SECTIONS 1799.200-1799.207 - California Statutes

CIVIL CODE

SECTION 1799.200-1799.207

1799.200. This title shall be known and may be cited as the
Consumer Contract Awareness Act of 1990.

1799.201. As used in this title:
(a) "Consumer" means a natural person who has entered into a
consumer contract with a seller.
(b) "Consumer contract" means a writing prepared by a seller and,
except as provided in subdivision (c) of Section 1799.202, signed, or
to be signed, by a consumer, which provides (1) for the sale or
lease of goods or services that are purchased or leased primarily for
personal, family, or household purposes, or (2) for extension of
credit, the proceeds of which are used primarily for personal,
family, or household purposes. Without affecting the enforceability
of any incidental provision contained therein, an application for
credit shall not be considered to be a consumer contract for purposes
of this section even if it contains incidental provisions, such as
the consumer's consent to a credit review, a certification of the
accuracy of the information furnished, or the consumer's agreement to
the terms that will be furnished to the consumer pursuant to this
title.
(c) "Consumer contract guaranty" means a writing prepared by a
seller and signed, or to be signed, by a guarantor which guarantees
the obligation of a consumer under a consumer contract.
(d) "Copy" means a reproduction, facsimile, or duplicate.
(e) "Days" means calendar days.
(f) "Goods" means tangible and intangible personal property.
(g) "Guarantor" means a person who guarantees the obligation of a
consumer under a consumer contract by signing a consumer contract
guaranty.
(h) "Seller" means a person who has entered into a consumer
contract with a consumer.
(i) "Services" means work, labor, and services, including
depository services and other banking services.
(j) "Financial institution" means any commercial bank, trust
company, savings and loan association, credit union, industrial loan
company, insurance company, or person engaged in the business of
lending money.

1799.202. (a) Except as otherwise provided in this title, a seller
shall deliver a copy of a consumer contract to the consumer at the
time it is signed by the consumer if the consumer contract is signed
at a place of business of the seller. If the consumer contract is not
signed by the consumer at a place of business of the seller, and the
seller has not provided a copy of the consumer contract for the
consumer which the consumer is instructed to keep, the seller shall
mail or deliver a copy of it to the consumer within 10 calendar days
after the seller receives the signed consumer contract. In any case,
the copy of the contract provided to the consumer shall not contain
any blank spaces to be completed after the consumer signs the
contract, shall contain the signature of the seller if it provides
for that signature, and may also contain the signature of the
consumer.
(b) A seller that is a financial institution need not deliver to
the consumer, pursuant to subdivision (a), any writing which the
consumer contract incorporates by reference if either of the
following conditions apply:
(1) The writing was previously delivered or mailed to the
consumer.
(2) The writing was not prepared by the seller.
(c) If the consumer contract (1) is wholly or partly contained on
a card or other writing which is used to identify the consumer in
connection with a deposit account, safe deposit box, safekeeping
agreement, or other service offered by a financial institution, and
(2) contains information particular to the consumer's account, box,
or other arrangement that, if known by a third party, could be used
by the third party to cause loss to the consumer or financial
institution, the copy of the contract furnished to the consumer need
not contain the consumer's signature or any of the identifying
information particular to the consumer's account, box, or other
arrangement.
For purposes of this subdivision, a document which includes the
same terms as those contained in the consumer contract shall be
deemed a copy.
(d) Within a reasonable time after receipt of a written request
from a consumer, a seller or financial institution shall mail a copy
of the consumer's completed consumer credit application, which may,
but need not, contain any information completed or added by the
seller or financial institution, to the consumer at the address
indicated on the request. By making a written request, the consumer
shall conclusively be deemed to have waived any action against the
seller or financial institution, as well as its employees or agents,
on any theory, at law or in equity, arising directly or indirectly
out of the mailing or other delivery of the copy, including any
information added to the application by the seller or financial
institution and included in the copy. The seller or financial
institution may specify the address to which such a request may be
sent, may charge the consumer a reasonable copying fee, and shall not
be obligated to provide the copy until the fee is paid.

1799.203. (a) It shall be deemed compliance with Section 1799.202
if a copy of any consumer contract which is subject to Article 10
(commencing with Section 1810.1) of Chapter 1 of Title 2, or which is
an open-end consumer credit plan subject to Section 127 of the
federal Truth in Lending Act (15 U.S.C. 1637), is delivered or mailed
to the consumer before the consumer enters into a transaction
covered and permitted by the consumer contract.
(b) Section 1799.202 does not apply to any of the following:
(1) A consumer contract for the purchase of goods by mail if the
seller permits the consumer to examine the goods for seven calendar
days and cancel the consumer contract and receive a full refund
within 30 calendar days for returned unused and undamaged goods.
(2) A written contract created by, and consisting of, an exchange
of letters by mail.
(3) Any consumer contract which is required to be mailed or
delivered at a time prescribed by another law of this state or the
United States.

1799.204. If more than one consumer has signed a consumer contact,
the seller may comply with Section 1799.202 by mailing or delivering
the copy to any one of the consumers who reside at the same address.
A copy shall also be mailed or delivered to any other consumer who
has signed the consumer contract and who does not reside at the same
address.

1799.205. (a) A seller who fails to comply with Section 1799.202 is
liable to the consumer for any actual damages suffered by the
consumer as the result of that failure. The remedy provided by this
subdivision is nonexclusive and is in addition to any other remedies
or penalties available under other laws of this state.
(b) Failure to comply with Section 1799.202 does not create an
independent basis for the rescission, but is admissible to establish
a basis for the rescission of the contract otherwise authorized by
law.

1799.206. (a) Except as otherwise provided in this section, a
seller shall deliver a copy of the consumer contract guaranty to the
guarantor at the time the consumer contract guaranty is signed by the
guarantor if the consumer contract guaranty is signed by the
guarantor at a place of business of the seller. If the consumer
contract guaranty is not signed by the guarantor at a place of
business of the seller, and the seller has not provided a copy of the
consumer contract guaranty for the guarantor which the guarantor is
able to keep, the seller shall mail or deliver a copy of the consumer
contract guaranty to the guarantor within 10 calendar days after the
seller receives the signed consumer contract guaranty. In any case,
the copy of the consumer contract guaranty provided to the guarantor
shall not contain any blank spaces to be completed after the
guarantor signs the guaranty, shall contain the signature of the
seller if it provides for that signature, and may also contain the
signature of the guarantor.
(b) If more than one guarantor has signed the consumer contract
guaranty, the seller may comply with subdivision (a) by mailing or
delivering the copy to any one of the guarantors who reside at the
same address. A copy shall also be mailed or delivered to any
guarantor who has signed the consumer contract guaranty and who does
not reside at the same address.
(c) A seller that fails to comply with this section is liable to
the guarantor for any actual damages suffered by the guarantor as the
result of that failure. The remedy provided by this subdivision is
nonexclusive and in addition to any other remedies or penalties
available under other laws of this state.
(d) Failure to comply with this section does not create a new
basis for rescission, but is admissible to establish a basis for
rescission of the consumer contract guaranty otherwise authorized by
law.

1799.207. Any waiver of the provisions of this title is contrary to
public policy, and is void and unenforceable.