Added by Stats. 1959, Ch. 201.
Any person who shall willfully violate any provision of this chapter shall be guilty of a misdemeanor.
California Civil Code — §§ 1812.6-1812.9
Added by Stats. 1959, Ch. 201.
Any person who shall willfully violate any provision of this chapter shall be guilty of a misdemeanor.
Amended by Stats. 1970, Ch. 546.
In case of failure by any person to comply with the provisions of this chapter, such person or any person who acquires a contract or installment account with knowledge of such noncompliance is barred from recovery of any finance charge or of any delinquency, collection, extension, deferral or refinance charge imposed in connection with such contract or installment account and the buyer shall have the right to recover from such person an amount equal to any of such charges paid by the buyer.
Amended by Stats. 1961, Ch. 1214.
Notwithstanding the provisions of this article, any failure to comply with any provision of this chapter may be corrected by the holder in accordance with the provisions of this section, provided that a willful violation may not be corrected, and a correction which will increase the amount owed by the buyer or the amount of any payment shall not be effective unless the buyer concurs in writing to the correction. If a violation is corrected by the holder in accordance with the provisions of this section, neither the seller nor the holder shall be subject to any penalty under this article. The correction shall be made by delivery to the buyer of a corrected copy of the
contract within 30 days of the execution of the original contract by the buyer. Any amount improperly collected from the buyer shall be credited against the indebtedness evidenced by the contract.
Amended by Stats. 1970, Ch. 546.
In any case in which a person willfully violates any provision of this chapter in connection with the imposition, computation or disclosures of or relating to a finance charge on a consolidated total of two or more contracts under the provisions of Article 8 (commencing with Section 1808.1) of this chapter, the buyer may recover from such person an amount equal to three times the total of the finance charges and any delinquency, collection, extension, deferral or refinance charges imposed, contracted for or received on all contracts included in the consolidated total and the seller shall be barred from the recovery of any such charges.
Amended by Stats. 1988, Ch. 1043, Sec. 12.
Any contract for dance studio lessons and other services entered into in reliance upon any willful and false, fraudulent, or misleading information, representation, notice, or advertisement of the seller shall be void and unenforceable.
Added by Stats. 1969, Ch. 1571.
Any waiver of the buyer of the provisions of this title shall be deemed contrary to public policy and shall be void and unenforceable.
Added by Stats. 1969, Ch. 1571.
of payments, or the total amount due, must be concurred in, in writing, by the buyer. “Holder” includes the seller who acquires the contract, or, if the contract is purchased by a financing agency or other assignee, the financing agency or other assignee.
Amended by Stats. 1988, Ch. 1043, Sec. 13.
Any person who violates any provision of this title relating to dance studio contracts is guilty of a misdemeanor. Any superior court of this state has jurisdiction in equity to restrain and enjoin the violation of any of the provisions of this title relating to dance studio contracts.
The duty to institute actions for violation of those provisions of this title, including equity proceedings to restrain and enjoin violations, is hereby vested in the Attorney General, district attorneys, and city attorneys. The Attorney General, any district attorney, or any city attorney may prosecute misdemeanor actions or
institute equity proceedings, or both.
This section shall not be deemed to prohibit the enforcement by any person of any right provided by this or any other law.
Amended by Stats. 1999, Ch. 1024, Sec. 3. Effective January 1, 2000.
Every dance studio shall maintain a bond issued by a surety company admitted to do business in this state. The principal sum of the bond shall be 25 percent of the dance studio’s gross income from the studio business in this state during the studio’s last fiscal year, except that the principal sum of the bond shall not be less than twenty-five thousand dollars ($25,000) in the first or any subsequent year of operation.
A copy of the bond shall be filed with the Secretary of State, together with a declaration under
penalty of perjury signed by the owner of the studio stating the dance studio’s gross income from the dance studio business in this state during the last fiscal year. The information contained in the declaration shall not be subject to public inspection. If the person in whose name the bond is issued severs his or her relationship with the bonded dance studio, the new owner shall, as a condition of doing business, notify the Secretary of State of the change of ownership and of proof of compliance with Sections 1812.64 and 1812.65.
