Bill Text: CA AB1871 | 2021-2022 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Vehicle history reports.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2022-09-30 - Chaptered by Secretary of State - Chapter 863, Statutes of 2022. [AB1871 Detail]

Download: California-2021-AB1871-Amended.html

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Amended  IN  Assembly  March 24, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 1871

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Introduced by Assembly Member Calderon

February 08, 2022

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An act to amend Section 3287 of add Title 1.5A (commencing with Section 1784.1) to Part 4 of Division 3 of the Civil Code, relating to judgments. civil law.

LEGISLATIVE COUNSEL'S DIGEST

AB 1871, as amended, Calderon. Damages: interest. Vehicle history reports: source information: damages.

Existing law, with certain exceptions, prohibits a dealer from displaying or offering for sale at retail a used vehicle unless the dealer first obtains a vehicle history report from the National Motor Vehicle Title Information System (NMVTIS). Existing law authorizes the NMVTIS data provider to include in the vehicle history report additional history information obtained from resources other than NMVTIS, as specified.

This bill would require a vehicle history report, as defined, to clearly and accurately identify the source of each item included in the report, as specified. The bill would authorize a person to bring a cause of action for receipt of a vehicle history report that does not comply with these requirements and would authorize the person to obtain relief, as specified. The bill would declare any attempted waiver of these provisions void as contrary to public policy.

Existing law provides that a person who is entitled to recover damages certain, or capable of being made certain by calculation, and in whom the right to recover those damages vested on a particular day is also entitled to collect interest on the damages from that day, except as prescribed.

This bill would make nonsubstantive changes to that provision.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Title 1.5A (commencing with Section 1784.1) is added to Part 4 of Division 3 of the Civil Code, to read:

TITLE 1.5A. Vehicle History Reports

1784.1.

 (a) For purposes of this section, the following definitions apply:

(1) “Vehicle” has the same meaning as in Section 670 of the Vehicle Code.

(2) “Vehicle history database” means a database from which a person may obtain vehicle history information specific to a vehicle identification number (VIN).

(3) “Vehicle history information” includes, but is not limited to, any of the following related to a vehicle:

(A) Accident or damage information.

(B) The number of previous owners.

(C) Information regarding service or maintenance history.

(D) Odometer reading.

(4) “Vehicle history report” means any written or electronic communication of vehicle history information made by a vehicle history database provider.

(b) (1) Every vehicle history report shall clearly and accurately disclose the source for each item of vehicle history information it contains, including, for each source, all of the following:

(A) Name.

(B) Mailing address.

(C) Telephone number.

(D) Email address, if available to the vehicle history report provider.

(2) “Source,” for purposes of this subdivision, includes each intermediate provider of information, including, but not limited to, any aggregator or reseller of information, between the original source and the vehicle history report provider.

(3) Mere provision of physical address, mailing address, telephone number, email address, internet address, QR code, or other method by which a person can request or obtain the source information required by paragraph (1) is insufficient to comply with the requirements of this subdivision.

(4) Mere listing of sources of vehicle history information without clearly and accurately identifying the source or sources that correspond to each item of vehicle history information is insufficient to comply with the requirements of this subdivision.

(c) (1) Any person who obtains a vehicle history report that fails to comply with subdivision (b) may bring a cause of action against the vehicle history report provider that communicated the report in order to recover any the following:

(A) The greater of the following:

(i) Any actual damages sustained by the person as a result of the violation.

(ii) Statutory damages of one thousand dollars ($1,000) per violation.

(B) An order directing the vehicle history report provider to correct the violation.

(C) Any other relief that the court deems proper.

(2) In the case of any successful cause of action under this subdivision, the court shall award costs of the action and reasonable attorney’s fees, as determined by the court.

(d) Any attempted waiver of the provisions of this section is contrary to public policy, and is void and unenforceable.

SECTION 1.Section 3287 of the Civil Code is amended to read:

3287.

(a)A person who is entitled to recover damages certain, or capable of being made certain by calculation, and the right to recover that is vested in the person upon a particular day, is entitled also to recover interest thereon from that day, except when the debtor is prevented by law, or by the act of the creditor from paying the debt. This section is applicable to recovery of damages and interest from a debtor, including the state or any county, city, city and county, municipal corporation, public district, public agency, or any political subdivision of the state.

(b)A person who is entitled under a judgment to receive damages based upon a cause of action in contract where the claim was unliquidated, may also recover interest thereon from a date before the entry of judgment as the court may, in its discretion, fix, but in no event earlier than the date the action was filed.

(c)Unless another statute provides a different interest rate, in a tax or fee claim against a public entity that results in a judgment against the public entity, interest shall accrue at a rate equal to the weekly average one year constant maturity United States Treasury yield but shall not exceed 7 percent per annum. That rate shall control until the judgment becomes enforceable under Section 965.5 or 970.1 of the Government Code, at which time interest shall accrue at an annual rate equal to the weekly average one year constant maturity United States Treasury yield at the time of the judgment plus 2 percent but shall not exceed 7 percent per annum.