law enforcement, pursuant to subdivision (c), or as necessary to determine the scope of the breach and restore the reasonable integrity of the data system. (b) An individual or business that maintains computerized data that includes personal information that the individual or business does not own shall notify the owner or licensee of the information of the 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 promptly after the law enforcement agency determines that it will not compromise the investigation. (d) An individual or business 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 (j), 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 (j), 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 individual or business 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 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. (G) If the individual or business providing the notification was the source of the breach, an offer to provide appropriate identity theft prevention and mitigation services, if any, shall be provided at no cost to the affected individual for not less than 12 months along with all information necessary to take advantage of the offer to any individual whose information was or may have been breached if the breach exposed or may have exposed personal information defined in subparagraphs (A) and (B) of paragraph (1) of subdivision (h). (3) At the discretion of the individual or business, the security breach notification may also include any of the following: (A) Information about what the individual or business 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. (C) In breaches involving biometric data, instructions on how to notify other entities that used the same type of biometric data as an authenticator to no longer rely on data for authentication purposes. (e) A covered entity under the federal Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Sec. 1320d et seq.) will be deemed to have complied with the notice requirements in subdivision (d) if it has complied completely with Section 13402(f) of the federal Health Information Technology for Economic and Clinical Health Act (Public Law 111-5). However, nothing in this subdivision shall be construed to exempt a covered entity from any other provision of this section. (f) An individual or business 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 within 15 calendar days of notifying affected consumers of the security breach. 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. (g) 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 individual or business. Good faith acquisition of personal information by an employee or agent of the individual or business for the purposes of the individual or business is not a breach of the security of the system, provided that the personal information is not used or subject to further unauthorized disclosure. (h) 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. (i) (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) “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. (j) 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 individual or business 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 individual or business does not have sufficient contact information. Substitute notice shall consist of all of the following: (A) Email notice when the individual or business has an email address for the subject persons. (B) Conspicuous posting, for a minimum of 30 days, of the notice on the internet website page of the individual or business, if the individual or business maintains one. For purposes of this subparagraph, conspicuous posting on the individual’s or business’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. (4) In the case of a breach of the security of the system involving personal information defined in paragraph (2) of subdivision (h) for an online account, and no other personal information defined in paragraph (1) of subdivision (h), the individual or business may comply with this section by providing the security breach notification in electronic or other form that directs the individual whose personal information has been breached promptly to change the individual’s password and security question or answer, as applicable, or to take other steps appropriate to protect the online account with the individual or business and all other online accounts for which the individual whose personal information has been breached 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 (h) for login credentials of an email account furnished by the individual or business, the individual or business 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 individual or business knows the resident customarily accesses the account. (k) For purposes of this section, “encryption key” and “security credential” mean the confidential key or process designed to render data usable, readable, and decipherable. (l) Notwithstanding subdivision (j), an individual or business 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 the individual or business notifies subject individuals in accordance with its policies in the event of a breach of security of the system. (Amended by Stats. 2025, Ch. 319, Sec. 1. (SB 446) Effective January 1, 2026.)
  56. 1798.83.

    ## 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 1.81. CUSTOMER RECORDS [1798.80 - 1798.84.1] ( Title 1.81 added by Stats. 2000, Ch. 1039, Sec. 1. )

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    Certain businesses must give customers specified information about direct-marketing disclosures of personal information, free of charge, 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 1.81. CUSTOMER RECORDS [1798.80 - 1798.84.1] ( Title 1.81 added by Stats. 2000, Ch. 1039, Sec. 1. ) ## 1798.83. (a) Except as otherwise provided in subdivision (d), if a business has an established business relationship with a customer and has within the immediately preceding calendar year disclosed personal information that corresponds to any of the categories of personal information set forth in paragraph (6) of subdivision (e) to third parties, and if the business knows or reasonably should know that the third parties used the personal information for the third parties’ direct marketing purposes, that business shall, after the receipt of a written or electronic mail request, or, if the business chooses to receive requests by toll-free telephone or facsimile numbers, a telephone or facsimile request from the customer, provide all of the following information to the customer free of charge: (1) In writing or by electronic mail, a list of the categories set forth in paragraph (6) of subdivision (e) that correspond to the personal information disclosed by the business to third parties for the third parties’ direct marketing purposes during the immediately preceding calendar year. (2) In writing or by electronic mail, the names and addresses of all of the third parties that received personal information from the business for the third parties’ direct marketing purposes during the preceding calendar year and, if the nature of the third parties’ business cannot reasonably be determined from the third parties’ name, examples of the products or services marketed, if known to the business, sufficient to give the customer a reasonable indication of the nature of the third parties’ business. (b) (1) A business required to comply with this section shall designate a mailing address, electronic mail address, or, if the business chooses to receive requests by telephone or facsimile, a toll-free telephone or facsimile number, to which customers may deliver requests pursuant to subdivision (a). A business required to comply with this section shall, at its election, do at least one of the following: (A) Notify all agents and managers who directly supervise employees who regularly have contact with customers of the designated addresses or numbers or the means to obtain those addresses or numbers and instruct those employees that customers who inquire about the business’s privacy practices or the business’s compliance with this section shall be informed of the designated addresses or numbers or the means to obtain the addresses or numbers. (B) Add to the home page of its Web site a link either to a page titled “Your Privacy Rights” or add the words “Your Privacy Rights” to the home page’s link to the business’s privacy policy. If the business elects to add the words “Your Privacy Rights” to the link to the business’s privacy policy, the words “Your Privacy Rights” shall be in the same style and size as the link to the business’s privacy policy. If the business does not display a link to its privacy policy on the home page of its Web site, or does not have a privacy policy, the words “Your Privacy Rights” shall be written 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 language. The first page of the link shall describe a customer’s rights pursuant to this section and shall provide the designated mailing address, e-mail address, as required, or toll-free telephone number or facsimile number, as appropriate. If the business elects to add the words “Your California Privacy Rights” to the home page’s link to the business’s privacy policy in a manner that complies with this subdivision, and the first page of the link describes a customer’s rights pursuant to this section, and provides the designated mailing address, electronic mailing address, as required, or toll-free telephone or facsimile number, as appropriate, the business need not respond to requests that are not received at one of the designated addresses or numbers. (C) Make the designated addresses or numbers, or means to obtain the designated addresses or numbers, readily available upon request of a customer at every place of business in California where the business or its agents regularly have contact with customers. The response to a request pursuant to this section received at one of the designated addresses or numbers shall be provided within 30 days. Requests received by the business at other than one of the designated addresses or numbers shall be provided within a reasonable period, in light of the circumstances related to how the request was received, but not to exceed 150 days from the date received. (2) A business that is required to comply with this section and Section 6803 of Title 15 of the United States Code may comply with this section by providing the customer the disclosure required by Section 6803 of Title 15 of the United States Code, but only if the disclosure also complies with this section. (3) A business that is required to comply with this section is not obligated to provide information associated with specific individuals and may provide the information required by this section in standardized format. (c) (1) A business that is required to comply with this section is not obligated to do so in response to a request from a customer more than once during the course of any calendar year. A business with fewer than 20 full-time or part-time employees is exempt from the requirements of this section. (2) If a business that is required to comply with this section adopts and discloses to the public, in its privacy policy, a policy of not disclosing personal information of customers to third parties for the third parties’ direct marketing purposes unless the customer first affirmatively agrees to that disclosure, or of not disclosing the personal information of customers to third parties for the third parties’ direct marketing purposes if the customer has exercised an option that prevents that information from being disclosed to third parties for those purposes, as long as the business maintains and discloses the policies, the business may comply with subdivision (a) by notifying the customer of his or her right to prevent disclosure of personal information, and providing the customer with a cost-free means to exercise that right. (d) The following are among the disclosures not deemed to be disclosures of personal information by a business for a third party’s direct marketing purposes for purposes of this section: (1) Disclosures between a business and a third party pursuant to contracts or arrangements pertaining to any of the following: (A) The processing, storage, management, or organization of personal information, or the performance of services on behalf of the business during which personal information is disclosed, if the third party that processes, stores, manages, or organizes the personal information does not use the information for a third party’s direct marketing purposes and does not disclose the information to additional third parties for their direct marketing purposes. (B) Marketing products or services to customers with whom the business has an established business relationship where, as a part of the marketing, the business does not disclose personal information to third parties for the third parties’ direct marketing purposes. (C) Maintaining or servicing accounts, including credit accounts and disclosures pertaining to the denial of applications for credit or the status of applications for credit and processing bills or insurance claims for payment. (D) Public record information relating to the right, title, or interest in real property or information relating to property characteristics, as defined in Section 408.3 of the Revenue and Taxation Code, obtained from a governmental agency or entity or from a multiple listing service, as defined in Section 1087, and not provided directly by the customer to a business in the course of an established business relationship. (E) Jointly offering a product or service pursuant to a written agreement with the third party that receives the personal information, provided that all of the following requirements are met: (i) The product or service offered is a product or service of, and is provided by, at least one of the businesses that is a party to the written agreement. (ii) The product or service is jointly offered, endorsed, or sponsored by, and clearly and conspicuously identifies for the customer, the businesses that disclose and receive the disclosed personal information. (iii) The written agreement provides that the third party that receives the personal information is required to maintain the confidentiality of the information and is prohibited from disclosing or using the information other than to carry out the joint offering or servicing of a product or service that is the subject of the written agreement. (2) Disclosures to or from a consumer reporting agency of a customer’s payment history or other information pertaining to transactions or experiences between the business and a customer if that information is to be reported in, or used to generate, a consumer report as defined in subdivision (d) of Section 1681a of Title 15 of the United States Code, and use of that information is limited by the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et seq.). (3) Disclosures of personal information by a business to a third party financial institution solely for the purpose of the business obtaining payment for a transaction in which the customer paid the business for goods or services with a check, credit card, charge card, or debit card, if the customer seeks the information required by subdivision (a) from the business obtaining payment, whether or not the business obtaining payment knows or reasonably should know that the third party financial institution has used the personal information for its direct marketing purposes. (4) Disclosures of personal information between a licensed agent and its principal, if the personal information disclosed is necessary to complete, effectuate, administer, or enforce transactions between the principal and the agent, whether or not the licensed agent or principal also uses the personal information for direct marketing purposes, if that personal information is used by each of them solely to market products and services directly to customers with whom both have established business relationships as a result of the principal and agent relationship. (5) Disclosures of personal information between a financial institution and a business that has a private label credit card, affinity card, retail installment contract, or cobranded card program with the financial institution, if the personal information disclosed is necessary for the financial institution to maintain or service accounts on behalf of the business with which it has a private label credit card, affinity card, retail installment contract, or cobranded card program, or to complete, effectuate, administer, or enforce customer transactions or transactions between the institution and the business, whether or not the institution or the business also uses the personal information for direct marketing purposes, if that personal information is used solely to market products and services directly to customers with whom both the business and the financial institution have established business relationships as a result of the private label credit card, affinity card, retail installment contract, or cobranded card program. (e) For purposes of this section, the following terms have the following meanings: (1) “Customer” means an individual who is a resident of California who provides personal information to a business during the creation of, or throughout the duration of, an established business relationship if the business relationship is primarily for personal, family, or household purposes. (2) “Direct marketing purposes” means the use of personal information to solicit or induce a purchase, rental, lease, or exchange of products, goods, property, or services directly to individuals by means of the mail, telephone, or electronic mail for their personal, family, or household purposes. The sale, rental, exchange, or lease of personal information for consideration to businesses is a direct marketing purpose of the business that sells, rents, exchanges, or obtains consideration for the personal information. “Direct marketing purposes” does not include the use of personal information (A) by bona fide tax exempt charitable or religious organizations to solicit charitable contributions, (B) to raise funds from and communicate with individuals regarding politics and government, (C) by a third party when the third party receives personal information solely as a consequence of having obtained for consideration permanent ownership of accounts that might contain personal information, or (D) by a third party when the third party receives personal information solely as a consequence of a single transaction where, as a part of the transaction, personal information had to be disclosed in order to effectuate the transaction. (3) “Disclose” means to disclose, release, transfer, disseminate, or otherwise communicate orally, in writing, or by electronic or any other means to any third party. (4) “Employees who regularly have contact with customers” means employees whose contact with customers is not incidental to their primary employment duties, and whose duties do not predominantly involve ensuring the safety or health of the business’s customers. It includes, but is not limited to, employees whose primary employment duties are as cashier, clerk, customer service, sales, or promotion. It does not, by way of example, include employees whose primary employment duties consist of food or beverage preparation or service, maintenance and repair of the business’s facilities or equipment, direct involvement in the operation of a motor vehicle, aircraft, watercraft, amusement ride, heavy machinery or similar equipment, security, or participation in a theatrical, literary, musical, artistic, or athletic performance or contest. (5) “Established business relationship” means a relationship formed by a voluntary, two-way communication between a business and a customer, with or without an exchange of consideration, for the purpose of purchasing, renting, or leasing real or personal property, or any interest therein, or obtaining a product or service from the business, if the relationship is ongoing and has not been expressly terminated by the business or the customer, or if the relationship is not ongoing, but is solely established by the purchase, rental, or lease of real or personal property from a business, or the purchase of a product or service, and no more than 18 months have elapsed from the date of the purchase, rental, or lease. (6) (A) The categories of personal information required to be disclosed pursuant to paragraph (1) of subdivision (a) are all of the following: (i) Name and address. (ii) Electronic mail address. (iii) Age or date of birth. (iv) Names of children. (v) Electronic mail or other addresses of children. (vi) Number of children. (vii) The age or gender of children. (viii) Height. (ix) Weight. (x) Race. (xi) Religion. (xii) Occupation. (xiii) Telephone number. (xiv) Education. (xv) Political party affiliation. (xvi) Medical condition. (xvii) Drugs, therapies, or medical products or equipment used. (xviii) The kind of product the customer purchased, leased, or rented. (xix) Real property purchased, leased, or rented. (xx) The kind of service provided. (xxi) Social security number. (xxii) Bank account number. (xxiii) Credit card number. (xxiv) Debit card number. (xxv) Bank or investment account, debit card, or credit card balance. (xxvi) Payment history. (xxvii) Information pertaining to the customer’s creditworthiness, assets, income, or liabilities. (B) If a list, description, or grouping of customer names or addresses is derived using any of these categories, and is disclosed to a third party for direct marketing purposes in a manner that permits the third party to identify, determine, or extrapolate any other personal information from which the list was derived, and that personal information when it was disclosed identified, described, or was associated with an individual, the categories set forth in this subdivision that correspond to the personal information used to derive the list, description, or grouping shall be considered personal information for purposes of this section. (7) “Personal information” as used in this section means any information that when it was disclosed identified, described, or was able to be associated with an individual and includes all of the following: (A) An individual’s name and address. (B) Electronic mail address. (C) Age or date of birth. (D) Names of children. (E) Electronic mail or other addresses of children. (F) Number of children. (G) The age or gender of children. (H) Height. (I) Weight. (J) Race. (K) Religion. (L) Occupation. (M) Telephone number. (N) Education. (O) Political party affiliation. (P) Medical condition. (Q) Drugs, therapies, or medical products or equipment used. (R) The kind of product the customer purchased, leased, or rented. (S) Real property purchased, leased, or rented. (T) The kind of service provided. (U) Social security number. (V) Bank account number. (W) Credit card number. (X) Debit card number. (Y) Bank or investment account, debit card, or credit card balance. (Z) Payment history. (AA) Information pertaining to creditworthiness, assets, income, or liabilities. (8) “Third party” or “third parties” means one or more of the following: (A) A business that is a separate legal entity from the business that has an established business relationship with a customer. (B) A business that has access to a database that is shared among businesses, if the business is authorized to use the database for direct marketing purposes, unless the use of the database is exempt from being considered a disclosure for direct marketing purposes pursuant to subdivision (d). (C) A business not affiliated by a common ownership or common corporate control with the business required to comply with subdivision (a). (f) (1) Disclosures of personal information for direct marketing purposes between affiliated third parties that share the same brand name are exempt from the requirements of paragraph (1) of subdivision (a) unless the personal information disclosed corresponds to one of the following categories, in which case the customer shall be informed of those categories listed in this subdivision that correspond to the categories of personal information disclosed for direct marketing purposes and the third party recipients of personal information disclosed for direct marketing purposes pursuant to paragraph (2) of subdivision (a): (A) Number of children. (B) The age or gender of children. (C) Electronic mail or other addresses of children. (D) Height. (E) Weight. (F) Race. (G) Religion. (H) Telephone number. (I) Medical condition. (J) Drugs, therapies, or medical products or equipment used. (K) Social security number. (L) Bank account number. (M) Credit card number. (N) Debit card number. (O) Bank or investment account, debit card, or credit card balance. (2) If a list, description, or grouping of customer names or addresses is derived using any of these categories, and is disclosed to a third party or third parties sharing the same brand name for direct marketing purposes in a manner that permits the third party to identify, determine, or extrapolate the personal information from which the list was derived, and that personal information when it was disclosed identified, described, or was associated with an individual, any other personal information that corresponds to the categories set forth in this subdivision used to derive the list, description, or grouping shall be considered personal information for purposes of this section. (3) If a business discloses personal information for direct marketing purposes to affiliated third parties that share the same brand name, the business that discloses personal information for direct marketing purposes between affiliated third parties that share the same brand name may comply with the requirements of paragraph (2) of subdivision (a) by providing the overall number of affiliated companies that share the same brand name. (g) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (h) This section does not apply to a financial institution that is subject to the California Financial Information Privacy Act (Division 1.2 (commencing with Section 4050) of the Financial Code) if the financial institution is in compliance with Sections 4052, 4052.5, 4053, 4053.5, and 4054.6 of the Financial Code, as those sections read when they were chaptered on August 28, 2003, and as subsequently amended by the Legislature or by initiative. (i) This section shall become operative on January 1, 2005. (Amended by Stats. 2005, Ch. 22, Sec. 16. Effective January 1, 2006.)
  57. 1798.83.5.

    ## 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 1.81. CUSTOMER RECORDS [1798.80 - 1798.84.1] ( Title 1.81 added by Stats. 2000, Ch. 1039, Sec. 1. )

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    A commercial online entertainment employment service provider must not publish or share a subscriber’s age or date-of-birth information on request, and must remove it from public view within five days after a specific request naming the sites.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 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. CUSTOMER RECORDS [1798.80 - 1798.84.1] ( Title 1.81 added by Stats. 2000, Ch. 1039, Sec. 1. ) ## 1798.83.5. (a) The purpose of this section is to ensure that information obtained on an Internet Web site regarding an individual’s age will not be used in furtherance of employment or age discrimination. (b) A commercial online entertainment employment service provider that enters into a contractual agreement to provide employment services to an individual for a subscription payment shall not, upon request by the subscriber, do either of the following: (1) Publish or make public the subscriber’s date of birth or age information in an online profile of the subscriber. (2) Share the subscriber’s date of birth or age information with any Internet Web sites for the purpose of publication. (c) A commercial online entertainment employment service provider subject to subdivision (b) shall, within five days, remove from public view in an online profile of the subscriber the subscriber’s date of birth and age information on any companion Internet Web sites under its control upon specific request by the subscriber naming the Internet Web sites. A commercial online entertainment employment service provider that permits members of the public to upload or modify Internet content on its own Internet Web site or any Internet Web site under its control without prior review by that provider shall not be deemed in violation of this section unless first requested by the subscriber to remove age information. (d) For purposes of this section, the following definitions apply: (1) “Commercial online entertainment employment service provider” means a person or business that owns, licenses, or otherwise possesses computerized information, including, but not limited to, age and date of birth information, about individuals employed in the entertainment industry, including television, films, and video games, and that makes the information available to the public or potential employers. (2) “Payment” means a fee in exchange for advertisements, or any other form of compensation or benefit. (3) “Provide employment services” means post resumes, photographs, or other information about a subscriber when one of the purposes is to provide individually identifiable information about the subscriber to a prospective employer. (4) “Subscriber” means a natural person who enters into a contractual agreement with a commercial online entertainment employment service provider to receive employment services in return for a subscription payment. (Added by Stats. 2016, Ch. 555, Sec. 1. (AB 1687) Effective January 1, 2017.)
  58. 1798.84.

    ## 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 1.81. CUSTOMER RECORDS [1798.80 - 1798.84.1] ( Title 1.81 added by Stats. 2000, Ch. 1039, Sec. 1. )

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    Waivers of this title are void, customers injured by a violation may sue for damages, and customers may recover specified civil penalties for Section 1798.83 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 1.81. CUSTOMER RECORDS [1798.80 - 1798.84.1] ( Title 1.81 added by Stats. 2000, Ch. 1039, Sec. 1. ) ## 1798.84. (a) Any waiver of a provision of this title is contrary to public policy and is void and unenforceable. (b) Any customer injured by a violation of this title may institute a civil action to recover damages. (c) In addition, for a willful, intentional, or reckless violation of Section 1798.83, a customer may recover a civil penalty not to exceed three thousand dollars ($3,000) per violation; otherwise, the customer may recover a civil penalty of up to five hundred dollars ($500) per violation for a violation of Section 1798.83. (d) Unless the violation is willful, intentional, or reckless, a business that is alleged to have not provided all the information required by subdivision (a) of Section 1798.83, to have provided inaccurate information, failed to provide any of the information required by subdivision (a) of Section 1798.83, or failed to provide information in the time period required by subdivision (b) of Section 1798.83, may assert as a complete defense in any action in law or equity that it thereafter provided regarding the information that was alleged to be untimely, all the information, or accurate information, to all customers who were provided incomplete or inaccurate information, respectively, within 90 days of the date the business knew that it had failed to provide the information, timely information, all the information, or the accurate information, respectively. (e) Any business that violates, proposes to violate, or has violated this title may be enjoined. (f) (1) A cause of action shall not lie against a business for disposing of abandoned records containing personal information by shredding, erasing, or otherwise modifying the personal information in the records to make it unreadable or undecipherable through any means. (2) The Legislature finds and declares that when records containing personal information are abandoned by a business, they often end up in the possession of a storage company or commercial landlord. It is the intent of the Legislature in paragraph (1) to create a safe harbor for such a record custodian who properly disposes of the records in accordance with paragraph (1). (g) A prevailing plaintiff in any action commenced under Section 1798.83 shall also be entitled to recover his or her reasonable attorney’s fees and costs. (h) The rights and remedies available under this section are cumulative to each other and to any other rights and remedies available under law. (Amended by Stats. 2009, Ch. 134, Sec. 3. (AB 1094) Effective January 1, 2010.)
  59. 1798.84.1.

    ## 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 1.81. CUSTOMER RECORDS [1798.80 - 1798.84.1] ( Title 1.81 added by Stats. 2000, Ch. 1039, Sec. 1. )

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    It forbids any person, business, or association from selling, trading, or soliciting an elected or appointed official’s home address or telephone number on the internet when done with intent to cause imminent great bodily harm.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 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. CUSTOMER RECORDS [1798.80 - 1798.84.1] ( Title 1.81 added by Stats. 2000, Ch. 1039, Sec. 1. ) ## 1798.84.1. (a) No person, business, or association shall solicit, sell, or trade on the internet the home address or telephone number of an elected or appointed official with the intent to cause imminent great bodily harm to the official or to any person residing at the official’s home address. (b) Notwithstanding any other law, an official whose home address or telephone number is solicited, sold, or traded in violation of subdivision (a) may bring an action in any court of competent jurisdiction. (c) If a jury or court finds that a violation has occurred, it shall award damages to that official in an amount up to a maximum of three times the actual damages but in no case less than four thousand dollars ($4,000). (d) “Elected or appointed official” has the same meaning as that term is defined in Section 7920.500 of the Government Code. (Added by Stats. 2025, Ch. 200, Sec. 4. (AB 1521) Effective January 1, 2026.)
  60. 1798.85.

    ## 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 1.81.1. CONFIDENTIALITY OF SOCIAL SECURITY NUMBERS [1798.85 - 1798.89] ( Title 1.81.1 added by Stats. 2001, Ch. 720, Sec. 7. )

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    This section generally prohibits a person or entity from exposing, printing, requiring, selling, or embedding an individual’s Social Security number, 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 1.81.1. CONFIDENTIALITY OF SOCIAL SECURITY NUMBERS [1798.85 - 1798.89] ( Title 1.81.1 added by Stats. 2001, Ch. 720, Sec. 7. ) ## 1798.85. (a) Except as provided in this section, a person or entity may not do any of the following: (1) Publicly post or publicly display in any manner an individual’s social security number. “Publicly post” or “publicly display” means to intentionally communicate or otherwise make available to the general public. (2) Print an individual’s social security number on any card required for the individual to access products or services provided by the person or entity. (3) Require an individual to transmit the individual’s social security number over the internet, unless the connection is secure or the social security number is encrypted. (4) Require an individual to use the individual’s social security number to access an internet website, unless a password or unique personal identification number or other authentication device is also required to access the internet website. (5) Print an individual’s social security number on any materials that are mailed to the individual, unless state or federal law requires the social security number to be on the document to be mailed. Notwithstanding this paragraph, social security numbers may be included in applications and forms sent by mail, including documents sent as part of an application or enrollment process, or to establish, amend, or terminate an account, contract, or policy, or to confirm the accuracy of the social security number. A social security number that is permitted to be mailed under this section may not be printed, in whole or in part, on a postcard or other mailer not requiring an envelope, or visible on the envelope or without the envelope having been opened. (6) Sell, advertise for sale, or offer to sell an individual’s social security number. For purposes of this paragraph, the following apply: (A) “Sell” shall not include the release of an individual’s social security number if the release of the social security number is incidental to a larger transaction and is necessary to identify the individual in order to accomplish a legitimate business purpose. Release of an individual’s social security number for marketing purposes is not permitted. (B) “Sell” shall not include the release of an individual’s social security number for a purpose specifically authorized or specifically allowed by federal or state law. (b) This section does not prevent the collection, use, or release of a social security number as required by state or federal law or the use of a social security number for internal verification or administrative purposes. (c) This section does not prevent an adult state correctional facility, an adult city jail, or an adult county jail from releasing an inmate’s social security number, with the inmate’s consent and upon request by the county veterans service officer or the United States Department of Veterans Affairs, for the purposes of determining the inmate’s status as a military veteran and the inmate’s eligibility for federal, state, or local veterans’ benefits or services. (d) This section does not apply to documents that are recorded or required to be open to the public pursuant to Chapter 14 (commencing with Section 7150) or Chapter 14.5 (commencing with Section 7220) of Division 7 of Title 1 of, Division 10 (commencing with Section 7920.000) of Title 1 of, Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of, or Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of, the Government Code. This section does not apply to records that are required by statute, case law, or California Rules of Court, to be made available to the public by entities provided for in Article VI of the California Constitution. (e) (1) In the case of a health care service plan, a provider of health care, an insurer or a pharmacy benefits manager, a contractor as defined in Section 56.05, or the provision by any person or entity of administrative or other services relative to health care or insurance products or services, including third-party administration or administrative services only, this section shall become operative in the following manner: (A) On or before January 1, 2003, the entities listed in paragraph (1) shall comply with paragraphs (1), (3), (4), and (5) of subdivision (a) as these requirements pertain to individual policyholders or individual contractholders. (B) On or before January 1, 2004, the entities listed in paragraph (1) shall comply with paragraphs (1) to (5), inclusive, of subdivision (a) as these requirements pertain to new individual policyholders or new individual contractholders and new groups, including new groups administered or issued on or after January 1, 2004. (C) On or before July 1, 2004, the entities listed in paragraph (1) shall comply with paragraphs (1) to (5), inclusive, of subdivision (a) for all individual policyholders and individual contractholders, for all groups, and for all enrollees of the Healthy Families and Medi-Cal programs, except that for individual policyholders, individual contractholders and groups in existence prior to January 1, 2004, the entities listed in paragraph (1) shall comply upon the renewal date of the policy, contract, or group on or after July 1, 2004, but no later than July 1, 2005. (2) A health care service plan, a provider of health care, an insurer or a pharmacy benefits manager, a contractor, or another person or entity as described in paragraph (1) shall make reasonable efforts to cooperate, through systems testing and other means, to ensure that the requirements of this article are implemented on or before the dates specified in this section. (3) Notwithstanding paragraph (2), the Director of the Department of Managed Health Care, pursuant to the authority granted under Section 1346 of the Health and Safety Code, or the Insurance Commissioner, pursuant to the authority granted under Section 12921 of the Insurance Code, and upon a determination of good cause, may grant extensions not to exceed six months for compliance by health care service plans and insurers with the requirements of this section when requested by the health care service plan or insurer. Any extension granted shall apply to the health care service plan or insurer’s affected providers, pharmacy benefits manager, and contractors. (f) If a federal law takes effect requiring the United States Department of Health and Human Services to establish a national unique patient health identifier program, a provider of health care, a health care service plan, a licensed health care professional, or a contractor, as those terms are defined in Section 56.05, that complies with the federal law shall be deemed in compliance with this section. (g) A person or entity may not encode or embed a social security number in or on a card or document, including, but not limited to, using a barcode, chip, magnetic strip, or other technology, in place of removing the social security number, as required by this section. (h) This section shall become operative, with respect to the University of California, in the following manner: (1) On or before January 1, 2004, the University of California shall comply with paragraphs (1), (2), and (3) of subdivision (a). (2) On or before January 1, 2005, the University of California shall comply with paragraphs (4) and (5) of subdivision (a). (i) This section shall become operative with respect to the Franchise Tax Board on January 1, 2007. (j) This section shall become operative with respect to the California community college districts on January 1, 2007. (k) This section shall become operative with respect to the California State University system on July 1, 2005. (l) This section shall become operative, with respect to the California Student Aid Commission and its auxiliary organization, in the following manner: (1) On or before January 1, 2004, the commission and its auxiliary organization shall comply with paragraphs (1), (2), and (3) of subdivision (a). (2) On or before January 1, 2005, the commission and its auxiliary organization shall comply with paragraphs (4) and (5) of subdivision (a). (Amended by Stats. 2021, Ch. 615, Sec. 49. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  61. 1798.86.

    ## 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 1.81.1. CONFIDENTIALITY OF SOCIAL SECURITY NUMBERS [1798.85 - 1798.89] ( Title 1.81.1 added by Stats. 2001, Ch. 720, Sec. 7. )

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    A waiver of this title’s provisions 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 1.81.1. CONFIDENTIALITY OF SOCIAL SECURITY NUMBERS [1798.85 - 1798.89] ( Title 1.81.1 added by Stats. 2001, Ch. 720, Sec. 7. ) ## 1798.86. 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. 16. Effective January 1, 2003.)
  62. 1798.89.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.1. CONFIDENTIALITY OF SOCIAL SECURITY NUMBERS [1798.85 - 1798.89] ( Title 1.81.1 added by Stats. 2001, Ch. 720, Sec. 7. )

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    Most people and agencies may not file or record public documents with a county recorder if the record shows more than the last four digits of a social security number, unless another law requires or authorizes 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 1.81.1. CONFIDENTIALITY OF SOCIAL SECURITY NUMBERS [1798.85 - 1798.89] ( Title 1.81.1 added by Stats. 2001, Ch. 720, Sec. 7. ) ## 1798.89. (a) Unless otherwise required to do so by state or federal law, no person, entity, or governmental agency shall present for recording or filing with a county recorder a document that is required by any provision of law to be open to the public if that record displays more than the last four digits of a social security number. Unless otherwise authorized by state or federal law, a document containing more than the last four digits of a social security number is not entitled for recording. (b) A recorder shall be deemed to be in compliance with the requirements of this section if he or she uses due diligence to truncate social security numbers in documents recorded, as provided in Article 3.5 (commencing with Section 27300) of Chapter 6 of Part 3 of Division 2 of Title 3 of the Government Code. (c) This section shall not apply to documents created prior to January 1, 2010. (Repealed and added by Stats. 2009, Ch. 552, Sec. 2. (SB 40) Effective January 1, 2010.)
  63. 1798.90.

