Obligations Arising From Particular TransactionsCredit Cards
Section § 1747
This section states the official name of the law, which is the 'Song-Beverly Credit Card Act of 1971.'
Section § 1747.01
This section is about aligning state law with federal law. It says that this part of the California law should match the federal Truth in Lending Act. So, when people are interpreting this California law, they should make sure it fits well with the federal standards and any rules or interpretations issued by the Federal Reserve.
Section § 1747.02
This section explains what certain terms mean when talking about credit cards. A 'credit card' is a tool to borrow money, but it doesn't include things like phone cards or business gas cards. An 'accepted credit card' is one you asked for and got. The 'card issuer' is who gives you the card, while the 'cardholder' is the person using it. A 'retailer' is any business you buy from using a credit card, but not government agencies. 'Unauthorized use' is when someone else uses your card without your permission and doesn't benefit you. An 'inquiry' is a written complaint about a bill mistake, and the 'response' is how the card company answers, which must be done within about 90 days. A 'billing error' is a mistake on your statement, not a dispute over product quality. 'Adequate notice' is a clear warning given to you. A 'secured credit card' uses property as backup. A 'student credit card' is given just because someone is a student. Lastly, terms about 'fuel dispensers' and electronic payment systems for buying fuel are also defined.
Section § 1747.03
This law specifies that rights or duties related to credit card use don't apply to two types of transactions: electronic fund transfers as defined by the Federal Reserve and transactions using a card key at gas stations for business purposes. However, if such a card key used for business gas purchases is lost or stolen, the person or company is not responsible for losses after notifying the issuer about the loss or theft.
Section § 1747.04
Section § 1747.05
This law states that credit cards can only be issued if someone asks for one or as a replacement or renewal of a card they already have. For replacement cards, the issuer must have a way to activate the card before use, like calling them first. The law also allows overdraft and recurring payments already set up on existing cards to continue without issue.
Section § 1747.06
If a credit card issuer sends an offer and the recipient responds with an application listing a different address, the issuer must verify the new address. If they don't verify it and the card is used without authorization, the recipient is not responsible for those charges unless the issuer can prove the recipient made the charge. Additionally, if a change of billing address is requested and then a new card is requested within 10 days, the issuer must verify the address before sending or activating the card.
Section § 1747.08
This law limits the collection of personal information during credit card transactions, stating that businesses can't require customers to share personal details like their address or phone number when paying with a credit card. Exceptions exist, such as using a credit card for deposits, certain contractual obligations, or collecting information for shipping purposes. Businesses can ask for identification, but cannot record details on the transaction form. Violations could result in fines, though unintentional errors may be excused. Legal actions can pursue penalties and orders to stop repeat offenses.
Section § 1747.09
This law states that businesses accepting credit or debit cards can't print more than the last five digits of the card number or the expiration date on any receipt. This includes receipts provided to the customer and those kept by the business, regardless of whether the transaction involved a signature or a PIN entry. The rule applies only to receipts that are electronically printed, not those handwritten or made by imprint. Certain internal documents are excluded from this requirement. Specific parts of this rule for receipts retained by businesses became effective in 2009.
Section § 1747.10
This law says that if someone uses your credit card without permission, you're only responsible for up to $50 under certain conditions. These conditions include having a credit card that you accepted, being told about the $50 limit and how to report a lost or stolen card, and the unauthorized use happening before you report the card missing. The credit card company must also have a way to verify if you're the one using the card.
Section § 1747.20
If a company hands out 10 or more credit cards from the same issuer to their employees, the rules about who's responsible for unauthorized charges can be negotiated separately between the company and the credit card issuer. But when it comes to holding an employee personally responsible for these unauthorized charges, the company or the issuer must still follow the usual legal rules outlined in another specific section.
Section § 1747.40
If a credit card company doesn't respond quickly to a cardholder's question about a charge, they can't add any extra fees for the time between when the cardholder sent their question and when the company finally responds.
Section § 1747.50
If a credit card issuer makes a mistake on your billing statement and you let them know, they're required to fix it within two billing cycles or no later than 90 days. If they don't, they can't charge you for any extra amount over the true balance or any interest on that mistake. If the issuer knowingly violates these rules and you suffer because of it, you can sue them for damages, possibly getting three times the amount of your actual damages, plus attorney fees and court costs.
Section § 1747.60
If a store makes a mistake on your bill, they have 60 days to fix it once you send them a written inquiry. If they don't correct it in time, they're responsible for any extra charges you get stuck with. If the store ignores the rule on purpose, you can sue them for damages and might get triple what you lost, plus your legal fees. An 'inquiry' is considered a written letter you mail to the store's designated address for billing questions.