Amended by Stats. 1988, Ch. 1043, Sec. 15.
The bond required by Section 1812.64 shall be in favor of the State of California for the benefit of any person who, after entering into a contract for dance studio lessons and other services with the dance studio, is damaged by fraud or dishonesty or failure to provide the services of the studio in performance of the contract.
Amended by Stats. 1988, Ch. 1043, Sec. 16.
thereof, to persons under 21 years of age pursuant to a contract for dance studio lessons that provides all of the following:
Added by Stats. 1969, Ch. 1571.
If any provision of this title or the application thereof to any person or circumstances is held unconstitutional, the remainder of the title and the application of such provision to other persons and circumstances shall not be affected thereby.
Amended by Stats. 1999, Ch. 1024, Sec. 5. Effective January 1, 2000.
Amended by Stats. 2005, Ch. 439, Sec. 1. Effective January 1, 2006.
dealing, and prosperity in the field of health studio services by prohibiting or restricting false or misleading advertising, onerous contract terms, harmful financial practices, and other unfair, dishonest, deceptive, destructive, unscrupulous, fraudulent, and discriminatory practices by which the public has been injured in connection with contracts for health studio services.
Amended by Stats. 1980, Ch. 690, Sec. 1.
As used in this title, “contract for health studio services” means a contract for instruction, training or assistance in physical culture, body building, exercising, reducing, figure development, or any other such physical skill, or for the use by an individual patron of the facilities of a health studio, gymnasium or other facility used for any of the above purposes, or for membership in any group, club, association or organization formed for any of the above purposes; but does not include (a) contracts for professional services rendered or furnished by a person licensed under the provisions of Division 2 (commencing with Section 500) of the Business
and Professions Code, (b) contracts for instruction at schools operating pursuant to the provisions of the Education Code, or (c) contracts for instruction, training, or assistance relating to diet or control of eating habits not involving physical culture, body building, exercising, figure development, or any other such physical skill.
Amended by Stats. 2016, Ch. 189, Sec. 1. (AB 2810) Effective January 1, 2017.
Every contract for health studio services shall be in writing and shall be subject to the provisions of this title. A copy of the written contract shall be physically given to or delivered by email to the customer at the time he or she signs the contract.
Amended by Stats. 1969, Ch. 1571.
All contracts for health studio services, which may be in effect between the same seller and the same buyer, the terms of which overlap for any period, shall be considered as one contract for the purposes of this title.
Amended by Stats. 2016, Ch. 189, Sec. 2. (AB 2810) Effective January 1, 2017.
notice period does not exceed 30 days.
Amended by Stats. 2016, Ch. 189, Sec. 3. (AB 2810) Effective January 1, 2017.
the consumer may cancel the contract within six months after the execution of the contract and shall receive a pro rata refund. If a health studio fails to meet a timeline set forth in this section, the consumer may cancel the contract at any time after the expiration of the timeline. However, if following the expiration of the timeline, the health studio provides the advertised or agreed-upon services, the consumer may cancel the contract up to 10 days after those services are provided.
“You, the buyer, may choose to cancel this agreement at any time prior to midnight of the fifth business day of the health studio after the
date of this agreement, excluding Sundays and holidays. To cancel this agreement, mail, email, or deliver a signed and dated notice that states that you, the buyer, are canceling this agreement, or words of similar effect. The notice shall be sent via first-class mail, via email from an email address on file with the health studio, or delivered in person to
considered optional services, and these optional services shall be considered as separate contracts for the purposes of this title and Section 1812.83.
specific location, or in a written offer, and available to the consumer upon execution of the contract, the consumer may cancel the contract and receive a pro rata refund. The consumer may not cancel the contract pursuant to this subdivision if the health studio, after giving reasonable notice to its members, temporarily takes facilities out of operation for reasonable repairs, modifications, substitutions, or improvements. This subdivision shall not be interpreted to give the consumer the right to cancel a contract because of changes to the type or quantity of classes or equipment offered, provided the consumer is informed in the contract that the health studio reserves the right to make changes to the type or quantity of classes or equipment offered and the changes to the type or quantity of classes or equipment offered are reasonable under the circumstances.
