20250SB__008294CHP INTRODUCED 2025-01-17 AMENDED_SENATE 2025-02-27 AMENDED_SENATE 2025-03-17 AMENDED_SENATE 2025-04-10 PASSED_ASSEMBLY 2025-09-08 PASSED_SENATE 2025-06-02 ENROLLED 2025-09-10 CHAPTERED 2025-10-06 APPROVED 2025-10-06 FILED 2025-10-06 2025 SB CHP CHP 0 Introduced by Senator Umberg LEAD_AUTHOR SENATE Umberg

An act to add

Section 1670.15 to the Civil Code, relating to contracts. contracts Contracts: consumer goods and services: dispute resolution provisions. Existing law regulates the formation and enforcement of contracts, including imposing certain restrictions on the terms of a contract for the sale or lease of consumer goods or services. In this regard, existing law prohibits a provision waiving the consumer’s right to make any statement regarding the seller, lessor, or its employees or agents, or concerning the goods or services.

Existing law also prohibits a consumer service contract from limiting a consumer’s ability to file a complaint with a licensing board that regulates the consumer service provider or to participate in the board’s investigation into the consumer service provider, as specified. This bill would, for a consumer use agreement, limit the dispute resolution terms and conditions to the use, payment, or provision of the good, service, money, or credit provided by the consumer use agreement.

The bill would make a waiver of these provisions void and unenforceable, as provided, and would require that the provisions be liberally construed for the purpose of protecting consumers. The bill would provide that the duties and obligations it imposes are cumulative with, and do not limit or expand, duties and obligations imposed under any other law, and do not limit any rights or remedies under any other law. The bill would define terms for purposes of these provisions. MAJORITY NO NO NO NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION

Section 1670.15 is added to the Civil Code , to read: 1670.15. (

a) As used in this section, the following

definitions shall apply: (1) “Consumer” has the same meaning as defined in subdivision (

c) of

Section of the Business and Professions Code. (2) “Consumer use agreement” means a contract between a person and a consumer that the consumer enters into in order to use, receive, or otherwise enjoy a good, service, money, or credit. (3) “Person” has the same meaning as defined in subdivision (

d) of

Section of the Business and Professions Code. (

b) Dispute resolution terms and conditions of a consumer use agreement shall be limited to the use, payment, or provision of the good, service, money, or credit provided by that consumer use agreement. (

c) A waiver of the provisions of this

section is contrary to public policy and void and unenforceable. (

d) This

section shall be liberally construed for the purpose of protecting consumers. (

e) The duties and obligations imposed by this

section are cumulative with duties or obligations imposed under any other law, shall not be construed to relieve any party from any duties or obligations imposed under any other law, and do not limit any rights or remedies under any other law.