Consumerism Legislation Consumerism LegislationCreates the California Financial Privacy Information Act that limits a financial institution's ability to share consumers' nonpublic personal information.
Requires any person who uses a credit report to extend credit to take reasonable steps to verify the consumers identity if the credit report contains a security alert. Prohibits entities from making public an individual's social security number as passwords or on an identification card, as specified.
Beginning January 1, 2005, requires a business that discloses a consumer's personal information to a third party for direct marketing purposes to provide to a customer, upon request, a written description of recipients of that information and a description of categories of information disclosed to third parties for their direct marketing (e.g., age and gender of customer's children, height and weight of customers, name and address, income).
Revises and refines the elements of the current home improvement contract in order to simplify the form.
Revises California's "Do Not Call" (DNC) telemarketing restriction law to coordinate with the recently adopted federal DNC law, so that the federal DNC list becomes the "master list" and spares California the cost of managing its own separate DNC list.
Revises various disclosures by electronic and appliance repair dealers and licensed real estate brokers to consumers.
Clarifies current law and creates avenues to sue advertisers for unsolicited e-mail (spam). The bill creates a cause of action for the consumer, the e-mail service provider, or the Attorney General to sue for violations of this bill's restrictions and prohibitions.
Similar legislation is SB 12 (Bowen-D), which is in Assembly Business and Professions Committee, SB 342 (Florez-D), which is in Senate Business and Professions Committee, and AB 567 (Simitian-D), which is in Senate Business and Professions Committee.
Authorizes a licensed person, subject to the laws regulating covered loans, to make consumer loans on the same terms and conditions as any financial institution chartered under the laws of the United States or any operating subsidiary of a federally chartered financial institution.
Enacts the Postmark Payment Act, which provides that if specified payments to financial institutions and credit card issuers required to be made on or before a prescribed date are delivered after that date by the United States Postal Service, the payments are deemed to have been received on the date of the postmark stamped by the United States Postal Services on the envelope or other cover in which the payment was mailed.
Requires automobile dealers to maintain, for at least seven years, copies of their sales contracts, documents relied upon to determine a buyer's creditworthiness, and the terms of any subsequent sale, assignment, or transfer of a contract. Establishes a civil penalty for noncompliance.
Requires automobile dealers, insurers, financial institutions, public utilities, check cashers, and money transferrers who advertise in Spanish, Chinese, Tagalog, Vietnamese or Korean to provide certain information to consumers, as specified.
Prohibits merchants from requesting or requiring a consumers personal information when it is not necessary for the transaction, and also bans the sharing of personal information with a third party unless the transaction is necessary, authorized, or the consumer is give the chance to opt-out.
Authorizes a civil penalty of up to $2,500 against a credit reporting agency that recklessly or intentionally fails to place a requested security alert on a person's credit file and require notice of alert expiration. Caps the fee for a credit freeze at $10 (where the consumer is not the victim of identity theft). Restricts use by businesses of encoded data on driver's licenses and create a new misdemeanor for violations. Requires businesses that provide credit, installment, or telephone accounts to send specified change of address request notifications. Creates a right of action for damages against businesses that fail to provide consumers with certain information when an unauthorized account has been opened and impose a penalty for such conduct. Creates a new misdemeanor for unauthorized retention of information "swiped" from a person's driver's license. Creates requirement for submission of records to court in a proceeding or investigation of possible identity theft. Specifies that the law enforcement agency with jurisdiction over the victim's place of residence shall be primarily responsible for victim-initiated investigation of identity theft.
Permits the seller of an assistive device to charge the buyer a nominal fee for any readjustment of that device during the warranty period. Requires the written warranty that accompanies the sale of an assistive device to inform the buyer that a nominal fee may be charged for readjustments during the warranty period.
Requires a food establishment that is part of a large chain to make nutritional information available on all food items that are on the menu for six months or more.