    ## 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 1.81.15. Reader Privacy Act [1798.90 - 1798.90.05] ( Title 1.81.15 added by Stats. 2011, Ch. 424, Sec. 1. )

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    Book service providers generally cannot disclose a user's personal information to government entities, 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 1.81.15. Reader Privacy Act [1798.90 - 1798.90.05] ( Title 1.81.15 added by Stats. 2011, Ch. 424, Sec. 1. ) ## 1798.90. (a) This title shall be known and may be cited as the Reader Privacy Act. (b) For purposes of this section: (1) “Book” means paginated or similarly organized content in printed, audio, electronic, or other format, including fiction, nonfiction, academic, or other works of the type normally published in a volume or finite number of volumes, excluding serial publications such as a magazine or newspaper. (2) “Book service” means a service that, as its primary purpose, provides the rental, purchase, borrowing, browsing, or viewing of books. “Book service” does not include a store that sells a variety of consumer products when the book service sales do not exceed 2 percent of the store’s total annual gross sales of consumer products sold in the United States. (3) “Government entity” means any state or local agency, including, but not limited to, a law enforcement entity or any other investigative entity, agency, department, division, bureau, board, or commission, or any individual acting or purporting to act for or on behalf of a state or local agency. (4) “Law enforcement entity” means a district attorney, a district attorney’s office, a municipal police department, a sheriff’s department, a county probation department, a county social services agency, the Department of Justice, the Department of Corrections and Rehabilitation, the Department of Corrections and Rehabilitation Division of Juvenile Facilities, the Department of the California Highway Patrol, the police department of a campus of a community college, the University of California, or the California State University, or any other department or agency of the state authorized to investigate or prosecute the commission of a crime. (5) “Personal information” means all of the following: (A) Any information that identifies, relates to, describes, or is associated with a particular user, including, but not limited to, the information specifically listed in Section 1798.80. (B) A unique identifier or Internet Protocol address, when that identifier or address is used to identify, relate to, describe, or be associated with a particular user or book, in whole or in partial form. (C) Any information that relates to, or is capable of being associated with, a particular user’s access to or use of a book service or a book, in whole or in partial form. (6) “Provider” means any commercial entity offering a book service to the public. (7) “User” means any person or entity that uses a book service. (c) A provider shall not knowingly disclose to any government entity, or be compelled to disclose to any person, private entity, or government entity, any personal information of a user, except under any of the following circumstances: (1) A provider shall disclose personal information of a user to a law enforcement entity only pursuant to a court order issued by a duly authorized court with jurisdiction over an offense that is under investigation and only if all of the following conditions are met: (A) The court issuing the order finds that probable cause exists to believe the personal information requested is relevant evidence to the investigation of an offense and any of the grounds in Section 1524 of the Penal Code is satisfied. (B) The court issuing the order finds that the law enforcement entity seeking disclosure has a compelling interest in obtaining the personal information sought. (C) The court issuing the order finds that the personal information sought cannot be obtained by the law enforcement entity seeking disclosure through less intrusive means. (D) Prior to issuance of the court order, the law enforcement entity seeking disclosure provides, in a timely manner, the provider with reasonable notice of the proceeding to allow the provider the opportunity to appear and contest issuance of the order. (E) The law enforcement entity seeking disclosure has informed the provider that it has given notice of the court order to the user contemporaneously with the execution of the order, unless there is a judicial determination of a strong showing of necessity to delay that notification for a reasonable period of time, not to exceed 90 days. (2) (A) A provider shall disclose personal information of a user to any of the following only if all of the conditions listed in subparagraph (B) are satisfied: (i) A government entity, other than a law enforcement entity, pursuant to a court order issued by a court having jurisdiction over an offense under investigation by that government entity. (ii) A government entity, other than a law enforcement entity, or a person or private entity pursuant to a court order in a pending action brought by the government entity or by the person or private entity. (B) A provider shall disclose personal information of a user pursuant to subparagraph (A) only if all of the following conditions are satisfied: (i) The court issuing the order finds that the person or entity seeking disclosure has a compelling interest in obtaining the personal information sought. (ii) The court issuing the order finds that the personal information sought cannot be obtained by the person or entity seeking disclosure through less intrusive means. (iii) Prior to issuance of the court order, the person or entity seeking disclosure provides, in a timely manner, the provider with reasonable notice of the proceeding to allow the provider the opportunity to appear and contest the issuance of the court order. (iv) The provider refrains from disclosing any personal information pursuant to the court order until it provides, in a timely manner, notice to the user about the issuance of the order and the ability to appear and quash the order, and the user has been given a minimum of 35 days prior to disclosure of the information within which to appear and quash the order. (3) A provider shall disclose the personal information of a user to any person, private entity, or government entity if the user has given his or her informed, affirmative consent to the specific disclosure for a particular purpose. (4) A provider may disclose personal information of a user to a government entity, if the government entity asserts, and the provider in good faith believes, that there is an imminent danger of death or serious physical injury requiring the immediate disclosure of the requested personal information and there is insufficient time to obtain a court order. The government entity seeking the disclosure shall provide the provider with a written statement setting forth the facts giving rise to the emergency upon request or no later than 48 hours after seeking disclosure. (5) A provider may disclose personal information of a user to a government entity if the provider in good faith believes that the personal information is evidence directly related and relevant to a crime against the provider or that user. (d) (1) Any court issuing a court order requiring the disclosure of personal information of a user shall impose appropriate safeguards against the unauthorized disclosure of personal information by the provider and by the person, private entity, or government entity seeking disclosure pursuant to the order. (2) The court may, in its discretion, quash or modify a court order requiring the disclosure of the user’s personal information upon a motion made by the user, provider, person, or entity seeking disclosure. (e) A provider, upon the request of a law enforcement entity, shall take all necessary steps to preserve records and other evidence in its possession of a user’s personal information related to the use of a book or part of a book, pending the issuance of a court order or a warrant pursuant to this section or Section 1798.90.05. The provider shall retain the records and evidence for a period of 90 days from the date of the request by the law enforcement entity, which shall be extended for an additional 90-day period upon a renewed request by the law enforcement entity. (f) Except in an action for a violation of this section, no evidence obtained in violation of this section shall be admissible in any civil or administrative proceeding. (g) (1) Violations of this section shall be subject to the following penalties: (A) Any provider that knowingly provides personal information about a user to a government entity in violation of this section shall be subject to a civil penalty not to exceed five hundred dollars ($500) for each violation, which shall be paid to the user in a civil action brought by the user. (B) Any provider that knowingly provides personal information about a user to a government entity in violation of this section shall, in addition to the penalty prescribed by subparagraph (A), be subject to a civil penalty not to exceed five hundred dollars ($500) for each violation, which may be assessed and recovered in a civil action brought by the Attorney General, by any district attorney or city attorney, or by a city prosecutor in any city having a full-time city prosecutor, in any court of competent jurisdiction. (2) If an 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. (3) The penalties provided by this section are not the exclusive remedy and do not affect any other relief or remedy provided by law. (4) A civil action brought pursuant to this section shall be commenced within two years after the date upon which the claimant first discovered the violation. (h) An objectively reasonable reliance by the provider on a warrant or court order for the disclosure of personal information of a user, or on any of the enumerated exceptions to the confidentiality of a user’s personal information set forth in this section, is a complete defense to any civil action for the violation of this section. (i) (1) Unless disclosure of information pertaining to a particular request or set of requests is specifically prohibited by law, a provider shall prepare a report including all of the following information, to the extent it can be reasonably determined: (A) The number of federal and state warrants, federal and state grand jury subpoenas, federal and state civil and administrative subpoenas, federal and state civil and criminal court orders, and requests for information made with the informed consent of the user as described in paragraph (3) of subdivision (c), seeking disclosure of any personal information of a user related to the access or use of a book service or book, received by the provider from January 1 to December 31, inclusive, of the previous year. (B) The number of disclosures made by the provider pursuant to paragraphs (4) and (5) of subdivision (c) from January 1 to December 31, inclusive, of the previous year. (C) For each category of demand or disclosure, the provider shall include all of the following information: (i) The number of times notice of a court order in a criminal, civil, or administrative action has been provided by the provider and the date the notice was provided. (ii) The number of times personal information has been disclosed by the provider. (iii) The number of times no personal information has been disclosed by the provider. (iv) The number of times the provider contests the demand. (v) The number of times the user contests the demand. (vi) The number of users whose personal information was disclosed by the provider. (vii) The type of personal information that was disclosed and the number of times that type of personal information was disclosed. (2) Notwithstanding paragraph (1), a provider is not required to prepare a report pursuant to this subdivision unless it has disclosed personal information related to the access or use of a book service or book of more than 30 total users consisting of users located in this state or users whose location is unknown or of both types of users. (3) The reporting requirements of this subdivision shall not apply to information disclosed to a government entity that is made by a provider serving a postsecondary educational institution when the provider is required to disclose the information in order to be reimbursed for the sale or rental of a book that was purchased or rented by a student using book vouchers or other financial aid subsidies for books. (j) Reports prepared pursuant to subdivision (i) shall be made publicly available in an online, searchable format on or before March 1 of each year. If the provider does not have an Internet Web site, the provider shall post the reports prominently on its premises or send the reports to the Office of Privacy Protection on or before March 1 of each year. (k) On or before March 1 of each year, a provider subject to Section 22575 of the Business and Professions Code shall complete one of the following actions: (1) Create a prominent hyperlink to its latest report prepared pursuant to subdivision (i) in the disclosure section of its privacy policy applicable to its book service. (2) Post the report prepared pursuant to subdivision (i) in the section of its Internet Web site explaining the way in which user information and privacy issues related to its book service are addressed. (3) State on its Internet Web site in one of the areas described in paragraphs (1) and (2) that no report prepared pursuant to subdivision (i) is available because the provider is exempt from the reporting requirement pursuant to paragraph (2) of subdivision (i). (l) Nothing in this section shall otherwise affect the rights of any person under the California Constitution or any other law or be construed as conflicting with the federal Privacy Protection Act of 1980 (42 U.S.C. 2000aa et seq.). (Added by Stats. 2011, Ch. 424, Sec. 1. (SB 602) Effective January 1, 2012.)
  64. 1798.90.05.

    ## 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 1.81.15. Reader Privacy Act [1798.90 - 1798.90.05] ( Title 1.81.15 added by Stats. 2011, Ch. 424, Sec. 1. )

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    This section allows certain law enforcement entities to seek search warrants for a user’s personal information in specified criminal investigations, and it allows providers to comply with proper warrants.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.15. Reader Privacy Act [1798.90 - 1798.90.05] ( Title 1.81.15 added by Stats. 2011, Ch. 424, Sec. 1. ) ## 1798.90.05. Section 1798.90 does not make it unlawful for a law enforcement entity subject to Section 2000aa of Title 42 of the United States Code to obtain a search warrant for the personal information of a user pursuant to otherwise applicable law in connection with the investigation or prosecution of a criminal offense when probable cause exists to believe that the person possessing the personal information has committed, or is committing, a criminal offense involving the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography, the sexual exploitation of children, or the sale or purchase of children prohibited by Sections 2251, 2251A, 2252, and 2252A of Title 18 of the United States Code. Nothing in Section 1798.90 shall prevent a provider from complying with a proper search warrant issued by a duly authorized court in connection with the investigation or prosecution of any of those offenses. (Added by Stats. 2011, Ch. 424, Sec. 1. (SB 602) Effective January 1, 2012.)
  65. 1798.90.1.

    ## 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 1.81.2. CONFIDENTIALITY OF DRIVER'S LICENSE INFORMATION [1798.90.1- 1798.90.1.] ( Title 1.81.2 added by Stats. 2003, Ch. 533, Sec. 4. )

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    Businesses may scan or swipe DMV driver’s license or ID cards only for listed purposes, and organ procurement organizations have special rules for donor 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 1.81.2. CONFIDENTIALITY OF DRIVER'S LICENSE INFORMATION [1798.90.1- 1798.90.1.] ( Title 1.81.2 added by Stats. 2003, Ch. 533, Sec. 4. ) ## 1798.90.1. (a) (1) A business may scan or swipe a driver’s license or identification card issued by the Department of Motor Vehicles in any electronic device for the following purposes: (A) To verify age or the authenticity of the driver’s license or identification card. (B) To comply with a legal requirement to record, retain, or transmit that information. (C) To transmit information to a check service company for the purpose of approving negotiable instruments, electronic funds transfers, or similar methods of payments, provided that only the name and identification number from the license or the card may be used or retained by the check service company. (D) To collect or disclose personal information that is required for reporting, investigating, or preventing fraud, abuse, or material misrepresentation. (2) (A) An organ procurement organization may scan or swipe a driver’s license or identification card issued by the Department of Motor Vehicles in any electronic device to transmit information to the Donate Life California Organ and Tissue Donor Registry established pursuant to Section 7150.90 of the Health and Safety Code for the purposes of allowing an individual to identify himself or herself as a registered organ donor. Information gathered or transmitted pursuant to this paragraph shall comply with the Department of Motor Vehicles Information Security Agreement. (B) Prior to scanning or swiping a driver’s license or identification card issued by the Department of Motor Vehicles, an organ procurement organization shall provide clear and conspicuous notice to the applicant and shall follow the procedure prescribed in this subparagraph: (i) Once the applicant’s information is populated on the electronic form, the applicant shall verify that the information is accurate and shall click “submit” after reading a clear and conspicuous consent message, which shall not be combined with or contained within another message, acknowledging that the applicant’s information will be used for the sole purpose of being added to the registry. (ii) The applicant shall provide his or her signature to complete registration. (iii) The organization or registry system shall provide a written confirmation to the applicant confirming that he or she is signed up as an organ and tissue donor. (3) A business or organ procurement organization shall not retain or use any of the information obtained by that electronic means for any purpose other than as provided herein. (b) As used in this section: (1) “Business” means a proprietorship, partnership, corporation, or any other form of commercial enterprise. (2) “Organ procurement organization” means a person designated by the Secretary of the federal Department of Health and Human Services as an organ procurement organization. (c) A violation of this section constitutes a misdemeanor punishable by imprisonment in a county jail for no more than one year, or by a fine of no more than ten thousand dollars ($10,000), or by both. (Amended by Stats. 2018, Ch. 548, Sec. 1. (AB 2769) Effective January 1, 2019.)
  66. 1798.90.5.

    ## 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 1.81.23. COLLECTION OF LICENSE PLATE INFORMATION [1798.90.5 - 1798.90.55] ( Title 1.81.23 added by Stats. 2015, Ch. 532, Sec. 3. )

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    This section defines key terms used in the ALPR title, including ALPR end-user, ALPR information, ALPR operator, ALPR system, person, and public 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 1.81.23. COLLECTION OF LICENSE PLATE INFORMATION [1798.90.5 - 1798.90.55] ( Title 1.81.23 added by Stats. 2015, Ch. 532, Sec. 3. ) ## 1798.90.5. The following definitions shall apply for purposes of this title: (a) “Automated license plate recognition end-user” or “ALPR end-user” means a person that accesses or uses an ALPR system, but does not include any of the following: (1) A transportation agency when subject to Section 31490 of the Streets and Highways Code. (2) A person that is subject to Sections 6801 to 6809, inclusive, of Title 15 of the United States Code and state or federal statutes or regulations implementing those sections, if the person is subject to compliance oversight by a state or federal regulatory agency with respect to those sections. (3) A person, other than a law enforcement agency, to whom information may be disclosed as a permissible use pursuant to Section 2721 of Title 18 of the United States Code. (b) “Automated license plate recognition information,” or “ALPR information” means information or data collected through the use of an ALPR system. (c) “Automated license plate recognition operator” or “ALPR operator” means a person that operates an ALPR system, but does not include a transportation agency when subject to Section 31490 of the Streets and Highways Code. (d) “Automated license plate recognition system” or “ALPR system” means a searchable computerized database resulting from the operation of one or more mobile or fixed cameras combined with computer algorithms to read and convert images of registration plates and the characters they contain into computer-readable data. (e) “Person” means any natural person, public agency, partnership, firm, association, corporation, limited liability company, or other legal entity. (f) “Public agency” means the state, any city, county, or city and county, or any agency or political subdivision of the state or a city, county, or city and county, including, but not limited to, a law enforcement agency. (Added by Stats. 2015, Ch. 532, Sec. 3. (SB 34) Effective January 1, 2016.)
  67. 1798.90.51.

    ## 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 1.81.23. COLLECTION OF LICENSE PLATE INFORMATION [1798.90.5 - 1798.90.55] ( Title 1.81.23 added by Stats. 2015, Ch. 532, Sec. 3. )

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    An ALPR operator must maintain security safeguards and have a public usage and privacy policy, with website posting if it has a website.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.23. COLLECTION OF LICENSE PLATE INFORMATION [1798.90.5 - 1798.90.55] ( Title 1.81.23 added by Stats. 2015, Ch. 532, Sec. 3. ) ## 1798.90.51. An ALPR operator shall do all of the following: (a) Maintain reasonable security procedures and practices, including operational, administrative, technical, and physical safeguards, to protect ALPR information from unauthorized access, destruction, use, modification, or disclosure. (b) (1) Implement a usage and privacy policy in order to ensure that the collection, use, maintenance, sharing, and dissemination of ALPR information is consistent with respect for individuals’ privacy and civil liberties. The usage and privacy policy shall be available to the public in writing, and, if the ALPR operator has an Internet Web site, the usage and privacy policy shall be posted conspicuously on that Internet Web site. (2) The usage and privacy policy shall, at a minimum, include all of the following: (A) The authorized purposes for using the ALPR system and collecting ALPR information. (B) A description of the job title or other designation of the employees and independent contractors who are authorized to use or access the ALPR system, or to collect ALPR information. The policy shall identify the training requirements necessary for those authorized employees and independent contractors. (C) A description of how the ALPR system will be monitored to ensure the security of the information and compliance with applicable privacy laws. (D) The purposes of, process for, and restrictions on, the sale, sharing, or transfer of ALPR information to other persons. (E) The title of the official custodian, or owner, of the ALPR system responsible for implementing this section. (F) A description of the reasonable measures that will be used to ensure the accuracy of ALPR information and correct data errors. (G) The length of time ALPR information will be retained, and the process the ALPR operator will utilize to determine if and when to destroy retained ALPR information. (Added by Stats. 2015, Ch. 532, Sec. 3. (SB 34) Effective January 1, 2016.)
  68. 1798.90.52.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.23. COLLECTION OF LICENSE PLATE INFORMATION [1798.90.5 - 1798.90.55] ( Title 1.81.23 added by Stats. 2015, Ch. 532, Sec. 3. )

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    An ALPR operator that accesses or provides access to ALPR information must keep an access record and limit use of the information to authorized purposes in the applicable usage and privacy 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 1.81.23. COLLECTION OF LICENSE PLATE INFORMATION [1798.90.5 - 1798.90.55] ( Title 1.81.23 added by Stats. 2015, Ch. 532, Sec. 3. ) ## 1798.90.52. If an ALPR operator accesses or provides access to ALPR information, the ALPR operator shall do both of the following: (a) Maintain a record of that access. At a minimum, the record shall include all of the following: (1) The date and time the information is accessed. (2) The license plate number or other data elements used to query the ALPR system. (3) The username of the person who accesses the information, and, as applicable, the organization or entity with whom the person is affiliated. (4) The purpose for accessing the information. (b) Require that ALPR information only be used for the authorized purposes described in the usage and privacy policy required by subdivision (b) of Section 1798.90.51. (Added by Stats. 2015, Ch. 532, Sec. 3. (SB 34) Effective January 1, 2016.)
  69. 1798.90.53.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.23. COLLECTION OF LICENSE PLATE INFORMATION [1798.90.5 - 1798.90.55] ( Title 1.81.23 added by Stats. 2015, Ch. 532, Sec. 3. )

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    An ALPR end-user must maintain reasonable security safeguards and adopt a public written usage and privacy policy for ALPR information.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.23. COLLECTION OF LICENSE PLATE INFORMATION [1798.90.5 - 1798.90.55] ( Title 1.81.23 added by Stats. 2015, Ch. 532, Sec. 3. ) ## 1798.90.53. An ALPR end-user shall do all of the following: (a) Maintain reasonable security procedures and practices, including operational, administrative, technical, and physical safeguards, to protect ALPR information from unauthorized access, destruction, use, modification, or disclosure. (b) (1) Implement a usage and privacy policy in order to ensure that the access, use, sharing, and dissemination of ALPR information is consistent with respect for individuals’ privacy and civil liberties. The usage and privacy policy shall be available to the public in writing, and, if the ALPR end-user has an Internet Web site, the usage and privacy policy shall be posted conspicuously on that Internet Web site. (2) The usage and privacy policy shall, at a minimum, include all of the following: (A) The authorized purposes for accessing and using ALPR information. (B) A description of the job title or other designation of the employees and independent contractors who are authorized to access and use ALPR information. The policy shall identify the training requirements necessary for those authorized employees and independent contractors. (C) A description of how the ALPR system will be monitored to ensure the security of the information accessed or used, and compliance with all applicable privacy laws and a process for periodic system audits. (D) The purposes of, process for, and restrictions on, the sale, sharing, or transfer of ALPR information to other persons. (E) The title of the official custodian, or owner, of the ALPR information responsible for implementing this section. (F) A description of the reasonable measures that will be used to ensure the accuracy of ALPR information and correct data errors. (G) The length of time ALPR information will be retained, and the process the ALPR end-user will utilize to determine if and when to destroy retained ALPR information. (Added by Stats. 2015, Ch. 532, Sec. 3. (SB 34) Effective January 1, 2016.)
  70. 1798.90.54.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.23. COLLECTION OF LICENSE PLATE INFORMATION [1798.90.5 - 1798.90.55] ( Title 1.81.23 added by Stats. 2015, Ch. 532, Sec. 3. )

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    A harmed individual may sue for violations of this title, and the court may award damages and other 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 1.81.23. COLLECTION OF LICENSE PLATE INFORMATION [1798.90.5 - 1798.90.55] ( Title 1.81.23 added by Stats. 2015, Ch. 532, Sec. 3. ) ## 1798.90.54. (a) In addition to any other sanctions, penalties, or remedies provided by law, an individual who has been harmed by a violation of this title, including, but not limited to, unauthorized access or use of ALPR information or a breach of security of an ALPR system, may bring a civil action in any court of competent jurisdiction against a person who knowingly caused the harm. (b) The court may award a combination of any one or more of the following: (1) Actual damages, but not less than liquidated damages in the amount of two thousand five hundred dollars ($2,500). (2) Punitive damages upon proof of willful or reckless disregard of the law. (3) Reasonable attorney’s fees and other litigation costs reasonably incurred. (4) Other preliminary and equitable relief as the court determines to be appropriate. (Added by Stats. 2015, Ch. 532, Sec. 3. (SB 34) Effective January 1, 2016.)
  71. 1798.90.55.

    ## 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 1.81.23. COLLECTION OF LICENSE PLATE INFORMATION [1798.90.5 - 1798.90.55] ( Title 1.81.23 added by Stats. 2015, Ch. 532, Sec. 3. )

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    Public agencies operating or planning to operate an ALPR system must allow public comment before implementing the program, and they generally may not sell, share, or transfer ALPR information except in limited 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 1.81.23. COLLECTION OF LICENSE PLATE INFORMATION [1798.90.5 - 1798.90.55] ( Title 1.81.23 added by Stats. 2015, Ch. 532, Sec. 3. ) ## 1798.90.55. Notwithstanding any other law or regulation: (a) A public agency that operates or intends to operate an ALPR system shall provide an opportunity for public comment at a regularly scheduled public meeting of the governing body of the public agency before implementing the program. (b) A public agency shall not sell, share, or transfer ALPR information, except to another public agency, and only as otherwise permitted by law. For purposes of this section, the provision of data hosting or towing services shall not be considered the sale, sharing, or transferring of ALPR information. (Added by Stats. 2015, Ch. 532, Sec. 3. (SB 34) Effective January 1, 2016.)
  72. 1798.91.

    ## 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 1.81.25. CONSUMER PRIVACY PROTECTION [1798.91- 1798.91.] ( Title 1.81.25 added by Stats. 2004, Ch. 861, Sec. 1. )

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    A business generally may not request medical information from an individual for direct marketing without first making the required disclosure and getting the required consent; written requests also require written consent, and oral requests require an audio recording kept for two 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 1.81.25. CONSUMER PRIVACY PROTECTION [1798.91- 1798.91.] ( Title 1.81.25 added by Stats. 2004, Ch. 861, Sec. 1. ) ## 1798.91. (a) For purposes of this title, the following definitions shall apply: (1) “Direct marketing purposes” means the use of personal information for marketing or advertising products, goods, or services directly to individuals. “Direct marketing purposes” does not include the use of personal information (A) by bona fide tax exempt charitable or religious organizations to solicit charitable contributions or (B) to raise funds from and communicate with individuals regarding politics and government. (2) “Medical information” means any individually identifiable information, in electronic or physical form, regarding the individual’s medical history, or medical treatment or diagnosis by a health care professional. “Individually identifiable” means that the medical information includes or contains any element of personal identifying information sufficient to allow identification of the individual, such as the individual’s name, address, electronic mail address, telephone number, or social security number, or other information that, alone or in combination with other publicly available information, reveals the individual’s identity. For purposes of this section, “medical information” does not mean a subscription to, purchase of, or request for a periodical, book, pamphlet, video, audio, or other multimedia product or nonprofit association information. (3) “Clear and conspicuous” means 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 language. (4) For purposes of this section, the collection of medical information online constitutes “in writing.” For purposes of this section, “written consent” includes consent obtained online. (b) A business may not orally request medical information directly from an individual regardless of whether the information pertains to the individual or not, and use, share, or otherwise disclose that information for direct marketing purposes, without doing both of the following prior to obtaining that information: (1) Orally disclosing to the individual in the same conversation during which the business seeks to obtain the information, that it is obtaining the information to market or advertise products, goods, or services to the individual. (2) Obtaining the consent of either the individual to whom the information pertains or a person legally authorized to consent for the individual, to permit his or her medical information to be used or shared to market or advertise products, goods, or services to the individual, and making and maintaining for two years after the date of the conversation, an audio recording of the entire conversation. (c) A business may not request in writing medical information directly from an individual regardless of whether the information pertains to the individual or not, and use, share, or otherwise disclose that information for direct marketing purposes, without doing both of the following prior to obtaining that information: (1) Disclosing in a clear and conspicuous manner that it is obtaining the information to market or advertise products, goods, or services to the individual. (2) Obtaining the written consent of either the individual to whom the information pertains or a person legally authorized to consent for the individual, to permit his or her medical information to be used or shared to market or advertise products, goods, or services to the individual. (d) This section does not apply to a provider of health care, health care service plan, or contractor, as defined in Section 56.05. (e) This section shall not apply to an insurance institution, agent, or support organization, as defined in Section 791.02 of the Insurance Code, when engaged in an insurance transaction, as defined in Section 791.02 of the Insurance Code, pursuant to all the requirements of Article 6.6 (commencing with Section 791) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, and the regulations promulgated thereunder. (f) This section does not apply to a telephone corporation, as defined in Section 234 of the Public Utilities Code, when that corporation is engaged in providing telephone services and products pursuant to Sections 2881, 2881.1, and 2881.2 of the Public Utilities Code, if the corporation does not share or disclose medical information obtained as a consequence of complying with those sections of the Public Utilities Code, to third parties for direct marketing purposes. (Amended by Stats. 2013, Ch. 444, Sec. 7. (SB 138) Effective January 1, 2014.)
  73. 1798.91.04.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.26. Security of Connected Devices [1798.91.04 - 1798.91.06] ( Title 1.81.26 added by Stats. 2018, Ch. 860, Sec. 1. )

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    Manufacturers of connected devices must equip devices with reasonable security features.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.26. Security of Connected Devices [1798.91.04 - 1798.91.06] ( Title 1.81.26 added by Stats. 2018, Ch. 860, Sec. 1. ) ## 1798.91.04. (a) A manufacturer of a connected device shall equip the device with a reasonable security feature or features that are all of the following: (1) Appropriate to the nature and function of the device. (2) Appropriate to the information it may collect, contain, or transmit. (3) Designed to protect the device and any information contained therein from unauthorized access, destruction, use, modification, or disclosure. (b) Subject to all of the requirements of subdivision (a), if a connected device is equipped with a means for authentication outside a local area network, it shall be deemed a reasonable security feature under subdivision (a) if either of the following requirements are met: (1) The preprogrammed password is unique to each device manufactured. (2) The device contains a security feature that requires a user to generate a new means of authentication before access is granted to the device for the first time. (c) A manufacturer of a connected device may elect to satisfy the requirements of subdivision (a) by ensuring the connected device does all of the following: (1) Meets or exceeds the baseline product criteria of a NIST conforming labeling scheme. (2) Satisfies a conformity assessment as described by a NIST conforming labeling scheme that includes a third-party test, inspection, or certification. (3) Bears the binary label as described by a NIST conforming labeling scheme. (Amended (as added by Stats. 2018, Ch. 860, Sec. 1) by Stats. 2022, Ch. 785, Sec. 2. (AB 2392) Effective January 1, 2023. See similar section in the Title 1.81.26 added by Stats. 2018, Ch. 886.)
  74. 1798.91.05.

    ## 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 1.81.26. Security of Connected Devices [1798.91.04 - 1798.91.06] ( Title 1.81.26 added by Stats. 2018, Ch. 860, Sec. 1. )

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    This section defines key terms used in the connected devices title, including “authentication,” “connected device,” “manufacturer,” “NIST conforming labeling scheme,” “security feature,” and “unauthorized access, destruction, use, modification, or disclosure.”

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.26. Security of Connected Devices [1798.91.04 - 1798.91.06] ( Title 1.81.26 added by Stats. 2018, Ch. 860, Sec. 1. ) ## 1798.91.05. For the purposes of this title, the following terms have the following meanings: (a) “Authentication” means a method of verifying the authority of a user, process, or device to access resources in an information system. (b) “Connected device” means any device, or other physical object that is capable of connecting to the internet, directly or indirectly, and that is assigned an internet protocol address or Bluetooth address. (c) “Manufacturer” means the person who manufactures, or contracts with another person to manufacture on the person’s behalf, connected devices that are sold or offered for sale in California. For the purposes of this subdivision, a contract with another person to manufacture on the person’s behalf does not include a contract only to purchase a connected device, or only to purchase and brand a connected device. (d) “NIST conforming labeling scheme” means a labeling scheme conforming to the Cybersecurity White Paper titled “Recommended Criteria for Cybersecurity Labeling for Consumer Internet of Things (IoT) Products” published by the National Institute of Standards and Technology (NIST) on February 4, 2022, including any revisions or successor publications. (e) “Security feature” means a feature of a device designed to provide security for that device. (f) “Unauthorized access, destruction, use, modification, or disclosure” means access, destruction, use, modification, or disclosure that is not authorized by the consumer. (Amended (as added by Stats. 2018, Ch. 860, Sec. 1) by Stats. 2022, Ch. 785, Sec. 3. (AB 2392) Effective January 1, 2023. See similar section in the Title 1.81.26 added by Stats. 2018, Ch. 886.)
  75. 1798.91.06.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.26. Security of Connected Devices [1798.91.04 - 1798.91.06] ( Title 1.81.26 added by Stats. 2018, Ch. 860, Sec. 1. )

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    This section limits what duties this title can impose, gives exclusive enforcement authority to specified public prosecutors, excludes some federally regulated devices and HIPAA/medical-information-regulated activity, and says the title becomes operative on January 1, 2020.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.26. Security of Connected Devices [1798.91.04 - 1798.91.06] ( Title 1.81.26 added by Stats. 2018, Ch. 860, Sec. 1. ) ## 1798.91.06. (a) This title shall not be construed to impose any duty upon the manufacturer of a connected device related to unaffiliated third-party software or applications that a user chooses to add to a connected device. (b) This title shall not be construed to impose any duty upon a provider of an electronic store, gateway, marketplace, or other means of purchasing or downloading software or applications, to review or enforce compliance with this title. (c) This title shall not be construed to impose any duty upon the manufacturer of a connected device to prevent a user from having full control over a connected device, including the ability to modify the software or firmware running on the device at the user’s discretion. (d) This title shall not apply to any connected device the functionality of which is subject to security requirements under federal law, regulations, or guidance promulgated by a federal agency pursuant to its regulatory enforcement authority. (e) This title shall not be construed to provide a basis for a private right of action. The Attorney General, a city attorney, a county counsel, or a district attorney shall have the exclusive authority to enforce this title. (f) The duties and obligations imposed by this title are cumulative with any other duties or obligations imposed under other law, and shall not be construed to relieve any party from any duties or obligations imposed under other law. (g) This title shall not be construed to limit the authority of a law enforcement agency to obtain connected device information from a manufacturer as authorized by law or pursuant to an order of a court of competent jurisdiction. (h) A covered entity, provider of health care, business associate, health care service plan, contractor, employer, or any other person subject to the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Public Law 104-191) or the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1) shall not be subject to this title with respect to any activity regulated by those acts. (i) This title shall become operative on January 1, 2020. (Added by Stats. 2018, Ch. 860, Sec. 1. (AB 1906) Effective January 1, 2019. Operative January 1, 2020, by its own provisions. See similar section in the Title 1.81.26 added by Stats. 2018, Ch. 886.)
  76. 1798.91.1.

    ## 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 1.81.27. Commercial Use of Booking Photographs [1798.91.1- 1798.91.1.] ( Title 1.81.27 added by Stats. 2014, Ch. 194, Sec. 1. )

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    People who publish or distribute booking photographs cannot ask for, require, or take payment from the arrested person to remove or change the photo or to stop publishing it. Public entities may charge a reasonable administrative fee to correct a booking photograph.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.27. Commercial Use of Booking Photographs [1798.91.1- 1798.91.1.] ( Title 1.81.27 added by Stats. 2014, Ch. 194, Sec. 1. ) ## 1798.91.1. (a) For the purposes of this section, the following definitions shall apply: (1) “Booking photograph” means a photograph of a subject individual taken pursuant to an arrest or other involvement in the criminal justice system. (2) “Subject individual” means an individual who was arrested. (3) “Person” means a natural person, partnership, joint venture, corporation, limited liability company, or other entity. (4) “Public entity” means the state, county, city, special district, or other political subdivision therein. (b) It shall be unlawful practice for any person engaged in publishing or otherwise disseminating a booking photograph through a print or electronic medium to solicit, require, or accept the payment of a fee or other consideration from a subject individual to remove, correct, modify, or to refrain from publishing or otherwise disseminating that booking photograph. (c) Notwithstanding subdivision (b), a public entity may require and accept a reasonable administrative fee to correct a booking photograph. (d) Each payment solicited or accepted in violation of these provisions constitutes a separate violation. (e) In addition to any other sanctions, penalties, or remedies provided by law, a subject individual may bring a civil action in any court of competent jurisdiction against any person in violation of this section for damages in an amount equal to the greater of one thousand dollars ($1,000) per violation or the actual damages suffered by him or her as a result, along with costs, reasonable attorney’s fees, and any other legal or equitable relief. (f) The jurisdiction of a civil action brought pursuant to subdivision (e) shall also include the county in which the subject individual resides at the time of the violation of this section. (Added by Stats. 2014, Ch. 194, Sec. 1. (SB 1027) Effective January 1, 2015.)
  77. 1798.92.