payment of one thousand five hundred dollars ($1,500) to two thousand dollars ($2,000), inclusive, including initiation fees or initial membership fees, by the person receiving the services or the use of the facility, the person shall have the right to cancel the contract within 20 days after the contract is executed.
receiving the services or the use of the facility, the person shall have the right to cancel the contract within 45 days after the contract is executed.
the consumer shall be liable only for that portion of the total contract payment, including initiation fees and other charges however denominated, that has been available for use by the consumer, based upon a pro rata calculation over the term of the contract. The remaining portion of the contract payment shall be returned to the consumer by the health studio.
Amended by Stats. 2005, Ch. 439, Sec. 4. Effective January 1, 2006.
Amended by Stats. 1969, Ch. 1571.
No contract for health studio services shall require or entail the execution of any note or series of notes by the buyer which when separately negotiated will cut off as to third parties any right of action or defense which the buyer may have against the seller.
Amended by Stats. 1969, Ch. 1571.
No right of action or defense arising out of a contract for health studio services which the buyer has against the seller, and which would be cut off by assignment, shall be cut off by assignment of the contract to any third party whether or not he acquires the contract in good faith and for value unless the assignee gives notice of the assignment to the buyer as provided in this section and within 30 days of the mailing of notice receives no written notice of the facts giving rise to the claim or defense of the buyer. A notice of assignment shall be in writing addressed to the buyer at the address shown on the contract and shall identify the contract and inform the
buyer that he must, within 30 days of the date of mailing of the notice, notify the assignee in writing of any facts giving rise to a claim or defense which he may have. The notice of assignment shall state the name of the seller and buyer, a description of the services, the contract balance and the number and amount of the installments.
Amended by Stats. 1980, Ch. 651, Sec. 4.
shall represent at least as great a proportion of the total contract price as the sum of the periodic monthly balances not yet due bears to the sum of all the periodic monthly balances under the schedule of installments in the contract.
contract for health studio services may contain a clause providing that if the person agreeing to receive health studio services moves further than 25 miles from the health studio and is unable to transfer the contract to a comparable facility, such person may be charged a predetermined fee not exceeding one hundred dollars ($100), or, if more than half the life of the contract has expired, such person may be charged a predetermined fee not exceeding fifty dollars ($50).
Added by Stats. 1961, Ch. 1675.
The provisions of this title are not exclusive and do not relieve the parties or the contracts subject thereto from compliance with all other applicable provisions of law.
Amended by Stats. 2002, Ch. 784, Sec. 19. Effective January 1, 2003.
misstatement, misrepresentation, deceit, unlawful acts or omissions, or failure to provide the services of the auctioneer or auction company in performance of the auction by the auctioneer or auction company or its agents, representatives, or employees while acting within the scope of their employment.
the claim with the Secretary of State, the Secretary of State shall review and approve the claim and enter the date of approval on the claim. The claim shall be designated an “approved claim.”
expiration of a 240-day period, the date of approval of that claim shall begin a new 240-day period to which subdivision (f) shall apply with respect to any amount remaining in the deposit.
State.
specifying the date of receipt of the written notice and anticipated date of release of the deposit, provided there are no outstanding claims against the deposit.
forth in Section 995.710 of the Code of Civil Procedure.
Amended by Stats. 2004, Ch. 194, Sec. 1. Effective January 1, 2005.
offer to practice auctioneering or auction company services.
to regulation by the Department of Motor Vehicles.
acceptance of, offers for the purchase of goods at an auction.
Added by Stats. 1993, Ch. 1170, Sec. 2. Effective October 11, 1993.
The superior court for the county in which any person has engaged or is about to engage in any act that constitutes a violation of this title may, upon a petition filed by any person, issue an injunction or other appropriate order restraining the violative conduct. Proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that no undertaking shall be required.
