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

California Assembly Bill 1871 (Prior Session Legislation)

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

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

Amended IN Assembly April 21, 2022

Amended IN Assembly March 24, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 1871

Introduced by Assembly Member Calderon

February 08, 2022

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

LEGISLATIVE COUNSEL'S DIGEST

AB 1871, as amended, Calderon. 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.

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

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) “Affiliate” means any person or persons controlling, controlled by, or under common control with, other persons.
(2) “Dealer” has the same meaning as in Section 285 of the Vehicle Code.
~~(1)~~

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

~~(2)~~

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

(5) “Vehicle history database provider” does not include a dealer that obtains a vehicle history report from a third party that is not an affiliate of the dealer and then communicates the vehicle history report without altering the vehicle history information therein.
~~(3)~~

(6) “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.

(D) Odometer reading.

~~(4)~~

(7) “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. If an entity is providing the information, then the name of the entity and not of a natural person who is an employee or agent of the entity. If a natural person is providing the information in their individual capacity, then the name of the natural person.

(B) Mailing address.

(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.

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

(2) Any agreement obtained by a vehicle history database provider to secure defense or indemnification from a third party related to a violation of this section shall be void and unenforceable, unless the third party altered vehicle history information in the vehicle history report that is the basis of an action.
(e) This section does not relieve any party of its responsibilities under Section 11713.26 of the Vehicle Code. To the extent that a provision of this section conflicts with Section 11713.26 of the Vehicle Code, Section 11713.26 of the Vehicle Code shall control.