    ## 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 1.81.3. IDENTITY THEFT [1798.92 - 1798.97] ( Title 1.81.3 added by Stats. 2001, Ch. 354, Sec. 21. )

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    This section defines key terms used in the identity theft 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 1.81.3. IDENTITY THEFT [1798.92 - 1798.97] ( Title 1.81.3 added by Stats. 2001, Ch. 354, Sec. 21. ) ## 1798.92. For the purposes of this title: (a) “Claimant” means a person who has or purports to have a claim for money or an interest in property in connection with a transaction procured through identity theft. (b) “Identity theft” means the unauthorized use of another person’s personal identifying information to obtain credit, goods, services, money, or property. (c) “Personal identifying information” means a person’s name, address, telephone number, driver’s license number, social security number, place of employment, employee identification number, mother’s maiden name, demand deposit account number, savings account number, or credit card number. (d) “Victim of identity theft” means a person who had their personal identifying information used without authorization by another to obtain credit, goods, services, money, or property, and did not use or possess the credit, goods, services, money, or property obtained by the identity theft, and has submitted a Federal Trade Commission identity theft report. In the alternative, the person may have filed a police report in this regard pursuant to Section 530.5 of the Penal Code. (Amended by Stats. 2021, Ch. 265, Sec. 3. (AB 430) Effective January 1, 2022.)
  78. 1798.93.

    ## 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 1.81.3. IDENTITY THEFT [1798.92 - 1798.97] ( Title 1.81.3 added by Stats. 2001, Ch. 354, Sec. 21. )

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    A person can sue or file a cross-complaint to prove identity theft, but must prove it by a preponderance of the evidence.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.3. IDENTITY THEFT [1798.92 - 1798.97] ( Title 1.81.3 added by Stats. 2001, Ch. 354, Sec. 21. ) ## 1798.93. (a) A person may bring an action against a claimant to establish that the person is a victim of identity theft in connection with the claimant’s claim against that person. If the claimant has brought an action to recover on its claim against the person, the person may file a cross-complaint to establish that the person is a victim of identity theft in connection with the claimant’s claim. (b) A person shall establish that they are a victim of identity theft by a preponderance of the evidence. (c) A person who proves that they are a victim of identity theft, as defined in Section 530.5 of the Penal Code, as to a particular claim, shall be entitled to a judgment providing all of the following, as appropriate: (1) A declaration that they are not obligated to the claimant on that claim. (2) A declaration that any security interest or other interest the claimant had purportedly obtained in the victim’s property in connection with that claim is void and unenforceable. (3) An injunction restraining the claimant from collecting or attempting to collect from the victim on that claim, from enforcing or attempting to enforce any security interest or other interest in the victim’s property in connection with that claim, or from enforcing or executing on any judgment against the victim on that claim. (4) If the victim has filed a cross-complaint against the claimant, the dismissal of any cause of action in the complaint filed by the claimant based on a claim which arose as a result of the identity theft. (5) Actual damages, attorney’s fees, and costs, and any equitable relief that the court deems appropriate. In order to recover actual damages or attorney’s fees in an action or cross-complaint filed by a person alleging that they are a victim of identity theft, the person shall show that they provided written notice to the claimant that a situation of identity theft might exist, including, upon written request of the claimant, a valid, signed Federal Trade Commission (FTC) identity theft report completed at least 30 days before filing the action, or within their cross-complaint pursuant to this section. In the alternative, the person may provide a valid copy of a police report or of a Department of Motor Vehicles (DMV) investigative report, filed pursuant to Section 530.5 of the Penal Code, at least 30 days before filing the action or within their cross-complaint pursuant to this section. For the purposes of this paragraph, if the person submits an FTC identity theft report, the claimant shall not also require a DMV or police report. (6) A civil penalty, in addition to any other damages, of up to thirty thousand dollars ($30,000) if the victim establishes by clear and convincing evidence all of the following: (A) That at least 30 days prior to filing an action or within the cross-complaint pursuant to this section, they provided written notice to the claimant at the address designated by the claimant for complaints related to credit reporting issues that a situation of identity theft might exist and explaining the basis for that belief. (B) That the claimant failed to diligently investigate the victim’s notification of a possible identity theft. (C) That the claimant continued to pursue its claim against the victim after the claimant was presented with facts that were later held to entitle the victim to a judgment pursuant to this section. (Amended by Stats. 2021, Ch. 265, Sec. 4. (AB 430) Effective January 1, 2022.)
  79. 1798.94.

    ## 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 1.81.3. IDENTITY THEFT [1798.92 - 1798.97] ( Title 1.81.3 added by Stats. 2001, Ch. 354, Sec. 21. )

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    A qualifying action or cross-complaint under this title that joins other claimants as defendants is treated as complying with Section 379 of the Code of Civil Procedure.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.3. IDENTITY THEFT [1798.92 - 1798.97] ( Title 1.81.3 added by Stats. 2001, Ch. 354, Sec. 21. ) ## 1798.94. An action or cross-complaint brought under this title that joins other claimants as defendants in the same action or cross-complaint shall be deemed to comply with Section 379 of the Code of Civil Procedure. (Added by Stats. 2001, Ch. 354, Sec. 21. Effective January 1, 2002.)
  80. 1798.95.

    ## 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 1.81.3. IDENTITY THEFT [1798.92 - 1798.97] ( Title 1.81.3 added by Stats. 2001, Ch. 354, Sec. 21. )

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    A court keeps continuing jurisdiction over certain identity-theft cases so it can join related claims and defendants, and that jurisdiction ends 10 years after the original action is filed unless extended for good cause.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.3. IDENTITY THEFT [1798.92 - 1798.97] ( Title 1.81.3 added by Stats. 2001, Ch. 354, Sec. 21. ) ## 1798.95. A court shall have continuing jurisdiction over an action or cross-complaint filed pursuant to this title in order to provide for the joinder of related causes of action based on the theft of the same person’s identity and the joinder of further defendants based upon the theft of the same person’s identity, regardless of whether a final judgment has been entered as to any defendant. The court’s continuing jurisdiction shall terminate 10 years after filing of the original action unless the court, prior to that date, finds good cause to extend jurisdiction over the matter. (Added by Stats. 2001, Ch. 354, Sec. 21. Effective January 1, 2002.)
  81. 1798.96.

    ## 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 1.81.3. IDENTITY THEFT [1798.92 - 1798.97] ( Title 1.81.3 added by Stats. 2001, Ch. 354, Sec. 21. )

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    An action under this title, or joinder of a defendant under Section 1798.82, may be filed within four years after the victim knew or should have known the relevant facts.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.3. IDENTITY THEFT [1798.92 - 1798.97] ( Title 1.81.3 added by Stats. 2001, Ch. 354, Sec. 21. ) ## 1798.96. Any action brought pursuant to this title or any joinder of a defendant pursuant to Section 1798.82 may be brought within four years of the date the person who alleges that he or she is a victim of identity theft knew or, in the exercise of reasonable diligence, should have known of the existence of facts which would give rise to the bringing of the action or joinder of the defendant. (Added by Stats. 2001, Ch. 354, Sec. 21. Effective January 1, 2002.)
  82. 1798.97.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.3. IDENTITY THEFT [1798.92 - 1798.97] ( Title 1.81.3 added by Stats. 2001, Ch. 354, Sec. 21. )

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    This section limits the title’s scope for certain transactions and preserves other rights and 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 1.81.3. IDENTITY THEFT [1798.92 - 1798.97] ( Title 1.81.3 added by Stats. 2001, Ch. 354, Sec. 21. ) ## 1798.97. (a) This title does not apply to a transaction subject to Section 1747.10. (b) Nothing is this title shall be construed to affect a claimant’s rights and remedies against a person who perpetrates identity theft or against any person who used or possessed the credit, goods, services, or property obtained by identity theft. (c) This title is cumulative to the rights and remedies provided under other laws. (Added by Stats. 2001, Ch. 354, Sec. 21. Effective January 1, 2002.)
  83. 1798.97.1.

    ## 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 1.81.35. Coerced Debt [1798.97.1 - 1798.97.6] ( Title 1.81.35 added by Stats. 2022, Ch. 989, Sec. 2. )

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    This section defines terms used in the Coerced Debt title and sets out what counts as adequate documentation and sworn written certification.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.35. Coerced Debt [1798.97.1 - 1798.97.6] ( Title 1.81.35 added by Stats. 2022, Ch. 989, Sec. 2. ) ## 1798.97.1. For purposes of this title, the following definitions apply: (a) “Adequate documentation” means documentation that identifies a particular debt, or portion thereof, as coerced debt, describes the circumstances under which the coerced debt was incurred, and takes the form of any of the following: (1) A police report. (2) A Federal Trade Commission identity theft report identifying a particular debt, or portion thereof, as coerced, but not as identity theft. (3) A court order issued pursuant to Section 6340 of the Family Code relating to domestic violence, Section 213.5 of the Welfare and Institutions Code relating to a dependent or ward of the juvenile court, or Section 15657.03 of the Welfare and Institutions Code relating to elder or dependent adult abuse. (4) (A) A sworn written certification from a qualified third-party professional based on information they received while acting in a professional capacity. (B) The documentation described by subparagraph (A) shall be signed by a qualified third-party professional and display the letterhead, address, and telephone number of the office, institution, center, or organization, as appropriate, that engages or employs, whether financially compensated or not, the qualified third-party professional, or, if the qualified third-party professional is self-employed, the documentation shall display the letterhead, address, and telephone number of the qualified third-party professional. (b) “Claim” means a right to payment, whether or not that right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, or equitable. (c) (1) “Claimant” means a person or an entity who has or purports to have a claim against a debtor arising from coerced debt, or that person’s or entity’s successor or assignee. “Claimant” includes, but is not limited to, a debt collector or a debt buyer. (2) Notwithstanding paragraph (1), “claimant” shall not include a person who caused the claim described in paragraph (1) to arise through duress, intimidation, threat of force, force, fraud, or undue influence perpetrated against the debtor. (d) “Coerced debt” means a particular debt, or portion thereof, for personal, family, or household use in the name of a debtor who is a victim of domestic violence, or a victim of elder or dependent adult abuse, or a person who is a foster youth, incurred as a result of duress, intimidation, threat of force, force, fraud, or undue influence. (1) For purposes of this subdivision, “domestic violence” has the same meaning as in Section 6211 of the Family Code. (2) For the purposes of this subdivision, “foster youth” has the same meaning as in Section 42238.01 of the Education Code. (3) For the purposes of this subdivision, “dependent adult” has the same meaning as in Section 15610.23 of the Welfare and Institutions Code. (4) For the purposes of this subdivision, “elder” has the same meaning as in Section 15610.27 of the Welfare and Institutions Code. (e) “Debtor” means a person who owes or is otherwise liable for coerced debt. (f) “Fraud” means an initial fraudulent act that is perpetrated against the debtor. (g) “Immediate family member” has the same meaning as defined in paragraph (3) of subdivision (h) of Section 1946.7. (h) “Person” means a natural person. (i) “Qualified third-party professional” means any of the following: (1) A domestic violence counselor, as defined in Section 1037.1 of the Evidence Code. (2) A sexual assault counselor, as defined in Section 1035.2 of the Evidence Code. (3) A Court-Appointed Special Advocate, as defined in Section 101 of the Welfare and Institutions Code. (4) A court-appointed attorney, as defined in subdivision (e) of Section 317 of the Welfare and Institutions Code. (5) A board certified psychiatrist or psychologist. (6) A licensed marriage and family therapist. (7) A licensed professional clinical counselor. (8) A licensed clinical social worker. (9) A social worker or caseworker employed by an adult protective service agency for the purposes described in Chapter 13 (commencing with Section 15750) of Part 3 of Division 9 of the Welfare and Institutions Code. (10) A social worker who has completed the child welfare training program described in Article 2 (commencing with Section 16205) of Chapter 3 of Part 4 of Division 9 of the Welfare and Institutions Code. (j) (1) “Sworn written certification” means a document in which the author declares under penalty of perjury as true any material fact, and which is accompanied by the following, to the extent that an item listed below is relevant to the debtor’s allegation that the debt is coerced debt: (A) A copy of the debtor’s driver’s license or identification card, as issued by the state. (B) Any other identification document that supports the statement that the particular debt, or portion thereof, is coerced debt. (C) An express statement that the debtor did not willingly authorize the use of the debtor’s name or personal information for incurring the coerced debt, and specific facts supporting the claim of coerced debt, if available, and, if not all of the debt was coerced, a statement identifying the portion thereof that was coerced. (D) Any available correspondence disputing the coerced debt after transaction information has been provided to the debtor. (E) Information, if known by the debtor, including, but not limited to, a credit card number or loan number, that can be used by the claimant to identify the account associated with the coerced debt and the person or persons in whose name the debt was incurred. (F) The identity of the person or persons who coerced the debtor into incurring the debt and contact information for that person or persons, if known by the debtor, unless the debtor signs a sworn statement that disclosing this information is likely to result in abuse, as defined in Section 6203 of the Family Code, to the debtor or an immediate family member of the debtor. (G) A telephone number for contacting the person signing the certification concerning any additional information or questions, or direction that further communications to the debtor be in writing only, with the mailing address specified in the statement. (2) The certification required by this subdivision shall be sufficient if it is in substantially the following form: “I declare under penalty of perjury that the representations made herein are true, correct, and contain no material omissions of fact. _______(Date and Place)________ _______(Signature)________” (Added by Stats. 2022, Ch. 989, Sec. 2. (SB 975) Effective January 1, 2023.)
  84. 1798.97.2.

    ## 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 1.81.35. Coerced Debt [1798.97.1 - 1798.97.6] ( Title 1.81.35 added by Stats. 2022, Ch. 989, Sec. 2. )

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    A person must not cause another person to incur coerced debt. If a debtor says a debt is coerced debt and supplies the required documents, the claimant must stop collection during review, follow notice steps, and report disputed debt information to credit bureaus within set 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 1.81.35. Coerced Debt [1798.97.1 - 1798.97.6] ( Title 1.81.35 added by Stats. 2022, Ch. 989, Sec. 2. ) ## 1798.97.2. (a) A person shall not cause another person to incur a coerced debt. A person who causes another person to incur a coerced debt in violation of this subdivision shall be civilly liable to the claimant for the amount of the debt, or portion thereof, determined by a court to be coerced debt, plus the claimant’s attorney’s fees and costs. (b) Upon receipt of both of the following, a claimant shall cease collection activities until completion of the review provided in subdivision (d): (1) Adequate documentation. (2) The debtor’s sworn written certification that a particular debt, or portion thereof, being collected is coerced debt. (c) If a debtor notifies a claimant orally that a particular debt, or portion thereof, being collected is coerced debt, the claimant shall notify the debtor, orally or in writing, that the debtor’s notification must be in writing. If a debtor notifies a claimant in writing that a particular debt, or portion thereof, being collected is coerced debt, but omits information required by subdivision (b), and if the claimant does not cease collection activities, the claimant shall provide written notice to the debtor of the additional information that is required. (d) (1) Within 10 business days of receiving the complete statement and information described in subdivision (b), the claimant shall, if the claimant furnished adverse information about the debtor to a consumer credit reporting agency, notify the consumer credit reporting agency that the account is disputed. (2) The claimant shall initiate a review considering all of the information provided by the debtor and other information available to the claimant in its file. (3) Within 10 business days of completing the review, the claimant shall notify the debtor in writing of the claimant’s determination and the good faith basis for that determination. (4) The claimant shall not recommence collection activities until the debtor has been notified in writing of the good faith determination that the information does not establish that the particular debt, or portion thereof, is coerced debt. (e) No inference or presumption that the debt is valid or invalid, or that the debtor is liable or not liable for the particular debt, or portion thereof, shall arise if the claimant decides after the review described in subdivision (d) to cease or recommence collection activities. The exercise or nonexercise of rights under this section is not a waiver of any other right or defense of the debtor or claimant. (f) (1) At least 30 days before filing an action pursuant to paragraph (2) of subdivision (a) of Section 1798.97.3 or other action against a claimant in connection with an allegedly coerced debt, a debtor shall submit notice of the debtor’s intent to file an action against the claimant and documents that comply with subdivision (b) in writing to the claimant. (2) The written notice described in paragraph (1) shall be sent by certified mail, overnight delivery, or other method that allows for confirmation of the delivery date. (3) The written notice described in paragraph (1) shall be sent to an address made available to the debtor by the claimant for receipt of the notice, or, if an address has not been identified by the claimant, to the claimant’s principal place of business as identified by the Secretary of State. If an address is unavailable through the Secretary of State’s website, the debtor may use the correspondence address of the claimant, or in the case of a debt collector, the address on file with the Department of Financial Protection and Innovation for licensing purposes. (4) (A) The debtor shall not commence an action described in subdivision (a) of Section 1798.97.3 or other action against a claimant in connection with an allegedly coerced debt if the claimant informs the debtor that it has ceased all efforts to collect on the particular debt, or portion thereof, identified in the written notice pursuant to paragraph (1) and the debtor receives written notice of this cessation before the expiration of the 30-day period. (B) The debtor may commence an action described in subdivision (a) of Section 1798.97.3 or other action against a claimant in connection with an allegedly coerced debt if either of the following conditions is satisfied: (i) The 30-day period described in paragraph (1) expires and the collection activities have not ceased or the debtor has not received written notice that collection activities have ceased. (ii) The debtor receives written notice pursuant to paragraph (4) of subdivision (d) of the claimant’s good faith determination that the information does not establish that the particular debt, or portion thereof, is coerced debt. (5) For purposes of this subdivision, the 30-day period shall begin to run when the claimant receives the written notice. (g) A claimant that ceases collection activities under this section and does not recommence those collection activities shall do both of the following: (1) If the claimant has furnished adverse information to a consumer credit reporting agency regarding the debtor and a particular debt, or portion thereof, notify the agency to delete that information no later than 10 business days after making its determination. (2) If the claimant is a debt collector, notify the creditor no later than 10 business days after making its determination that collection activities have been terminated based upon the debtor’s assertion that a particular debt, or portion thereof, being collected is coerced debt. (h) A claimant that has possession of documents that the debtor is entitled to request from a creditor pursuant to Section 530.8 of the Penal Code may provide those documents to the debtor. (Added by Stats. 2022, Ch. 989, Sec. 2. (SB 975) Effective January 1, 2023.)
  85. 1798.97.3.

    ## 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 1.81.35. Coerced Debt [1798.97.1 - 1798.97.6] ( Title 1.81.35 added by Stats. 2022, Ch. 989, Sec. 2. )

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    This section lets a debtor challenge a debt as coerced debt and seek court relief if proven by a preponderance of the evidence.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.35. Coerced Debt [1798.97.1 - 1798.97.6] ( Title 1.81.35 added by Stats. 2022, Ch. 989, Sec. 2. ) ## 1798.97.3. (a) (1) A debtor may bring an action against a claimant to establish that a particular debt, or portion thereof, is coerced debt. (2) In an action brought by a claimant to recover a particular debt against the debtor, the debtor may file a cross-complaint to establish that the particular debt, or portion thereof, is coerced debt. The notice described in subdivision (f) of Section 1798.97.2 shall not be required as a prerequisite to filing a cross-complaint. (3) A debtor shall plead the allegations of coerced debt with particularity and shall do either of the following: (A) Attach the documents provided to the claimant pursuant to subdivision (b) of Section 1798.97.2 to any complaint. (B) Attach the documents identified in subdivision (b) of Section 1798.97.2 to any cross-complaint. (b) If the debtor establishes by a preponderance of the evidence in an action described in subdivision (a) that the particular debt, or portion thereof, is coerced debt, the debtor shall be entitled to the following relief: (1) A declaratory judgment that the debtor is not obligated to the claimant on the particular debt, or portion thereof, that is coerced debt. (2) An injunction prohibiting the claimant from holding or attempting to hold the debtor personally liable on the particular debt, or portion thereof, that is coerced debt, and prohibiting the claimant from enforcing a judgment related to the particular debt, or portion thereof, that is coerced debt against the debtor. (3) An order dismissing any cause of action brought by the claimant to enforce or collect on the particular debt from the debtor or, if only a portion of the debt is established as coerced debt, an order directing that the complaint and judgment, if any, in the action be amended to reflect only the portion of the particular debt that is not coerced debt. (c) (1) If the debtor establishes by a preponderance of the evidence in an action described in subdivision (a) that the particular debt, or portion thereof, is coerced debt, the court shall issue a judgment in favor of the claimant against the person or persons who coerced the debtor into incurring the debt in the amount of the debt, or portion thereof, that is coerced debt, provided that the person or persons who coerced the debtor into incurring the debt or debts has been brought within the jurisdiction of the court and joined as a party to the action and the evidence supports such a judgment. (2) The court presiding over the action shall take appropriate steps necessary to prevent abuse, as defined in Section 6203 of the Family Code, of the debtor or an immediate family member of the debtor, including, but not limited to, sealing court records, redacting personally identifiable information about the debtor and any immediate family member of the debtor, and directing that any deposition or evidentiary hearing be conducted remotely. (d) A debtor who files knowingly false motions, pleadings, or other papers or engages in other tactics that are frivolous or intended to cause unnecessary delay against a claimant shall be liable for the claimant’s attorney’s fees and costs in defending the lawsuit. (e) The claimant may move the court to make written findings regarding evidence related to the person who caused the coerced debt to be incurred. (f) Where some or all of a claim is established as having arisen from coerced debt, a claimant shall have standing, and may use all rights and remedies, to collect by any lawful means that claim, or portion thereof, from the person or persons determined to have coerced the debt, or against a person who used or possessed money, goods, services, or property obtained through coerced debt. (g) The statute of limitations for a claimant to bring an action to collect coerced debt from any person determined to have coerced the debt shall run from the date of the court’s determination that the person caused the duress, intimidation, threat of force, force, fraud, or undue influence giving rise to the coerced debt at issue and shall be brought within five years of that determination. (Added by Stats. 2022, Ch. 989, Sec. 2. (SB 975) Effective January 1, 2023.)
  86. 1798.97.4.

    ## 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 1.81.35. Coerced Debt [1798.97.1 - 1798.97.6] ( Title 1.81.35 added by Stats. 2022, Ch. 989, Sec. 2. )

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    This section limits the title’s scope and preserves certain rights: it does not apply to secured debts, does not force refunds by court order, and does not reduce other rights or defenses.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.35. Coerced Debt [1798.97.1 - 1798.97.6] ( Title 1.81.35 added by Stats. 2022, Ch. 989, Sec. 2. ) ## 1798.97.4. (a) This title does not apply to secured debts. (b) This title does not require a court to order a claimant to refund any moneys already paid on a debt that is determined to be coerced. (c) This title does not diminish the rights of a claimant to recover payment for a coerced debt from the person or persons who coerced a debtor into incurring that debt. (d) This title does not reduce or eliminate any other rights or defenses available to a debtor or claimant pursuant to any other law. (Added by Stats. 2022, Ch. 989, Sec. 2. (SB 975) Effective January 1, 2023.)
  87. 1798.97.5.

    ## 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 1.81.35. Coerced Debt [1798.97.1 - 1798.97.6] ( Title 1.81.35 added by Stats. 2022, Ch. 989, Sec. 2. )

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    This title generally applies only to debts incurred on or after July 1, 2023, but a debtor can still file a specified cross-complaint in an older-debt collection action, which makes the title apply to that action unless final judgment has already been entered.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.35. Coerced Debt [1798.97.1 - 1798.97.6] ( Title 1.81.35 added by Stats. 2022, Ch. 989, Sec. 2. ) ## 1798.97.5. (a) Except as set forth in subdivision (b), this title applies only to debts incurred on or after July 1, 2023. (b) Notwithstanding subdivision (a), a debtor may file a cross-complaint described by paragraph (2) of subdivision (a) of Section 1798.97.3 in an action filed by a claimant to collect a debt incurred prior to July 1, 2023, in which case, this title applies to that action, unless a final judgment has been entered in that action. (Added by Stats. 2022, Ch. 989, Sec. 2. (SB 975) Effective January 1, 2023.)
  88. 1798.97.6.

    ## 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 1.81.35. Coerced Debt [1798.97.1 - 1798.97.6] ( Title 1.81.35 added by Stats. 2022, Ch. 989, Sec. 2. )

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    If part of this title is invalid, the rest still applies 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 1.81.35. Coerced Debt [1798.97.1 - 1798.97.6] ( Title 1.81.35 added by Stats. 2022, Ch. 989, Sec. 2. ) ## 1798.97.6. If any provision of this title or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this title that can be given effect without the invalid provision or application, and to this end the provisions of this title are severable. (Added by Stats. 2022, Ch. 989, Sec. 2. (SB 975) Effective January 1, 2023.)
  89. 1798.98.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.4. PRIVACY OF CUSTOMER ELECTRICAL OR NATURAL GAS USAGE DATA [1798.98 - 1798.99] ( Title 1.81.4 added by Stats. 2013, Ch. 597, Sec. 1. )

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    Businesses generally may not share customer usage data with third parties without express customer consent and clear disclosure, and they must protect and properly dispose of the data.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.4. PRIVACY OF CUSTOMER ELECTRICAL OR NATURAL GAS USAGE DATA [1798.98 - 1798.99] ( Title 1.81.4 added by Stats. 2013, Ch. 597, Sec. 1. ) ## 1798.98. (a) For the purposes of this title, the following definitions shall apply: (1) “Business” means a sole proprietorship, partnership, corporation, association, or other group, however organized and whether or not organized to operate at a profit, including a financial institution organized, chartered, or holding a license or authorization certificate under the law of this state, any other state, the United States, or of any other country, or the parent or the subsidiary of a financial institution. (2) “Customer” means a customer of an electrical or gas corporation or a local publicly owned electric utility that permits a business to have access to data in association with purchasing or leasing a product or obtaining a service from the business. (3) “Data” means a customer’s electrical or natural gas usage that is made available to the business as part of an advanced metering infrastructure provided by an electrical corporation, a gas corporation, or a local publicly owned electric utility, and includes the name, account number, or physical address of the customer. (4) “Electrical corporation” has the same meaning as in Section 218 of the Public Utilities Code. (5) “Gas corporation” has the same meaning as in Section 222 of the Public Utilities Code. (6) “Local publicly owned electric utility” has the same meaning as in Section 224.3 of the Public Utilities Code. (b) Unless otherwise required or authorized by federal or state law, a business shall not share, disclose, or otherwise make accessible to any third party a customer’s data without obtaining the express consent of the customer and conspicuously disclosing to whom the disclosure will be made and how the data will be used. (c) A business that discloses data, with the express consent of the customer, pursuant to a contract with a nonaffiliated third party, shall require by contract that the third party implement and maintain reasonable security procedures and practices appropriate to the nature of the information, to protect the data from unauthorized access, destruction, use, modification, or disclosure. (d) A business shall implement and maintain reasonable security procedures and practices appropriate to the nature of the information to protect the data from unauthorized access, destruction, use, modification, or disclosure. (e) A business shall not provide an incentive or discount to the customer for accessing the data without the prior consent of the customer. (f) A business shall take all reasonable steps to dispose, or arrange for the disposal, of customer data within its custody or control when the records are no longer to be retained by the business by (1) shredding, (2) erasing, or (3) otherwise modifying the data in those records to make it unreadable or undecipherable through any means. (g) The provisions of this section do not apply to an electrical corporation, a gas corporation, or a local publicly owned electric utility or a business that secures the data as a result of a contract with an electrical or gas corporation or a local publicly owned electric utility under the provisions of subdivision (f) of Section 8380 or subdivision (f) of 8381 of the Public Utilities Code. (Amended by Stats. 2020, Ch. 188, Sec. 1. (AB 2788) Effective January 1, 2021.)
  90. 1798.99.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.4. PRIVACY OF CUSTOMER ELECTRICAL OR NATURAL GAS USAGE DATA [1798.98 - 1798.99] ( Title 1.81.4 added by Stats. 2013, Ch. 597, Sec. 1. )

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    A harmed customer may sue for actual damages for unauthorized or unlawful release/use of customer data, capped at $500 for each willful 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 1.81.4. PRIVACY OF CUSTOMER ELECTRICAL OR NATURAL GAS USAGE DATA [1798.98 - 1798.99] ( Title 1.81.4 added by Stats. 2013, Ch. 597, Sec. 1. ) ## 1798.99. (a) A customer harmed by the release or unauthorized use of his or her customer data, in violation of Section 1798.98, may bring a civil action to recover actual damages in an amount not to exceed five hundred dollars ($500) for each willful violation. (b) The rights, remedies, and penalties established by this title are in addition to the rights, remedies, or penalties established under any other law. (c) Nothing in this title shall abrogate any authority of the Attorney General to enforce existing law. (Added by Stats. 2013, Ch. 597, Sec. 1. (AB 1274) Effective January 1, 2014.)
  91. 1798.99.1.

    ## 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 1.81.45. The Parent’s Accountability and Child Protection Act [1798.99.1- 1798.99.1.] ( Title 1.81.45 added by Stats. 2018, Ch. 872, Sec. 1. )

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    Businesses selling certain age-restricted products or services in California must take reasonable steps to verify the buyer’s age and must not use age-verification information for other 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 1.81.45. The Parent’s Accountability and Child Protection Act [1798.99.1- 1798.99.1.] ( Title 1.81.45 added by Stats. 2018, Ch. 872, Sec. 1. ) ## 1798.99.1. (a) (1) A person or business that conducts business in California, and that seeks to sell any product or service in or into California that is illegal under state law to sell to a minor, as described in subdivisions (b) and (c), shall, notwithstanding any general term or condition, take reasonable steps to ensure that the purchaser is of legal age at the time of purchase or delivery, including, but not limited to, verifying the age of the purchaser. (2) Reasonable steps as used in paragraph (1) for the purchase of items described in subdivision (b) include, but are not limited to, any of the following: (A) Requiring the purchaser or recipient to input, scan, provide, or display a government-issued identification, provided that the person or business complies with all laws governing the retention, use, and disclosure of personally identifiable information, including, but not limited to, subdivision (a) of Section 1749.65, paragraphs (3) to (7), inclusive, of subdivision (b) of, and subdivisions (c) to (f), inclusive, of, Section 1798.90, paragraph (1) of subdivision (a) of Section 1798.90.1, Sections 1798.29, 1798.81.5, and 1798.82, and Sections 22575 to 22579, inclusive, of the Business and Professions Code. (B) Requiring the purchaser to use a nonprepaid credit card for an online purchase. (C) Implementing a system that restricts individuals with accounts designated as minor accounts from purchasing the products listed in subdivision (b). (D) Shipping the product or service to an individual who is of legal age. (3) Reasonable steps as used in paragraph (1) for the purchase of items described in subdivision (c) include, but are not limited to, any of the following: (A) Requiring the purchaser or recipient to input, scan, provide, or display a government-issued identification, provided that the person or business complies with all laws governing the retention, use, and disclosure of personally identifiable information, including, but not limited to, subdivision (a) of Section 1749.65, paragraphs (3) to (7), inclusive, of subdivision (b) of, and subdivisions (c) to (f), inclusive, of, Section 1798.90, paragraph (1) of subdivision (a) of Section 1798.90.1, Sections 1798.29, 1798.81.5, and 1798.82, and Sections 22575 to 22579, inclusive, of the Business and Professions Code. (B) Shipping the product or service to an individual who is of legal age. (4) Reasonable steps as used in paragraph (1) shall not include consent obtained through the minor. (5) A seller’s reasonable and good faith reliance on bona fide evidence of the purchaser or recipient’s age shall constitute an affirmative defense to any action under this subdivision. (6) A person or business required to comply with this section shall not retain, use, or disclose any information it receives from a purchaser or recipient in an effort to verify age pursuant to this section for any purpose other than as required to comply with, or as needed to demonstrate compliance with, this section, California law, or a state or federal court order. (b) Products or services that are illegal to sell to a minor under state law that are subject to subdivision (a) include all of the following: (1) An aerosol container of paint that is capable of defacing property, as referenced in Section 594.1 of the Penal Code. (2) Etching cream that is capable of defacing property, as referenced in Section 594.1 of the Penal Code. (3) Dangerous fireworks, as referenced in Sections 12505 and 12689 of the Health and Safety Code. (4) Tanning in an ultraviolet tanning device, as referenced in Sections 22702 and 22706 of the Business and Professions Code. (5) Dietary supplement products containing ephedrine group alkaloids, as referenced in Section 110423.2 of the Health and Safety Code. (6) Body branding, as referenced in Sections 119301 and 119302 of the Health and Safety Code. (c) Products or services that are illegal to sell to a minor under state law that are subject to subdivision (a) include all of the following: (1) Firearms or handguns, as referenced in Sections 16520, 16640, and 27505 of the Penal Code. (2) A BB device, as referenced in Sections 16250 and 19910 of the Penal Code. (3) Ammunition or reloaded ammunition, as referenced in Sections 16150 and 30300 of the Penal Code. (4) Any tobacco, cigarette, cigarette papers, blunt wraps, any other preparation of tobacco, any other instrument or paraphernalia that is designed for the smoking or ingestion of tobacco, products prepared from tobacco, or any controlled substance, as referenced in Division 8.5 (commencing with Section 22950) of the Business and Professions Code, and Sections 308, 308.1, 308.2, and 308.3 of the Penal Code. (5) Electronic cigarettes, as referenced in Section 119406 of the Health and Safety Code. (6) A less lethal weapon, as referenced in Sections 16780 and 19405 of the Penal Code. (d) In an action brought by a public prosecutor, a business or person that violates this section shall be subject to a civil penalty not exceeding seven thousand five hundred dollars ($7,500) for each violation. (e) The provisions of this section do not apply to a business that is regulated by state or federal law providing greater protection to personal information or requiring greater age verification than provided by this section in regard to the subjects addressed by this section. Compliance with state or federal law shall be deemed compliance with this section with regard to those subjects. This subdivision does not relieve a business from a duty to comply with any other requirements of other state and federal law regarding the protection and privacy of personal information or age verification. (f) For purposes of this section, a government-issued identification means any of the following: (1) A document issued by a federal, state, county, or municipal government, or subdivision or agency thereof, including, but not limited to, an identification card or a valid motor vehicle operator’s license, including licenses or identification cards issued pursuant to Section 12801.9 of the Vehicle Code, that contains the name, date of birth, description, and picture of the person. (2) A valid passport issued by the United States or by a foreign government. (3) A valid identification card issued to a member of the United States Armed Forces that includes the date of birth and picture of the person. (4) A valid consular identification document. (5) An identification card issued by a federally recognized tribal government. (g) This section shall become operative on January 1, 2020. (Amended by Stats. 2022, Ch. 482, Sec. 1. (AB 1766) Effective January 1, 2023.)
  92. 1798.99.20.

