Obligations Arising From Particular TransactionsConsumer Contract Awareness Act of
Section § 1799.200
This section simply gives the official name to a law, calling it the Consumer Contract Awareness Act of 1990.
Section § 1799.201
This section provides definitions for key terms used in consumer contracts. It defines a "consumer" as a person who enters into a contract with a seller for personal, family, or household items or services. A "consumer contract" is a written agreement for buying or leasing those goods or services, and it usually involves credit terms. A "consumer contract guaranty" involves someone who promises to fulfill the consumer's obligations if needed. Other important terms defined include "copy," which means any reproduction, and "goods," covering both tangible and intangible property. It also explains who a "guarantor" is, gives a broad definition of "services," and specifies that "financial institution" refers to various entities involved in money lending.
Section § 1799.202
This law sets out when a seller must provide a copy of a contract to a consumer. If the contract is signed at the seller's business, a copy should be given immediately. Otherwise, it should be sent to the consumer within 10 days. The copy must not have any blank spaces and should have the seller's signature if required. Financial institutions aren't bound by these rules for documents not prepared by them or previously sent to the consumer. If the contract includes sensitive financial details, this information doesn't need to be included in the consumer's copy. If a consumer requests it in writing, the seller must send a copy of their credit application but can charge a fee and dictate the address to which the request should be sent. Once the copy is sent, the consumer can't sue over its delivery or any added information.
Section § 1799.203
This law says that businesses meet the requirements of another law, Section 1799.202, if they give or send a copy of a consumer contract to the consumer before the transaction happens. It doesn't apply to contracts where you buy something by mail and can return it unused for a full refund within 30 days, contracts created through letter exchanges, or any contracts that must be given at a specific time due to other laws.
Section § 1799.204
If a contract is signed by more than one person, the seller can send a copy of the contract to just one of them if they all live at the same address. If any of the signers live elsewhere, the seller needs to send them a copy too.
Section § 1799.205
If a seller does not follow Section 1799.202, they must pay the buyer for any actual losses caused by this mistake. Buyers can use this option along with other available legal remedies. Not following Section 1799.202 alone isn't enough to cancel a contract, but it can be used as evidence if canceling is allowed by other laws.
Section § 1799.206
This law requires sellers to provide guarantors with a copy of the consumer contract guaranty. If the guarantor signs at the seller's business, they must receive the copy immediately. Otherwise, the seller has up to 10 days to mail or deliver it. The document should be complete without blank spaces and include signatures as needed. If multiple guarantors are involved, the seller can send one copy to a shared address, but separate copies are needed for those at different addresses. Sellers who don't follow these rules might have to compensate for any damages this causes, though not following the law doesn't automatically allow for contract cancellation, although it can be part of a legal argument for cancellation.
Section § 1799.207
Section § 1799.208
This law says that sellers can't force consumers to deal with legal disputes outside of California if the issue started in California. It also says that California law must be used if the controversy began in California, not another state's laws. If these rules are broken, the consumer can void that part of the contract, and the dispute will be handled in California. If a consumer needs to enforce these rights, they can also get their legal fees covered. These rules apply to contracts made or changed after the start of 2025.
Section § 1799.209
This law says if you have a contract that requires disagreements to be settled by arbitration, but you could also go through small claims court, you have the choice to use small claims court instead. However, this choice is only available for contracts made or changed after January 1, 2025.