Added by Stats. 1993, Ch. 1170, Sec. 2. Effective October 11, 1993.
reimburse the petitioner for expenses incurred in the investigation related to its petition.
Added by Stats. 1993, Ch. 1170, Sec. 2. Effective October 11, 1993.
Except as otherwise provided in this title, any person who violates any provision of this title is guilty of a misdemeanor, which offense is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment. In addition, upon a conviction of any violation of this chapter, or of any crime related to the conduct of an auctioneer, the court may issue an injunction and prohibit the convicted person from acting as an auctioneer or an auction company in this state,
in which case the court shall inform the Secretary of State of that action.
Added by Stats. 1993, Ch. 1170, Sec. 2. Effective October 11, 1993.
In conducting the business of auctioneering, each auctioneer and auction company, and the company’s owners, partners, officers, agents, and employees, shall do all of the following:
accepted, except to the extent that any item or sale is offered with reserve or subject to confirmation.
Added by Stats. 1993, Ch. 1170, Sec. 2. Effective October 11, 1993.
Every auctioneer who operates his or her own auction company as a sole proprietor, and every auction company, together with its owners, partners, and officers, that employs an auctioneer, shall be responsible for all violations committed by the auctioneer or by any company employee in the conduct of auction business. An auctioneer who is employed by an auctioneer or auction company shall be responsible for all violations committed by him or her in the conduct of auction business.
It is a violation of this title for
any auctioneer or auction company, or the company’s owners, partners, and officers, to direct or knowingly permit any violation of this title by any auctioneer employed by or under contract with that auctioneer or auction company, or by any owner, partner, officer, agent, or employee of the auction company.
Added by renumbering Section 1861.607 by Stats. 1997, Ch. 17, Sec. 16. Effective January 1, 1998.
Every auction company and auctioneer shall do all of the following:
fine of one hundred dollars ($100). This section shall not apply to business cards, business stationery, or to any advertisement that does not specify an auction date.
terms, conditions, restrictions, and procedures prior to the beginning of the auction sale. A first violation of this subdivision is an infraction subject to a fine of fifty dollars ($50); a second violation is subject to a fine of one hundred dollars ($100); and a third or subsequent violation is subject to a fine of two hundred fifty dollars ($250).
name of the auctioneer or auction company within 30 days of the change. A violation of this subdivision is an infraction subject to a fine of fifty dollars ($50).
hundred dollars ($500); and a second or subsequent violation is subject to a fine of one thousand dollars ($1,000).
auction company, through no fault of his or her own, to transfer title to the goods or to comply with any provision of this chapter, the Commercial Code, or the Code of Civil Procedure, or with any other applicable provision of law. A first violation of this subdivision is a misdemeanor subject to a fine of one thousand dollars ($1,000); a second violation is subject to a fine of one thousand five hundred dollars ($1,500); and a third or subsequent violation is subject to a fine of two thousand dollars ($2,000).
encumbrances on the item, unless the item is sold as free and clear. For the purposes of this subdivision, an item is “free and clear” if all liens and encumbrances on the item are to be paid prior to the transfer of title. A violation of this subdivision is an infraction subject to a fine of two hundred fifty dollars ($250) in addition to the requirement that the buyer be refunded, upon demand, the amount paid for any item that is the subject of the violation.
each buyer that exceeds the cost of the goods purchased, unless delay is compelled by legal proceedings or the inability of the auctioneer or auction company, through no fault of his or her own, to transfer title to the goods or to comply with any provision of this chapter, the Commercial Code, or the Code of Civil Procedure, or with other applicable provisions of law, or unless the buyer violated the terms of a written agreement that he or she take possession of purchased goods within a specified period of time. A first violation of this subdivision is an infraction subject to a fine of one hundred dollars ($100); and a second or subsequent violation is subject to a fine of two hundred fifty dollars ($250).
Added by renumbering Section 1861.608 by Stats. 1997, Ch. 17, Sec. 17. Effective January 1, 1998.