    ## 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 1.81.46. Online Violence Prevention Act [1798.99.20 - 1798.99.23] ( Title 1.81.46 added by Stats. 2022, Ch. 881, Sec. 1. )

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    This section defines terms used in the Online Violence Prevention Act, including “content,” “social media platform,” “user,” and “violent post.”

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.46. Online Violence Prevention Act [1798.99.20 - 1798.99.23] ( Title 1.81.46 added by Stats. 2022, Ch. 881, Sec. 1. ) ## 1798.99.20. For purposes of this section: (a) (1) “Content” means statements or comments made by users and media that are created, posted, shared, or otherwise interacted with by users on an internet-based service or application. (2) “Content” does not include media put on a service or application exclusively for the purpose of cloud storage, transmitting files, or file collaboration. (b) “Social media platform” means a public or semipublic internet-based service or application that has users in California and that meets both of the following criteria: (1) (A) A substantial function of the service or application is to connect users in order to allow users to interact socially with each other within the service or application. (B) A service or application that provides email or direct messaging services shall not be considered to meet this criterion on the basis of that function alone. (2) The service or application allows users to do all of the following: (A) Construct a public or semipublic profile for purposes of signing into and using the service or application. (B) Populate a list of other users with whom an individual shares a social connection within the system. (C) Create or post content viewable by other users, including, but not limited to, on message boards, in chat rooms, or through a landing page or main feed that presents the user with content generated by other users. (c) “Public or semipublic internet-based service or application” does not include a service or application used to facilitate communication with a business or enterprise among employees or affiliates of the business or enterprise, provided that access to the service or application is restricted to employees or affiliates of the business or enterprise using the service or application. (d) “User” means a person with an account on a social media platform. (e) “Violent post” means content on a social media platform that contains a true threat against a specific person that is not protected by the First Amendment to the United States Constitution. (Added by Stats. 2022, Ch. 881, Sec. 1. (SB 1056) Effective January 1, 2023.)
  93. 1798.99.21.

    ## 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 1.81.46. Online Violence Prevention Act [1798.99.20 - 1798.99.23] ( Title 1.81.46 added by Stats. 2022, Ch. 881, Sec. 1. )

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    A social media platform must clearly state whether it has a way for users and nonusers to report violent posts, and if it does, include a link to that reporting mechanism.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.46. Online Violence Prevention Act [1798.99.20 - 1798.99.23] ( Title 1.81.46 added by Stats. 2022, Ch. 881, Sec. 1. ) ## 1798.99.21. (a) A social media platform shall clearly and conspicuously state whether it has a mechanism for reporting violent posts that is available to users and nonusers of the platform. (b) If the social media platform has a reporting mechanism, the statement required by this subdivision shall include a link to the reporting mechanism. (Added by Stats. 2022, Ch. 881, Sec. 1. (SB 1056) Effective January 1, 2023.)
  94. 1798.99.22.

    ## 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 1.81.46. Online Violence Prevention Act [1798.99.20 - 1798.99.23] ( Title 1.81.46 added by Stats. 2022, Ch. 881, Sec. 1. )

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    People targeted by a violent post may ask a court to order removal of the post, but timing and notice rules 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 1.81.46. Online Violence Prevention Act [1798.99.20 - 1798.99.23] ( Title 1.81.46 added by Stats. 2022, Ch. 881, Sec. 1. ) ## 1798.99.22. (a) (1) (A) A person who is the target of a violent post, or reasonably believes the person is the target of a violent post, may seek an order requiring the social media platform to remove the violent post and any related violent post the court determines shall be removed in the interests of justice. (B) (i) A person may bring an action pursuant to this paragraph before 48 hours have passed since providing notice to a social media platform pursuant to paragraph (2), but the court shall not rule on the request for an order until 48 hours have passed from the provision of notice. (ii) The court may dismiss an action described by clause (i) if the social media platform deletes the post before 48 hours have passed from the provision of notice. (C) Except as provided in subparagraph (D), a person may bring an action pursuant to this paragraph at any time, and the court may rule on the request at any time, if the social media platform does not have a reporting mechanism described in Section 1798.99.21. (D) A person shall not bring an action pursuant to this paragraph, nor shall a court issue an order requiring a social medial platform to remove a violent post or any related violent post, based upon content containing a true threat against a specific person if the date and time when the true threat that was threatened to occur has passed. (2) If the social media platform has a reporting mechanism described in Section 1798.99.21, a person shall not bring an action pursuant to paragraph (1) until the person has notified the social media platform of the violent post and requested that it be removed through the reporting mechanism. (b) (1) A court shall award court costs and reasonable attorney’s fees to a prevailing plaintiff in an action brought pursuant to this section. (2) Reasonable attorney’s fees may be awarded to a prevailing defendant upon a finding by the court that the plaintiff’s prosecution of the action was not in good faith. (Added by Stats. 2022, Ch. 881, Sec. 1. (SB 1056) Effective January 1, 2023.)
  95. 1798.99.23.

    ## 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 1.81.46. Online Violence Prevention Act [1798.99.20 - 1798.99.23] ( Title 1.81.46 added by Stats. 2022, Ch. 881, Sec. 1. )

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    This title does not apply to social media platforms with fewer than 1,000,000 discrete monthly users.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.46. Online Violence Prevention Act [1798.99.20 - 1798.99.23] ( Title 1.81.46 added by Stats. 2022, Ch. 881, Sec. 1. ) ## 1798.99.23. This title does not apply to a social media platform with fewer than 1,000,000 discrete monthly users. (Added by Stats. 2022, Ch. 881, Sec. 1. (SB 1056) Effective January 1, 2023.)
  96. 1798.99.28.

    ## 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 1.81.47. The California Age-Appropriate Design Code Act [1798.99.28 - 1798.99.40] ( Title 1.81.47 added by Stats. 2022, Ch. 320, Sec. 2. )

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    This title is known and may be cited as the California Age-Appropriate Design Code 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 1.81.47. The California Age-Appropriate Design Code Act [1798.99.28 - 1798.99.40] ( Title 1.81.47 added by Stats. 2022, Ch. 320, Sec. 2. ) ## 1798.99.28. This title shall be known, and may be cited, as the California Age-Appropriate Design Code Act. (Added by Stats. 2022, Ch. 320, Sec. 2. (AB 2273) Effective January 1, 2023.)
  97. 1798.99.29.

    ## 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 1.81.47. The California Age-Appropriate Design Code Act [1798.99.28 - 1798.99.40] ( Title 1.81.47 added by Stats. 2022, Ch. 320, Sec. 2. )

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    This section says businesses offering online services, products, or features that children are likely to access should consider children’s best interests, and if there is a conflict, they should put children’s privacy, safety, and well-being ahead of commercial interests.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.47. The California Age-Appropriate Design Code Act [1798.99.28 - 1798.99.40] ( Title 1.81.47 added by Stats. 2022, Ch. 320, Sec. 2. ) ## 1798.99.29. The Legislature declares that children should be afforded protections not only by online products and services specifically directed at them but by all online products and services they are likely to access and makes the following findings: (a) Businesses that develop and provide online services, products, or features that children are likely to access should consider the best interests of children when designing, developing, and providing that online service, product, or feature. (b) If a conflict arises between commercial interests and the best interests of children, companies should prioritize the privacy, safety, and well-being of children over commercial interests. (Added by Stats. 2022, Ch. 320, Sec. 2. (AB 2273) Effective January 1, 2023.)
  98. 1798.99.30.

    ## 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 1.81.47. The California Age-Appropriate Design Code Act [1798.99.28 - 1798.99.40] ( Title 1.81.47 added by Stats. 2022, Ch. 320, Sec. 2. )

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    This section defines key terms used in the title, including child, data protection impact assessment, default, likely to be accessed by children, online service/product/feature, and profiling.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.47. The California Age-Appropriate Design Code Act [1798.99.28 - 1798.99.40] ( Title 1.81.47 added by Stats. 2022, Ch. 320, Sec. 2. ) ## 1798.99.30. (a) For purposes of this title, the definitions in Section 1798.140 shall apply unless otherwise specified in this title. (b) For the purposes of this title: (1) “Child” or “children,” unless otherwise specified, means a consumer or consumers who are under 18 years of age. (2) “Data Protection Impact Assessment” means a systematic survey to assess and mitigate risks that arise from the data management practices of the business to children who are reasonably likely to access the online service, product, or feature at issue that arises from the provision of that online service, product, or feature. (3) “Default” means a preselected option adopted by the business for the online service, product, or feature. (4) “Likely to be accessed by children” means it is reasonable to expect, based on the following indicators, that the online service, product, or feature would be accessed by children: (A) The online service, product, or feature is directed to children as defined by the Children’s Online Privacy Protection Act (15 U.S.C. Sec. 6501 et seq.). (B) The online service, product, or feature is determined, based on competent and reliable evidence regarding audience composition, to be routinely accessed by a significant number of children. (C) An online service, product, or feature with advertisements marketed to children. (D) An online service, product, or feature that is substantially similar or the same as an online service, product, or feature subject to subparagraph (B). (E) An online service, product, or feature that has design elements that are known to be of interest to children, including, but not limited to, games, cartoons, music, and celebrities who appeal to children. (F) A significant amount of the audience of the online service, product, or feature is determined, based on internal company research, to be children. (5) “Online service, product, or feature” does not mean any of the following: (A) A broadband internet access service, as defined in Section 3100. (B) A telecommunications service, as defined in Section 153 of Title 47 of the United States Code. (C) The delivery or use of a physical product. (6) “Profiling” means any form of automated processing of personal information that uses personal information to evaluate certain aspects relating to a natural person, including analyzing or predicting aspects concerning a natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements. (Added by Stats. 2022, Ch. 320, Sec. 2. (AB 2273) Effective January 1, 2023.)
  99. 1798.99.31.

    ## 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 1.81.47. The California Age-Appropriate Design Code Act [1798.99.28 - 1798.99.40] ( Title 1.81.47 added by Stats. 2022, Ch. 320, Sec. 2. )

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    Businesses offering online services, products, or features likely to be accessed by children must follow child-focused privacy safeguards, including assessments, reporting, and strict limits on data use.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.47. The California Age-Appropriate Design Code Act [1798.99.28 - 1798.99.40] ( Title 1.81.47 added by Stats. 2022, Ch. 320, Sec. 2. ) ## 1798.99.31. (a) A business that provides an online service, product, or feature likely to be accessed by children shall take all of the following actions: (1) (A) Before any new online services, products, or features are offered to the public, complete a Data Protection Impact Assessment for any online service, product, or feature likely to be accessed by children and maintain documentation of this assessment as long as the online service, product, or feature is likely to be accessed by children. A business shall biennially review all Data Protection Impact Assessments. (B) The Data Protection Impact Assessment required by this paragraph shall identify the purpose of the online service, product, or feature, how it uses children’s personal information, and the risks of material detriment to children that arise from the data management practices of the business. The Data Protection Impact Assessment shall address, to the extent applicable, all of the following: (i) Whether the design of the online product, service, or feature could harm children, including by exposing children to harmful, or potentially harmful, content on the online product, service, or feature. (ii) Whether the design of the online product, service, or feature could lead to children experiencing or being targeted by harmful, or potentially harmful, contacts on the online product, service, or feature. (iii) Whether the design of the online product, service, or feature could permit children to witness, participate in, or be subject to harmful, or potentially harmful, conduct on the online product, service, or feature. (iv) Whether the design of the online product, service, or feature could allow children to be party to or exploited by a harmful, or potentially harmful, contact on the online product, service, or feature. (v) Whether algorithms used by the online product, service, or feature could harm children. (vi) Whether targeted advertising systems used by the online product, service, or feature could harm children. (vii) Whether and how the online product, service, or feature uses system design features to increase, sustain, or extend use of the online product, service, or feature by children, including the automatic playing of media, rewards for time spent, and notifications. (viii) Whether, how, and for what purpose the online product, service, or feature collects or processes sensitive personal information of children. (2) Document any risk of material detriment to children that arises from the data management practices of the business identified in the Data Protection Impact Assessment required by paragraph (1) and create a timed plan to mitigate or eliminate the risk before the online service, product, or feature is accessed by children. (3) Within three business days of a written request by the Attorney General, provide to the Attorney General a list of all Data Protection Impact Assessments the business has completed. (4) (A) For any Data Protection Impact Assessment completed pursuant to paragraph (1), make the Data Protection Impact Assessment available, within five business days, to the Attorney General pursuant to a written request. (B) Notwithstanding any other law, a Data Protection Impact Assessment is protected as confidential and shall be exempt from public disclosure, including under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (C) To the extent any information contained in a Data Protection Impact Assessment disclosed to the Attorney General includes information subject to attorney-client privilege or work product protection, disclosure pursuant to this paragraph shall not constitute a waiver of that privilege or protection. (5) Estimate the age of child users with a reasonable level of certainty appropriate to the risks that arise from the data management practices of the business or apply the privacy and data protections afforded to children to all consumers. (6) Configure all default privacy settings provided to children by the online service, product, or feature to settings that offer a high level of privacy, unless the business can demonstrate a compelling reason that a different setting is in the best interests of children. (7) Provide any privacy information, terms of service, policies, and community standards concisely, prominently, and using clear language suited to the age of children likely to access that online service, product, or feature. (8) If the online service, product, or feature allows the child’s parent, guardian, or any other consumer to monitor the child’s online activity or track the child’s location, provide an obvious signal to the child when the child is being monitored or tracked. (9) Enforce published terms, policies, and community standards established by the business, including, but not limited to, privacy policies and those concerning children. (10) Provide prominent, accessible, and responsive tools to help children, or if applicable their parents or guardians, exercise their privacy rights and report concerns. (b) A business that provides an online service, product, or feature likely to be accessed by children shall not take any of the following actions: (1) Use the personal information of any child in a way that the business knows, or has reason to know, is materially detrimental to the physical health, mental health, or well-being of a child. (2) Profile a child by default unless both of the following criteria are met: (A) The business can demonstrate it has appropriate safeguards in place to protect children. (B) Either of the following is true: (i) Profiling is necessary to provide the online service, product, or feature requested and only with respect to the aspects of the online service, product, or feature with which the child is actively and knowingly engaged. (ii) The business can demonstrate a compelling reason that profiling is in the best interests of children. (3) Collect, sell, share, or retain any personal information that is not necessary to provide an online service, product, or feature with which a child is actively and knowingly engaged, or as described in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (a) of Section 1798.145, unless the business can demonstrate a compelling reason that the collecting, selling, sharing, or retaining of the personal information is in the best interests of children likely to access the online service, product, or feature. (4) If the end user is a child, use personal information for any reason other than a reason for which that personal information was collected, unless the business can demonstrate a compelling reason that use of the personal information is in the best interests of children. (5) Collect, sell, or share any precise geolocation information of children by default unless the collection of that precise geolocation information is strictly necessary for the business to provide the service, product, or feature requested and then only for the limited time that the collection of precise geolocation information is necessary to provide the service, product, or feature. (6) Collect any precise geolocation information of a child without providing an obvious sign to the child for the duration of that collection that precise geolocation information is being collected. (7) Use dark patterns to lead or encourage children to provide personal information beyond what is reasonably expected to provide that online service, product, or feature to forego privacy protections, or to take any action that the business knows, or has reason to know, is materially detrimental to the child’s physical health, mental health, or well-being. (8) Use any personal information collected to estimate age or age range for any other purpose or retain that personal information longer than necessary to estimate age. Age assurance shall be proportionate to the risks and data practice of an online service, product, or feature. (c) (1) A Data Protection Impact Assessment conducted by a business for the purpose of compliance with any other law complies with this section if the Data Protection Impact Assessment meets the requirements of this title. (2) A single data protection impact assessment may contain multiple similar processing operations that present similar risks only if each relevant online service, product, or feature is addressed. (d) This section shall become operative on July 1, 2024. (Amended by Stats. 2024, Ch. 80, Sec. 21. (SB 1525) Effective January 1, 2025.)
  100. 1798.99.32.

    ## 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 1.81.47. The California Age-Appropriate Design Code Act [1798.99.28 - 1798.99.40] ( Title 1.81.47 added by Stats. 2022, Ch. 320, Sec. 2. )

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    This section creates the California Children’s Data Protection Working Group and requires it to report to the Legislature on best practices for implementing 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 1.81.47. The California Age-Appropriate Design Code Act [1798.99.28 - 1798.99.40] ( Title 1.81.47 added by Stats. 2022, Ch. 320, Sec. 2. ) ## 1798.99.32. (a) The California Children’s Data Protection Working Group is hereby created within the Office of the Attorney General to deliver a report to the Legislature, pursuant to subdivision (e), regarding best practices for the implementation of this title. (b) Working group members shall consist of Californians with expertise in at least two of the following areas: (1) Children’s data privacy. (2) Physical health. (3) Mental health and well-being. (4) Computer science. (5) Children’s rights. (c) The working group shall select a chair and a vice chair from among its members and shall consist of the following nine members: (1) Two appointees by the Governor. (2) Two appointees by the President Pro Tempore of the Senate. (3) Two appointees by the Speaker of the Assembly. (4) Two appointees by the Attorney General. (5) One appointee by the California Privacy Protection Agency. (d) The working group shall take input from a broad range of stakeholders, including from academia, consumer advocacy groups, and small, medium, and large businesses affected by data privacy policies and shall make recommendations to the Legislature on best practices regarding, at minimum, all of the following: (1) Identifying online services, products, or features likely to be accessed by children. (2) Evaluating and prioritizing the best interests of children with respect to their privacy, physical health, and mental health and well-being and evaluating how those interests may be furthered by the design, development, and implementation of an online service, product, or feature. (3) Ensuring that age assurance methods used by businesses that provide online services, products, or features likely to be accessed by children are proportionate to the risks that arise from the data management practices of the business, privacy protective, and minimally invasive. (4) Assessing and mitigating risks to children that arise from the use of an online service, product, or feature. (5) Publishing privacy information, policies, and standards in concise, clear language suited for the age of children likely to access an online service, product, or feature. (6) How the working group and the Department of Justice may leverage the substantial and growing expertise of the California Privacy Protection Agency in the long-term development of data privacy policies that affect the privacy, rights, and safety of children online. (e) On or before July 1, 2024, and every two years thereafter, the working group shall submit, pursuant to Section 9795 of the Government Code, a report to the Legislature regarding the recommendations described in subdivision (d). (f) A meeting of the members of the working group may be conducted, in whole or in part, by electronic transmission, electronic video screen communication, conference telephone, or other means of remote communication. (g) The members of the working group shall serve without compensation but shall be reimbursed for all necessary expenses actually incurred in the performance of their duties. (h) This section shall remain in effect until January 1, 2030, and as of that date is repealed. (Amended by Stats. 2023, Ch. 45, Sec. 1. (AB 127) Effective July 10, 2023. Repealed as of January 1, 2030, by its own provisions.)
  101. 1798.99.33.

    ## 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 1.81.47. The California Age-Appropriate Design Code Act [1798.99.28 - 1798.99.40] ( Title 1.81.47 added by Stats. 2022, Ch. 320, Sec. 2. )

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    A business must complete a Data Protection Impact Assessment by July 1, 2024 for online services, products, or features likely to be accessed by children and offered to the public before that date.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.47. The California Age-Appropriate Design Code Act [1798.99.28 - 1798.99.40] ( Title 1.81.47 added by Stats. 2022, Ch. 320, Sec. 2. ) ## 1798.99.33. (a) A business shall complete a Data Protection Impact Assessment on or before July 1, 2024, for any online service, product, or feature likely to be accessed by children offered to the public before July 1, 2024. (b) This section does not apply to an online service, product, or feature that is not offered to the public on or after July 1, 2024. (Added by Stats. 2022, Ch. 320, Sec. 2. (AB 2273) Effective January 1, 2023.)
  102. 1798.99.35.

    ## 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 1.81.47. The California Age-Appropriate Design Code Act [1798.99.28 - 1798.99.40] ( Title 1.81.47 added by Stats. 2022, Ch. 320, Sec. 2. )

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    Businesses that violate this title can face an injunction and civil penalties, but the Attorney General must use a civil action to recover them. A business that cures a noticed violation within 90 days and gives the required written statement is not liable for a civil penalty for that cured 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 1.81.47. The California Age-Appropriate Design Code Act [1798.99.28 - 1798.99.40] ( Title 1.81.47 added by Stats. 2022, Ch. 320, Sec. 2. ) ## 1798.99.35. (a) Any business 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) per affected child for each negligent violation or not more than seven thousand five hundred dollars ($7,500) per affected child for each intentional violation, which shall be assessed and recovered only in a civil action brought in the name of the people of the State of California by the Attorney General. (b) Any penalties, fees, and expenses recovered in an action brought under this title shall be deposited in the Consumer Privacy Fund, created within the General Fund pursuant to subdivision (a) of Section 1798.160, with the intent that they be used to fully offset costs incurred by the Attorney General in connection with this title. (c) (1) If a business is in substantial compliance with the requirements of paragraphs (1) through (4), inclusive, of subdivision (a) of Section 1798.99.31, the Attorney General shall provide written notice to the business, before initiating an action under this title, identifying the specific provisions of this title that the Attorney General alleges have been or are being violated. (2) If, within 90 days of the notice required by this subdivision, the business cures any noticed violation and provides the Attorney General a written statement that the alleged violations have been cured, and sufficient measures have been taken to prevent future violations, the business shall not be liable for a civil penalty for any violation cured pursuant to this subdivision. (d) Nothing in this title shall be interpreted to serve as the basis for a private right of action under this title or any other law. (e) The Attorney General may solicit broad public participation and adopt regulations to clarify the requirements of this title. (Added by Stats. 2022, Ch. 320, Sec. 2. (AB 2273) Effective January 1, 2023.)
  103. 1798.99.40.

    ## 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 1.81.47. The California Age-Appropriate Design Code Act [1798.99.28 - 1798.99.40] ( Title 1.81.47 added by Stats. 2022, Ch. 320, Sec. 2. )

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    This title does not apply to the information or entities described in Section 1798.145(c).

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.47. The California Age-Appropriate Design Code Act [1798.99.28 - 1798.99.40] ( Title 1.81.47 added by Stats. 2022, Ch. 320, Sec. 2. ) ## 1798.99.40. This title does not apply to the information or entities described in subdivision (c) of Section 1798.145. (Added by Stats. 2022, Ch. 320, Sec. 2. (AB 2273) Effective January 1, 2023.)
  104. 1798.99.80.

    ## 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 1.81.48. Data Broker Registration [1798.99.80 - 1798.99.89] ( Title 1.81.48 added by Stats. 2019, Ch. 753, Sec. 2. )

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    This section defines “data broker” and “authorized agent,” and says the title’s definitions generally apply unless this title 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 1.81.48. Data Broker Registration [1798.99.80 - 1798.99.89] ( Title 1.81.48 added by Stats. 2019, Ch. 753, Sec. 2. ) ## 1798.99.80. For purposes of this title: (a) The definitions in Section 1798.140 shall apply unless otherwise specified in this title. (b) “Authorized agent” has the same meaning as used in Chapter 1 (commencing with Section 7000) of Division 6 of Title 11 of the California Code of Regulations. (c) “Data broker” means a business that knowingly collects and sells to third parties the personal information of a consumer with whom the business does not have a direct relationship. “Data broker” does not include any of the following: (1) An entity to the extent that it is covered by the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et seq.). (2) An entity to the extent that it is covered by the Gramm-Leach-Bliley Act (Public Law 106-102) and implementing regulations. (3) An entity to the extent that it is covered by the Insurance Information and Privacy Protection Act (Article 6.6 (commencing with Section 791) of Chapter 1 of Part 2 of Division 1 of the Insurance Code). (4) An entity, or a business associate of a covered entity, to the extent their processing of personal information is exempt under Section 1798.146. For purposes of this paragraph, “business associate” and “covered entity” have the same meanings as defined in Section 1798.146. (Amended by Stats. 2023, Ch. 709, Sec. 1. (SB 362) Effective January 1, 2024.)
  105. 1798.99.81.

    ## 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 1.81.48. Data Broker Registration [1798.99.80 - 1798.99.89] ( Title 1.81.48 added by Stats. 2019, Ch. 753, Sec. 2. )

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    The Data Brokers’ Registry Fund is created in the State Treasury and administered by 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 1.81.48. Data Broker Registration [1798.99.80 - 1798.99.89] ( Title 1.81.48 added by Stats. 2019, Ch. 753, Sec. 2. ) ## 1798.99.81. A fund to be known as the “Data Brokers’ Registry Fund” is hereby created within the State Treasury. The fund shall be administered by the California Privacy Protection Agency. All moneys collected or received by the California Privacy Protection Agency and the Department of Justice under this title shall be deposited into the Data Brokers’ Registry Fund, to be available for expenditure by the California Privacy Protection Agency, upon appropriation by the Legislature, to offset all of the following costs: (a) The reasonable costs of establishing and maintaining the informational internet website described in Section 1798.99.84. (b) The costs incurred by the state courts and the California Privacy Protection Agency in connection with enforcing this title, as specified in Section 1798.99.82. (c) The reasonable costs of establishing, maintaining, and providing access to the accessible deletion mechanism described in Section 1798.99.86. (Amended by Stats. 2023, Ch. 709, Sec. 2. (SB 362) Effective January 1, 2024.)
  106. 1798.99.82.

    ## 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 1.81.48. Data Broker Registration [1798.99.80 - 1798.99.89] ( Title 1.81.48 added by Stats. 2019, Ch. 753, Sec. 2. )

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    Data brokers must register with the California Privacy Protection Agency each year by January 31 and provide specified registration details, including a fee and required 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 1.81.48. Data Broker Registration [1798.99.80 - 1798.99.89] ( Title 1.81.48 added by Stats. 2019, Ch. 753, Sec. 2. ) ## 1798.99.82. (a) On or before January 31 following each year in which a business meets the definition of data broker as provided in this title, the business shall register with the California Privacy Protection Agency pursuant to the requirements of this section. (b) In registering with the California Privacy Protection Agency, as described in subdivision (a), a data broker shall do all of the following: (1) Pay a registration fee in an amount determined by the California Privacy Protection Agency, not to exceed the reasonable costs of establishing and maintaining the informational internet website described in Section 1798.99.84 and the reasonable costs of establishing, maintaining, and providing access to the accessible deletion mechanism described in Section 1798.99.86. Registration fees shall be deposited in the Data Brokers’ Registry Fund, created within the State Treasury pursuant to Section 1798.99.81, and used for the purposes outlined in this paragraph. (2) Provide the following information: (A) The name of the data broker and its primary physical, email, and internet website addresses. (B) The metrics compiled pursuant to paragraphs (1) and (2) of subdivision (a) of Section 1798.99.85. (C) Whether the data broker collects the personal information of minors. (D) Whether the data broker collects consumers’ names, dates of birth, ZIP Codes, email addresses, or phone numbers. (E) Whether the data broker collects consumers’ account login or account number in combination with any required security code, access code, or password that would permit access to a consumer’s account with a third party. (F) Whether the data broker collects consumers’ drivers’ license number, California identification card number, tax identification number, social security 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. (G) Whether the data broker collects consumers’ mobile advertising identification numbers, connected television identification numbers, or vehicle identification numbers (VIN). (H) Whether the data broker collects consumers’ citizenship data, including immigration status. (I) Whether the data broker collects consumers’ union membership status. (J) Whether the data broker collects consumers’ sexual orientation status. (K) Whether the data broker collects consumers’ gender identity and gender expression data. (L) Whether the data broker collects consumers’ biometric data. (M) Whether the data broker collects consumers’ precise geolocation. (N) Whether the data broker collects consumers’ reproductive health care data. (O) Whether the data broker has shared or sold consumers’ data to a foreign actor in the past year. (P) Whether the data broker has shared or sold consumers’ data to the federal government in the past year. (Q) Whether the data broker has shared or sold consumers’ data to other state governments in the past year. (R) Whether the data broker has shared or sold consumers’ data to law enforcement in the past year, unless that data was shared pursuant to a subpoena or court order. (S) Whether the data broker has shared or sold consumers’ data to a developer of a GenAI system or model in the past year. (T) Up to three, but no fewer than one, of the most common types of personal information that the data broker collects, if the data broker does not collect the information described in subparagraphs (D) and (G). (U) Beginning January 1, 2029, whether the data broker has undergone an audit as described in subdivision (e) of Section 1798.99.86, and, if so, the most recent year that the data broker has submitted a report resulting from the audit and any related materials to the California Privacy Protection Agency. (V) A link to a page on the data broker’s internet website that does both of the following: (i) Details how consumers may exercise their privacy rights by doing all of the following: (I) Deleting personal information, as described in Section 1798.105. (II) Correcting inaccurate personal information, as described in Section 1798.106. (III) Learning what personal information is being collected and how to access that personal information, as described in Section 1798.110. (IV) Learning what personal information is being sold or shared and to whom, as described in Section 1798.115. (V) Learning how to opt out of the sale or sharing of personal information, as described in Section 1798.120. (VI) Learning how to limit the use and disclosure of sensitive personal information, as described in Section 1798.121. (ii) Does not make use of any dark patterns. (W) Whether and to what extent the data broker or any of its subsidiaries is regulated by any of the following: (i) The federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et seq.). (ii) The Gramm-Leach-Bliley Act (Public Law 106-102) and implementing regulations. (iii) The Insurance Information and Privacy Protection Act (Article 6.6 (commencing with Section 791) of Chapter 1 of Part 2 of Division 1 of the Insurance Code). (iv) The Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1) or 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). (X) Any additional information or explanation the data broker chooses to provide concerning its data collection practices. (c) A data broker that fails to register as required by this section is liable for administrative fines and costs in an administrative action brought by the California Privacy Protection Agency as follows: (1) An administrative fine of two hundred dollars ($200) for each day the data broker fails to register as required by this section. (2) An amount equal to the fees that were due during the period it failed to register. (3) Reasonable expenses incurred by the California Privacy Protection Agency in the investigation and administration of the action. (d) A data broker required to register under this title that fails to comply with the requirements of Section 1798.99.86 is liable for administrative fines and costs in an administrative action brought by the California Privacy Protection Agency as follows: (1) An administrative fine of two hundred dollars ($200) for each deletion request for each day the data broker fails to delete information as required by Section 1798.99.86. (2) Reasonable expenses incurred by the California Privacy Protection Agency in the investigation and administration of the action. (e) Any penalties, fines, fees, and expenses recovered in an action prosecuted under subdivision (c) or (d) shall be deposited in the Data Brokers’ Registry Fund, created within the State Treasury pursuant to Section 1798.99.81, with the intent that they be used to fully offset costs incurred by the state courts and the California Privacy Protection Agency in connection with this title. (f) For purposes of this section, the following definitions apply: (1) (A) “Foreign actor” means either of the following: (i) The government of a foreign adversary country. (ii) A partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign adversary country. (B) For purposes of subparagraph (A), “foreign adversary country” has the same meaning as “covered nation” as defined in Section 4872 of Title 10 of the United States Code. (2) “Developer of a GenAI system” means a business, person, partnership, corporation, or other entity that designs, codes, produces, or substantially modifies a GenAI system. (3) “Generative artificial intelligence system” or “GenAI system” means an artificial intelligence that can generate derived synthetic content, including text, images, video, and audio, that emulates the structure and characteristics of the system’s training data. (Amended by Stats. 2025, Ch. 466, Sec. 1. (SB 361) Effective January 1, 2026.)
  107. 1798.99.84.

    ## 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 1.81.48. Data Broker Registration [1798.99.80 - 1798.99.89] ( Title 1.81.48 added by Stats. 2019, Ch. 753, Sec. 2. )

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    The California Privacy Protection Agency must put certain data broker registration information and the accessible deletion mechanism on a public website page, but must not make specified data broker information publicly accessible.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.48. Data Broker Registration [1798.99.80 - 1798.99.89] ( Title 1.81.48 added by Stats. 2019, Ch. 753, Sec. 2. ) ## 1798.99.84. (a) The California Privacy Protection Agency shall create a page on its internet website where the registration information provided by data brokers described in paragraph (2) of subdivision (b) of Section 1798.99.82, except as provided in subdivision (b), and the accessible deletion mechanism described in Section 1798.99.86 shall be accessible to the public. (b) Information provided by a data broker pursuant to subparagraphs (D), (G), and (T) of paragraph (2) of subdivision (b) of Section 1798.99.82 shall not be made accessible to the public on the California Privacy Protection Agency’s internet website. (Amended by Stats. 2025, Ch. 466, Sec. 2. (SB 361) Effective January 1, 2026.)
  108. 1798.99.85.

