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Section § 9855
This section defines important terms related to service contracts, which are agreements to maintain, replace, or repair consumer goods. It clarifies what is and isn't included in a service contract and identifies key roles such as the service contract seller, administrator, and contractor. It also outlines obligations like insurance requirements and what qualifies as a service contract seller. Specific exclusions, like banks and electrical device manufacturers, are noted. Furthermore, it distinguishes between consumer goods and optical products. These definitions ensure a clear understanding of the roles and responsibilities in service contracts.
Section § 9855.1
If you want to work as a service contractor in California, you must first register with the appropriate bureau and keep your registration up to date. Once registered, you're mostly not subject to the state's Insurance Code, unless this chapter specifically says otherwise.
Section § 9855.2
If you're selling service contracts, you can't do so unless the company behind it meets certain financial safety measures. They must either have enough financial backing shown through specific financial reports, have insurance to cover claims, work with an administrator that has such insurance, or keep a set amount of money in a special account. Additionally, a service contract administrator can't manage these contracts unless there's an insurance policy in place to cover them.
Section § 9855.3
This section explains the requirements for filing service contract forms and other related documents with the director before they are used. The forms must be submitted 30 days prior to their use and can't be changed unless resubmitted, unless stated otherwise. Sellers and administrators of these contracts must also provide certain financial assurances, like insurance or documented net worth. They must file either a financial statement, reimbursement insurance, proof of contracts administered by insured administrators, or an escrow account holding a portion of revenues.
Section § 9855.4
This law outlines requirements for service contract reimbursement insurance policies. Firstly, the insurance policy must cover the obligations of contract sellers for the time it's active. It can cover either all contracts or specifically those sold to California residents. Secondly, the insurer must inform the bureau in writing if they terminate or do not renew the policy. Finally, if an insurance policy is terminated, the service contractor’s registration will be automatically suspended unless they replace it or meet other legal requirements. Contractors can request a 60-day delay of this suspension, and they have the right to an administrative hearing if suspended.
Section § 9855.05
Starting January 1, 2000, the definition of a 'service contract' under this chapter also covers a certain type of service contract that's detailed in another part of the Insurance Code.
Section § 9855.5
This law says that a service contractor must follow specific rules laid out in two other sections of the Civil Code, 1794.4 and 1794.41.
Section § 9855.6
If you cancel a service contract and don't get your refund within 30 days after notifying the service provider, they'll owe you interest on that refund. This interest is 10% per year and is added for every 30 days you're kept waiting beyond the 30 days.
Section § 9855.7
This law allows the director to deny, suspend, revoke, or put on probation the registration of a service contractor if they or someone working for them commits fraud, is convicted of a relevant crime, or helps someone else break the rules of this law. A criminal conviction related to their duties is especially serious and can be used as definite proof for taking action against them.
Section § 9855.8
This law allows the director to issue citations to service contractors for various violations, like making false or misleading statements. Each citation must detail the violation and may include an order to stop the activity and pay a fine. Contractors have the right to request a hearing or a citation review to challenge the decision. Fines escalate with repeated violations, and unpaid fines can prevent registration renewal. For serious repeat offenses, contractors may face suspension or revocation of their registration.
Section § 9855.9
This law is set to expire on January 1, 2028, and will no longer be in effect after that date.
Section § 9855.15
If you're registered as a service contract administrator and you are also responsible for fulfilling the service contract (known as an 'obligor'), you can do everything a seller can do. You don't need to sign up separately as a seller.
Section § 9855.85
If a company or person sells service contracts and doesn't have the right insurance policy to cover them, they're breaking the law by engaging in the insurance business without permission. They must either have a specific insurance policy or be properly authorized to conduct insurance business.