Allows a consumer who suspects that he/she has been the victim of identity theft to receive information about unauthorized additions to or renewals of existing accounts, in addition to new applications for credit or other specified goods and services. Defines "copies of all forms and information" in a request for information about suspected identity theft as "paper records, records of telephone applications or authorizations, or records of electronic applications or authorizations."
Prohibits insurers from using credit scores to underwrite, rate, or determine placement in a particular payment plan for homeowner's insurance policies.
Permits the sale of Korean rice rolls that have been at room temperature for no more than six hours. Requires a food establishment that sells Korean rice rolls to, after six hours, destroy the rice rolls in a manner approved by the local enforcement agency.
Requires manufacturers and distributors of dietary supplements to send to the State Department of Health Services, on a quarterly basis, copies of all adverse event reports relating to their products.
Requires third-party debt collectors to provide debtors with a notice of their rights under state and federal laws regulating debt collections. Requires that the nature be sent in the language used to initially contact the debtor.
Requests that the Congress of the United States exempt from preemption any state privacy law that provides greater protection to consumers than is, or will be provided by federal law.
Enacts the Consumer Credit Reporting Equity Act of 2004, requiring a consumer credit reporting agency to remove adverse information from a consumer's credit report no later than 30 days after a tax, judgment, or civil lien has been released, as specified.
Requires the operator of a web site that collects personally identifiable information to conspicuously post a privacy policy on the web site and comply with that policy. Requires that policy to, at a minimum, identify the categories of information collected and how that information may be shared. Contains an operative date of July 1, 2004.
Prohibits financial institutions and lenders from soliciting a consumer loan or credit through the use of an unsolicited check or other unsolicited negotiable instrument unless the company provides the consumer with a mechanism to choose not to receive unsolicited checks and unsolicited negotiable instruments.
Creates a new program requiring bottled water and water vending machines to meet new licensure requirements similar to those imposed on public water systems regarding emergency notification plans, consumer confidence reports, specified labeling requirements and annual inspections.
Codifies into state law existing federal regulations requiring that telemarketers obtain express consent and at least the last four digits of a consumer's account number from the consumer before he or she enters into any agreement involving a free trial period that leads to subsequent charges if the agreement is not cancelled.
Requires rental car companies to charge an impact fee to be deposited in the State Highway Account to fund road improvement and traffic congestion relief projects near airports and tourist destinations.
Expands a requirement that food facilities provide written notice when selling or serving an unlabeled or unpackaged confectionary containing more than 0.5 percent alcohol by weight by applying the request to all unlabeled or unpackaged foods.
Restricts the use of data from recording devices installed in vehicles.
Prohibits a retailer from electronically reading an identity card, including a driver's license or state identity card, except under specified circumstances, and then only as necessary for a particular transaction or purpose. Prohibits a retailer from storing information obtained from electronically reading and identity card, except under specified circumstances, and requires that the information be destroyed when it is no longer needed for the purpose for which it was obtained. Prohibits the sharing of information that a retailer properly obtains from electronically reading an identity card, except under specified circumstances and prohibits completely the sale of this information.
Prohibits any retail seller from requesting personal identifying information, as defined, from any person making a return or exchange of merchandise, if paid for by cash.
Requires wireless telephone service providers to include in a customer's billing statement a table that provides the specified information regarding the service plan.
Allows rental agencies to collect vehicle license fees from customers and requires rental car companies to charge an impact fee to fund road improvement and congestion relief.
Similar legislation is SB 300 (Torlakson-D), which is in Assembly Appropriations Committee, SB 849 (Torlakson-D), which is at the Assembly Desk, and AB 118 (Frommer-D), which in the Assembly awaiting concurrence.
Requires the existing $1,000 limit on health studio services contracts to be adjusted annually according to a specified consumer price index.
Requires the Office of the Legislative Analyst, not later than January 1, 2005, to complete and submit to the Legislature a study concerning the construction inspector certification programs of the Office of Statewide Health, Planning and Development and the State Department of General Services, as specified.
