Bill Text: CA AB1061 | 2011-2012 | Regular Session | Introduced
Bill Title: Consumer warranties: vehicles.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1061 Detail]
Download: California-2011-AB1061-Introduced.html
BILL NUMBER: AB 1061 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Eng
FEBRUARY 18, 2011
An act to amend Section 1793.1 of the Civil Code, relating to
consumer warranties.
LEGISLATIVE COUNSEL'S DIGEST
AB 1061, as introduced, Eng. Consumer warranties: vehicles.
Existing law, the Song-Beverly Consumer Warranty Act, requires
every manufacturer, distributor, or retailer making express
warranties with respect to consumer goods to fully set forth those
warranties in simple and readily understood language, and to clearly
identify the party making the express warranties, as specified.
This bill would require every manufacturer, distributor, or
retailer making express warranties with respect to a new vehicle also
to fully set forth, in simple and readily understood language, a
detailed list of items that are not covered under the warranty.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1793.1 of the Civil Code is amended to read:
1793.1. (a) (1) Every manufacturer, distributor, or retailer
making express warranties with respect to consumer goods shall fully
set forth those warranties in simple and readily understood language,
which shall clearly identify the party making the express
warranties, and which shall conform to the federal standards for
disclosure of warranty terms and conditions set forth in the federal
Magnuson-Moss Warranty-Federal Trade Commission Improvement Act (15
U.S.C. Sec. 2301 et seq.), and in the regulations of the Federal
Trade Commission adopted pursuant to the provisions of that act. If
the manufacturer, distributor, or retailer provides a warranty or
product registration card or form, or an electronic online warranty
or product registration form, to be completed and returned by the
consumer, the card or form shall contain statements, each displayed
in a clear and conspicuous manner, that do all of the following:
(A) Informs the consumer that the card or form is for product
registration.
(B) Informs the consumer that failure to complete and return the
card or form does not diminish his or her warranty rights.
(2) Every work order or repair invoice for warranty repairs or
service shall clearly and conspicuously incorporate in 10-point
boldface type the following statement either on the face of the work
order or repair invoice, or on the reverse side, or on an attachment
to the work order or repair invoice: "A buyer of this product in
California has the right to have this product serviced or repaired
during the warranty period. The warranty period will be extended for
the number of whole days that the product has been out of the buyer's
hands for warranty repairs. If a defect exists within the warranty
period, the warranty will not expire until the defect has been fixed.
The warranty period will also be extended if the warranty repairs
have not been performed due to delays caused by circumstances beyond
the control of the buyer, or if the warranty repairs did not remedy
the defect and the buyer notifies the manufacturer or seller of the
failure of the repairs within 60 days after they were completed. If,
after a reasonable number of attempts, the defect has not been fixed,
the buyer may return this product for a replacement or a refund
subject, in either case, to deduction of a reasonable charge for
usage. This time extension does not affect the protections or
remedies the buyer has under other laws."
If the required notice is placed on the reverse side of the work
order or repair invoice, the face of the work order or repair invoice
shall include the following notice in 10-point boldface type:
"Notice to Consumer: Please read important information on back."
A copy of the work order or repair invoice and any attachment
shall be presented to the buyer at the time that warranty service or
repairs are made.
(3) In addition to the requirements specified in paragraph (1),
every manufacturer, distributor, or retailer making express
warranties with respect to a new vehicle shall fully set forth, in
simple and readily understood language, a detailed list of items that
are not covered under the warranty.
(b) No warranty or product registration card or form, or an
electronic online warranty or product registration form, may be
labeled as a warranty registration or a warranty confirmation.
(c) The requirements imposed by this section on the distribution
of any warranty or product registration card or form, or an
electronic online warranty or product registration form, shall become
effective on January 1, 2004.
(d) This section does not apply to any warranty or product
registration card or form that was printed prior to January 1, 2004,
and was shipped or included with a product that was placed in the
stream of commerce prior to January 1, 2004.
(e) Every manufacturer, distributor, or retailer making express
warranties and who elects to maintain service and repair facilities
within this state pursuant to this chapter shall perform one or more
of the following:
(1) At the time of sale, provide the buyer with the name and
address of each service and repair facility within this state.
(2) At the time of the sale, provide the buyer with the name and
address and telephone number of a service and repair facility central
directory within this state, or the toll-free telephone number of a
service and repair facility central directory outside this state. It
shall be the duty of the central directory to provide, upon inquiry,
the name and address of the authorized service and repair facility
nearest the buyer.
(3) Maintain at the premises of retail sellers of the warrantor's
consumer goods a current listing of the warrantor's authorized
service and repair facilities, or retail sellers to whom the consumer
goods are to be returned for service and repair, whichever is
applicable, within this state. It shall be the duty of every retail
seller provided with that listing to provide, on inquiry, the name,
address, and telephone number of the nearest authorized service and
repair facility, or the retail seller to whom the consumer goods are
to be returned for service and repair, whichever is applicable.