    ## 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 1.81.48. Data Broker Registration [1798.99.80 - 1798.99.89] ( Title 1.81.48 added by Stats. 2019, Ch. 753, Sec. 2. )

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    A data broker must annually compile and publish specified request and response-time metrics in its privacy 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 1.81.48. Data Broker Registration [1798.99.80 - 1798.99.89] ( Title 1.81.48 added by Stats. 2019, Ch. 753, Sec. 2. ) ## 1798.99.85. (a) On or before July 1 following each calendar year in which a business meets the definition of a data broker as provided in this title, the business shall do all of the following: (1) Compile the number of requests pursuant to subdivision (c) of Section 1798.99.86 and Sections 1798.105, 1798.110, 1798.115, 1798.120, and 1798.121 that the data broker received, complied with in whole or in part, and denied during the previous calendar year. (2) Compile the median and the mean number of days within which the data broker substantively responded to requests pursuant to subdivision (c) of Section 1798.99.86 and Sections 1798.105, 1798.110, 1798.115, 1798.120, and 1798.121 that the data broker received during the previous calendar year. (3) Disclose the metrics compiled pursuant to paragraphs (1) and (2) within the data broker’s privacy policy posted on their internet website and accessible from a link included in the data broker’s privacy policy. (b) In its disclosure pursuant to paragraph (3) of subdivision (a) regarding requests made pursuant to subdivision (c) of Section 1798.99.86, a data broker shall disclose the number of requests that the data broker denied in whole or in part because of any of the following: (1) The request was not verifiable. (2) The request was not made by a consumer. (3) The request called for information exempt from deletion. (4) The request was denied on other grounds. (c) In its disclosure pursuant to paragraph (3) of subdivision (a), a data broker shall, for each provision of Section 1798.145 or 1798.146 under which deletion was not required, specify the number of requests in which deletion was not required in whole, or in part, under that provision. (Added by Stats. 2023, Ch. 709, Sec. 5. (SB 362) Effective January 1, 2024.)
  109. 1798.99.86.

    ## 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 1.81.48. Data Broker Registration [1798.99.80 - 1798.99.89] ( Title 1.81.48 added by Stats. 2019, Ch. 753, Sec. 2. )

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    This section requires the California Privacy Protection Agency to set up an accessible deletion mechanism for data-broker consumer deletion requests, and requires data brokers to use it, process deletion requests, and limit reuse of retained data.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.48. Data Broker Registration [1798.99.80 - 1798.99.89] ( Title 1.81.48 added by Stats. 2019, Ch. 753, Sec. 2. ) ## 1798.99.86. (a) By January 1, 2026, the California Privacy Protection Agency shall establish an accessible deletion mechanism that does all of the following: (1) Implements and maintains reasonable security procedures and practices, including, but not limited to, administrative, physical, and technical safeguards appropriate to the nature of the information and the purposes for which the personal information will be used and to protect consumers’ personal information from unauthorized use, disclosure, access, destruction, or modification. (2) Allows a consumer, through a single verifiable consumer request, to request that every data broker that maintains any personal information delete any personal information related to that consumer held by the data broker or associated service provider or contractor. (3) Allows a consumer to selectively exclude specific data brokers from a request made under paragraph (2). (4) Allows a consumer to make a request to alter a previous request made under this subdivision after at least 45 days have passed since the consumer last made a request under this subdivision. (b) The accessible deletion mechanism established pursuant to subdivision (a) shall meet all of the following requirements: (1) The accessible deletion mechanism shall allow a consumer to request the deletion of all personal information related to that consumer through a single deletion request. (2) The accessible deletion mechanism shall permit a consumer to securely submit information in one or more privacy-protecting ways determined by the California Privacy Protection Agency to aid in the deletion request. (3) The accessible deletion mechanism shall allow data brokers registered with the California Privacy Protection Agency to determine whether an individual has submitted a verifiable consumer request to delete the personal information related to that consumer as described in paragraph (1) and shall not allow the disclosure of any additional personal information when the data broker accesses the accessible deletion mechanism unless otherwise specified in this title. (4) The accessible deletion mechanism shall allow a consumer to make a request described in paragraph (1) using an internet service operated by the California Privacy Protection Agency. (5) The accessible deletion mechanism shall not charge a consumer to make a request described in paragraph (1). (6) The accessible deletion mechanism shall allow a consumer to make a request described in paragraph (1) in any language spoken by any consumer for whom personal information has been collected by data brokers. (7) The accessible deletion mechanism shall be readily accessible and usable by consumers with disabilities. (8) The accessible deletion mechanism shall support the ability of a consumer’s authorized agents to aid in the deletion request. (9) The accessible deletion mechanism shall allow the consumer, or their authorized agent, to verify the status of the consumer’s deletion request. (10) The accessible deletion mechanism shall provide a description of all of the following: (A) The deletion permitted by this section, including, but not limited to, the actions required by subdivisions (c) and (d). (B) The process for submitting a deletion request pursuant to this section. (C) Examples of the types of information that may be deleted. (c) (1) Beginning August 1, 2026, a data broker shall access the accessible deletion mechanism established pursuant to subdivision (a) at least once every 45 days and do all of the following: (A) Within 45 days after receiving a request made pursuant to this section, process all deletion requests made pursuant to this section and delete all personal information related to the consumers making the requests consistent with the requirements of this section. (B) In cases where a data broker denies a consumer request to delete under this title because the request cannot be verified, process the request as an opt-out of the sale or sharing of the consumer’s personal information, as provided for under Section 1798.120 and limited by Sections 1798.105, 1798.145, and 1798.146, within 45 days of receiving the request. (C) Direct all service providers or contractors associated with the data broker to delete all personal information in their possession related to the consumers making the requests described in subparagraph (A). (D) Direct all service providers or contractors associated with the data broker to process a request described by subparagraph (B) as an opt-out of the sale or sharing of the consumer’s personal information, as provided for under Section 1798.120 and limited by Sections 1798.105, 1798.145, and 1798.146. (2) Notwithstanding paragraph (1), a data broker shall not be required to delete a consumer’s personal information if either of the following apply: (A) It is reasonably necessary for the data broker to maintain the personal information to fulfill a purpose described in subdivision (d) of Section 1798.105. (B) The deletion is not required pursuant to Section 1798.145 or 1798.146. (3) Personal information described in paragraph (2) shall only be used for the purposes described in paragraph (2) and shall not be used or disclosed for any other purpose, including, but not limited to, marketing purposes. (d) (1) Beginning August 1, 2026, after a consumer has submitted a deletion request and a data broker has deleted the consumer’s data pursuant to this section, the data broker shall delete all personal information of the consumer at least once every 45 days pursuant to this section unless the consumer requests otherwise or the deletion is not required pursuant to paragraph (2) of subdivision (c). (2) Beginning August 1, 2026, after a consumer has submitted a deletion request and a data broker has deleted the consumer’s data pursuant to this section, the data broker shall not sell or share new personal information of the consumer unless the consumer requests otherwise or selling or sharing the personal information is permitted under Section 1798.145 or 1798.146. (e) (1) Beginning January 1, 2028, and every three years thereafter, a data broker shall undergo an audit by an independent third party to determine compliance with this section. (2) For an audit completed pursuant to paragraph (1), the data broker shall submit a report resulting from the audit and any related materials to the California Privacy Protection Agency within five business days of a written request from the California Privacy Protection Agency. (3) A data broker shall maintain the report and materials described in paragraph (2) for at least six years. (f) (1) The California Privacy Protection Agency may charge an access fee to a data broker when the data broker accesses the accessible deletion mechanism pursuant to subdivision (c) that does not exceed the reasonable costs of providing that access. (2) A fee collected by the California Privacy Protection Agency pursuant to paragraph (1) shall be deposited in the Data Brokers’ Registry Fund. (Amended by Stats. 2025, Ch. 466, Sec. 3. (SB 361) Effective January 1, 2026.)
  110. 1798.99.87.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.48. Data Broker Registration [1798.99.80 - 1798.99.89] ( Title 1.81.48 added by Stats. 2019, Ch. 753, Sec. 2. )

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    The California Privacy Protection Agency may adopt regulations to implement and administer this title, and fee-setting regulations are exempt from the Administrative Procedure 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 1.81.48. Data Broker Registration [1798.99.80 - 1798.99.89] ( Title 1.81.48 added by Stats. 2019, Ch. 753, Sec. 2. ) ## 1798.99.87. (a) Except as provided in subdivision (b), the California Privacy Protection Agency may adopt regulations pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) to implement and administer this title. (b) Notwithstanding subdivision (a), any regulation adopted by the California Privacy Protection Agency to establish fees authorized by this title shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (Added by Stats. 2023, Ch. 709, Sec. 7. (SB 362) Effective January 1, 2024.)
  111. 1798.99.88.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.48. Data Broker Registration [1798.99.80 - 1798.99.89] ( Title 1.81.48 added by Stats. 2019, Ch. 753, Sec. 2. )

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    This title does not override or interfere with 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 1.81.48. Data Broker Registration [1798.99.80 - 1798.99.89] ( Title 1.81.48 added by Stats. 2019, Ch. 753, Sec. 2. ) ## 1798.99.88. Nothing in this title shall be construed to supersede or interfere with the operation of the California Consumer Privacy Act of 2018 (Title 1.81.5 (commencing with Section 1798.100)). (Added by Stats. 2019, Ch. 753, Sec. 2. (AB 1202) Effective January 1, 2020.)
  112. 1798.99.89.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.48. Data Broker Registration [1798.99.80 - 1798.99.89] ( Title 1.81.48 added by Stats. 2019, Ch. 753, Sec. 2. )

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    An administrative action under this title alleging a violation 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 1.81.48. Data Broker Registration [1798.99.80 - 1798.99.89] ( Title 1.81.48 added by Stats. 2019, Ch. 753, Sec. 2. ) ## 1798.99.89. 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. (Added by Stats. 2023, Ch. 709, Sec. 8. (SB 362) Effective January 1, 2024.)
  113. 1798.99.90.

    ## 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 1.81.49. Health and Location Data Privacy [1798.99.90 - 1798.99.93] ( Heading of Title 1.81.49 amended by Stats. 2025, Ch. 134, Sec. 1. )

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    This section defines key terms used in the Health and Location Data Privacy title, including collect, sell, share, geofence, precise geolocation, research, person, personal information, and 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 1.81.49. Health and Location Data Privacy [1798.99.90 - 1798.99.93] ( Heading of Title 1.81.49 amended by Stats. 2025, Ch. 134, Sec. 1. ) ## 1798.99.90. For purposes of this title, the following definitions apply: (a) “Collect,” “collected,” or “collection” means buying, renting, gathering, obtaining, receiving, or accessing any personal information pertaining to a natural person by any means. This includes receiving information from the natural person, either actively or passively, or by observing the natural person’s behavior. (b) “Family planning center” means a facility categorized as a family planning center by the North American Industry Classification System adopted by the United States Census Bureau, including, but not limited to, a clinic or center that provides reproductive health care services as defined in Section 1798.300. (c) “Geofence” means any technology that enables spatial or location detection to establish a virtual boundary around, and detect an individual’s presence within, a “precise geolocation” as defined in subdivision (w) of Section 1798.140. (d) “Health care services” means any service provided to a natural person of a medical, surgical, psychiatric, therapeutic, diagnostic, mental health, behavioral health, preventative, rehabilitative, supportive, consultative, referral, or prescribing nature. (e) “Person” means a natural person, association, proprietorship, corporation, trust, foundation, partnership, or any other organization or group of people acting in concert. (f) “Personal information” has the same definition as that term is defined in subdivision (v) of Section 1798.140, except as applied to all natural persons and not limited to consumers and households, as those terms are defined in subdivisions (i) and (q), respectively, of that section. (g) “Precise geolocation” means a geographic area that is equal to or less than the area of a circle with a radius of 1,850 feet as derived from a device that is used or intended to be used to locate a person. If the geographic scope of the term “precise geolocation” as defined in Section 1798.140 is expanded beyond 1,850 feet, then that larger scope shall apply to this definition of precise geolocation. (h) “Research” means systematic investigation, including research development, testing, and evaluation, that has as its primary purpose the development of, or contribution to, generalizable knowledge. (i) “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 natural person’s personal information by another person to a third party for monetary or other valuable consideration. (j) “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 natural person’s personal information by another person to a third party, whether or not for monetary or other valuable consideration. (Amended by Stats. 2025, Ch. 134, Sec. 2. (AB 45) Effective January 1, 2026.)
  114. 1798.99.91.

    ## 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 1.81.49. Health and Location Data Privacy [1798.99.90 - 1798.99.93] ( Heading of Title 1.81.49 amended by Stats. 2025, Ch. 134, Sec. 1. )

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    It is unlawful to collect, use, disclose, sell, share, or retain personal information about someone physically at or near a family planning center, except for stated exceptions. The section also allows a civil lawsuit, sets a three-year filing window from discovery, and provides for treble damages and fees if the petitioner wins.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.49. Health and Location Data Privacy [1798.99.90 - 1798.99.93] ( Heading of Title 1.81.49 amended by Stats. 2025, Ch. 134, Sec. 1. ) ## 1798.99.91. (a) It shall be unlawful to collect, use, disclose, sell, share, or retain the personal information of a natural person who is physically located at, or within a precise geolocation of, a family planning center, except as specified in subdivision (b) or as otherwise provided by law or in a collective bargaining agreement. (b) Notwithstanding subdivision (a), it is permissible to collect or use the personal information of a natural person who is physically located at, or within a precise geolocation of, a family planning center, but only as necessary to perform the services or provide the goods requested by the natural person. All other prohibitions under subdivision (a) shall continue to apply. (c) (1) An aggrieved person or entity, including a family planning center, may institute and prosecute a civil action against any person who violates this section for injunctive and monetary relief and attorney’s fees within three years of discovery of the violation. (2) If the court finds for the petitioner in an action authorized by paragraph (1), recovery shall be in the amount of three times the amount of actual damages and any other expenses, costs, or reasonable attorney’s fees incurred in connection with the litigation. (d) (1) This section does not apply to a provider of health care, a health care service plan, or contractor, as those terms are defined in Section 56.05 or to a covered entity or its business associate, as defined in Section 160.103 of Title 45 of the Code of Federal Regulations. (2) In order to qualify for this exemption, a contractor or business associate must be contractually obligated to comply with all applicable state and federal privacy laws. (e) (1) Nothing in this section shall be construed to alter applicable law, including pursuant to Section 3010 of the Penal Code, regarding use by a law enforcement agency of personal information, including geolocation information, generated by an electronic monitoring device. (2) For purposes of this section, “law enforcement agency” means any department or agency of the state or any local government, special district, or other political subdivision thereof that employs any peace officer, as described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. (Added by Stats. 2025, Ch. 134, Sec. 3. (AB 45) Effective January 1, 2026.)
  115. 1798.99.92.

    ## 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 1.81.49. Health and Location Data Privacy [1798.99.90 - 1798.99.93] ( Heading of Title 1.81.49 amended by Stats. 2025, Ch. 134, Sec. 1. )

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    This section generally prohibits geofencing in-person health care entities in California for listed privacy-related purposes and bans related selling, sharing, or use of personal information, subject to 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 1.81.49. Health and Location Data Privacy [1798.99.90 - 1798.99.93] ( Heading of Title 1.81.49 amended by Stats. 2025, Ch. 134, Sec. 1. ) ## 1798.99.92. (a) Except as provided in subdivision (f), it shall be unlawful to geofence an entity that provides in-person health care services in California for any of the following purposes: (1) To identify or track a person seeking, receiving, or providing health care services. (2) To collect personal information from a person seeking, receiving, or providing health care services. (3) To send notifications to a person related to their personal information or health care services. (4) To send advertisements to a person related to the person’s personal information or health care services. (b) It shall be unlawful to sell personal information to, or share personal information with, a third party for the use of such information to violate subdivision (a). A statement signed under penalty of perjury, pursuant to Section 2015.5 of the Code of Civil Procedure, by a natural person authorized to enter into agreements on behalf of the third party that the personal information will not be used for these purposes shall be prima facie evidence that the personal information was not sold or shared in violation of this subdivision. (c) Except as provided in subdivision (f), it shall be unlawful to use personal information obtained in violation of subdivision (a) or (b). (d) (1) Any person that violates this section shall be subject to an injunction and liable for a civil penalty of twenty-five thousand dollars ($25,000) 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. The court may consider the good faith cooperation of the entity or person in determining the amount of the civil penalty. (2) Any civil penalty recovered by an action brought by the Attorney General for a violation of this section, and the proceeds of any settlement of any said action, shall be deposited in the California Reproductive Justice and Freedom Fund established pursuant to Section 140 of the Health and Safety Code. (e) This section shall be implemented consistent with state and federal law. (f) (1) (A) This section does not prohibit any person that owns, operates, manages, or otherwise provides services to an in-person health care entity from geofencing the entity’s own location to provide necessary health care services, including the use of location-based alarm devices to monitor newborns and memory-impaired individuals. (B) This section does not prohibit any person that provides reproductive health care services, as defined in Section 1798.300, from utilizing geofencing for the purpose of providing security services to protect patients, staff, or property. (2) Nothing in this section shall exempt any person from complying with any of the following: (A) A lawfully executed search warrant. (B) A lawful subpoena issued pursuant to existing California law. (C) Law enforcement if law enforcement, in good faith, believes that an emergency involving danger of death or serious physical injury to any person requires access to such geofencing data. For purposes of this subparagraph, accessing, procuring, or searching for services regarding contraception, pregnancy care, and perinatal care, including, but not limited to, abortion services, shall not constitute being at risk or danger of death or serious physical injury. (3) Nothing in this section abrogates or limits the requirements of the Electronic Communications Privacy Act (Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code). (4) Nothing in this section shall apply to geofencing activities conducted solely for research purposes by an investigator within an institution that holds an assurance with the federal Department of Health and Human Services pursuant to Part 46 (commencing with Section 46.101) of Title 45 of the Code of Federal Regulations and who obtains informed consent in the method and manner required by those regulations. (5) (A) This section does not prohibit geofencing activities conducted by a labor organization, as defined in Section 1117 of the Labor Code, or an employee organization, as defined in subdivision (a) of Section 3501 of, subdivision (a) of Section 3513 of, or subdivision (f) of Section 3562 of, the Government Code, if geofencing does not result in the labor union’s collection of names or personal information without the express consent of an individual and is for activities concerning workplace conditions, worker or patient safety, labor disputes, or organizing. (B) A third party vendor, including, but not limited to, a social media platform, that collects personal information from a labor organization or employee organization pursuant to subparagraph (A) shall be prohibited from selling, using, or sharing that personal information for any purpose other than the activities described in subparagraph (A). (Added by Stats. 2025, Ch. 134, Sec. 4. (AB 45) Effective January 1, 2026.)
  116. 1798.99.93.

    ## 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 1.81.49. Health and Location Data Privacy [1798.99.90 - 1798.99.93] ( Heading of Title 1.81.49 amended by Stats. 2025, Ch. 134, Sec. 1. )

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    Certain personally identifying research records about health care or personal information cannot be released in response to specified subpoenas, requests, or law-enforcement demands.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.81.49. Health and Location Data Privacy [1798.99.90 - 1798.99.93] ( Heading of Title 1.81.49 amended by Stats. 2025, Ch. 134, Sec. 1. ) ## 1798.99.93. (a) Research records, in a personally identifying form, developed or acquired by a person in the course of conducting research relating to anyone seeking or obtaining health care services, or relating to personal information, shall be subject to the restrictions on release set forth in this section. (b) Research records, in a personally identifying form, developed or acquired by a person in the course of conducting research relating to anyone seeking or obtaining health care services, or relating to personal information, shall not be released in response to a subpoena or request if that subpoena or request is based on either another state’s laws that interfere with a person’s rights under the Reproductive Privacy Act (Article 2.5 (commencing with Section 123460) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code) or a foreign penal civil action, as defined in Section 2029.200 of the Code of Civil Procedure. (c) Research records, in a personally identifying form, developed or acquired by a person in the course of conducting research relating to anyone seeking or obtaining health care services, or relating to personal information, shall not be released to law enforcement for either of the following purposes, unless that release is pursuant to a subpoena not otherwise prohibited by subdivision (b): (1) Enforcement of another state’s law that interferes with a person’s rights under the Reproductive Privacy Act (Article 2.5 (commencing with Section 123460) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code). (2) Enforcement of a foreign penal civil action, as defined in Section 2029.200 of the Code of Civil Procedure. (Added by Stats. 2025, Ch. 134, Sec. 5. (AB 45) Effective January 1, 2026.)
  117. 1799.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.82. BUSINESS RECORDS [1799 - 1799.3] ( Title 1.82 added by Stats. 1977, Ch. 221. ) ## CHAPTER 1. Definitions [1799- 1799.] ( Chapter 1 added by Stats. 1977, Ch. 221. )

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    This provision defines several terms used in Title 1.82, including “bookkeeping services,” “business entity,” “individual,” “person,” and “record.”

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.82. BUSINESS RECORDS [1799 - 1799.3] ( Title 1.82 added by Stats. 1977, Ch. 221. ) ## CHAPTER 1. Definitions [1799- 1799.] ( Chapter 1 added by Stats. 1977, Ch. 221. ) ## 1799. As used in this title: (a) The term “bookkeeping services” means keeping books, making trial balances, preparing statements, making audits, or preparing reports, all as a part of bookkeeping operations, provided that such trial balances, statements, or reports are not issued over the name of such person as having been prepared or examined by a certified public accountant or public accountant. (b) The term “business entity” means a sole proprietorship, partnership, corporation, association or other group, however organized and whether or not organized to operate at a profit, but does not mean a financial institution organized, chartered, or holding a license or authorization certificate under a law of this state or the United States to make loans or extend credit and subject to supervision by an official or agency of this state or the United States, nor the parent of any such financial institution, nor any subsidiary of any such financial institution or parent. (c) The term “individual” means a natural person. (d) The term “person” means any natural person, corporation, partnership, limited liability company, firm, association, or governmental entity. (e) The term “record” means any item, collection, or grouping of information about an individual or business entity. (Amended by Stats. 1994, Ch. 1010, Sec. 41. Effective January 1, 1995.)
  118. 1799.1.

    ## 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 1.82. BUSINESS RECORDS [1799 - 1799.3] ( Title 1.82 added by Stats. 1977, Ch. 221. ) ## CHAPTER 2. Disclosures [1799.1 - 1799.1b] ( Chapter 2 added by Stats. 1977, Ch. 221. )

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    A bookkeeping business generally may not disclose record contents to anyone other than the subject of the record unless it has express written consent or an 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 1.82. BUSINESS RECORDS [1799 - 1799.3] ( Title 1.82 added by Stats. 1977, Ch. 221. ) ## CHAPTER 2. Disclosures [1799.1 - 1799.1b] ( Chapter 2 added by Stats. 1977, Ch. 221. ) ## 1799.1. (a) No business entity which performs bookkeeping services shall disclose in whole or in part the contents of any record, including the disclosure of information in the record in any composite of information, which is prepared or maintained by such business entity to any person, other than the individual or business entity which is the subject of the record, without the express written consent of such individual or business entity. (b) This section shall not apply to the following: (1) To a disclosure to any person pursuant to a subpoena or court order. (2) To a disclosure which is discoverable. (3) To a disclosure to any person acting pursuant to a lawful search warrant. (4) To a disclosure to a law enforcement agency when required for investigations of criminal activity, unless such disclosure is prohibited by law. (5) To a disclosure to a taxing agency for purposes of tax administration. (Added by Stats. 1977, Ch. 221.)
  119. 1799.100.

    ## 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 1.85. CONSUMER CREDIT CONTRACTS [1799.90 - 1799.104] ( Title 1.85 added by Stats. 1975, Ch. 847. )

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    This section limits certain security interests in household goods and personal property tied to consumer credit contracts.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.85. CONSUMER CREDIT CONTRACTS [1799.90 - 1799.104] ( Title 1.85 added by Stats. 1975, Ch. 847. ) ## 1799.100. (a) It is unlawful for any person to take a security interest in any household goods, as defined in subdivision (g), in connection with a consumer credit contract or other credit obligation incurred primarily for personal, family, or household purposes unless (1) the person takes possession of the household goods or (2) the purchase price of the household goods was financed through the consumer credit contract or credit obligation. (b) An agreement or other document creating a nonpossessory security interest in personal property as defined in subdivision (d) in connection with a consumer credit contract or other credit obligation incurred primarily for personal, family, or household purposes shall contain a statement of description reviewed and signed by the consumer indicating each specific item of the personal property in which the security interest is taken. A consumer credit contract or other credit obligation subject to the Unruh Act (Chapter 1 (commencing with Section 1801) of Title 2) that complies with the provisions of subdivision (a) of Section 1803.3, or of subdivision (f) of Section 1810.1, shall be deemed to comply with this subdivision. (c) Notwithstanding any other provision of law, a person who has a nonpossessory security interest in personal property, described in subdivision (d), taken in connection with a consumer credit contract or other credit obligation incurred primarily for personal, family, or household purposes shall only enforce the security interest by judicial action unless the property is abandoned or freely and voluntarily surrendered by the consumer. (d) The provisions of subdivisions (b) and (c) apply only to the following types of personal property: (1) Any goods, as defined in paragraph (44) of subdivision (a) of Section 9102 of the Commercial Code, except for vessels, vehicles, and aircraft, that are used or bought for use primarily for personal, family, or household purposes and that has a fair market value of less than one thousand dollars ($1,000) per individual item at the time the security interest is created. (2) The property described in Section 704.050 and subdivision (a) of Section 704.060 of the Code of Civil Procedure, except for vessels, vehicles, and aircraft. (e) Any security interest taken in violation of either subdivision (a) or (b) is void and unenforceable. (f) Any person injured by a violation of this section may bring a civil action for the recovery of damages, equitable relief, and attorney’s fees and costs. (g) For the purpose of this section: (1) “Household goods” means and includes clothing, furniture, appliances, one radio, one television, linens, china, crockery, kitchenware, personal effects, and wedding rings. “Household goods” does not include works of art, electronic entertainment equipment (except one radio and one television), items acquired as antiques, and jewelry (except wedding rings). (2) “Antique” means any item over one hundred years of age, including such items that have been repaired or renovated without changing their original form or character. (Amended by Stats. 1999, Ch. 991, Sec. 3.5. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
  120. 1799.101.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.85. CONSUMER CREDIT CONTRACTS [1799.90 - 1799.104] ( Title 1.85 added by Stats. 1975, Ch. 847. )

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    Creditors must give a cosigner written notice before reporting adverse delinquency information, and a credit reporting agency must update the cosigner’s file after the delinquency is cured.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.85. CONSUMER CREDIT CONTRACTS [1799.90 - 1799.104] ( Title 1.85 added by Stats. 1975, Ch. 847. ) ## 1799.101. (a) For the purposes of this section, the following terms are defined as follows: (1) “Adverse information” means information directly or indirectly indicating that a delinquency has occurred, because a cosigner has not complied with the contractual provisions of a consumer credit contract. (2) “Collection action” means requesting a cosigner to pay all or part of the obligation on a consumer credit contract. (3) “Cosigner” means a natural person, other than the primary obligor or the spouse of the primary obligor, who renders himself or herself liable for the obligation on a consumer credit contract without compensation. The term includes a person whose signature is requested by a creditor as a condition to granting credit to another person. A person who does not receive goods, services, or money in return for executing a consumer credit contract does not receive compensation within the meaning of this section. “Cosigner” does not include a joint applicant for open-end credit pursuant to subdivision (c) of Section 1799.91. A person is a cosigner within the meaning of this section whether or not he or she is designated as such on a consumer credit contract or other document creating the consumer credit contract obligation for the cosigner. (4) “Delinquency” means a failure to make timely payment to the creditor of all or a portion of any installment under a consumer credit contract. (5) “Notice” means a writing which describes, recites, or otherwise refers to a delinquency. (6) “Obligation” means an indebtedness incurred by an individual for personal, family, or household purposes. (7) “Person” means an individual, firm, partnership, association, limited liability company, or corporation. (8) “Primary obligor” means one or more persons, other than a cosigner, who sign a consumer credit contract and assume an obligation as debtor under that contract. (b) Except as provided in subdivisions (d) and (e), no creditor shall provide any adverse information with respect to any cosigner, to a consumer credit reporting agency regarding a delinquency on a consumer credit contract entered into on or after July 1, 1992, unless, at or before the time the information is provided to the consumer credit reporting agency, written notice of the delinquency is provided to the cosigner. (c) No creditor shall provide any information regarding the cosigner’s obligation on a consumer credit contract to a debt collector, as defined in subdivision (c) of Section 1788.2, until notice has been provided to the cosigner under subdivision (b). (d) The notice requirements of subdivisions (b) and (c) do not apply to any cosigner whose address, as shown in the creditor’s records respecting the consumer credit contract, is the same as the primary obligor. (e) The notice requirements of subdivisions (b) and (c) shall be satisfied by mailing a copy of the required notice to the cosigner at the cosigner’s address, as shown in the creditor’s records respecting the consumer credit contract. However, if more than one cosigner reside at the same address, as shown in the creditor’s records respecting the consumer credit contract, a notice addressed to any cosigner at that address shall be deemed notice to all the cosigners residing at that address. (f) Nothing in this section shall require any particular form or language with respect to a notice of delinquency sent to either a primary obligor or cosigner. (g) Within a reasonable time after a creditor has reported to a credit reporting agency that a delinquency or delinquencies that have been reported to the consumer credit reporting agency and included in the cosigner’s file maintained by the consumer credit reporting agency have been cured, the consumer credit reporting agency shall indicate in the file that the payment was made. (h) Nothing in this section shall be construed to require notice of a delinquency to be provided to a cosigner in any instance not expressly specified in this section, or to provide notice to persons other than cosigners. (i) This section shall become operative on July 1, 1992. (Amended by Stats. 1994, Ch. 1010, Sec. 42. Effective January 1, 1995.)
  121. 1799.102.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.85. CONSUMER CREDIT CONTRACTS [1799.90 - 1799.104] ( Title 1.85 added by Stats. 1975, Ch. 847. )

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    A cosigner who loses money because of a Section 1799.101 violation may sue for damages or $250, whichever is greater, plus reasonable attorney fees, but must first give notice at least 30 days before suing.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.85. CONSUMER CREDIT CONTRACTS [1799.90 - 1799.104] ( Title 1.85 added by Stats. 1975, Ch. 847. ) ## 1799.102. (a) A cosigner who suffers a loss as a result of a violation of Section 1799.101 may bring an action to recover actual damages or two hundred fifty dollars ($250), whichever is greater, and reasonable attorney fees. (b) The cosigner shall, not less than 30 days prior to bringing an action pursuant to subdivision (a), notify the person alleged to have violated Section 1799. 101 of the cosigner’s intention to bring an action. The notice shall include a statement of the specific evidence that proves the loss suffered by the cosigner. If within 25 days after the date of receiving the notice, the person alleged to have violated Section 1799.101 tenders to the cosigner an amount equal to the loss, or otherwise resolves the matter to the cosigner’s satisfaction, the cosigner shall be barred from further recovery of that loss, including reasonable attorney fees. (c) This section shall become operative on July 1, 1992. (Added by Stats. 1990, Ch. 1549, Sec. 2. Section operative July 1, 1992, by its own provisions.)
  122. 1799.103.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.85. CONSUMER CREDIT CONTRACTS [1799.90 - 1799.104] ( Title 1.85 added by Stats. 1975, Ch. 847. )

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    A consumer credit contract or related guarantee generally cannot give a security interest in pledged investment property unless the property is specifically identified as collateral, or the secured party is a securities or commodity intermediary.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.85. CONSUMER CREDIT CONTRACTS [1799.90 - 1799.104] ( Title 1.85 added by Stats. 1975, Ch. 847. ) ## 1799.103. No consumer credit contract or guarantee of a consumer credit contract shall provide for a security interest in any investment property, as defined in paragraph (49) of subdivision (a) of Section 9102 of the Commercial Code, that is pledged as collateral, unless (a) the contract either specifically identifies the investment property as collateral or (b) the secured party is a securities intermediary, as defined in paragraph (14) of subdivision (a) of Section 8102 of the Commercial Code, or commodity intermediary, as defined in paragraph (17) of subdivision (a) of Section 9102 of the Commercial Code, with respect to the investment property. The identification of an account shall include the name of the holder, account number, and name of the institute holding the investment property. In the event that a consumer credit contract or guarantee does not comply with this section, the security interest in the investment property is void. (Amended by Stats. 1999, Ch. 991, Sec. 4. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
  123. 1799.104.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.85. CONSUMER CREDIT CONTRACTS [1799.90 - 1799.104] ( Title 1.85 added by Stats. 1975, Ch. 847. )

    Verify source ↗

    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 1.85. CONSUMER CREDIT CONTRACTS [1799.90 - 1799.104] ( Title 1.85 added by Stats. 1975, Ch. 847. ) ## 1799.104. 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. 19. Effective January 1, 2003.)
  124. 1799.1a

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.82. BUSINESS RECORDS [1799 - 1799.3] ( Title 1.82 added by Stats. 1977, Ch. 221. ) ## CHAPTER 2. Disclosures [1799.1 - 1799.1b] ( Chapter 2 added by Stats. 1977, Ch. 221. )

