This title shall be liberally construed and applied to promote its underlying purposes, which are to protect consumers against unfair and deceptive business practices and to provide efficient and economical procedures to secure such protection.
Consumers Legal Remedies ActConstruction and Definitions
Section § 1760
This section is about making sure the law is applied in a way that protects consumers from businesses that act unfairly or deceptively. It also aims to make it easier and cheaper for consumers to get the protection they need.
consumer protection unfair business practices deceptive business practices
Section § 1761
This section defines important terms used in relation to consumer transactions. 'Goods' refers to items bought mostly for personal or family use, including those attached to property. 'Services' are non-business-related work provided with or without goods. 'Person' includes all types of entities like individuals or companies. A 'consumer' is someone purchasing goods or services for personal use. A 'transaction' is any agreement between a consumer and another party. 'Senior citizens' and 'disabled persons' definitions are provided, highlighting those 65 or older and individuals with certain physical or mental disabilities. 'Home solicitation' refers to purchases made at home that the consumer didn't initiate.
As used in this title:
(a)CA Civil Law Code § 1761(a) “Goods” means tangible chattels bought or leased for use primarily for personal, family, or household purposes, including certificates or coupons exchangeable for these goods, and including goods that, at the time of the sale or subsequently, are to be so affixed to real property as to become a part of real property, whether or not
they are severable from the real property.
(b)CA Civil Law Code § 1761(b) “Services” means work, labor, and services for other than a commercial or business use, including services furnished in connection with the sale or repair of goods.
(c)CA Civil Law Code § 1761(c) “Person” means an individual, partnership, corporation, limited liability company, association, or other group, however organized.
(d)CA Civil Law Code § 1761(d) “Consumer” means an individual who seeks or acquires, by purchase or lease, any goods or services for personal, family, or household purposes.
(e)CA Civil Law Code § 1761(e) “Transaction” means an agreement between a consumer and another person, whether or not the agreement is a contract enforceable by action, and includes the making of, and the performance pursuant to, that agreement.
(f)CA Civil Law Code § 1761(f) “Senior citizen” means a person who is 65 years of age or older.
(g)CA Civil Law Code § 1761(g) “Disabled person” means a person who has a physical or mental impairment that substantially limits one or more major life activities.
(1)CA Civil Law Code § 1761(g)(1) As used in this subdivision, “physical or mental impairment” means any of the following:
(A)CA Civil Law Code § 1761(g)(1)(A) A physiological disorder or condition, cosmetic disfigurement, or anatomical loss substantially affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; or endocrine.
(B)CA Civil Law Code § 1761(g)(1)(B) A mental or psychological disorder, including intellectual
disability, organic brain syndrome, emotional or mental illness, and specific learning disabilities. “Physical or mental impairment” includes, but is not limited to, diseases and conditions that include orthopedic, visual, speech, and hearing impairment, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, intellectual disability, and emotional illness.
(2)CA Civil Law Code § 1761(g)(2) “Major life activities” means functions that include caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
(h)CA Civil Law Code § 1761(h) “Home solicitation” means a transaction made at the consumer’s primary residence, except those transactions initiated by the consumer. A consumer response to an advertisement is not a home solicitation.
tangible chattels home solicitation disabled person
