The Legislature hereby finds and declares that it is in the public interest that consumers have comprehensive knowledge of services available through electronic commerce and to that end hereby enacts the Electronic Commerce Act of 1984.
Electronic CommerceGeneral Provisions
Section § 1789
This law states that it's important for people to be well-informed about the different services they can access online. To support this, the Electronic Commerce Act of 1984 was established to help consumers understand more about online services.
consumer knowledge electronic commerce services available
Section § 1789.1
This law section states that the official name for this particular set of regulations is “The Electronic Commerce Act of 1984.”
This title may be cited as “The Electronic Commerce Act of 1984.”
Electronic Commerce Act 1984 title citation
Section § 1789.2
This section defines key terms related to electronic commercial services. It clarifies what counts as an 'electronic commercial service', which is essentially an online platform for buying goods and services, excluding basic phone calls, broadcasting, electronic funds transfers, or sales at terminals in stores. A 'consumer' is someone who buys things through these services, while a 'provider of service' is the company or person who offers these online shopping platforms. 'Goods or services' refers to physical products or actual services you can buy, not just digital data.
For the purposes of this title, the following terms have the meanings expressed in this section:
(a)CA Civil Law Code § 1789.2(a) “Electronic commercial service” or “service” means an electronic shopping system to conduct the purchase of goods and services via a telecommunications network, but does not mean conventional voice-only telephone service, one-way television or radio broadcasting, an electronic fund transfer system, or a service provided through an electronic terminal located at a place of business where the sale of goods or services sold through that service otherwise
occurs.
(b)CA Civil Law Code § 1789.2(b) “Consumer” means a natural person who purchases goods or services using an electronic commercial service.
(c)CA Civil Law Code § 1789.2(c) “Provider of service” means a person who contracts with consumers to provide an electronic commercial service.
(d)CA Civil Law Code § 1789.2(d) “Goods or services” means tangible items or physical services provided to the consumer, or tickets or vouchers for such tangible items or physical services, but does not mean computerized data delivered to the consumer via a computer terminal or in printed form.
electronic commercial service telecommunications network consumer
Section § 1789.3
When you sign up for an electronic service, they must give you some key details right away and then every year by June 30. This includes their contact details, any charges you'll face, and how to handle complaints, along with info for getting more help from the state's consumer services department.
The provider of an electronic commercial service shall provide to consumers with which it contracts to provide the service, at the time it contracts to provide the service and annually, on or before June 30 of each year thereafter, all of the following information:
(a)CA Civil Law Code § 1789.3(a) The name, address, and telephone number of the provider of service.
(b)CA Civil Law Code § 1789.3(b) Any charges to the consumer imposed by the provider for the use of the service.
(c)CA Civil Law Code § 1789.3(c) The procedures a consumer may follow
in order to resolve a complaint regarding the service or to receive further information regarding use of the service, including the telephone number and address of the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs.
electronic commercial service annual information consumer charges
Section § 1789.5
This law states that if a provider breaks any part of this title on purpose, they can be fined up to $5,000. This fine is handled through a civil lawsuit by the state's Attorney General, a district attorney, or a city attorney. If the Attorney General collects the fine, it's split equally between the county treasury and the state's General Fund. If a district attorney collects it, the fine goes to the county. If collected by a city attorney, it's split between the city and county treasuries.
(a)CA Civil Law Code § 1789.5(a) Any provider who knowingly and willfully violates any provision of this title is liable for a civil penalty not to exceed five thousand dollars ($5,000) which may be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General, by any district attorney or city attorney, or by a city prosecutor in any city or city and county having a full-time city prosecutor, in any court of competent jurisdiction.
(b)CA Civil Law Code § 1789.5(b) If the action is brought by the Attorney General, one-half of the penalty collected shall be paid
to the treasurer of the county in which the judgment was entered, and one-half to the General Fund. If the action is brought by a district attorney, the penalty collected shall be paid to the treasurer of the county in which the judgment was entered. If the action is brought by a city attorney or city prosecutor, one-half of the penalty shall be paid to the treasurer of the city in which the judgment was entered, and one-half to the treasurer of the county in which the judgment was entered.
civil penalty provider violation Attorney General
Section § 1789.6
This law explains that service providers are still responsible for any mistakes or errors they make while running an online commercial service. This means they can't escape liability even if other regulations exist.
Nothing in this title shall be construed to limit the liability of a provider of service to a consumer for errors or omissions arising from the operation of an electronic commercial service.
provider liability consumer errors electronic service mistakes
Section § 1789.7
This section clarifies that certain California laws don't apply if they conflict with federal laws. It also specifies that these California laws don't apply to issues related to credit cards and electronic transactions when buying goods or services online. Instead, those issues are governed by federal laws like the Fair Credit Billing Act or the Electronic Fund Transfer Act.
(a)CA Civil Law Code § 1789.7(a) This title does not apply where it is inconsistent with, or infringes upon, federal law or regulation.
(b)CA Civil Law Code § 1789.7(b) This title does not apply to the rights and obligations of a cardholder and a card issuer with respect to the use of a credit card arising from the purchase of goods or services conducted through an electronic commercial service. For the purpose of this subdivision, “cardholder,” “card issuer,” and “credit card” have the same meaning as those terms are given in the federal Fair Credit Billing Act (15 U.S.C. Sec. 1601 et seq.) and regulations adopted
thereunder, or, if applicable, the Song-Beverly Credit Card Act of 1971 (Title 1.3 (commencing with Section 1747)).
(c)CA Civil Law Code § 1789.7(c) This title does not apply to the rights and obligations of a consumer and a financial institution with respect to any electronic fund transfer arising from purchase of goods or services conducted through an electronic commercial service. For the purposes of this subdivision, “consumer,” “financial institution,” and “electronic fund transfer” have the same meaning as those terms are given in the Electronic Fund Transfer Act (15 U.S.C. Sec. 1601 et seq.) and regulations adopted thereunder.
inconsistent with federal law credit card transactions electronic commercial service
Section § 1789.8
This law section is about how the rules in this part only apply to transactions that happened on or after July 1, 1985.
This title applies to transactions entered into on or after July 1, 1985.
transactions July 1 1985
Section § 1789.9
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.
waiver public policy void agreements