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    Covered persons generally must not disclose or misuse consumer tax-return information 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 1.82. BUSINESS RECORDS [1799 - 1799.3] ( Title 1.82 added by Stats. 1977, Ch. 221. ) ## CHAPTER 2. Disclosures [1799.1 - 1799.1b] ( Chapter 2 added by Stats. 1977, Ch. 221. ) ## 1799.1a. (a) No person, including an individual, firm, corporation, association, partnership, or joint venture, or any employee or agent thereof, shall disclose information obtained from a federal or state income tax return or any information obtained from a tax schedule submitted with the return by a consumer in connection with a financial or other business-related transaction unless the disclosure is within any of the following: (1) Consented to in writing by the consumer in a separate document that states to whom the disclosure will be made and how the information will be used. If the consumer agrees, this separate consent document may be in the form of an electronic record, executed by an electronic signature as provided by Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code. (2) Authorized or required by state or federal law. (3) Necessary to complete or service the financial or business-related transaction or to effect, administer, or enforce a financial or business-related transaction requested by the consumer. (4) Pursuant to court order. (5) Required to complete any of the transactions described in subparagraphs (A) to (D), inclusive, by a person, including an individual, firm, corporation, association, partnership or joint venture, if the disclosure is made solely for that purpose. The provisions of this section apply to any person, including an individual, firm, corporation, association, partnership, or joint venture, and any employee or agent thereof, receiving information as a result of a disclosure authorized by this paragraph. (A) A proposed or actual sale, merger, transfer, or exchange of all or a portion of a business or operating unit. (B) A proposed or actual securitization or secondary market sale, including the sale of servicing rights. (C) To provide information to insurance rate advisory organizations, guaranty funds or agencies, rating agencies, and other persons assessing compliance with industry standards. (D) To protect against or to prevent actual or potential fraud and unauthorized transactions and claims and for institutional risk control activities. (b) No unrelated use shall be made of a federal or state tax return or any information obtained therefrom or any information submitted with the return by a consumer in connection with a financial or other business-related transaction. “Unrelated use” means any use that is not necessary to effect, administer, or enforce the financial or other business-related transaction with the consumer or that is beyond the scope of the stated purpose to which the consumer consented for the use of the return or any other information he or she submitted. (c) (1) For purposes of this section, the following definitions shall apply: (A) “Affiliate” means any entity that, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with, another entity. (B) “Consumer” means an individual who requests or obtains financial or other business-related services. (C) “Tax return” means a return, declaration, statement, refund claim, or other document required to be made or to be filed in connection with state or federal income taxes or state bank and corporation franchise taxes. (2) A disclosure prohibited by this section includes a disclosure made internally within the entity or by that entity to any of its subsidiaries or affiliates. (3) The information described in subdivision (a) includes that information obtained through an electronic medium. (d) No person, including an individual, firm, corporation, association, partnership, or joint venture, or any employee or agent thereof, shall dispose of any of the information described in subdivision (a) in a manner in which the identity of the consumer may be determined from the disposed information alone or in combination with other publicly available information. This subdivision shall not become operative if Assembly Bill 2246 of the 1999–2000 Regular Session is enacted and becomes effective on or before January 1, 2001. (e) The civil remedies in Chapter 3 (commencing with Section 1799.2) shall be applicable to a violation of this section. Each violation of this section shall constitute a separate cause of action for which damages are recoverable. (f) The treatment of tax returns by tax preparers, as defined in Section 22251 of the Business and Professions Code, shall be governed by Section 17530.5 of the Business and Professions Code. (Added by Stats. 2000, Ch. 1084, Sec. 5. Effective January 1, 2001. Note: Subd. (d) is inoperative; AB 2246 was enacted as Ch. 1039, Stats. 2000.)
  125. 1799.1b

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.82. BUSINESS RECORDS [1799 - 1799.3] ( Title 1.82 added by Stats. 1977, Ch. 221. ) ## CHAPTER 2. Disclosures [1799.1 - 1799.1b] ( Chapter 2 added by Stats. 1977, Ch. 221. )

    Verify source ↗

    Credit card issuers and telephone-account businesses must send change-of-address notifications in specified situations, with deadlines and limited content rules.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.82. BUSINESS RECORDS [1799 - 1799.3] ( Title 1.82 added by Stats. 1977, Ch. 221. ) ## CHAPTER 2. Disclosures [1799.1 - 1799.1b] ( Chapter 2 added by Stats. 1977, Ch. 221. ) ## 1799.1b. (a) Any credit card issuer that receives a change of address request, other than for a correction of a typographical error, from a cardholder who orders a replacement credit card within 60 days before or after that request is received shall send to that cardholder a change of address notification that is addressed to the cardholder at the cardholder’s previous address of record. If the replacement credit card is requested prior to the effective date of the change of address, the notification shall be sent within 30 days of the change of address request. If the replacement credit card is requested after the effective date of the change of address, the notification shall be sent within 30 days of the request for the replacement credit card. (b) Any business entity that provides telephone accounts that receives a change of address request, other than for a correction of a typographical error, from an accountholder who orders new service, shall send to that accountholder a change of address notification that is addressed to the accountholder at the accountholder’s previous address of record. The notification shall be sent within 30 days of the request for new service. (c) The notice required pursuant to subdivision (a) or (b) may be given by telephone or e-mail communication if the credit card issuer or business entity that provides telephone accounts reasonably believes that it has the current telephone number or e-mail address for the accountholder or cardholder who has requested a change of address. If the notification is in writing it may not contain the consumer’s account number, social security number, or other personal identifying information, but may contain the consumer’s name, previous address, and new address of record. For business entities described in subdivision (b), the notification may also contain the accountholder’s telephone number. (d) A credit card issuer or a business entity that provides telephone accounts is not required to send a change of address notification when a change of address request is made in person by a consumer who has presented valid identification, or is made by telephone and the requester has provided a unique alpha-numeric password. (e) The following definitions shall apply to this section: (1) “Credit account” has the same meaning as “credit card,” as defined in subdivision (a) of Section 1747.02. (2) “Telephone account” means an account with a telephone corporation, as defined in Section 234 of the Public Utilities Code. (Amended by Stats. 2004, Ch. 183, Sec. 36. Effective January 1, 2005.)
  126. 1799.2.

    ## 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 1.82. BUSINESS RECORDS [1799 - 1799.3] ( Title 1.82 added by Stats. 1977, Ch. 221. ) ## CHAPTER 3. Civil Remedies [1799.2 - 1799.3] ( Chapter 3 added by Stats. 1977, Ch. 221. )

    Verify source ↗

    A person may sue a business entity for violating Section 1799.1, and the business entity must pay actual damages of at least $500 plus court costs and reasonable attorneys’ 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 1.82. BUSINESS RECORDS [1799 - 1799.3] ( Title 1.82 added by Stats. 1977, Ch. 221. ) ## CHAPTER 3. Civil Remedies [1799.2 - 1799.3] ( Chapter 3 added by Stats. 1977, Ch. 221. ) ## 1799.2. (a) A person may initiate a civil action against a business entity in accordance with state law whenever a business entity violates the provisions of Section 1799.1. (b) In any suit brought pursuant to the provisions of subdivision (a) a business entity which has violated Section 1799.1 shall be liable to the person in an amount equal to the actual damages sustained by the person as a result of such violation, but in no case less than five hundred dollars ($500), and the attendant court costs and reasonable attorneys’ fees. (c) An action to enforce any liability created under this section may be brought in any court of competent jurisdiction within two years from the date on which the cause of action arose. (Added by Stats. 1977, Ch. 221.)
  127. 1799.200.

    ## 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 1.86. CONSUMER CONTRACT AWARENESS ACT OF 1990 [1799.200 - 1799.209] ( Title 1.86 added by Stats. 1990, Ch. 1079, Sec. 1. )

    Verify source ↗

    This section says the title may be cited as the Consumer Contract Awareness Act of 1990.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.86. CONSUMER CONTRACT AWARENESS ACT OF 1990 [1799.200 - 1799.209] ( Title 1.86 added by Stats. 1990, Ch. 1079, Sec. 1. ) ## 1799.200. This title shall be known and may be cited as the Consumer Contract Awareness Act of 1990. (Added by Stats. 1990, Ch. 1079, Sec. 1. Operative July 1, 1991, by Sec. 3 of Ch. 1079.)
  128. 1799.201.

    ## 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 1.86. CONSUMER CONTRACT AWARENESS ACT OF 1990 [1799.200 - 1799.209] ( Title 1.86 added by Stats. 1990, Ch. 1079, Sec. 1. )

    Verify source ↗

    This section defines key terms used in Title 1.86, including consumer, consumer contract, guaranty, copy, days, goods, guarantor, seller, services, and financial institution.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.86. CONSUMER CONTRACT AWARENESS ACT OF 1990 [1799.200 - 1799.209] ( Title 1.86 added by Stats. 1990, Ch. 1079, Sec. 1. ) ## 1799.201. As used in this title: (a) “Consumer” means a natural person who has entered into a consumer contract with a seller. (b) “Consumer contract” means a writing prepared by a seller and, except as provided in subdivision (c) of Section 1799.202, signed, or to be signed, by a consumer, which provides (1) for the sale or lease of goods or services that are purchased or leased primarily for personal, family, or household purposes, or (2) for extension of credit, the proceeds of which are used primarily for personal, family, or household purposes. Without affecting the enforceability of any incidental provision contained therein, an application for credit shall not be considered to be a consumer contract for purposes of this section even if it contains incidental provisions, such as the consumer’s consent to a credit review, a certification of the accuracy of the information furnished, or the consumer’s agreement to the terms that will be furnished to the consumer pursuant to this title. (c) “Consumer contract guaranty” means a writing prepared by a seller and signed, or to be signed, by a guarantor which guarantees the obligation of a consumer under a consumer contract. (d) “Copy” means a reproduction, facsimile, or duplicate. (e) “Days” means calendar days. (f) “Goods” means tangible and intangible personal property. (g) “Guarantor” means a person who guarantees the obligation of a consumer under a consumer contract by signing a consumer contract guaranty. (h) “Seller” means a person who has entered into a consumer contract with a consumer. (i) “Services” means work, labor, and services, including depository services and other banking services. (j) “Financial institution” means any commercial bank, trust company, savings and loan association, credit union, industrial loan company, insurance company, or person engaged in the business of lending money. (Amended by Stats. 1992, Ch. 879, Sec. 1. Effective January 1, 1993.)
  129. 1799.202.

    ## 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 1.86. CONSUMER CONTRACT AWARENESS ACT OF 1990 [1799.200 - 1799.209] ( Title 1.86 added by Stats. 1990, Ch. 1079, Sec. 1. )

    Verify source ↗

    A seller must give the consumer a copy of the consumer contract, either when it is signed at the seller’s business or by mail/delivery within 10 calendar days in other 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 1.86. CONSUMER CONTRACT AWARENESS ACT OF 1990 [1799.200 - 1799.209] ( Title 1.86 added by Stats. 1990, Ch. 1079, Sec. 1. ) ## 1799.202. (a) Except as otherwise provided in this title, a seller shall deliver a copy of a consumer contract to the consumer at the time it is signed by the consumer if the consumer contract is signed at a place of business of the seller. If the consumer contract is not signed by the consumer at a place of business of the seller, and the seller has not provided a copy of the consumer contract for the consumer which the consumer is instructed to keep, the seller shall mail or deliver a copy of it to the consumer within 10 calendar days after the seller receives the signed consumer contract. In any case, the copy of the contract provided to the consumer shall not contain any blank spaces to be completed after the consumer signs the contract, shall contain the signature of the seller if it provides for that signature, and may also contain the signature of the consumer. (b) A seller that is a financial institution need not deliver to the consumer, pursuant to subdivision (a), any writing which the consumer contract incorporates by reference if either of the following conditions apply: (1) The writing was previously delivered or mailed to the consumer. (2) The writing was not prepared by the seller. (c) If the consumer contract (1) is wholly or partly contained on a card or other writing which is used to identify the consumer in connection with a deposit account, safe deposit box, safekeeping agreement, or other service offered by a financial institution, and (2) contains information particular to the consumer’s account, box, or other arrangement that, if known by a third party, could be used by the third party to cause loss to the consumer or financial institution, the copy of the contract furnished to the consumer need not contain the consumer’s signature or any of the identifying information particular to the consumer’s account, box, or other arrangement. For purposes of this subdivision, a document which includes the same terms as those contained in the consumer contract shall be deemed a copy. (d) Within a reasonable time after receipt of a written request from a consumer, a seller or financial institution shall mail a copy of the consumer’s completed consumer credit application, which may, but need not, contain any information completed or added by the seller or financial institution, to the consumer at the address indicated on the request. By making a written request, the consumer shall conclusively be deemed to have waived any action against the seller or financial institution, as well as its employees or agents, on any theory, at law or in equity, arising directly or indirectly out of the mailing or other delivery of the copy, including any information added to the application by the seller or financial institution and included in the copy. The seller or financial institution may specify the address to which such a request may be sent, may charge the consumer a reasonable copying fee, and shall not be obligated to provide the copy until the fee is paid. (Amended by Stats. 1992, Ch. 879, Sec. 2. Effective January 1, 1993.)
  130. 1799.203.

    ## 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 1.86. CONSUMER CONTRACT AWARENESS ACT OF 1990 [1799.200 - 1799.209] ( Title 1.86 added by Stats. 1990, Ch. 1079, Sec. 1. )

    Verify source ↗

    A consumer contract can count as compliant if a copy is delivered or mailed to the consumer before the consumer enters the covered transaction.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.86. CONSUMER CONTRACT AWARENESS ACT OF 1990 [1799.200 - 1799.209] ( Title 1.86 added by Stats. 1990, Ch. 1079, Sec. 1. ) ## 1799.203. (a) It shall be deemed compliance with Section 1799.202 if a copy of any consumer contract which is subject to Article 10 (commencing with Section 1810.1) of Chapter 1 of Title 2, or which is an open-end consumer credit plan subject to Section 127 of the federal Truth in Lending Act (15 U.S.C. 1637), is delivered or mailed to the consumer before the consumer enters into a transaction covered and permitted by the consumer contract. (b) Section 1799.202 does not apply to any of the following: (1) A consumer contract for the purchase of goods by mail if the seller permits the consumer to examine the goods for seven calendar days and cancel the consumer contract and receive a full refund within 30 calendar days for returned unused and undamaged goods. (2) A written contract created by, and consisting of, an exchange of letters by mail. (3) Any consumer contract which is required to be mailed or delivered at a time prescribed by another law of this state or the United States. (Amended by Stats. 1991, Ch. 1129, Sec. 3.)
  131. 1799.204.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.86. CONSUMER CONTRACT AWARENESS ACT OF 1990 [1799.200 - 1799.209] ( Title 1.86 added by Stats. 1990, Ch. 1079, Sec. 1. )

    Verify source ↗

    If more than one consumer signed a consumer contract, the seller may mail or deliver the copy to one consumer at the shared address, and must also send a copy to any other signer who lives elsewhere.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.86. CONSUMER CONTRACT AWARENESS ACT OF 1990 [1799.200 - 1799.209] ( Title 1.86 added by Stats. 1990, Ch. 1079, Sec. 1. ) ## 1799.204. If more than one consumer has signed a consumer contact, the seller may comply with Section 1799.202 by mailing or delivering the copy to any one of the consumers who reside at the same address. A copy shall also be mailed or delivered to any other consumer who has signed the consumer contract and who does not reside at the same address. (Added by Stats. 1990, Ch. 1079, Sec. 1. Operative July 1, 1991, by Sec. 3 of Ch. 1079.)
  132. 1799.205.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.86. CONSUMER CONTRACT AWARENESS ACT OF 1990 [1799.200 - 1799.209] ( Title 1.86 added by Stats. 1990, Ch. 1079, Sec. 1. )

    Verify source ↗

    A seller that does not comply with Section 1799.202 can be liable to the consumer for actual damages caused by that failure.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.86. CONSUMER CONTRACT AWARENESS ACT OF 1990 [1799.200 - 1799.209] ( Title 1.86 added by Stats. 1990, Ch. 1079, Sec. 1. ) ## 1799.205. (a) A seller who fails to comply with Section 1799.202 is liable to the consumer for any actual damages suffered by the consumer as the result of that failure. The remedy provided by this subdivision is nonexclusive and is in addition to any other remedies or penalties available under other laws of this state. (b) Failure to comply with Section 1799.202 does not create an independent basis for the rescission, but is admissible to establish a basis for the rescission of the contract otherwise authorized by law. (Amended by Stats. 1991, Ch. 1129, Sec. 4.)
  133. 1799.206.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.86. CONSUMER CONTRACT AWARENESS ACT OF 1990 [1799.200 - 1799.209] ( Title 1.86 added by Stats. 1990, Ch. 1079, Sec. 1. )

    Verify source ↗

    A seller must give the guarantor a copy of the consumer contract guaranty, either when it is signed at the seller’s business or within 10 calendar days after receipt in other 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 1.86. CONSUMER CONTRACT AWARENESS ACT OF 1990 [1799.200 - 1799.209] ( Title 1.86 added by Stats. 1990, Ch. 1079, Sec. 1. ) ## 1799.206. (a) Except as otherwise provided in this section, a seller shall deliver a copy of the consumer contract guaranty to the guarantor at the time the consumer contract guaranty is signed by the guarantor if the consumer contract guaranty is signed by the guarantor at a place of business of the seller. If the consumer contract guaranty is not signed by the guarantor at a place of business of the seller, and the seller has not provided a copy of the consumer contract guaranty for the guarantor which the guarantor is able to keep, the seller shall mail or deliver a copy of the consumer contract guaranty to the guarantor within 10 calendar days after the seller receives the signed consumer contract guaranty. In any case, the copy of the consumer contract guaranty provided to the guarantor shall not contain any blank spaces to be completed after the guarantor signs the guaranty, shall contain the signature of the seller if it provides for that signature, and may also contain the signature of the guarantor. (b) If more than one guarantor has signed the consumer contract guaranty, the seller may comply with subdivision (a) by mailing or delivering the copy to any one of the guarantors who reside at the same address. A copy shall also be mailed or delivered to any guarantor who has signed the consumer contract guaranty and who does not reside at the same address. (c) A seller that fails to comply with this section is liable to the guarantor for any actual damages suffered by the guarantor as the result of that failure. The remedy provided by this subdivision is nonexclusive and in addition to any other remedies or penalties available under other laws of this state. (d) Failure to comply with this section does not create a new basis for rescission, but is admissible to establish a basis for rescission of the consumer contract guaranty otherwise authorized by law. (Amended by Stats. 1992, Ch. 879, Sec. 3. Effective January 1, 1993.)
  134. 1799.207.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.86. CONSUMER CONTRACT AWARENESS ACT OF 1990 [1799.200 - 1799.209] ( Title 1.86 added by Stats. 1990, Ch. 1079, Sec. 1. )

    Verify source ↗

    A waiver of this 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 1.86. CONSUMER CONTRACT AWARENESS ACT OF 1990 [1799.200 - 1799.209] ( Title 1.86 added by Stats. 1990, Ch. 1079, Sec. 1. ) ## 1799.207. 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. 20. Effective January 1, 2003.)
  135. 1799.208.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.86. CONSUMER CONTRACT AWARENESS ACT OF 1990 [1799.200 - 1799.209] ( Title 1.86 added by Stats. 1990, Ch. 1079, Sec. 1. )

    Verify source ↗

    A seller cannot require a consumer to agree to certain California-out arbitration clauses, and covered clauses are voidable by the consumer.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.86. CONSUMER CONTRACT AWARENESS ACT OF 1990 [1799.200 - 1799.209] ( Title 1.86 added by Stats. 1990, Ch. 1079, Sec. 1. ) ## 1799.208. (a) A seller shall not require a consumer to agree to a provision that would do either of the following: (1) Require the consumer to arbitrate outside of California a claim arising in California. (2) Require the consumer to arbitrate a controversy arising in California under the substantive law of a state other than California. (b) Any provision of a contract that violates subdivision (a) is voidable by the consumer, and if a provision is rendered void at the request of the consumer, the matter shall be adjudicated in California and California law shall govern the dispute. (c) In addition to injunctive relief and any other remedies available, a court may award a consumer who is enforcing their rights under this section reasonable attorney’s fees incurred in enforcing those rights. (d) For purposes of this section, adjudication includes litigation and arbitration. (e) This section applies to a contract entered into, modified, or extended on or after January 1, 2025. (Added by Stats. 2024, Ch. 986, Sec. 2. (SB 940) Effective January 1, 2025.)
  136. 1799.209.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.86. CONSUMER CONTRACT AWARENESS ACT OF 1990 [1799.200 - 1799.209] ( Title 1.86 added by Stats. 1990, Ch. 1079, Sec. 1. )

    Verify source ↗

    If a consumer contract requires arbitration and the dispute could be handled in small claims court, the consumer must be given the option to use the Small Claims Act instead.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.86. CONSUMER CONTRACT AWARENESS ACT OF 1990 [1799.200 - 1799.209] ( Title 1.86 added by Stats. 1990, Ch. 1079, Sec. 1. ) ## 1799.209. (a) If a consumer contract requires a dispute under the contract to be arbitrated and the dispute may be adjudicated pursuant to the Small Claims Act (Chapter 5.5 (commencing with Section 116.110) of Title 1 of Part 1 of the Code of Civil Procedure), the consumer shall be given the option to have the dispute adjudicated pursuant to that act. (b) This section applies to a contract entered into, modified, or extended on or after January 1, 2025. (Added by Stats. 2024, Ch. 986, Sec. 3. (SB 940) Effective January 1, 2025.)
  137. 1799.3.

    ## 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 1.82. BUSINESS RECORDS [1799 - 1799.3] ( Title 1.82 added by Stats. 1977, Ch. 221. ) ## CHAPTER 3. Civil Remedies [1799.2 - 1799.3] ( Chapter 3 added by Stats. 1977, Ch. 221. )

    Verify source ↗

    Video recording sales or rental services generally may not disclose a customer’s personal information or related records without that individual’s written consent.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.82. BUSINESS RECORDS [1799 - 1799.3] ( Title 1.82 added by Stats. 1977, Ch. 221. ) ## CHAPTER 3. Civil Remedies [1799.2 - 1799.3] ( Chapter 3 added by Stats. 1977, Ch. 221. ) ## 1799.3. (a) No person providing video recording sales or rental services shall disclose any personal information or the contents of any record, including sales or rental information, which is prepared or maintained by that person, to any person, other than the individual who is the subject of the record, without the written consent of that individual. (b) This section does not apply to any of the following: (1) To a disclosure to any person pursuant to a subpoena or court order. (2) To a disclosure that is in response to the proper use of discovery in a pending civil action. (3) To a disclosure to any person acting pursuant to a lawful search warrant. (4) To a disclosure to a law enforcement agency when required for investigations of criminal activity, unless that disclosure is prohibited by law. (5) To a disclosure to a taxing agency for purposes of tax administration. (6) To a disclosure of names and addresses only for commercial purposes. (c) Any willful violation of this section shall be subject to a civil penalty not to exceed five hundred dollars ($500) for each violation, which may be recovered in a civil action brought by the person who is the subject of the records. (d) (1) Any person who willfully violates this section on three or more occasions in any six-month period shall, in addition, be subject to a civil penalty not to exceed five hundred dollars ($500) for each violation, 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. (2) 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. (e) The penalty provided by this section is not an exclusive remedy, and does not affect any other relief or remedy provided by law. (Amended by Stats. 2009, Ch. 88, Sec. 14. (AB 176) Effective January 1, 2010.)
  138. 1799.300.

    ## 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 1.90. Commercial Financing Transactions with Small Businesses [1799.300 - 1799.304] ( Title 1.90 added by Stats. 2023, Ch. 881, Sec. 1. )

    Verify source ↗

    This section defines key terms for commercial financing transactions with small businesses, including broker, provider, recipient, confidential data, and small 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 1.90. Commercial Financing Transactions with Small Businesses [1799.300 - 1799.304] ( Title 1.90 added by Stats. 2023, Ch. 881, Sec. 1. ) ## 1799.300. For purposes of this title, the following definitions apply: (a) “Automated clearinghouse” means any federal reserve bank, or an organization established in agreement with the National Automated Clearing House Association, that operates as a clearinghouse for transmitting or receiving entries between banks or bank accounts and authorizes an electronic transfer of funds between these banks or bank accounts. (b) (1) “Broker” means a person who is engaged in the business of performing any of the following acts in connection with commercial financing made by a provider: (A) Transmitting confidential data about a prospective recipient to a provider with the expectation of compensation in connection with making a referral. (B) Making a referral to a provider under an agreement with the provider that a prospective recipient referred by the person to the provider meet certain criteria involving confidential data. (C) Participating in a negotiation of commercial financing between a provider and prospective recipient. (D) Counseling, advising, or making recommendations to a prospective recipient about a commercial financing transaction based on the prospective recipient’s confidential data. (E) (i) Participating in the preparation of any commercial financing documents, including, but not limited to, commercial financing applications, other than providing a prospective recipient blank copies of commercial financing documents. (ii) Notwithstanding clause (i), transmitting information that is not confidential data to a provider at the request of a prospective recipient shall not, by itself, constitute participation in the preparation of commercial financing documents. (F) Communicating to a prospective recipient a provider’s approval decisions related to a commercial financing transaction. (G) Charging a fee to a prospective recipient for any services related to a prospective recipient’s application for a commercial financing transaction from a provider. (2) Notwithstanding paragraph (1), a person is not a “broker” under this title solely because they take any of the following acts: (A) Performing support tasks, including, but not limited to, typing, word processing, data entry, filing, billing, answering phone calls, taking and receiving messages, and scheduling, in support of the performance by a broker of any of the activities described in subparagraphs (E) to (G), inclusive, of paragraph (1). (B) Furnishing a consumer report to a covered entity by a consumer reporting agency in accordance with subsection (a) or (c) of Section 1681b of Title 15 of the United States Code. (C) Furnishing a consumer credit report, as defined in Section 1785.3, to a covered entity by a consumer credit reporting agency in accordance with subdivision (a) or paragraph (1) of subdivision (b) of Section 1785.11. (D) Furnishing a prequalifying report, as defined in Section 1785.3, to a covered entity by a consumer credit reporting agency in accordance with paragraph (2) of subdivision (b) of Section 1785.11. (E) Distributing or disseminating to a prospective recipient of a provider’s marketing materials or factual information about the provider, its lending activities, or its loan products, including, but not limited to, the provider’s interest rates, the provider’s minimum or maximum loan amounts or loan periods, or a general description of the provider’s underwriting criteria. (c) “Commercial financing” has the same meaning as defined in Section 22800 of the Financial Code. (d) “Confidential data” means any of the following: (1) A bank account number. (2) A bank statement. (3) A credit or debit card account number. (4) A credit score, as defined in Section 1785.15.1. (5) All or a portion of a social security number. (6) Personal or business income information, including information self-reported by the person. (7) A taxpayer or employer identification number. (e) “Covered entity” means either of the following: (1) A provider. (2) A broker. (f) “Depository institution” means any of the following: (1) A bank, trust company, or industrial loan company doing business under the authority of, or in accordance with, a license, certificate, or charter issued by the United States, this state, or any other state, district, territory, or commonwealth of the United States that is authorized to transact business in this state. (2) A federally chartered savings and loan association, federal savings bank, or federal credit union that is authorized to transact business in this state. (3) A savings and loan association, savings bank, or credit union organized under the laws of this or any other state that is authorized to transact business in this state. (g) “Provider” means a person who extends a specific offer of commercial financing to a recipient, including, but not limited to, a nondepository institution that enters into a written agreement with a depository institution to arrange for the extension of commercial financing by the depository institution to a recipient via an online lending platform administered by the nondepository institution. The fact that a provider extends a specific offer of commercial financing or lending on behalf of a depository institution shall not be construed to mean that the provider engaged in lending or originated that loan or financing. (h) “Recipient” means a person who is presented a specific commercial financing offer by a provider that is equal to or less than five hundred thousand dollars ($500,000). (i) “Referral” means the introduction of a prospective recipient to a provider or the delivery of a prospective recipient’s contact information to a provider for the purpose of making an introduction. (j) “Small business” means an independently owned and operated business that is not dominant in its field of operation, the principal office of which is located in California, the officers of which are domiciled in California, and that, together with affiliates, has 100 or fewer employees and average annual gross receipts of fifteen million dollars ($15,000,000) or less over the previous three years. (Added by Stats. 2023, Ch. 881, Sec. 1. (SB 666) Effective January 1, 2024.)
  139. 1799.301.

    ## 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 1.90. Commercial Financing Transactions with Small Businesses [1799.300 - 1799.304] ( Title 1.90 added by Stats. 2023, Ch. 881, Sec. 1. )

    Verify source ↗

    This title does not apply to several listed providers and transactions, including certain depository institutions, Farm Credit Act lenders, real-property-secured transactions, low-volume lenders, and some dealer or vehicle-rental financing over $50,000.

    ## 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 1.90. Commercial Financing Transactions with Small Businesses [1799.300 - 1799.304] ( Title 1.90 added by Stats. 2023, Ch. 881, Sec. 1. ) ## 1799.301. This title does not apply to any of the following: (a) A provider that is a depository institution. (b) A provider that is a lender regulated under the federal Farm Credit Act of 1971 (12 U.S.C. Sec. 2001 et seq.). (c) A commercial financing transaction secured by real property. (d) A person who makes no more than one commercial financing transaction in California in a 12-month period. (e) A person who makes five or fewer commercial financing transactions in California in a 12-month period that are incidental to the business of that person. (f) A commercial financing transaction in which the recipient is a dealer, as defined by Section 285 of the Vehicle Code, or an affiliate of the dealer, pursuant to a specific commercial financing offer or commercial open-end credit plan of at least fifty thousand dollars ($50,000), including, but not limited to, a commercial loan made pursuant to that commercial financing transaction. (g) A commercial financing transaction in which the recipient is a vehicle rental company, or an affiliate of the vehicle rental company, pursuant to a specific commercial financing offer or commercial open-end credit plan of at least fifty thousand dollars ($50,000), including, but not limited to, a commercial loan made pursuant to that commercial financing transaction. (Added by Stats. 2023, Ch. 881, Sec. 1. (SB 666) Effective January 1, 2024.)
  140. 1799.302.

    ## 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 1.90. Commercial Financing Transactions with Small Businesses [1799.300 - 1799.304] ( Title 1.90 added by Stats. 2023, Ch. 881, Sec. 1. )

    Verify source ↗

    A covered entity may not charge specified fees in small-business commercial financing transactions, 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 1.90. Commercial Financing Transactions with Small Businesses [1799.300 - 1799.304] ( Title 1.90 added by Stats. 2023, Ch. 881, Sec. 1. ) ## 1799.302. A covered entity shall not charge any of the following in connection with a commercial financing transaction with a small business or small business owner: (a) A fee for accepting or processing a payment required by the terms of the commercial financing contract as an automated clearinghouse transfer debit, except for a fee imposed for a payment by an automated clearinghouse transfer that fails because of insufficient funds in the transferor’s account. (b) A fee for providing a small business with documentation prepared by the covered entity that contains a statement of the amount due to satisfy the remaining amount owed, including, but not limited to, interest accrued to the date the statement is prepared and a means of calculating per diem interest accruing thereafter. (c) A fee in addition to an origination fee that does not have a clear corresponding service provided for the fee, including, but not limited to, a risk assessment, due diligence, or platform fee. (d) (1) A fee for monitoring the small business’ collateral. (2) Paragraph (1) does not apply if any of the following are true: (A) The commercial financing transaction is an asset-based loan or factoring, and the fee is intended to compensate the covered entity for actions taken to validate the collateral with the intended purpose of maximizing the amount of financing provided to the small business or small business owner under the financing contract pursuant to which the fee is charged. (B) The fee is expressed as a dollar amount or a percentage of an identifiable base, and the fee is deemed a finance charge, as described in Section 943 of Subchapter 3 of Chapter 3 of Title 10 of the California Code of Regulations. (C) The commercial financing transaction is delinquent for more than 60 days. (e) A fee for filing or terminating a lien filed in accordance with the provisions of the Uniform Commercial Code against the business’ assets that exceeds 150 percent of the cost of the filing or termination. (Amended by Stats. 2024, Ch. 194, Sec. 1. (SB 1521) Effective January 1, 2025.)
  141. 1799.303.

    ## 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 1.90. Commercial Financing Transactions with Small Businesses [1799.300 - 1799.304] ( Title 1.90 added by Stats. 2023, Ch. 881, Sec. 1. )

    Verify source ↗

    If a covered entity violates Section 1799.302, the recipient can seek damages, injunctive relief, attorney’s fees and costs, and other proper 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 1.90. Commercial Financing Transactions with Small Businesses [1799.300 - 1799.304] ( Title 1.90 added by Stats. 2023, Ch. 881, Sec. 1. ) ## 1799.303. (a) If a covered entity violates Section 1799.302, the recipient shall be entitled to all of the following relief: (1) Actual damages sustained as a result of the violation, including, but not limited to, the amount of fees paid by the recipient that are prohibited by Section 1799.302. (2) Statutory damages of at least five hundred dollars ($500) but not greater than two thousand five hundred dollars ($2,500). (3) Injunctive relief. (4) Attorney’s fees and costs. (5) Any other relief that the court deems proper. (b) A court may award a covered entity that is the prevailing party in an action brought pursuant to this section reasonable attorney’s fees upon a finding that the recipient brought the action in bad faith. (Added by Stats. 2023, Ch. 881, Sec. 1. (SB 666) Effective January 1, 2024.)
  142. 1799.304.