In addition to other requirements and prohibitions of this title, it is a violation of this title for any person to do any of the following:
relating to the auctioneering business, including, but not limited to, sales and the transfer of title of goods.
contract sets forth the terms and conditions upon which the auctioneer or auction company accepts the goods for sale. The written contract shall include all of the following:
responsible for insuring the item or items against loss by theft, fire, or other means.
limited to, either of the following:
A violation of this subdivision is an infraction subject to a fine of one hundred dollars ($100).
the buyer of the misrepresented item be refunded the purchase price of the item or items within 24 hours of return to the auctioneer or auction company of the item by the buyer, provided that the item is returned within five days after the date of the auction sale.
Added by Stats. 2002, Ch. 815, Sec. 22. Effective January 1, 2003.
Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable.
Amended by Stats. 2015, Ch. 354, Sec. 1. (SB 474) Effective September 28, 2015.
Web page or its equivalent through which a user directly interacts with the site, service, or application during the online auction. The icon shall use a color that contrasts with the background color of the Internet Web page or is otherwise readily distinguishable.
Added by Stats. 1994, Ch. 1026, Sec. 1. Effective January 1, 1995.
This title shall be known and may be cited as the Karnette Rental-Purchase Act.
Added by Stats. 1994, Ch. 1026, Sec. 1. Effective January 1, 1995.
The Legislature hereby finds and declares that consumers enter into rental-purchase contracts that do not adequately disclose the actual terms and cost of the transaction or the consumer’s liability for certain breaches of the contract, and that contain unfair provisions, including unfair terms related to fees and charges, the exercise or the termination of purchase option rights, property loss and damage, and the repair or replacement of improperly functioning rental property.
It is, therefore, the intent of the
Legislature in enacting this title to ensure that consumers are protected from misrepresentations and unfair dealings by ensuring that consumers are adequately informed of all relevant terms, including the cash price, periodic payments, total purchase price, and other applicable charges or fees, before they enter into rental-purchase contracts.
It is further the intent of the Legislature to (a) prohibit unfair or unconscionable conduct toward consumers in connection with rental-purchase transactions, (b) prohibit unfair contract terms, including unreasonable charges, (c) prevent the forfeiture of contract rights by consumers, (d) provide a right of reinstatement and a reasonable formula for the exercise of purchase option rights under a rental-purchase contract, (e) provide reasonable requirements for the servicing, repair, and replacement of improperly functioning rental property, and (f) cover rental-purchase transactions under existing laws, including laws
governing debt collection, cosigners, home solicitation contracts, and warranties. This title shall be liberally construed to achieve its remedial objectives.
Amended by Stats. 2014, Ch. 426, Sec. 1. (AB 2667) Effective January 1, 2015.
As used in this title:
Chapter 1 (commencing with Section 17500) of Part 3, of Division 7 of the Business and Professions Code, to rental-purchase transactions.
initial term not exceeding four months that may be renewed or otherwise extended, if under the terms of the agreement the consumer acquires an option or other legally enforceable right to become owner of the property. A rental-purchase agreement is a lease subject to Title 1.5 (commencing with Section 1750) and Title 1.7 (commencing with Section 1790).
“Rental-purchase agreement” shall not be construed to be, nor be governed by, and shall not apply to, any of the following:
security interest, as defined in Section 1201 of the Commercial Code.
collects and reports data or information that identifies the precise geophysical location of an item, including technologies that report the GPS coordinates of an electronic device, the WiFi signals available to or actually used by an electronic device to access the Internet, the telecommunication towers or connections available to or actually used by an electronic device, the processing of any reported data or information through geolocation lookup services, or any information derived from any combination of the foregoing.
connect to an electronic device for the purpose of providing technical support to the user.
Amended by Stats. 2006, Ch. 410, Sec. 2. Effective January 1, 2007.
at least 10-point type in the same language as principally used in any oral sales presentation or negotiations leading to the execution of the agreement, and shall clearly and conspicuously disclose all of the following:
the consumer is obligated under the rental-purchase agreement; the duration of the rental-purchase agreement if all regularly scheduled periodic payments are made, designated as the “rental period”; and the amount of each periodic payment.
