BILL NUMBER: AB 2331 CHAPTERED 09/23/02 CHAPTER 815 FILED WITH SECRETARY OF STATE SEPTEMBER 23, 2002 APPROVED BY GOVERNOR SEPTEMBER 23, 2002 PASSED THE SENATE AUGUST 14, 2002 PASSED THE ASSEMBLY MAY 6, 2002 INTRODUCED BY Assembly Member Wayne FEBRUARY 21, 2002 An act to add Sections 1747.04, 1748.14, 1748.23, 1748.32, 1749.51, 1749.66, 1785.36, 1785.44, 1786.57, 1787.4, 1788.33, 1789.9, 1789.38, 1798.83, 1798.86, 1799.6, 1799.85, 1799.104, 1799.207, 1812.316, and 1812.609 to the Civil Code, relating to waivers. LEGISLATIVE COUNSEL'S DIGEST AB 2331, Wayne. Waivers: obligations: consumers. Existing law, the Song-Beverly Credit Card Act and federal law, regulates the use of credit cards, as specified. The Areias Credit Card Full Disclosure Act and the Areias-Robbins Charge Card Full Disclosure Act of 1986, requires specified credit card applications and solicitations to disclose certain information. Existing law limits a debit cardholder's liability for the unauthorized use of the card. Existing law prohibits the sale of gift certificates that contain an expiration date. The Supermarket Club Card Disclosure Act of 1999, regulates the terms and conditions of issuing and using supermarket club cards. Existing law, the Consumer Credit Reporting Agencies Act, regulates the activities of consumer credit reporting agencies and the provision of consumer credit report information. Existing law excepts from these provisions and otherwise regulates the activities of commercial credit reporting agencies. The Investigative Consumer Reporting Agencies Act, regulates the activities of investigative consumer reporting agencies and the provision of investigative consumer credit report information. The Holden Credit Denial Disclosure Act of 1976, requires a creditor to provide an applicant who is denied credit a specified statement. Existing law, the Rosenthal Fair Debt Collection Practices Act, regulates the activities of debt collectors. The Electronic Commerce Act of 1984 requires an electronic commercial service provider to provide certain information to consumers. Existing law also regulates the activities of check cashers, and a violation of these provisions are, under specified conditions, a misdemeanor. Existing law requires a business to destroy certain customer records, as specified. Existing law prohibits a person or entity from using or displaying a person's social security number, as specified. Existing law prohibits certain loans from requiring the payment of precomputed interest in specified circumstances. Existing law prohibits certain contracts from requiring the payment of a precomputed finance charge in specified circumstances. Existing law regulates the terms and conditions of consumer credit contracts. The Consumer Contract Awareness Act of 1990 requires a seller to deliver a copy of a consumer contract at the time it is signed at a seller's place of business, except as specified, and regulates the terms of the contract. Existing law regulates the terms and conditions of membership camping contracts. Existing law regulates the activities of auctioneer and auction companies, and a violation of these provisions are a misdemeanor. This bill would make a waiver of any of the provisions described above contrary to public policy, void, and unenforceable. The bill, by changing the definition of an existing crime, would impose a state-mandated local program. The bill would also make a statement of legislative findings and declarations. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares all of the following: (a) This act is declaratory of existing law. (b) This act may not be applied or construed to alter or diminish the principle expressed in Section 3513 of the Civil Code that a law established for a public reason cannot be contravened by a private agreement. SEC. 2. Section 1747.04 is added to the Civil Code, to read: 1747.04. Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable. SEC. 3. Section 1748.14 is added to the Civil Code, to read: 1748.14. Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable. SEC. 4. Section 1748.23 is added to the Civil Code, to read: 1748.23. Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable. SEC. 5. Section 1748.32 is added to the Civil Code, to read: 1748.32. Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable. SEC. 6. Section 1749.51 is added to the Civil Code, to read: 1749.51. Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable. SEC. 7. Section 1749.66 is added to the Civil Code, to read: 1749.66. Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable. SEC. 8. Section 1785.36 is added to the Civil Code, to read: 1785.36. Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable. SEC. 9. Section 1785.44 is added to the Civil Code, to read: 1785.44. Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable. SEC. 10. Section 1786.57 is added to the Civil Code, to read: 1786.57. Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable. SEC. 11. Section 1787.4 is added to the Civil Code, to read: 1787.4. Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable. SEC. 12. Section 1788.33 is added to the Civil Code, to read: 1788.33. Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable. SEC. 13. Section 1789.9 is added to the Civil Code, to read: 1789.9. Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable. SEC. 14. Section 1789.38 is added to the Civil Code, to read: 1789.38. Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable. SEC. 15. Section 1798.83 is added to the Civil Code, to read: 1798.83. Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable. SEC. 16. Section 1798.86 is added to the Civil Code, to read: 1798.86. Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable. SEC. 17. Section 1799.6 is added to the Civil Code, to read: 1799.6. Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable. SEC. 18. Section 1799.85 is added to the Civil Code, to read: 1799.85. Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable. SEC. 19. Section 1799.104 is added to the Civil Code, to read: 1799.104. Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable. SEC. 20. Section 1799.207 is added to the Civil Code, to read: 1799.207. Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable. SEC. 21. Section 1812.316 is added to the Civil Code, to read: 1812.316. Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable. SEC. 22. Section 1812.609 is added to the Civil Code, to read: 1812.609. Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable. SEC. 23. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.