Section § 1799.200

Explanation

This section simply gives the official name to a law, calling it the Consumer Contract Awareness Act of 1990.

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

Section § 1799.201

Explanation

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.

As used in this title:
(a)CA Civil Law Code § 1799.201(a) “Consumer” means a natural person who has entered into a consumer contract with a seller.
(b)CA Civil Law Code § 1799.201(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)CA Civil Law Code § 1799.201(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)CA Civil Law Code § 1799.201(d) “Copy” means a reproduction, facsimile, or duplicate.
(e)CA Civil Law Code § 1799.201(e) “Days” means calendar days.
(f)CA Civil Law Code § 1799.201(f) “Goods” means tangible and intangible personal property.
(g)CA Civil Law Code § 1799.201(g) “Guarantor” means a person who guarantees the obligation of a consumer under a consumer contract by signing a consumer contract guaranty.
(h)CA Civil Law Code § 1799.201(h) “Seller” means a person who has entered into a consumer contract with a consumer.
(i)CA Civil Law Code § 1799.201(i) “Services” means work, labor, and services, including depository services and other banking services.
(j)CA Civil Law Code § 1799.201(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.

Section § 1799.202

Explanation

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.

(a)CA Civil Law Code § 1799.202(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)CA Civil Law Code § 1799.202(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)CA Civil Law Code § 1799.202(b)(1) The writing was previously delivered or mailed to the consumer.
(2)CA Civil Law Code § 1799.202(b)(2) The writing was not prepared by the seller.
(c)CA Civil Law Code § 1799.202(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)CA Civil Law Code § 1799.202(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.

Section § 1799.203

Explanation

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.

(a)CA Civil Law Code § 1799.203(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)CA Civil Law Code § 1799.203(b) Section 1799.202 does not apply to any of the following:
(1)CA Civil Law Code § 1799.203(b)(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)CA Civil Law Code § 1799.203(b)(2) A written contract created by, and consisting of, an exchange of letters by mail.
(3)CA Civil Law Code § 1799.203(b)(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.

Section § 1799.204

Explanation

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.

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.

Section § 1799.205

Explanation

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.

(a)CA Civil Law Code § 1799.205(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)CA Civil Law Code § 1799.205(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.

Section § 1799.206

Explanation

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.

(a)CA Civil Law Code § 1799.206(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)CA Civil Law Code § 1799.206(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)CA Civil Law Code § 1799.206(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)CA Civil Law Code § 1799.206(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.

Section § 1799.207

Explanation
In California, you can't give up your rights under this specific law because doing so goes against public policy, and any agreement that tries to make you waive these rights won't hold up in court.
Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable.

Section § 1799.208

Explanation

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.

(a)CA Civil Law Code § 1799.208(a) A seller shall not require a consumer to agree to a provision that would do either of the following:
(1)CA Civil Law Code § 1799.208(a)(1) Require the consumer to arbitrate outside of California a claim arising in California.
(2)CA Civil Law Code § 1799.208(a)(2) Require the consumer to arbitrate a controversy arising in California under the substantive law of a state other than California.
(b)CA Civil Law Code § 1799.208(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)CA Civil Law Code § 1799.208(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)CA Civil Law Code § 1799.208(d) For purposes of this section, adjudication includes litigation and arbitration.
(e)CA Civil Law Code § 1799.208(e) This section applies to a contract entered into, modified, or extended on or after January 1, 2025.

Section § 1799.209

Explanation

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.

(a)CA Civil Law Code § 1799.209(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)CA Civil Law Code § 1799.209(b) This section applies to a contract entered into, modified, or extended on or after January 1, 2025.