    ## 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 1.90. Commercial Financing Transactions with Small Businesses [1799.300 - 1799.304] ( Title 1.90 added by Stats. 2023, Ch. 881, Sec. 1. )

    Verify source ↗

    A waiver of this 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 1.90. Commercial Financing Transactions with Small Businesses [1799.300 - 1799.304] ( Title 1.90 added by Stats. 2023, Ch. 881, Sec. 1. ) ## 1799.304. A waiver of the provisions of this title is contrary to public policy and is void and unenforceable. (Added by Stats. 2023, Ch. 881, Sec. 1. (SB 666) Effective January 1, 2024.)
  143. 1799.5.

    ## 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 1.83. PRECOMPUTED INTEREST [1799.5 - 1799.6] ( Title 1.83 added by Stats. 1979, Ch. 805. )

    Verify source ↗

    This section defines precomputed interest and generally bars certain personal, family, or household loans from providing it when the final installment is due more than 62 months after the loan date.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.83. PRECOMPUTED INTEREST [1799.5 - 1799.6] ( Title 1.83 added by Stats. 1979, Ch. 805. ) ## 1799.5. (a) “Precomputed interest” means interest, as that term is contemplated by the Truth in Lending Act, 15 United States Code 1605(a)(1), which is (1) computed by multiplying the original balance of the loan by a rate and multiplying that product by the number of payment periods elapsing between the date of the loan and the date of the last scheduled payment and (2) either added to the original principal balance of the loan in advance or subtracted from the loan proceeds. (b) No loan which is made to a natural person primarily for personal, family, or household purposes shall provide for the payment of precomputed interest if the date on which the final installment is due, according to the original terms of the loan, is more than 62 months after the date of the loan. (c) For purposes of determining whether a loan is covered by this title, the lender may conclusively rely on any written statement of intended purpose signed by the borrower. Such written statement may be a separate statement signed by the borrower or may be contained in a loan application or other document signed by the borrower. (d) For purposes of this title, the term “loan” does not include the forbearance of a debt arising from a sale or lease of property and does not include any loan arising under an open end credit plan. (e) This title shall apply only to loans made on or after January 1, 1983. (Amended by Stats. 1980, Ch. 1380, Sec. 2. Effective October 1, 1980.)
  144. 1799.6.

    ## 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 1.83. PRECOMPUTED INTEREST [1799.5 - 1799.6] ( Title 1.83 added by Stats. 1979, Ch. 805. )

    Verify source ↗

    A waiver of this title’s provisions is against public policy and 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 1.83. PRECOMPUTED INTEREST [1799.5 - 1799.6] ( Title 1.83 added by Stats. 1979, Ch. 805. ) ## 1799.6. 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. 17. Effective January 1, 2003.)
  145. 1799.8.

    ## 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 1.84. PRECOMPUTED FINANCE CHARGE CONTRACT [1799.8 - 1799.85] ( Title 1.84 added by Stats. 1979, Ch. 805. )

    Verify source ↗

    This section defines “precomputed finance charge” and “contract,” limits when such charges may be included, lets the seller rely on a signed written statement about purpose, and says the title applies only to contracts entered into on or after January 1, 1983.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.84. PRECOMPUTED FINANCE CHARGE CONTRACT [1799.8 - 1799.85] ( Title 1.84 added by Stats. 1979, Ch. 805. ) ## 1799.8. (a) “Precomputed finance charge” means a finance charge which is (1) computed by multiplying the original contract balance by a rate and multiplying that product by the number of payment periods elapsing between the date of the contract and the date of the last scheduled payment and (2) either added to the original contract balance in advance or subtracted from the contract balance. (b) “Contract” means any agreement (1) providing for the construction, sale, or construction and sale of an entire residence, with or without a parcel of real property or an interest therein, or for the sale of a lot or parcel of real property, including any site preparation incidental to such sale, and (2) where the purchaser is a natural person who enters into such agreement primarily for personal, family, or household purposes. (c) No contract as defined in subdivision (b) shall provide for the payment of a precomputed finance charge if the date on which the final installment is due, according to the original terms of the contract, is more than 62 months after the date of the contract. (d) For purposes of determining whether a contract is covered by this title, the seller may conclusively rely on any written statement of intended purpose signed by the purchaser. Such written statement may be a separate statement signed by the purchaser or may be contained in a credit application or other document signed by the purchaser. (e) This title shall apply only to contracts entered into on or after January 1, 1983. (Added by Stats. 1979, Ch. 805.)
  146. 1799.85.

    ## 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 1.84. PRECOMPUTED FINANCE CHARGE CONTRACT [1799.8 - 1799.85] ( Title 1.84 added by Stats. 1979, Ch. 805. )

    Verify source ↗

    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 1.84. PRECOMPUTED FINANCE CHARGE CONTRACT [1799.8 - 1799.85] ( Title 1.84 added by Stats. 1979, Ch. 805. ) ## 1799.85. 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. 18. Effective January 1, 2003.)
  147. 1799.90.

    ## 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 1.85. CONSUMER CREDIT CONTRACTS [1799.90 - 1799.104] ( Title 1.85 added by Stats. 1975, Ch. 847. )

    Verify source ↗

    This section defines “consumer credit contract” and “creditor” for 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 1.85. CONSUMER CREDIT CONTRACTS [1799.90 - 1799.104] ( Title 1.85 added by Stats. 1975, Ch. 847. ) ## 1799.90. As used in this title: (a) “Consumer credit contract” means any of the following obligations to pay money on a deferred payment basis, where the money, property, services or other consideration which is the subject matter of the contract is primarily for personal, family or household purposes: (1) Retail installment contracts, as defined in Section 1802.6. (2) Retail installment accounts, as defined in Section 1802.7. (3) Conditional sales contracts, as defined in Section 2981. (4) Loans or extensions of credit secured by other than real property, or unsecured, for use primarily for personal, family or household purposes. (5) Loans or extensions of credit for use primarily for personal, family or household purposes where such loans or extensions of credit are subject to the provisions of Article 7 (commencing with Section 10240) of Chapter 3 of Part I of Division 4 of the Business and Professions Code, Division 7 (commencing with Section 18000), Division 9 (commencing with Section 22000), or Division 10 (commencing with Section 24000) of the Financial Code, whether secured by real property or otherwise. (6) Lease contracts, as defined in Section 2985.7. (b) “Creditor” means an individual, partnership, corporation, association or other entity, however designated, who enters into or arranges for consumer credit contracts in the ordinary course of business. (Amended by Stats. 1997, Ch. 800, Sec. 1. Effective January 1, 1998.)
  148. 1799.91.

    ## 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 1.85. CONSUMER CREDIT CONTRACTS [1799.90 - 1799.104] ( Title 1.85 added by Stats. 1975, Ch. 847. )

    Verify source ↗

    Creditors and lessors must give specific cosigner notices before the other person becomes liable, with language and formatting requirements, and the state department must post translations.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.85. CONSUMER CREDIT CONTRACTS [1799.90 - 1799.104] ( Title 1.85 added by Stats. 1975, Ch. 847. ) ## 1799.91. (a) Each creditor who obtains the signature of more than one person on a consumer credit contract shall deliver to each person who does not in fact receive any of the money, property, or services which are the subject matter of the consumer credit contract, prior to that person’s becoming obligated on the consumer credit contract, a notice in English and the languages set forth in subdivision (b) of Section 1632 in a clear and conspicuous manner in at least 10-point Arial equivalent type as follows: ## NOTICE TO COSIGNER You are being asked to guarantee this debt. Think carefully before you do. If the borrower doesn’t pay the debt, you will have to. Be sure you can afford to pay if you have to, and that you want to accept this responsibility. You may have to pay up to the full amount of the debt if the borrower does not pay. You may also have to pay late fees or collection costs, which increase this amount. The creditor can collect this debt from you without first trying to collect from the borrower. The creditor can use the same collection methods against you that can be used against the borrower, such as suing you, garnishing your wages, etc. If this debt is ever in default, that fact may become a part of your credit record. This notice is not the contract that makes you liable for the debt. (b) Whenever notice is required to be given under subdivision (a) or (d) and the consumer credit contract is written in a language other than English or a language set forth in subdivision (b) of Section 1632, the creditor shall deliver the notice as required in subdivision (a) or (d) in English and in the language in which the consumer contract is written. (c) The requirements of subdivisions (a) and (b) do not apply to a creditor offering or extending open-end credit, as defined in Regulation Z, to joint applicants if all of the following conditions are satisfied: (1) The application or agreement signed by each applicant clearly and conspicuously discloses that after credit approval each applicant shall have the right to use the open-end credit plan to the extent of any limit set by the creditor and may be liable for all amounts extended under the plan to any joint applicant. (2) After credit approval, the creditor issues for the use of each applicant any credit device such as a credit card which may be used to obtain credit under the open-end credit plan and sends the credit device to the address specified in the application or otherwise delivers the credit device in a manner specified in the application or agreement signed by each applicant. This paragraph does not apply to a creditor who does not issue a credit card or other credit device in order to obtain credit under the creditor’s open-end credit plan. (d) A lessor under a lease shall deliver to each person who does not in fact receive the vehicle which is the subject of the lease contract, prior to that person becoming liable on the lease contract, the following notice in English and the languages set forth in subdivision (b) of Section 1632 in a clear and conspicuous manner in at least 10-point Arial equivalent type in lieu of the notice required by subdivision (a): ## NOTICE TO COSIGNER You are being asked to guarantee this lease. Think carefully before you do. If the lessee doesn’t pay, you will have to. Be sure you can afford to pay if you have to, and that you want to accept this responsibility. You may have to pay up to the full amount owed on the lease if the lessee does not pay. You may also have to pay late fees or other collection costs, which increase this amount. The lessor can collect on the lease from you without first trying to collect from the lessee. The lessor can use the same collection methods against you that can be used against the lessee, such as suing you, garnishing your wages, etc. If this lease is ever in default, that fact may become part of your credit record. This notice is not the contract that makes you liable for the lease obligation. (e) “Regulation Z” has the meaning set forth in Section 1802.18. (f) The word “your” in the last sentence of the third paragraph of the notice in English set forth in subdivisions (a) and (d) shall be italicized. (g) (1) On or before January 1, 2023, the Department of Financial Protection and Innovation shall make available for download on its internet website translations of the notices set forth in subdivisions (a) and (d), which may be used to satisfy the requirements of this section. (2) If additional languages are added to Section 1632 by subsequent amendment, the department shall make available for download on its internet website translations of the notices set forth in subdivisions (a) and (d) in the new language. (Amended by Stats. 2022, Ch. 149, Sec. 1. (SB 633) Effective January 1, 2023.)
  149. 1799.92.

    ## 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 1.85. CONSUMER CREDIT CONTRACTS [1799.90 - 1799.104] ( Title 1.85 added by Stats. 1975, Ch. 847. )

    Verify source ↗

    The required notice must be on a separate sheet with limited text, a date and receipt acknowledgment, and it must be attached to and come before the consumer credit contract or 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 1.85. CONSUMER CREDIT CONTRACTS [1799.90 - 1799.104] ( Title 1.85 added by Stats. 1975, Ch. 847. ) ## 1799.92. (a) The notice required by Section 1799.91 shall be provided on a separate sheet that meets the following requirements: (1) It shall not contain any other text except as is necessary to identify the creditor and consumer credit contract or lessor and lease to which the statement refers. (2) It shall provide for the date and the person’s acknowledgment of receipt. (3) It shall be attached to and precede the consumer credit contract or lease. (b) The creditor or lessor may develop the separate sheet described in subdivision (a) so long as it conforms to the requirements of this title. (Amended by Stats. 2022, Ch. 149, Sec. 2. (SB 633) Effective January 1, 2023.)
  150. 1799.93.

    ## 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 1.85. CONSUMER CREDIT CONTRACTS [1799.90 - 1799.104] ( Title 1.85 added by Stats. 1975, Ch. 847. )

    Verify source ↗

    A creditor may not get a signature on a consumer credit contract if blank spaces will still be filled in afterward, and must give certain notice recipients copies of the contract documents and related 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 1.85. CONSUMER CREDIT CONTRACTS [1799.90 - 1799.104] ( Title 1.85 added by Stats. 1975, Ch. 847. ) ## 1799.93. (a) The creditor shall not obtain the signature of any person entitled to notice under Section 1799.91 if the consumer credit contract contains blank spaces to be filled in after the person’s signature has been obtained. (b) The creditor shall give each person entitled to notice under Section 1799.91 a copy of the debt instrument and security agreement or deed of trust, if any, evidencing the consumer credit contract and, if separate therefrom, a copy of the notice required by Section 1799.91 and a copy of the document evidencing that person’s obligations. (Amended by Stats. 1985, Ch. 987, Sec. 3.)
  151. 1799.94.

    ## 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 1.85. CONSUMER CREDIT CONTRACTS [1799.90 - 1799.104] ( Title 1.85 added by Stats. 1975, Ch. 847. )

    Verify source ↗

    The required statement under Section 1799.91 must not be read to change the parties’ rights or obligations under a consumer credit contract.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.85. CONSUMER CREDIT CONTRACTS [1799.90 - 1799.104] ( Title 1.85 added by Stats. 1975, Ch. 847. ) ## 1799.94. The text of the statement required by Section 1799.91 of this title shall not be construed to alter or affect the rights and obligations of the parties to any consumer credit contract. (Added by Stats. 1975, Ch. 847.)
  152. 1799.95.

    ## 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 1.85. CONSUMER CREDIT CONTRACTS [1799.90 - 1799.104] ( Title 1.85 added by Stats. 1975, Ch. 847. )

    Verify source ↗

    A creditor or a creditor’s assignee may not sue or enforce a security interest on a noncompliant consumer credit contract against a person entitled to notice who did not receive the contract’s money, property, or 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 1.85. CONSUMER CREDIT CONTRACTS [1799.90 - 1799.104] ( Title 1.85 added by Stats. 1975, Ch. 847. ) ## 1799.95. No action shall be brought, nor shall any security interest be enforced, by any creditor or any assignee of a creditor on any consumer credit contract which fails to comply with this title against any person, however designated, who is entitled to notice under Section 1799.91 and who does not in fact receive any of the money, property or services which are the subject matter of the consumer credit contract. Nothing herein shall affect the rights of any bona fide purchaser for value of property sold pursuant to the enforcement of a security interest if the purchase was made without notice of any facts constituting a violation of this title. (Amended by Stats. 1985, Ch. 987, Sec. 4.)
  153. 1799.96.

    ## 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 1.85. CONSUMER CREDIT CONTRACTS [1799.90 - 1799.104] ( Title 1.85 added by Stats. 1975, Ch. 847. )

    Verify source ↗

    If federal law or regulations allow a similar notice, using that federally sanctioned notice plus an accurate translation can count as compliance with Section 1799.91.

    ## 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 1.85. CONSUMER CREDIT CONTRACTS [1799.90 - 1799.104] ( Title 1.85 added by Stats. 1975, Ch. 847. ) ## 1799.96. If federal law or regulations require or permit the use of a notice substantially similar to that required by Section 1799.91, the use of such federally sanctioned notice and an accurate translation thereof into the languages set forth in subdivision (b) of Section 1632 shall constitute compliance with Section 1799.91. However, the other provisions of this title shall remain unaffected. (Amended by Stats. 2022, Ch. 149, Sec. 3. (SB 633) Effective January 1, 2023.)
  154. 1799.97.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.85. CONSUMER CREDIT CONTRACTS [1799.90 - 1799.104] ( Title 1.85 added by Stats. 1975, Ch. 847. )

    Verify source ↗

    A consumer credit contract may not create a security interest in certain religious items worth under $500 unless they are specifically pledged as collateral.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.85. CONSUMER CREDIT CONTRACTS [1799.90 - 1799.104] ( Title 1.85 added by Stats. 1975, Ch. 847. ) ## 1799.97. (a) No consumer credit contract shall provide for a security interest in any religious books, religious artifacts, or religious materials, valued at less than five hundred dollars ($500), unless the religious books, artifacts, or materials are specifically pledged as collateral. (b) Any provision in any contract which provides for a security interest in violation of subdivision (a) shall be void and unenforceable. (Added by Stats. 1984, Ch. 732, Sec. 1.)
  155. 1799.98.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.85. CONSUMER CREDIT CONTRACTS [1799.90 - 1799.104] ( Title 1.85 added by Stats. 1975, Ch. 847. )

    Verify source ↗

    This section says Title 1.85 does not make certain listed provisions applicable, does not affect them, and does not waive them. It also says delivering notice under Section 1799.91 is not evidence that the recipient entered or did not enter the transaction as a surety.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.85. CONSUMER CREDIT CONTRACTS [1799.90 - 1799.104] ( Title 1.85 added by Stats. 1975, Ch. 847. ) ## 1799.98. (a) Nothing in this title shall be construed to make applicable or affect or operate as a waiver of any of the provisions of any of the following: (1) Title 13 (commencing with Section 2787) of Part 4 of Division 3 of this code. (2) Parts 1 (commencing with Section 700), 2 (commencing with Section 760), 3 (commencing with Section 900), and 4 (commencing with Section 1100) of Division 4 of the Family Code. (3) Sections 4301 and 4302 of the Family Code. (b) The delivery of notice pursuant to Section 1799.91 is not evidence that the person to whom the notice was delivered entered or did not enter the transaction in the capacity of a surety. (Amended (as amended by Stats. 1992, Ch. 163, Sec. 10) by Stats. 1993, Ch. 219, Sec. 28.5. Effective January 1, 1994.)
  156. 1799.99.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 1.85. CONSUMER CREDIT CONTRACTS [1799.90 - 1799.104] ( Title 1.85 added by Stats. 1975, Ch. 847. )

    Verify source ↗

    This section limits actions and security-interest enforcement for certain transactions unless the obligated persons are married to each other and the required notice, plus an accurate Spanish translation, was given in the prescribed 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 1.85. CONSUMER CREDIT CONTRACTS [1799.90 - 1799.104] ( Title 1.85 added by Stats. 1975, Ch. 847. ) ## 1799.99. (a) This section applies to transactions, other than consumer credit contracts as defined in Section 1799.90, which are subject to 16 C.F.R. 444.3, 12 C.F.R. 227.14, or 12 C.F.R. 535.3, whichever is applicable to the creditor. (b) Unless the persons who are obligated under the transaction are married to each other, no action shall be brought, nor shall any security interest be enforced, against any person entitled to receive notice under 16 C.F.R. 444.3, 12 C.F. R. 227.14, or 12 C.F.R. 535.3, whichever is applicable to the creditor, if that person did not receive the notice in the manner prescribed by the applicable regulation and an accurate Spanish translation of the notice. (Amended by Stats. 1988, Ch. 160, Sec. 15.)
  157. 1801.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 1. General Provisions [1801 - 1801.7] ( Article 1 added by Stats. 1959, Ch. 201. )

    Verify source ↗

    This chapter may be cited as the “Unruh 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 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 1. General Provisions [1801 - 1801.7] ( Article 1 added by Stats. 1959, Ch. 201. ) ## 1801. This chapter may be cited as the “Unruh Act.” (Added by Stats. 1959, Ch. 201.)
  158. 1801.1.

    ## 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 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 1. General Provisions [1801 - 1801.7] ( Article 1 added by Stats. 1959, Ch. 201. )

    Verify source ↗

    A buyer cannot waive the provisions of this chapter; any such waiver 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 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 1. General Provisions [1801 - 1801.7] ( Article 1 added by Stats. 1959, Ch. 201. ) ## 1801.1. Any waiver by the buyer of the provisions of this chapter shall be deemed contrary to public policy and shall be unenforceable and void. (Amended by Stats. 1963, Ch. 1603.)
  159. 1801.2.

    ## 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 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 1. General Provisions [1801 - 1801.7] ( Article 1 added by Stats. 1959, Ch. 201. )

    Verify source ↗

    If part of this chapter is found unconstitutional, 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 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 1. General Provisions [1801 - 1801.7] ( Article 1 added by Stats. 1959, Ch. 201. ) ## 1801.2. If any provisions of this chapter or the application thereof to any person or circumstances is held unconstitutional, the remainder of the chapter and the application of such provision to other persons or circumstances shall not be affected thereby. (Added by Stats. 1959, Ch. 201.)
  160. 1801.4.

    ## 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 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 1. General Provisions [1801 - 1801.7] ( Article 1 added by Stats. 1959, Ch. 201. )

    Verify source ↗

    This chapter does not apply to certain contracts, including sales or construction sales of residences, lots or parcels of real property, aircraft required to be registered, and vessels over $25,000.

    ## 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 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 1. General Provisions [1801 - 1801.7] ( Article 1 added by Stats. 1959, Ch. 201. ) ## 1801.4. The provisions of this chapter shall not apply to any contract or series of contracts providing for: (a) the construction, sale, or construction and sale of an entire residence, including a mobilehome, or all or part of a structure designed for commerical or industrial occupancy, with or without a parcel of real property or an interest therein, (b) for the sale of a lot or parcel of real property, including any site preparation incidental to such sale, (c) the sale of any aircraft required to be registered under the Federal Aviation Act of 1958, or (d) the sale of any vessel as defined in subdivision (a) of Section 9840 of the Vehicle Code if the cash price of such vessel, including accessories and equipment sold in conjunction therewith, exceeds twenty-five thousand dollars ($25,000). (Amended by Stats. 1980, Ch. 1149, Sec. 6.)
  161. 1801.5.

    ## 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 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 1. General Provisions [1801 - 1801.7] ( Article 1 added by Stats. 1959, Ch. 201. )

    Verify source ↗

    Certain required disclosures in retail installment contracts may be made using Regulation Z wording and methods, subject to stated limits and conditions.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 1. General Provisions [1801 - 1801.7] ( Article 1 added by Stats. 1959, Ch. 201. ) ## 1801.5. Notwithstanding any other provision of this chapter to the contrary, any information required to be disclosed in a retail installment contract or other document under this chapter may be disclosed in any manner, method, or terminology required or permitted under Regulation Z, as in effect at the time such disclosure is made, except that permitted by paragraph (2) of subdivision (c) of Section 226.18 of Regulation Z, provided that all of the requirements and limitations set forth in subdivision (b) of Section 1803.3 are satisfied. Nothing contained in this chapter shall be deemed to prohibit the disclosure in such contract or other document of additional information required or permitted under Regulation Z, as in effect at the time such disclosure is made. (Amended by Stats. 1981, Ch. 1075, Sec. 1. Operative October 1, 1982, or sooner, by Sec. 25 of Ch. 1075, as amended by Stats. 1982, Ch. 129, Sec. 12.)
  162. 1801.6.

    ## 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 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 1. General Provisions [1801 - 1801.7] ( Article 1 added by Stats. 1959, Ch. 201. )

    Verify source ↗

    This section limits when the chapter applies to certain loan-financed purchases and defines “supervised financial organization.”

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 1. General Provisions [1801 - 1801.7] ( Article 1 added by Stats. 1959, Ch. 201. ) ## 1801.6. (a) The Legislature finds that the decisional law of this state regarding the characterization of credit transactions as either loans or credit sales has been made unclear by the holding in King v. Central Bank, 18 Cal. 3d 840. It is the purpose of subdivision (b) to clarify such law by establishing standards for determining whether a transaction is subject to the Unruh Act. However, subdivision (b) is not intended to abrogate the judicial principle that the substance of a transaction rather than its form is determinative of its characterization as a loan or credit sale as exemplified by such decisions as Verbeck v. Clymer, 202 Cal. 557, Milana v. Credit Discount Co., 27 Cal. 2d 335, and Boerner v. Colwell Co., 21 Cal. 3d 37. Subdivision (b) also is not intended to abrogate the decision in Morgan v. Reasor Corp., 69 Cal. 2d 881, to the extent such decision has not been modified by Chapter 554 of the Statutes of 1969 or other legislative amendments to the Unruh Act. (b) The provisions of this chapter shall not apply to any transaction in the form of a loan made by a supervised financial organization to a buyer of goods or services where all or a portion of the loan proceeds are used to purchase such goods or services, whether or not the seller of such goods or services arranges the loan or participates in the preparation of the loan documents, unless the supervised financial organization and the seller: (1) Are related by common ownership and control and the relationship was a material factor in the loan transaction; or (2) Share in the profits and losses of either or both the sale and the loan. (c) For purposes of this section: (1) The term “supervised financial organization” means a person organized, chartered, or holding a license or authorization certificate to make loans pursuant to the laws of this state or the United States who is subject to supervision by an official or agency of this state or the United States. (2) Receipt of a loan commission, brokerage or referral fee by a seller from a supervised financial organization shall not constitute a sharing of profits of the supervised financial organization, provided that such payment (i) is reasonable under the circumstances existing at the time the loan is consummated, and (ii) is not refundable or is wholly or partly refundable only if the loan is voluntarily paid in full prior to its scheduled maturity. For purposes of this paragraph, a loan commission, brokerage or referral fee not exceeding the greater of 1 percent of the amount financed (as that term is defined by Regulation Z with respect to loans), or twenty dollars ($20), is reasonable under the circumstances existing at the time the loan is consummated. (3) Payment of money by a seller to a supervised financial organization pursuant to an actual or alleged contractual or statutory obligation to indemnify a supervised financial organization for losses incurred as a result of the assertion by a buyer of claims or defenses with respect to goods or services purchased with loan proceeds shall not constitute participation in or sharing of loan losses by the seller. (Amended by Stats. 1980, Ch. 438, Sec. 1.)
  163. 1801.7.

    ## 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 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 1. General Provisions [1801 - 1801.7] ( Article 1 added by Stats. 1959, Ch. 201. )

    Verify source ↗

    This chapter does not apply to premium finance agreements made by an industrial loan company under the specified Financial Code 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 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 1. General Provisions [1801 - 1801.7] ( Article 1 added by Stats. 1959, Ch. 201. ) ## 1801.7. The provisions of this chapter shall not apply to any premium finance agreement entered into by an industrial loan company pursuant to Chapter 8 (commencing with Section 18560) of Division 7 of the Financial Code. (Added by Stats. 1979, Ch. 1151.)
  164. 1802.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 2. Definitions [1802 - 1802.21] ( Article 2 added by Stats. 1959, Ch. 201. )

    Verify source ↗

    The definitions in this article control how this chapter is read, unless the context or subject matter 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 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 2. Definitions [1802 - 1802.21] ( Article 2 added by Stats. 1959, Ch. 201. ) ## 1802. Unless the context or subject matter otherwise requires, the definitions given in this article govern the construction of this chapter. (Added by Stats. 1959, Ch. 201.)
  165. 1802.1.

    ## 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 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 2. Definitions [1802 - 1802.21] ( Article 2 added by Stats. 1959, Ch. 201. )

    Verify source ↗

    This section defines “goods” for retail installment sales.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 2. Definitions [1802 - 1802.21] ( Article 2 added by Stats. 1959, Ch. 201. ) ## 1802.1. “Goods” means tangible chattels bought for use primarily for personal, family or household purposes, including certificates or coupons exchangeable for such goods, and including goods which, at the time of the sale or subsequently are to be so affixed to real property as to become a part of such real property whether or not severable therefrom, but does not include any vehicle required to be registered under the Vehicle Code, nor any goods sold or leased with such a vehicle if sold under a contract governed by Section 2982 or leased under a contract governed by Section 2985.7. “Goods” also includes a trailer which is sold in conjunction with a vessel, as defined in subdivision (a) of Section 9840 of the Vehicle Code, unless the sales transaction is exempted under Section 1801.4. As used in this section, “trailer” means a vehicle designed solely for carrying vessels. (Amended by Stats. 1985, Ch. 1186, Sec. 1.)
  166. 1802.10.

    ## 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 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 2. Definitions [1802 - 1802.21] ( Article 2 added by Stats. 1959, Ch. 201. )

    Verify source ↗

    This section defines “finance charge” for retail installment sales and lists amounts that are excluded from that term.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 2. Definitions [1802 - 1802.21] ( Article 2 added by Stats. 1959, Ch. 201. ) ## 1802.10. “Finance charge” means the amount however denominated or expressed which the retail buyer contracts to pay or pays for the privilege of purchasing goods or services to be paid for by the buyer in installments. “Finance charge” does not include the amounts, if any, charged for insurance premiums, including premiums of the kind and to the extent described in paragraph (2) of subsection (e) of Section 226.4 of Regulation Z, delinquency charges, attorney’s fees, court costs, collection expenses, official fees, extension or deferral agreement charges as provided by Section 1807.1, or amounts for insurance, repairs to or preservation of the goods, or preservation of the holder’s security interest therein advanced by the holder subsequent to the execution of a contract. (Amended by Stats. 1984, Ch. 199, Sec. 1.)
  167. 1802.11.

    ## 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 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 2. Definitions [1802 - 1802.21] ( Article 2 added by Stats. 1959, Ch. 201. )

    Verify source ↗

    This section defines “amount financed” and “unpaid balance” for retail installment sales.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 2. Definitions [1802 - 1802.21] ( Article 2 added by Stats. 1959, Ch. 201. ) ## 1802.11. (a) “Amount financed” means the amount required to be disclosed pursuant to paragraph (7) of subdivision (c) of Section 1803.3. (b) “Unpaid balance” means the cash price of the goods or services which are the subject matter of the retail installment sale, plus the amounts, if any, included in a retail installment sale for insurance and official fees, minus the amount of the buyer’s downpayment in money or goods. (Amended by Stats. 1981, Ch. 1075, Sec. 4. Operative October 1, 1982, or sooner, by Sec. 25 of Ch. 1075, as amended by Stats. 1982, Ch. 129, Sec. 12.)
  168. 1802.12.

    ## 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 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 2. Definitions [1802 - 1802.21] ( Article 2 added by Stats. 1959, Ch. 201. )

    Verify source ↗

    “Total of payments” means the amount that must be disclosed under Regulation Z, plus any deferred downpayment portion included by the 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 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 2. Definitions [1802 - 1802.21] ( Article 2 added by Stats. 1959, Ch. 201. ) ## 1802.12. “Total of payments” means the amount required to be disclosed pursuant to subdivision (h) of Section 226.18 of Regulation Z. The term includes any portion of the downpayment deferred until not later than the second otherwise scheduled payment and which is not subject to a finance charge. (Amended by Stats. 1981, Ch. 1075, Sec. 5. Operative October 1, 1982, or sooner, by Sec. 25 of Ch. 1075, as amended by Stats. 1982, Ch. 129, Sec. 12.)
  169. 1802.13.

    ## 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 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 2. Definitions [1802 - 1802.21] ( Article 2 added by Stats. 1959, Ch. 201. )

    Verify source ↗

    This section defines “holder” for retail installment sales.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 2. Definitions [1802 - 1802.21] ( Article 2 added by Stats. 1959, Ch. 201. ) ## 1802.13. “Holder” means the retail seller who acquires a retail installment contract or installment account executed, incurred or entered into by a retail buyer, or if the contract or installment account is purchased by a financing agency or other assignee, the financing agency or other assignee. The term does not include the pledgee of or the holder of a security interest in an aggregate number of such contracts or installment accounts to secure a bona fide loan thereon. (Added by Stats. 1959, Ch. 201.)
  170. 1802.14.

    ## 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 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 2. Definitions [1802 - 1802.21] ( Article 2 added by Stats. 1959, Ch. 201. )

    Verify source ↗

    “Official fees” means certain fees required by law and actually paid to the proper public officer, including lien-perfection fees and license, title, and registration 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 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 2. Definitions [1802 - 1802.21] ( Article 2 added by Stats. 1959, Ch. 201. ) ## 1802.14. “Official fees” means the fees required by law and actually to be paid to the appropriate public officer to perfect a lien or other security interest, on or in goods, retained or taken by a seller under a retail installment contract or installment account, and license, certificate of title, and registration fees imposed by law. (Amended by Stats. 1970, Ch. 546.)
  171. 1802.15.

    ## 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 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 2. Definitions [1802 - 1802.21] ( Article 2 added by Stats. 1959, Ch. 201. )

    Verify source ↗

    This section defines “person” to include an individual, partnership, corporation, limited liability company, association, or other organized group.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 2. Definitions [1802 - 1802.21] ( Article 2 added by Stats. 1959, Ch. 201. ) ## 1802.15. “Person” means an individual, partnership, corporation, limited liability company, association or other group, however organized. (Amended by Stats. 1994, Ch. 1010, Sec. 43. Effective January 1, 1995.)
  172. 1802.16.

    ## 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 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 2. Definitions [1802 - 1802.21] ( Article 2 added by Stats. 1959, Ch. 201. )

    Verify source ↗

    “Financing agency” means a person engaged in California, in whole or in part, in purchasing retail installment contracts or installment accounts from retail sellers.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 2. Definitions [1802 - 1802.21] ( Article 2 added by Stats. 1959, Ch. 201. ) ## 1802.16. “Financing agency” means a person engaged in this State in whole or in part in the business of purchasing retail installment contracts, or installment accounts from one or more retail sellers. The term includes but is not limited to a bank, trust company, private banker, or investment company, if so engaged. (Added by Stats. 1959, Ch. 201.)
  173. 1802.17.

    ## 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 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 2. Definitions [1802 - 1802.21] ( Article 2 added by Stats. 1959, Ch. 201. )

    Verify source ↗

    “Billing cycle” means the time between regular monthly billing statement dates.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 2. Definitions [1802 - 1802.21] ( Article 2 added by Stats. 1959, Ch. 201. ) ## 1802.17. “Billing cycle” means the time interval between regular monthly billing statement dates. (Repealed and added by Stats. 1970, Ch. 546.)
  174. 1802.18.