Section § 1747.65
This law says that if a mistake in billing happens, the card issuer can't be blamed if the mistake was made by the retailer. Similarly, the retailer can't be blamed for a billing mistake made by the card issuer. Each party is only responsible for their own errors.
Section § 1747.70
This law section makes it illegal for credit card companies to knowingly share false information about a cardholder's credit, report negative credit information before resolving a billing error, or cancel a card because a cardholder has disputed a billing error. If a credit card company breaks these rules on purpose, the affected cardholder can sue for damages and may be awarded up to three times the actual losses, plus their legal costs.
Section § 1747.80
This law says that credit card companies in California cannot refuse to give someone a credit card just because of certain personal characteristics, like race or gender. If a company breaks this rule on purpose, they have to pay the person who was denied a credit card the damages they suffered, plus $250. The person can also ask the court to order the company to give them a credit card using the same terms and conditions as usual.
Section § 1747.81
This law section states that when a credit card company decides to issue a card to a married woman, the card can display either her maiden name or her married name, depending on her preference. However, if she wants the card in her maiden name, the company might require her to open a new account using that name.
Section § 1747.85
This law says that unless the cardholder asks for it, a credit card company can't cancel someone's card without giving them a 30-day written notice, unless the cardholder hasn't been paying their bills, has violated the agreement, or if the company thinks the cardholder can't or won't pay what they owe. However, the company can make an account inactive if the card hasn’t been used for more than 18 months and may ask for updated information if the cardholder starts using it again.
Section § 1747.90
This law explains the conditions under which credit card issuers are responsible for disputes concerning transactions made with their cards. If you have a disagreement about a transaction over $50, you must first try to resolve it with the merchant. The dispute must also take place in California or within 100 miles of your California address. However, these location and amount limits don't matter if the merchant is related to or influenced by the credit card issuer. Furthermore, your claims can't exceed what you owe on that transaction when you inform the issuer of your problem. This law doesn't cover issues with debit cards or check guarantee cards.
Section § 1747.94
This law requires credit card issuers to clearly label and explain that a credit card is secured, meaning it's backed by collateral, in their ads and offers. They must specify what secures the card. If a deed of trust is tied to such a card, it should state this purpose, though missing the statement won't void it. The rule doesn't cover cards with purchase protection or loans governed by a specific federal act. Violating these rules counts as unfair business practice.
Section § 1748
This law says that if a contract between a credit card company and a store stops the store from giving discounts to cash-paying customers or charging them less than those using credit cards, that contract part is invalid because it's against public policy.
Section § 1748.1
In California, retailers are not allowed to charge extra fees to consumers who choose to pay with a credit card instead of cash, check, or other methods. However, discounts for cash payments are permitted if they're available to everyone. If a retailer intentionally breaks this rule by charging a credit card fee and doesn’t refund it within 30 days after a request, they must pay the customer three times the damages plus any legal fees. Customers can sue in small claims court if the amount is appropriate for that court. The law doesn’t apply if retailers only accept credit cards by phone and cash in person. Extra charges from third-party credit card services count as illegal surcharges. Utilities like electric, gas, or water companies are not subject to this rule if their charges are approved by the Public Utilities Commission.
Section § 1748.5
If you have a credit card, you can ask your card issuer to tell you how much you've paid in finance charges over the past year. You can only request this information once a year, and they have to give it to you for free within 30 days. If you ask for it in writing, they need to respond in writing, unless they include it with your usual bill or account statement. However, this doesn't apply if you're using the credit card for a retail installment plan, which is something different.
Section § 1748.7
This law makes it illegal for anyone to handle credit card charges through a retailer’s account unless the retailer actually provided the goods or services being charged. Retailers also can’t let others do this under their accounts. There are exceptions, like for businesses within a larger general merchandise store, certain franchise arrangements, or if the transaction is under $500 annually. If someone breaks these rules, the penalties can include being punished with a misdemeanor, fines, and covering the injured party’s legal costs. The law also clarifies terms like 'general merchandise retailer', 'franchisor', and 'franchisee' for these purposes.
Section § 1748.9
If a credit card company gives you checks or drafts to use for borrowing, they have to clearly tell you up front that using them will add a charge to your credit account. They must also openly explain what interest rate you'll be paying and how they calculate any charges. Plus, they need to let you know if using the check will cause charges to start adding up right away.
Section § 1748.95
If someone finds out their information was used without permission to apply for a credit card, they can ask the card company for application details. The card company must provide these details for free within 10 business days, as long as the person shows a police report and confirms their own information. If law enforcement needs these details, the person must sign a form allowing the card company to share the info for a certain time. The card company will inform the person that they can cancel this authorization at any time. A law enforcement officer is defined as a peace officer in the statute.