You are renting this property. You will not own it until you make all of the regularly scheduled payments or you use the early purchase option.
You do not
have the right to keep the property if you do not make required payments or do not use the early purchase option. If you miss a payment, the lessor can repossess the property, but, you may have the right to the return of the same or similar property.
See the contract for an explanation of your rights.
the property that is the subject of the rental-purchase agreement will be transferred by the lessor to the consumer at the time the consumer acquires ownership of the property from the lessor.
immediately above the space reserved for the buyer’s signature.
contrasts with the background.
Amended by Stats. 2006, Ch. 410, Sec. 3. Effective January 1, 2007.
agent to commit any breach of the peace in repossessing the rental property or to enter the consumer’s dwelling or other premises without obtaining the consumer’s consent at the time of entry.
damage to the property which is the subject of the rental-purchase agreement may exceed the maximum described in subdivision (a) of Section 1812.627.
right or remedy against the lessor, its agents, or its successors in interest for any violation of this title or any other illegal act. This subdivision does not apply to a document executed in connection with the bona fide settlement, compromise, or release of a specific disputed claim.
Added by Stats. 1994, Ch. 1026, Sec. 1. Effective January 1, 1995.
possession of the property from the consumer, the lessor shall deliver to the consumer the amount of the security deposit less the amount, if any, deducted for loss or repair as permitted by this title. If any amount is deducted, the lessor shall also deliver to the consumer at that time a copy of an itemized statement indicating the amount of the security deposit, the amount deducted for loss or repair, and a detailed statement of the basis for the deduction. Delivery may be made by personal delivery or by first-class mail, postage prepaid.
Added by Stats. 1994, Ch. 1026, Sec. 1. Effective January 1, 1995.
longer than weekly periodic payments.
Added by Stats. 1994, Ch. 1026, Sec. 1. Effective January 1, 1995.
subdivision (a) and only for one of the following:
Added by Stats. 1994, Ch. 1026, Sec. 1. Effective January 1, 1995.
rental-purchase agreement, without penalty or obligation if the consumer has not taken possession of the property.
Added by Stats. 1994, Ch. 1026, Sec. 1. Effective January 1, 1995.
agreement if it contains blank spaces to be filled in after it has been signed.
Added by Stats. 1994, Ch. 1026, Sec. 1. Effective January 1, 1995.
(A) That the agreement advertised is a rental-purchase agreement.
(B) That the property is used if that is the case.
(C) That ownership is not acquired until all of the payments necessary to acquire ownership have been made.
(D) The total amount and number of periodic payments necessary to acquire ownership.
inquiry or request a consumer to complete any document concerning the consumer’s assets or credit history, (2) obtain a consumer credit report as defined in subdivision (c) of Section 1785.3, or (3) obtain an investigative consumer report as defined in subdivision (c) of Section 1786.2.
Added by Stats. 1994, Ch. 1026, Sec. 1. Effective January 1, 1995.
payment by the end of the 10th day after its due date.
that agreement, by paying all past due payments, including late payment fees, by the end of the 10th day after the due date of the payment in default if the consumer retains possession of the property and within one year after the due date of the payment in default if the consumer returns or tenders the property to the lessor, unless the lessor permits the consumer to retain the property during this period.
consumer the right of reinstatement provided in this section.
Amended by Stats. 2006, Ch. 410, Sec. 4. Effective January 1, 2007.
consumer a notice informing the consumer of the right described in paragraph (1), including the amount the consumer must pay to acquire ownership and the date by which payment must be made. The statement shall not be accompanied by any other written information including solicitations for other rental-purchase agreements.
with a consumer’s rights under subdivision (b), provide the consumer with a written statement in the manner set forth in paragraph (2) below that clearly states (A) the total amount the consumer would have to pay to acquire ownership of the rental property if the consumer makes all regularly scheduled payments remaining under the rental-purchase agreement and (B) the total amount the consumer would have to pay to acquire ownership of that property pursuant to subdivision (a).
solicitations for other rental-purchase agreements.
restored, the lessor may increase the amount of rental payments, but in no event shall rental payments exceed the originally scheduled amount of rental payments.