    ## 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 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 2. Definitions [1802 - 1802.21] ( Article 2 added by Stats. 1959, Ch. 201. )

    Verify source ↗

    This section defines “Regulation Z” for 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 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 2. Definitions [1802 - 1802.21] ( Article 2 added by Stats. 1959, Ch. 201. ) ## 1802.18. “Regulation Z” means any rule, regulation, or interpretation promulgated by the Board of Governors of the Federal Reserve System (“Board”) under the Federal Truth in Lending Act, as amended (15 U.S.C. 1601, et seq.), and any interpretation or approval issued by an official or employee of the Federal Reserve System duly authorized by the board under the Truth in Lending Act, as amended, to issue such interpretations or approvals. (Amended by Stats. 1979, Ch. 805.)
  175. 1802.19.

    ## 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 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 2. Definitions [1802 - 1802.21] ( Article 2 added by Stats. 1959, Ch. 201. )

    Verify source ↗

    This section treats certain retail installment contracts and related accounts as made in this state when the listed sales or purchase communications involve a resident buyer and specified in-state or out-of-state forwarding rules.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 2. Definitions [1802 - 1802.21] ( Article 2 added by Stats. 1959, Ch. 201. ) ## 1802.19. (a) For the purposes of this chapter, a retail installment contract, contract, retail installment account, installment account, or revolving account shall be deemed to have been made in this state and, therefore, subject to the provisions of this chapter, if either the seller offers or agrees in this state to sell to a buyer who is a resident of this state or if such buyer accepts or makes the offer in this state to buy, regardless of the situs of the contract as specified therein. (b) Any solicitation or communication to sell, oral or written, originating outside of this state, but forwarded to, and received in this state by, a buyer who is a resident of this state, shall be deemed to be an offer or agreement to sell in this state. (c) Any solicitation or communication to buy, oral or written, originating within this state, from a buyer who is a resident of this state, but forwarded to, and received by, a retail seller outside of this state, shall be deemed to be an acceptance or offer to buy in this state. (Added by Stats. 1976, Ch. 508.)
  176. 1802.2.

    ## 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 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 2. Definitions [1802 - 1802.21] ( Article 2 added by Stats. 1959, Ch. 201. )

    Verify source ↗

    This section defines “services” for retail installment sales 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 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 2. Definitions [1802 - 1802.21] ( Article 2 added by Stats. 1959, Ch. 201. ) ## 1802.2. “Services” means work, labor and services, for other than a commercial or business use, including services furnished in connection with the sale or repair of goods as defined in Section 1802.1 or furnished in connection with the repair of motor vehicles (except for service contracts as defined by subdivision (p) of Section 2981 which are sold in conjunction with the sale or lease of a vehicle required to be registered under the Vehicle Code) or in connection with the improvement of real property or the providing of insurance, but does not include the services of physicians or dentists, nor services for which the tariffs, rates, charges, costs or expenses, including in each instance the deferred payment price, are required by law to be filed with and approved by the federal government or any official, department, division, commission or agency of the United States. (Amended by Stats. 1984, Ch. 1114, Sec. 2.)
  177. 1802.20.

    ## 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 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 2. Definitions [1802 - 1802.21] ( Article 2 added by Stats. 1959, Ch. 201. )

    Verify source ↗

    This section defines “simple-interest basis,” “365-day basis,” and “360-day basis” for finance charges.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 2. Definitions [1802 - 1802.21] ( Article 2 added by Stats. 1959, Ch. 201. ) ## 1802.20. “Simple-interest basis” means the determination of a finance charge, other than an administrative finance charge, by applying a constant rate to the unpaid balance as it changes from time to time, either: (a) Calculated on the basis of a 365-day year and actual days elapsed (although the seller may, but need not, adjust its calculations to account for leap years); reference in this chapter to the “365-day basis” shall mean this method of determining the finance charge, or (b) For contracts entered into prior to January 1, 1988, calculated on the basis of a 360-day year consisting of 12 months of 30 days each and on the assumption that all payments will be received by the seller on their respective due dates; reference in this chapter to the “360-day basis” shall mean this method of determining the finance charge. (Added by Stats. 1979, Ch. 805.)
  178. 1802.21.

    ## 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 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 2. Definitions [1802 - 1802.21] ( Article 2 added by Stats. 1959, Ch. 201. )

    Verify source ↗

    This section defines “precomputed basis” as a method for calculating a finance charge from the contract’s unpaid balance, a rate, and the number of payment periods until the last scheduled payment.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 2. Definitions [1802 - 1802.21] ( Article 2 added by Stats. 1959, Ch. 201. ) ## 1802.21. “Precomputed basis” means the determination of a finance charge by multiplying the original unpaid balance of the contract by a rate and multiplying that product by the number of payment periods elapsing between the date on which the finance charge begins to be assessed and the date of the last scheduled payment. (Added by Stats. 1979, Ch. 805.)
  179. 1802.3.

    ## 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 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 2. Definitions [1802 - 1802.21] ( Article 2 added by Stats. 1959, Ch. 201. )

    Verify source ↗

    This section defines “retail seller” or “seller” as a person in the business of selling goods or providing services to retail buyers.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 2. Definitions [1802 - 1802.21] ( Article 2 added by Stats. 1959, Ch. 201. ) ## 1802.3. “Retail seller” or “seller” means a person engaged in the business of selling goods or furnishing services to retail buyers. (Added by Stats. 1959, Ch. 201.)
  180. 1802.4.

    ## 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 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 2. Definitions [1802 - 1802.21] ( Article 2 added by Stats. 1959, Ch. 201. )

    Verify source ↗

    “Retail buyer” or “buyer” means a person who buys goods or gets services from a retail seller in a retail installment sale, and not mainly for resale.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 2. Definitions [1802 - 1802.21] ( Article 2 added by Stats. 1959, Ch. 201. ) ## 1802.4. “Retail buyer” or “buyer” means a person who buys goods or obtains services from a retail seller in a retail installment sale and not principally for the purpose of resale. (Added by Stats. 1959, Ch. 201.)
  181. 1802.5.

    ## 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 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 2. Definitions [1802 - 1802.21] ( Article 2 added by Stats. 1959, Ch. 201. )

    Verify source ↗

    This section defines “retail installment sale” or “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 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 2. Definitions [1802 - 1802.21] ( Article 2 added by Stats. 1959, Ch. 201. ) ## 1802.5. “Retail installment sale” or “sale” means the sale of goods or the furnishing of services by a retail seller to a retail buyer for a deferred payment price payable in installments. (Amended by Stats. 1970, Ch. 546.)
  182. 1802.6.

    ## 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 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 2. Definitions [1802 - 1802.21] ( Article 2 added by Stats. 1959, Ch. 201. )

    Verify source ↗

    This section defines “retail installment contract” or “contract” for retail installment sales.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 2. Definitions [1802 - 1802.21] ( Article 2 added by Stats. 1959, Ch. 201. ) ## 1802.6. “Retail installment contract” or “contract” means any contract for a retail installment sale between a buyer and seller, entered into or performed in this state, which provides for (a) repayment in installments, whether or not such contract contains a title retention provision, and in which the buyer agrees to pay a finance charge, or in which the buyer does not agree to pay a finance charge but the goods or services are available at a lesser price if paid for by either cash or credit card, or in which the buyer would have received any additional goods or services or any higher quality goods or services at no added cost over the total amount payable in installments if the sale had been for cash, or (b) which provides for payment in more than four installments. When taken or given in connection with a retail installment sale, the term includes but is not limited to a security agreement and a contract for the bailment or leasing of goods by which the bailee or lessee contracts to pay as compensation for their use a sum substantially equivalent to or in excess of their value and by which it is agreed that the bailee or lessee will become, or for no other or for a nominal consideration has the option of becoming, the owner of the goods upon full compliance with the terms of the contract. (Amended by Stats. 1979, Ch. 805.)
  183. 1802.7.

    ## 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 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 2. Definitions [1802 - 1802.21] ( Article 2 added by Stats. 1959, Ch. 201. )

    Verify source ↗

    This section defines “retail installment account,” “installment account,” and “revolving account.”

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 2. Definitions [1802 - 1802.21] ( Article 2 added by Stats. 1959, Ch. 201. ) ## 1802.7. “Retail installment account” or “installment account” or “revolving account” means an account established by an agreement entered into in this state, pursuant to which the buyer promises to pay, in installments, to a retail seller, his outstanding balance incurred in retail installment sales, whether or not a security interest in the goods sold is retained by the seller, and which provides for a finance charge which is expressed as a percent of the periodic balances to accrue thereafter providing such charge is not capitalized or stated as a dollar amount in such agreement. (Amended by Stats. 1970, Ch. 546.)
  184. 1802.8.

    ## 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 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 2. Definitions [1802 - 1802.21] ( Article 2 added by Stats. 1959, Ch. 201. )

    Verify source ↗

    Defines “cash price” for retail installment contracts and says it includes taxes and any accessory or service prices included in 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 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 2. Definitions [1802 - 1802.21] ( Article 2 added by Stats. 1959, Ch. 201. ) ## 1802.8. “Cash price” means the cash price stated in a retail installment contract for which the seller would sell or furnish to the buyer and the buyer would buy or obtain from the seller the goods or services which are the subject matter of a retail installment contract if the sale were a sale for cash instead of a retail installment sale. The cash price shall include any taxes and cash prices for accessories and services, if any, included in a retail installment sale. (Amended by Stats. 1981, Ch. 1075, Sec. 2. Operative October 1, 1982, or sooner, by Sec. 25 of Ch. 1075, as amended by Stats. 1982, Ch. 129, Sec. 12.)
  185. 1802.9.

    ## 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 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 2. Definitions [1802 - 1802.21] ( Article 2 added by Stats. 1959, Ch. 201. )

    Verify source ↗

    This section defines “total sale price” for retail installment sales.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 2. Definitions [1802 - 1802.21] ( Article 2 added by Stats. 1959, Ch. 201. ) ## 1802.9. “Total sale price” means the total of the cash price of the goods or services, the amounts, if any, included for insurance, official fees, and the finance charge. (Amended by Stats. 1981, Ch. 1075, Sec. 3. Operative October 1, 1982, or sooner, by Sec. 25 of Ch. 1075, as amended by Stats. 1982, Ch. 129, Sec. 12.)
  186. 1803.1.

    ## 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 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 3. Provisions of Retail Installment Contracts [1803.1 - 1803.11] ( Article 3 added by Stats. 1959, Ch. 201. )

    Verify source ↗

    A retail installment contract must be dated and in writing, and its printed portion must be in at least eight-point 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 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 3. Provisions of Retail Installment Contracts [1803.1 - 1803.11] ( Article 3 added by Stats. 1959, Ch. 201. ) ## 1803.1. A retail installment contract shall be dated and in writing; the printed portion thereof shall be in at least eight-point type. (Added by Stats. 1959, Ch. 201.)
  187. 1803.10.

    ## 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 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 3. Provisions of Retail Installment Contracts [1803.1 - 1803.11] ( Article 3 added by Stats. 1959, Ch. 201. )

    Verify source ↗

    A seller must not try to induce someone to enter a covered contract by offering a rebate, discount, commission, or other future-contingent consideration tied to the buyer’s sale-related help.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 3. Provisions of Retail Installment Contracts [1803.1 - 1803.11] ( Article 3 added by Stats. 1959, Ch. 201. ) ## 1803.10. It shall be unlawful for any seller to induce or attempt to induce any person to enter into a contract subject to this act by offering a rebate, discount, commission, or other consideration, contingent upon the happening of a future event, on the condition that the buyer either sells, or gives information or assistance for the purpose of leading to a sale by the seller of, the same or related goods. (Added by Stats. 1968, Ch. 452.)
  188. 1803.11.

    ## 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 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 3. Provisions of Retail Installment Contracts [1803.1 - 1803.11] ( Article 3 added by Stats. 1959, Ch. 201. )

    Verify source ↗

    A seller must not advertise to get buyers to enter a retail installment contract if the seller does not plan to sell that contract to a financing agency or other assignee, unless the ad clearly states the periodic rate or range of rates in APR form used to determine the finance charge.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 3. Provisions of Retail Installment Contracts [1803.1 - 1803.11] ( Article 3 added by Stats. 1959, Ch. 201. ) ## 1803.11. It shall be unlawful for any seller to solicit buyers, in any advertisement, to enter into a retail installment contract with it if the seller does not intend to sell that retail installment contract to a financing agency or other assignee, unless the advertisement clearly states the periodic rate or range of periodic rates, expressed as an annual percentage rate or a range of annual percentage rates that will be used to determine the finance charge imposed on the retail installment contract. (Added by Stats. 1991, Ch. 819, Sec. 1.)
  189. 1803.2.

    ## 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 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 3. Provisions of Retail Installment Contracts [1803.1 - 1803.11] ( Article 3 added by Stats. 1959, Ch. 201. )

    Verify source ↗

    Retail installment contracts must be in one document and include specific headings and buyer notices in required formats, with extra notice rules for certain security interests and finance charge methods.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 3. Provisions of Retail Installment Contracts [1803.1 - 1803.11] ( Article 3 added by Stats. 1959, Ch. 201. ) ## 1803.2. Except as provided in Section 1808.3, every retail installment contract shall be contained in a single document that shall contain: (a) The entire agreement of the parties with respect to the cost and terms of payment for the goods and services, including any promissory notes or any other evidences of indebtedness between the parties relating to the transaction. (b) (1) At the top of the contract the words “Security Agreement” shall appear in at least 12-point bold type where a security interest in the goods is retained or a security interest on other goods or realty is obtained by the seller as security for the goods or services purchased. (2) At the top of the contract the words “Retail Installment Contract” shall appear in at least 12-point bold type where a security interest is not retained or obtained by the seller as security for the goods or services purchased. (3) Any contract for goods or services that provides for a security interest in real property shall also provide the following notice, written in the same language, e.g., Spanish, as used in the contract: “WARNING TO BUYER: IF YOU SIGN THIS CONTRACT, YOU WILL BE PUTTING UP YOUR HOME AS SECURITY. THIS MEANS THAT YOUR HOME COULD BE SOLD WITHOUT YOUR PERMISSION AND WITHOUT ANY COURT ACTION IF YOU MISS ANY PAYMENT AS REQUIRED BY THIS CONTRACT.” This notice shall be printed in at least 14-point boldface type, shall be set apart from the rest of the contract by a border, and shall appear directly above the space reserved for the signature of the buyer. A security interest created in any contract described in this paragraph that does not provide the notice as required by this paragraph shall be void and unenforceable. As used in this subdivision, the term “security interest” refers to a contractual interest in property and not to a mechanic’s lien or other interest in property arising by operation of law. (c) Where the contract includes a finance charge that is determined on the precomputed basis and provides that the unearned portion of the finance charge to be refunded upon full prepayment of the contract is to be determined by a method other than actuarial, a notice in at least 10-point bold type if the contract is printed reading as follows: “Notice to buyer: (1) Do not sign this agreement before you read it or if it contains any blank spaces to be filled in. (2) You are entitled to a completely filled-in copy of this agreement. (3) You can prepay the full amount due under this agreement at any time and obtain a partial refund of the finance charge if it is $1 or more. Because of the way the amount of this refund will be figured, the time when you prepay could increase the ultimate cost of credit under this agreement. (4) If you desire to pay off in advance the full amount due, the amount of the refund you are entitled to, if any, will be furnished upon request.” (d) Where the contract includes a finance charge that is determined on the precomputed basis and provides for the actuarial method for computing the unearned portion of the finance charge upon prepayment in full, a notice in at least 10-point bold type if the contract is printed reading as follows: “Notice to buyer: (1) Do not sign this agreement before you read it or if it contains any blank spaces to be filled in. (2) You are entitled to a completely filled-in copy of this agreement. (3) You can prepay the full amount due under this agreement at any time and obtain a partial refund of the finance charge if it is $1 or more. (4) If you desire to pay off in advance the full amount due, the amount of the refund you are entitled to, if any, will be furnished upon request.” (e) Where the contract includes a finance charge that is determined on the simple-interest basis, a notice in at least 10-point bold type if the contract is printed reading as follows: “Notice to buyer: (1) Do not sign this agreement before you read it or if it contains any blank spaces to be filled in. (2) You are entitled to a completely filled-in copy of this agreement. (3) You can prepay the full amount due under this agreement at any time. (4) If you desire to pay off in advance the full amount due, the amount which is outstanding will be furnished upon request.” (f) This section shall become operative on October 1, 1995. (g) The form specified in this section may be used before October 1, 1995, to comply with the provisions of this section as amended and repealed by Section 2 of Chapter 888 of the Statutes of 1994. (Amended (as added by Stats. 1994, Ch. 888, Sec. 3) by Stats. 1995, Ch. 153, Sec. 1. Effective July 24, 1995. Section operative October 1, 1995, by its own provisions.)
  190. 1803.3.

    ## 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 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 3. Provisions of Retail Installment Contracts [1803.1 - 1803.11] ( Article 3 added by Stats. 1959, Ch. 201. )

    Verify source ↗

    Retail installment contracts must include specified disclosures and itemizations, including parties, goods or services, financing amounts, and certain insurance details.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 3. Provisions of Retail Installment Contracts [1803.1 - 1803.11] ( Article 3 added by Stats. 1959, Ch. 201. ) ## 1803.3. Except as provided in Article 8 (commencing with Section 1808.1) of this chapter, a contract shall contain the following: (a) The names of the seller and the buyer, the place of business of the seller, the residence or place of business of the buyer as specified by the buyer and a description of the goods or services sufficient to identify them. Services or multiple items of goods may be described in general terms and may be described in detail sufficient to identify them in a separate writing. (b) Every contract subject to this chapter shall contain the disclosures required by Regulation Z whether or not Regulation Z applies to the transaction. In addition, to the extent applicable, the contract shall contain the other disclosures and notices required by, and shall satisfy the requirements and limitations of, this section. The disclosures required by subdivision (c) may be itemized or subtotaled to a greater extent than as required by that subdivision and shall be made together and in the sequence set forth in that subdivision. No particular terminology is required to disclose the items set forth in subdivision (c) except as therein expressly provided. Except as otherwise provided by this subdivision (b), these disclosures and notices may appear in the contract in any location or sequence and may be combined or interspersed with other provisions of the contract. (c) The contract shall contain the following disclosures, as applicable, which shall be labeled “itemization of the amount financed”: (1) (A) The cash price, exclusive of taxes imposed on the sale. (B) Taxes imposed on the sale. (C) The total of the above. (2) An itemization of the amount to be paid to any public officer for official fees. (3) The aggregate amount of premiums agreed, upon execution of the contract, to be paid for policies of insurance included in the contract, excluding the amount of any insurance premium included in the finance charge. (4) A subtotal representing the sum of the foregoing items. (5) The amount of the buyer’s downpayment, which downpayment shall not include any administrative finance charge charged, received, or collected by the seller pursuant to subdivision (c) of Section 1805.1 and as shown as item (6), itemized to show the following: (A) The net agreed value of the property being traded in. (B) The amount of any portion of downpayment to be deferred until not later than the due date of the second regularly scheduled installment under the contract and which is not subject to a finance charge. (C) The amount of any manufacturer’s rebate applied or to be applied to the downpayment. (D) The remaining amount paid or to be paid by the buyer as a downpayment. (6) The amount of any administrative finance charge, labeled “prepaid finance charge.” (7) The difference between item (4) and the sum of items (5) and (6), labeled “amount financed.” (d) If the payment of all or a portion of the downpayment is to be deferred, the deferred payment shall be reflected in the payment schedule disclosed pursuant to Regulation Z. (e) If the downpayment includes property being traded in, the contract shall contain a brief description of that property. (f) (1) Where the contract includes a finance charge determined on the precomputed basis, the contract shall identify the method of computing the unearned portion of the finance charge in the event of prepayment in full of the buyer’s obligation and contain a statement of the amount or method of computation of any charge that may be deducted from the amount of any such unearned finance charge in computing the amount that will be credited to the obligation or refunded to the buyer. Reference to the Rule of 78’s, the sum of the digits, the sum of the periodic time balances or the actuarial method shall constitute a sufficient identification of the method of computing the unearned portion of the finance charge. (2) Where the contract includes a finance charge which is determined on the simple-interest basis but provides for a minimum finance charge in the event of prepayment in full, the contract shall contain a statement of that fact and the amount of the minimum finance charge or its method of calculation. (g) The contract shall contain an itemization of any insurance included as part of the amount financed disclosed pursuant to paragraph (3) of subdivision (c) and of any insurance included as part of the finance charge. The itemization shall identify the type of insurance coverage and the premium charged therefor, and, if the insurance expires before the date of the last scheduled installment included in the repayment schedule, the term of the insurance shall be stated. (Amended by Stats. 1981, Ch. 1075, Sec. 6. Operative October 1, 1982, or sooner, by Sec. 25 of Ch. 1075, as amended by Stats. 1982, Ch. 129, Sec. 12.)
  191. 1803.4.

    ## 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 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 3. Provisions of Retail Installment Contracts [1803.1 - 1803.11] ( Article 3 added by Stats. 1959, Ch. 201. )

    Verify source ↗

    A seller must not get the buyer’s signature on a contract if the contract still has blank spaces to be filled in later.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 3. Provisions of Retail Installment Contracts [1803.1 - 1803.11] ( Article 3 added by Stats. 1959, Ch. 201. ) ## 1803.4. The seller shall not obtain the signature of the buyer to a contract when it contains blank spaces to be filled in after it has been signed. (Added by Stats. 1959, Ch. 201.)
  192. 1803.5.

    ## 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 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 3. Provisions of Retail Installment Contracts [1803.1 - 1803.11] ( Article 3 added by Stats. 1959, Ch. 201. )

    Verify source ↗

    If insurance is charged in a retail installment contract, the contract must say who procures it, the charge cannot exceed the insurer’s rate, and if the seller or holder procures it, notice or insurance documents must be sent to the buyer within 45 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 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 3. Provisions of Retail Installment Contracts [1803.1 - 1803.11] ( Article 3 added by Stats. 1959, Ch. 201. ) ## 1803.5. If the cost of any insurance is included in the contract and a separate charge is made to the buyer for such insurance: (a) The contract shall state whether the insurance is to be procured by the buyer or the seller. (b) The amount, included for such insurance, shall not exceed the premiums chargeable in accordance with rate fixed for such insurance by the insurer. (c) If the insurance is to be procured by the seller or holder, he shall, within 45 days after delivery of the goods or furnishing of the services under the contract, deliver, mail or cause to be mailed to the buyer, at his address as specified in the contract, a notice thereof or a copy of the policy or policies of insurance or a certificate or certificates of the insurance so procured. (d) The provisions of Insurance Code Section 1668 shall apply to any violation of this section. (Added by Stats. 1959, Ch. 201.)
  193. 1803.6.

    ## 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 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 3. Provisions of Retail Installment Contracts [1803.1 - 1803.11] ( Article 3 added by Stats. 1959, Ch. 201. )

    Verify source ↗

    A contract may charge a buyer a delinquency fee on defaulted installments, but the fee is capped and only one fee may be collected per installment.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 3. Provisions of Retail Installment Contracts [1803.1 - 1803.11] ( Article 3 added by Stats. 1959, Ch. 201. ) ## 1803.6. (a) A contract may provide that for each installment in default the buyer shall pay a delinquency charge not in excess of one of the following amounts: (1) For a period in default of not less than 10 days, an amount not in excess of ten dollars ($10). (2) For a period in default of not less than 15 days, an amount not in excess of fifteen dollars ($15). (b) Only one delinquency charge may be collected on any installment regardless of the period during which it remains in default. Payments timely received by the seller under a written extension or deferral agreement shall not be subject to any delinquency charge. The contract may also provide for payment of any actual and reasonable costs of collection occasioned by removal of the goods from the state without written permission of the holder, or by the failure of the buyer to notify the holder of any change of residence, or by the failure of the buyer to communicate with the holder for a period of 45 days after any default in making payments due under the contract. (Amended by Stats. 1996, Ch. 301, Sec. 1. Effective January 1, 1997.)
  194. 1803.7.

    ## 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 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 3. Provisions of Retail Installment Contracts [1803.1 - 1803.11] ( Article 3 added by Stats. 1959, Ch. 201. )

    Verify source ↗

    The seller must give the buyer a legible copy of the contract or related signed documents when the buyer signs, and until that happens the buyer only has to pay the cash 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 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 3. Provisions of Retail Installment Contracts [1803.1 - 1803.11] ( Article 3 added by Stats. 1959, Ch. 201. ) ## 1803.7. The seller shall deliver to the buyer at the time of the buyer’s signature a legible copy of the contract or of any other document which the seller has required or requested the buyer to sign, and which he has signed, during the contract negotiation. In addition to the penalties provided under Article 12.2 (commencing with Section 1812.6) of this chapter, until the seller delivers such documents, the buyer shall be obligated to pay only the cash price. Any acknowledgment by the buyer of delivery of a copy of such documents shall be printed or written in a size equal to a least 10-point bold type and, if contained in the contract shall also appear directly above the space reserved for the buyer’s signature. The buyer’s written acknowledgment, conforming to the requirements of this section of delivery of a copy of such documents shall be a rebuttable presumption of such delivery and of compliance with this section and Section 1803.4, in any action or proceeding by or against an assignee of the contract without knowledge to the contrary when he purchases the contract. If the holder furnishes the buyer a copy of such documents, or a notice containing the items required by Section 1803.3 and stating that the buyer should notify the holder in writing within 30 days if he was not furnished a copy of the contract or of any other document which the seller had required or requested the buyer to sign, and which he did sign, during the contract negotiation, and no such notification is given, it shall be conclusively presumed in favor of the third party that copies of such documents were furnished as required by Sections 1803. 4 and 1803.7. (Amended by Stats. 1970, Ch. 546.)
  195. 1803.8.

    ## 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 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 3. Provisions of Retail Installment Contracts [1803.1 - 1803.11] ( Article 3 added by Stats. 1959, Ch. 201. )

    Verify source ↗

    Retail installment sales made by mail or telephone without personal solicitation are allowed if the sales terms are clearly shown in a public catalog or printed solicitation.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 3. Provisions of Retail Installment Contracts [1803.1 - 1803.11] ( Article 3 added by Stats. 1959, Ch. 201. ) ## 1803.8. Retail installment sales negotiated and entered into by mail or telephone without personal solicitation by a salesman or other representative of the seller, where the seller’s cash and deferred payment prices and other terms are clearly set forth in a catalog or other printed solicitation of business which is generally available to the public, may be made as hereinafter provided. All of the provisions of this chapter shall apply to such sales except that the seller shall not be required to deliver a copy of the contract to the buyer as provided in Section 1803.7, and if, when the proposed retail installment sale contract is received by the seller from the buyer, there are blank spaces to be filled in, the seller may insert in the appropriate blank spaces the amounts of money and other terms which are set forth in the seller’s catalog which is then in effect. In lieu of the copy of the contract provided for in Section 1803.7 the seller shall, within 15 days from the date of shipment of goods, furnish to the buyer a written statement of the items inserted in such blank spaces. (Added by Stats. 1959, Ch. 201.)
  196. 1803.9.

    ## 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 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 3. Provisions of Retail Installment Contracts [1803.1 - 1803.11] ( Article 3 added by Stats. 1959, Ch. 201. )

    Verify source ↗

    If the buyer and seller agreed the price would be paid from a third-party loan, the buyer may rescind if financing cannot be obtained on reasonable terms after reasonable effort and the seller is notified within three business 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 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 3. Provisions of Retail Installment Contracts [1803.1 - 1803.11] ( Article 3 added by Stats. 1959, Ch. 201. ) ## 1803.9. If it is explicitly understood between the seller and the buyer that all or any part of the cash price will be paid from the proceeds of a loan to be obtained by the buyer from a third party, the contract of sale or purchase order may be rescinded at the election of the buyer, and all considerations thereupon shall be returned by the respective parties without further demand, if the buyer is unable to obtain such third-party financing upon reasonable terms after having made a reasonable effort to obtain it, and buyer notifies the seller of the rescission within three business days. (Added by Stats. 1979, Ch. 1151.)
  197. 1804.1.

    ## 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 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 4. Restrictions on Retail Installment Contracts [1804.1 - 1804.4] ( Article 4 added by Stats. 1959, Ch. 201. )

    Verify source ↗

    Retail installment contract terms may not include several prohibited clauses, such as waivers of claims, unlawful entry rights, or certain judgment-related provisions.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 4. Restrictions on Retail Installment Contracts [1804.1 - 1804.4] ( Article 4 added by Stats. 1959, Ch. 201. ) ## 1804.1. No contract or obligation shall contain any provision by which: (a) The buyer agrees not to assert against a seller a claim or defense arising out of the sale or agrees not to assert against an assignee such a claim or defense other than as provided in Section 1804.2. (b) In the absence of the buyer’s default in the performance of any of his or her obligations, the holder may accelerate the maturity of any part or all of the amount owing thereunder. (c) A power of attorney is given to confess judgment in this state, or an assignment of wages is given; provided, that nothing herein contained shall prohibit the giving of an assignment of wages contained in a separate instrument, executed pursuant to Section 300 of the Labor Code. (d) The seller or holder of the contract or other person acting on his or her behalf is given authority to enter upon the buyer’s premises unlawfully or to commit any breach of the peace in the repossession of goods. (e) The buyer waives any right of action against the seller or holder of the contract or other person acting on his or her behalf, for any illegal act committed in the collection of payments under the contract or in the repossession of goods. (f) The buyer executes a power of attorney appointing the seller or holder of the contract, or other person acting on his or her behalf, as the buyer’s agent in collection of payments under the contract or in the repossession of goods. (g) The buyer relieves the seller from liability for any legal remedies which the buyer may have against the seller under the contract or any separate instrument executed in connection therewith. (h) The buyer agrees to the payment of any charge by reason of the exercise of his or her right to rescind or void the contract. (i) The seller or holder of the contract is given the right to commence an action on a contract under the provisions of this chapter in a county other than the county in which the contract was in fact signed by the buyer, the county in which the buyer resides at the commencement of the action, the county in which the buyer resided at the time that the contract was entered into, or in the county in which the goods purchased pursuant to the contract have been so affixed to real property as to become a part of such real property. (j) The seller takes a security interest, other than a mechanics’ lien, in the buyer’s real property which is the buyer’s primary residence where the buyer is a person who is 65 years of age or older and the contract is for a home improvement, as defined in Section 7151.2 of the Business and Professions Code. (Amended by Stats. 1999, Ch. 512, Sec. 2. Effective January 1, 2000.)
  198. 1804.2.

    ## 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 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 4. Restrictions on Retail Installment Contracts [1804.1 - 1804.4] ( Article 4 added by Stats. 1959, Ch. 201. )

    Verify source ↗

    An assignee of the seller’s rights is bound by the buyer’s defenses and equities from the sale, and the assignee’s liability cannot exceed the debt owed at assignment.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 4. Restrictions on Retail Installment Contracts [1804.1 - 1804.4] ( Article 4 added by Stats. 1959, Ch. 201. ) ## 1804.2. (a) An assignee of the seller’s rights is subject to all equities and defenses of the buyer against the seller arising out of the sale, notwithstanding an agreement to the contrary, but the assignee’s liability may not exceed the amount of the debt owing to the assignee at the time of the assignment. (b) The assignee shall have recourse against the seller to the extent of any liability incurred by the assignee pursuant to this section regardless of whether the assignment was with or without recourse. (Amended by Stats. 1975, Ch. 66.)
  199. 1804.3.

    ## 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 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 4. Restrictions on Retail Installment Contracts [1804.1 - 1804.4] ( Article 4 added by Stats. 1959, Ch. 201. )

    Verify source ↗

    This section bars certain retail installment contracts from creating security interests in specified goods and makes certain goods contracts involving real property a violation subject to penalties.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 4. Restrictions on Retail Installment Contracts [1804.1 - 1804.4] ( Article 4 added by Stats. 1959, Ch. 201. ) ## 1804.3. (a) No contract other than one for services shall provide for a security interest in any goods theretofore fully paid for or which have not been sold by the seller. (b) Any contract for goods which provides for a security interest in real property where the primary goods sold are not to be attached to the real property shall be a violation of this chapter and subject to the penalties set forth in Article 12.2 (commencing with Section 1812.6). (c) This section shall become operative October 1, 1982. (Amended (as amended by Stats. 1981, Ch. 107, Sec. 4) by Stats. 1982, Ch. 129, Sec. 4. Effective March 25, 1982. Section operative October 1, 1982, by its own provisions, or sooner as prescribed by Sec. 13 of Ch. 129.)
  200. 1804.4.

    ## 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 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 4. Restrictions on Retail Installment Contracts [1804.1 - 1804.4] ( Article 4 added by Stats. 1959, Ch. 201. )

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    A contract term that this chapter prohibits is void, but the rest of the contract remains valid.

    ## Civil Code - CIV ## DIVISION 3. OBLIGATIONS [1427 - 3273.91] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) ## PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.91] ( Part 4 enacted 1872. ) ## TITLE 2. CREDIT SALES [1801 - 1812.35] ( Title 2 added by Stats. 1959, Ch. 201. ) ## CHAPTER 1. Retail Installment Sales [1801 - 1812.20] ( Chapter 1 added by Stats. 1959, Ch. 201. ) ## ARTICLE 4. Restrictions on Retail Installment Contracts [1804.1 - 1804.4] ( Article 4 added by Stats. 1959, Ch. 201. ) ## 1804.4. Any provision in a contract which is prohibited by this chapter shall be void but shall not otherwise affect the validity of the contract. (Added by Stats. 1959, Ch. 201.)

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