SECTIONS 1789-1789.9 - California Statutes

CIVIL CODE

SECTION 1789-1789.9

1789. 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.

1789.1. This title may be cited as "The Electronic Commerce Act of
1984."

1789.2. For the purposes of this title, the following terms have
the meanings expressed in this section:
(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) "Consumer" means a natural person who purchases goods or
services using an electronic commercial service.
(c) "Provider of service" means a person who contracts with
consumers to provide an electronic commercial service.
(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.

1789.3. 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) The name, address, and telephone number of the provider of
service.
(b) Any charges to the consumer imposed by the provider for the
use of the service.
(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.

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) 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.

1789.6. 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.

1789.7. (a) This title does not apply where it is inconsistent
with, or infringes upon, federal law or regulation.
(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) 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.

1789.8. This title applies to transactions entered into on or after
July 1, 1985.

1789.9. Any waiver of the provisions of this title is contrary to
public policy, and is void and unenforceable.