Bill Text: CA AB2185 | 2009-2010 | Regular Session | Amended

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Bill Title: Gift certificates.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2010-05-04 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2185 Detail]

Download: California-2009-AB2185-Amended.html

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BILL NUMBER: AB 2185	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 5, 2010

INTRODUCED BY   Assembly Member  Bradford   Lieu


                        FEBRUARY 18, 2010

    An act to amend Section 1786.22 of the Civil Code,
relating to consumer information.   An act to add
Sections 1749.55 and 1749.56 to the Civil Code, relating to gift
certificates. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2185, as amended,  Bradford   Lieu  .
 Investigative consumer reporting agencies.  
Gift certificates.  
   Existing law prohibits the sale of any gift certificate that
contains an expiration date or service fee. Existing law excepts from
those provisions specified gift certificates, including, but not
limited to, those that are distributed by the issuer to a consumer
pursuant to an award, loyalty, or promotional program without any
money or other thing of value being given in exchange for the gift
certificate by the consumer, as specified. Gift certificate is
defined for these purposes to include gift cards, but does not
include any gift card usable with multiple sellers of goods or
services, as specified.  
   This bill would prohibit a retailer from advertising as a gift
certificate or gift card any promotional item, award, or loyalty that
does not comply with the laws pertaining to gift certificates. The
bill would require any of those items resembling a gift certificate
or gift card to include on the front of the item the terms and
conditions of use as well as a notice in 10-point boldface type that
the item is not a gift certificate or gift card. The bill also would
prohibit the sale of a gift card usable with multiple sellers of
goods or services that requires a service fee, including, but not
limited to, a service fee for activation, application, installation,
or dormancy.  
   Existing law requires every investigative consumer reporting
agency to allow a consumer, upon request and proper identification,
to visually inspect all files maintained regarding the consumer at
the time of the request. The agency is required to supply the files
and specified information during normal business hours and on
reasonable notice, as provided, and to provide trained personnel to
explain any information furnished to the consumer.  

   This bill would make technical, nonsubstantive changes to these
provisions. 
   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 1749.55 is a   dded to
the   Civil Code   ,  immediately following
Section 1749.5  , to read:  
   1749.55.  It is unlawful for a retailer to advertise as a gift
certificate or gift card any promotional item, award, or loyalty that
does not comply with the requirements of Sections 1749.5 and 1749.6
and any other existing laws or regulations pertaining to gift
certificates or gift cards. Any of those items resembling a gift
certificate or gift card shall meet the following requirements:
   (a) The front of the item shall disclose the terms and conditions
of use.
   (b) The front of the item shall contain a notice printed in
10-point boldface type that it is not a gift certificate or gift
card. 
   SEC. 2.    Section 1749.56 is added to the  
Civil Code   , to read:  
   1749.56.  It is unlawful for any person or entity to sell a gift
card usable with multiple sellers of goods or services that requires
a service fee, including, but not limited to, a service fee for
activation, application, installation, or dormancy.  
  SECTION 1.    Section 1786.22 of the Civil Code is
amended to read:
   1786.22.  (a) An investigative consumer reporting agency shall
supply files and information required under Section 1786.10 during
normal business hours and on reasonable notice.
   (b) Files maintained on a consumer shall be made available for the
consumer's visual inspection, as follows:
   (1) In person, if the consumer appears in person and furnishes
proper identification. A copy of his or her file shall also be
available to the consumer for a fee not to exceed the actual costs of
the duplication services provided.
   (2) By certified mail, if he or she makes a written request, with
proper identification, for copies to be sent to a specified
addressee. Investigative consumer reporting agencies complying with
requests for certified mailings under this section shall not be
liable for disclosures to third parties caused by mishandling of mail
after those mailings leave the investigative consumer reporting
agencies.
   (3) A summary of all information contained in files on a consumer
and required to be provided by Section 1786.10 shall be provided by
telephone, if the consumer has made a written request, with proper
identification for telephone disclosure, and the toll charge, if any,
for the telephone call is prepaid by or charged directly to the
consumer.
   (c) The term "proper identification," as used in subdivision (b),
means that information generally deemed sufficient to identify a
person. That information includes documents such as a valid driver's
license, social security account number, military identification
card, and credit cards. Only if the consumer is unable to reasonably
identify himself or herself with the information described above, may
an investigative consumer reporting agency require additional
information concerning the consumer's employment and personal or
family history in order to verify his or her identity.
   (d) The investigative consumer reporting agency shall provide
trained personnel to explain any information furnished to the
consumer pursuant to Section 1786.10.
   (e) The investigative consumer reporting agency shall provide a
written explanation of any coded information contained in files
maintained on a consumer. This written explanation shall be
distributed whenever a file is provided to a consumer for visual
inspection as required under Section 1786.22.
   (f) The consumer shall be permitted to be accompanied by one other
person of his or her choosing, who shall furnish reasonable
identification. An investigative consumer reporting agency may
require the consumer to furnish a written statement granting
permission to the consumer reporting agency to discuss the consumer's
file in that other person's presence.