Added by Stats. 1994, Ch. 1026, Sec. 1. Effective January 1, 1995.
property without any fee to the consumer in addition to the regularly scheduled rental payments set forth in the rental-purchase agreement.
Added by Stats. 1994, Ch. 1026, Sec. 1. Effective January 1, 1995.
When the lessor transfers ownership of the rental property, the lessor shall also transfer to the consumer the unexpired portion of any transferable warranties provided by the manufacturer, distributor, or seller of the rental property, and these warranties shall apply as if the consumer were the original purchaser of the goods.
Added by Stats. 1994, Ch. 1026, Sec. 1. Effective January 1, 1995.
does not sell, or offer to sell, the service contract before (A) the consumer pays at least one-half of the total number of periodic payments necessary to acquire ownership of the property or (B) the consumer acquires ownership of the property, as provided in Section 1812.632, whichever occurs first.
subdivision does not limit or alter any of the consumer’s cancellation or refund rights under the service contract or under other provisions of law.
Added by Stats. 1994, Ch. 1026, Sec. 1. Effective January 1, 1995.
Added by Stats. 1994, Ch. 1026, Sec. 1. Effective January 1, 1995.
of a bona fide error include clerical errors, calculation errors, errors due to unintentionally improper computer programming or data entry, and printing errors, but does not include an error of legal judgment with respect to a lessor’s obligations under this title.
inception of the transaction.
Added by Stats. 1994, Ch. 1026, Sec. 1. Effective January 1, 1995.
consumer for the purpose of acquiring information about the location of a consumer or of any rental property:
recovery or repossession of rental property.
consumer’s place of employment.
consent of the consumer given directly to the lessor.
identity.
Added by Stats. 1994, Ch. 1026, Sec. 1. Effective January 1, 1995.
A lessor shall not engage in any unfair, unlawful, or deceptive conduct or make any untrue or misleading statement in connection with a rental-purchase agreement, including any violation of this title.
Added by Stats. 1994, Ch. 1026, Sec. 1. Effective January 1, 1995.
A lessor shall not report any late payment, default, or repossession to a consumer credit reporting agency, as defined in subdivision (d) of Section 1785.3, or to an investigative consumer reporting agency, as defined in subdivision (d) of Section 1786.2 if the lessor (a) advertises “no credit check” or otherwise states or implies that no inquiry will be made of a consumer’s credit history or creditworthiness or (b) does not obtain a consumer credit report or investigative consumer report on a consumer before entering into a rental-purchase agreement with that
consumer.
Added by Stats. 1994, Ch. 1026, Sec. 1. Effective January 1, 1995.
the right to object without incurring any additional rental charge or fee or any loss of contractual rights.
identified as a reference shall clearly offer the reference the opportunity, without cost, to instruct the lessor to refrain from sending further solicitations or other promotional material to the reference. If so instructed, the lessor shall not send any further solicitations or other promotional material to the reference and shall remove the reference’s name and address from the lessor’s mailing list.
Added by Stats. 1994, Ch. 1026, Sec. 1. Effective January 1, 1995.
A lessor shall not discriminate against a prospective consumer on any ground that would be a prohibited basis for a creditor to discriminate against an applicant for credit as provided in the Equal Credit Opportunity Act (15 U.S.C. Sec. 1691 et seq.) and Regulation B (12 C.F.R. Part 202) as if they applied to a rental-purchase agreement. Nothing in this section shall be construed in any manner to mean that a rental-purchase agreement is a credit transaction.
Added by Stats. 1994, Ch. 1026, Sec. 1. Effective January 1, 1995.
If you sign this contract, you will have the same responsibility for the property and the same obligation to make payments that every renter has.