Creates an "Automotive Repair Report Card Pilot Program" to provide for the public posting of a ranked warning system based on disciplinary actions taken against automotive repair dealers and their employees.
Authorizes the establishment and use of a rooftop billboard by the proposed National Latino Arts Education and Media Institute in an area next to two freeways where billboards currently are prohibited.
Prohibits a person or entity that is authorized to mail a social security number from mailing it in a manner where the number is visible without opening the envelope or printed on any mailer that does not require and envelope.
Specifies the procedure that a credit furnisher must follow in order to investigate and correct potentially false information in a consumer credit report by (1) prohibiting such a person from knowingly furnishing false information to a consumer credit reporting agency, (2) requiring a creditor, in the event of a dispute, to conduct an investigation within 30 business days of such a request, (3) requiring a creditor to correct inaccuracies, and (4) reporting the results to both the credit bureaus and the consumer within the same 30-day period.
Requires every service station in the state, regardless of location, to provide public restrooms for its customers.
Prohibits the denial of a consumer loan application on the basis of applicant's race, ethnicity, national origin, native language, or residential or business address. Authorizes and applicant to bring a cause of action for a violation.
Requires vehicle sale and lease contracts to disclose the fees sellers and lessors may charge for optional automated vehicle registration processing.
Provides that the Director of the State Department of Consumer Affairs may adopt and enforce rules and regulations to promote a fair, healthy, and competitive automotive repair marketplace for the consumer.
Requires the State Department of Consumer Affairs to create a web site to present information regarding language interpretations services and resources for this state.
Defines a vehicle service contract and provides that contracts meeting the definition do not qualify as automobile insurance. Adds various regulatory provisions relating to the service contracts.
Requires a person who contacts a consumer by telephone in order to solicit a magazine, newspaper, or newsletter subscription renewal or extension to notify the consumer of the termination date of the current subscription prior to requesting the consumer to renew or extend the subscription, and makes a violation a crime.
Defines the term customer for purposes of state auto repair regulation, specifies who may be designated to authorize auto repair work to be performed, and corrects an erroneous cross reference in the auto repair law.
Prohibits the sale of retail gift certificates containing maintenance or service fees and clarifies that "gift certificate" includes a gift card.
Mandates labeling of medical drugs or devices that control Di-(2-Ethylhexyl)phthalate (DEHP).
Requires a debt collector to stop collecting a consumer debt if an alleged debtor provides the collector with certain information showing that the debtor is a victim of identity theft, as specified.
Specifies liability and other related penalties for an investigative consumer reporting agency that fails to comply with violations of the Investigative Consumer Reporting Agencies Act.
Allows a billboard to be relocated or raised in height if a governmental entity erects a building or structure (including a bridge, overpass, or underpass) in from of the display, as specified.
Exempts applications for the renewal of a valid existing permit that was received on or before December 31, 2002, from these consent requirements.
Expands the scope of what a consumer goods "service contract" may cover, and gives service contract sellers a new mean to fulfill existing financial reserve requirements.
Requires the user of a consumer credit report to take reasonable steps to verify the accuracy of a name or social security number supplied in a credit application if that name or social security number does not match the information contained in the credit report.
Adds definitions and remedies for private arbitration company obligations related to the Assembly Judiciary Committee's arbitration package of last year.
Specifies that if a consumer arbitration agreement entered into or renewed on or after January 1, 2004, designates one or more exclusive private arbitration companies or SROs, or incorporates the arbitration rules of a private arbitration company or SRO, the consumer party has the option, after a dispute arises, to choose a different neutral private arbitration company or SRO.
Prohibits any person, at the time of sale of a commodity, from charging, as defined, an amount greater than the price, or computing an amount greater than a true extension of the price per unit, that is then advertised, posted, marked, displayed, or quoted for that commodity.
