Title 1.86 - CONSUMER CONTRACT AWARENESS ACT OF 1990

California Civil Code — §§ 1799.200-1799.209

Sections (11)

Added by Stats. 1977, Ch. 221.

(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.

§ 1799.200

Added by Stats. 1990, Ch. 1079, Sec. 1. Operative July 1, 1991, by Sec. 3 of Ch. 1079.

This title shall be known and may be cited as the Consumer Contract Awareness Act of 1990.

§ 1799.201

Amended by Stats. 1992, Ch. 879, Sec. 1. Effective January 1, 1993.

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.

§ 1799.202

Amended by Stats. 1992, Ch. 879, Sec. 2. Effective January 1, 1993.

(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.

§ 1799.203

Amended by Stats. 1991, Ch. 1129, Sec. 3.

(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.

§ 1799.204

Added by Stats. 1990, Ch. 1079, Sec. 1. Operative July 1, 1991, by Sec. 3 of Ch. 1079.

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.

§ 1799.205

Amended by Stats. 1991, Ch. 1129, Sec. 4.

(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.

§ 1799.206

Amended by Stats. 1992, Ch. 879, Sec. 3. Effective January 1, 1993.

(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.

§ 1799.207

Added by Stats. 2002, Ch. 815, Sec. 20. Effective January 1, 2003.

Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable.

§ 1799.208

Added by Stats. 2024, Ch. 986, Sec. 2. (SB 940) Effective January 1, 2025.

(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.

§ 1799.209

Added by Stats. 2024, Ch. 986, Sec. 3. (SB 940) Effective January 1, 2025.

(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.