If any renter does not pay, you may have to pay the full amount owed, including late fees, and you may have to pay for certain loss or damage to the property.
The lessor may collect from you without first trying to collect from any other renter. The lessor can use the same collection methods against you that can be used against any renter, such as suing you or garnishing your wages.
This notice is not the contract that makes you responsible.
Before you sign, be sure you can afford to pay if you have to, and that you
want to accept this responsibility.”
receipt.
Amended by Stats. 2006, Ch. 410, Sec. 5. Effective January 1, 2007.
rental-purchase agreement may not exceed 1.65 times the lessor’s cost for computer systems and appliances, 1.7 times the lessor’s cost for electronic sets, 1.9 times the lessor’s cost for automotive accessories, furniture, jewelry, and musical instruments, and 1.65 times the lessor’s cost for all other items.
that property or (2) for furniture, computer systems, and all other items, one-half the amount of all rental payments paid to the lessor by consumers who previously rented that property.
the lessor shall refund to the consumer all amounts paid.
Added by Stats. 1994, Ch. 1026, Sec. 1. Effective January 1, 1995.
An action on a rental-purchase agreement shall be tried in the county in which the rental-purchase agreement was signed or the consumer resides at the time the action is commenced.
Added by Stats. 1994, Ch. 1026, Sec. 1. Effective January 1, 1995.
Any waiver or modification of the provisions of this title by the consumer or lessor shall be void and unenforceable as contrary to public policy.
Added by Stats. 1994, Ch. 1026, Sec. 1. Effective January 1, 1995.
Any person who willfully violates any provision of this title is guilty of a misdemeanor.
Added by Stats. 1994, Ch. 1026, Sec. 1. Effective January 1, 1995.
The rights, remedies, and penalties established by this title are cumulative to the rights, remedies, or penalties established under other laws.
Added by Stats. 1994, Ch. 1026, Sec. 1. Effective January 1, 1995.
If any provision of this title or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the 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. 2014, Ch. 426, Sec. 2. (AB 2667) Effective January 1, 2015.
disseminated through video means, the required disclosures are in writing in a form consistent with paragraph (1) and appear on the screen for a duration sufficient for an ordinary consumer to read and comprehend them.
electronic device if geophysical location tracking technology is activated or used by the lessor. This notification requirement shall be suspended if the consumer or lessor reports that the electronic device has been stolen and has filed a police report stating that the electronic device has been stolen. For purposes of this subdivision, “filing a police report” means the filing of a consumer’s or lessor’s complaint with the police department in any form recognized by that jurisdiction.
any purpose other than to provide remote technical assistance when requested by the consumer.
rental-purchase agreement with any consumer who does not provide express consent to the above-described provisions of the rental-purchase agreement.
Added by Stats. 2003, Ch. 259, Sec. 1. Effective January 1, 2004. Operative July 1, 2004, by Sec. 2 of Ch. 259.
“The state Rosenthal Fair Debt Collection Practices Act and the federal Fair Debt Collection Practices Act require that, except
under unusual circumstances, collectors may not contact you before 8 a.m. or after 9 p.m. They may not harass you by using threats of violence or arrest or by using obscene language. Collectors may not use false or misleading statements or call you at work if they know or have reason to know that you may not receive personal calls at work. For the most part, collectors may not tell another person, other than your attorney or spouse, about your debt. Collectors may contact another person to confirm your location or enforce a judgment. For more information about debt collection activities, you may contact the Federal Trade Commission at 1-877-FTC-HELP or www.ftc.gov.”
other than English is principally used by the third-party debt collector in the initial oral contact with the debtor, a notice shall be provided to the debtor in that language within five working days.
Amended by Stats. 2004, Ch. 183, Sec. 37. Effective January 1, 2005.
Added by Stats. 2003, Ch. 259, Sec. 1. Effective January 1, 2004. Operative July 1, 2004, by Sec. 2 of Ch. 259.
Any violation of this act shall be considered a violation of the Rosenthal Fair Debt Collection Practices Act (Title 1.6C (commencing with Section 1788)).