Condemns the practice of on-line piracy, encourages parents to educate their children about the crime of piracy, requests corporate, governmental, and educational institutions to implement policies and measures to ensure the protection of copyrighted works.
Index (in Bill Order)| Bill | Author and Bill Title | Reference Links |
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SB 1 |
Speier-D Financial privacy |
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SB 25 |
Bowen-D Personal information: credit reports |
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SB 27 |
Figueroa-D Personal information: direct marketers |
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SB 30 |
Figueroa-D Home improvement contracts |
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SB 33 |
Figueroa-D Telephone solicitations |
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SB 136 |
Figueroa-D Contracts |
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SB 186 |
Murray-D Electronic mail advertising |
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SB 503 |
Florez-D Consumer loans |
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SB 505 |
Perata-D Payments: postmarks |
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SB 508 |
Escutia-D Automobile sales financing |
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SB 584 |
Alarcon-D Advertising |
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SB 590 |
Speier-D Personal information: consumers |
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SB 602 |
Figueroa-D Personal information |
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SB 648 |
Battin-R Assistive devices |
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SB 679 |
Ortiz-D Restaurant: nutritional information |
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SB 684 |
Alpert-D Consumers: identify theft |
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SB 691 |
Escutia-D Credit history |
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SB 773 |
Murray-D Food labeling and safety |
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SB 779 |
Speier-D Dietary supplements |
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SB 1022 |
Perata-D Debt collectors |
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SJR 2 |
Figueroa-D Privacy |
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AB 3 |
Calderon-D Consumer credit reporting |
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AB 68 |
Simitian-D Online privacy act |
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AB 73 |
Lowenthal-D Consumer loans |
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AB 83 |
Corbett-D Bottled water |
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AB 88 |
Corbett-D Telemarketing |
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AB 118 |
Frommer-D Rental car companies: deposit fees |
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AB 147 |
Nation-D Food products: alcohol notice |
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AB 213 |
Leslie-R Vehicles |
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AB 224 |
Kehoe-D Identity verification |
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AB 258 |
Calderon-D Retail sales |
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AB 451 |
Lowenthal-D Cellular and wireless telephone service |
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AB 487 |
Frommer-D Rental car fees |
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AB 558 |
Correa-D Health studios |
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AB 699 |
Lieber-D Contractors |
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AB 761 |
Oropeza-D Automotive repair |
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AB 762 |
Nunez-D Advertising displays |
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AB 763 |
Liu-D Privacy: social security numbers |
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AB 800 |
Kehoe-D Consumer credit reporting agencies |
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AB 830 |
Oropeza-D Service stations: restrooms |
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AB 832 |
Montanez-D Consumer loans: discrimination |
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AB 964 |
Frommer-D Vehicle sale and lease contracts |
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AB 970 |
Correa-D Automotive repair regulations |
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AB 973 |
Yee-D Interpretation services |
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AB 984 |
Vargas-D Service contracts |
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AB 1078 |
Runner-R Telephone solicitations |
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AB 1079 |
Bermudez-D Automotive repair |
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AB 1092 |
Harman-R Gift certificates |
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AB 1139 |
Lowenthal-D Medical services: labeling |
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AB 1294 |
Wiggins-D Debt collectors |
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AB 1399 |
Longville-D Investigative consumer reports |
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AB 1449 |
Firebaugh-D Billboards |
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AB 1540 |
Runner-R Outdoor advertising |
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AB 1553 |
Wesson-D Consumer goods |
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AB 1610 |
Pavley-D Consumer credit reporting agencies |
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AB 1713 |
Assembly Judiciary Committee Consumer arbitration agreement |
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AB 1714 |
Assembly Judiciary Committee Arbitration: consumer arbitration agreements |
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AB 1721 |
Koretz-D Prices: overcharges |
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HR 5 |
Cohn-D On-line piracy |
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