California Legislature—2013–14 Regular Session

Assembly Bill No. 802

Introduced by Assembly Member Wieckowski

February 21, 2013

An act to amend Section 1281.96 of the Code of Civil Procedure, relating to consumer arbitration.

LEGISLATIVE COUNSEL’S DIGEST

AB 802, as introduced, Wieckowski. Private arbitration companies: disclosures.

Existing law regulates arbitration conducted pursuant to an arbitration agreement, as specified. Existing law requires a private arbitration company involved in consumer arbitration cases to collect and make certain information regarding those cases available to the public in a computer-searchable format, accessible at the Internet Web site of the private arbitration company, if it has an Internet Web site, and on paper upon request.

This bill would require that information, made available to the public in a computer-searchable format on a private arbitration company’s Internet Web site, to also be available in a sortable database format.

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 1281.96 of the Code of Civil Procedure
is amended to read:

1281.96.  

(a) Except as provided in paragraph (2) of subdivision
(b), begin delete any end delete begin insert a end insert private arbitration company that administers or is
otherwise involved in, a consumer arbitration, shall collect, publish
at least quarterly, and make available to the public in a
computer-searchable begin insert and sortable database end insert format, which shall
be accessible at the Internet Web site begin insert , if any, end insert of the private
arbitration begin delete company, if any, end delete begin insert company end insert and on paper upon request,
all of the following information regarding each consumer
arbitration within the preceding five years:

(1) The name of the nonconsumer party, if the nonconsumer
party is a corporation or other business entity.

(2) The type of dispute involved, including goods, banking,
insurance, health care, employment, and, if it involves employment,
the amount of the employee’s annual wage divided into the
following ranges: less than one hundred thousand dollars
($100,000), one hundred thousand dollars ($100,000) to two
hundred fifty thousand dollars ($250,000), inclusive, and over two
hundred fifty thousand dollars ($250,000).

(3) Whether the consumer or nonconsumer party was the
prevailing party.

(4) On how many occasions, if any, the nonconsumer party has
previously been a party in an arbitration or mediation administered
by the private arbitration company.

(5) Whether the consumer party was represented by an attorney.

(6) The date the private arbitration company received the
demand for arbitration, the date the arbitrator was appointed, and
the date of disposition by the arbitrator or private arbitration
company.

(7) The type of disposition of the dispute, if known, including
withdrawal, abandonment, settlement, award after hearing, award
without hearing, default, or dismissal without hearing.

(8) The amount of the claim, the amount of the award, and any
other relief granted, if any.

(9) The name of the arbitrator, his or her total fee for the case,
and the percentage of the arbitrator’s fee allocated to each party.

(b) (1) If the information required by subdivision (a) is provided
by the private arbitration company in a computer-searchable begin insert and
sortable database end insert format at the company’s Internet Web site and
may be downloaded without begin delete any end delete begin insert a end insert fee, the company may charge
the actual cost of copying to any person who requests the
information on paper. If the information required by subdivision
(a) is not accessible by the Internet, the company shall provide
that information without charge to any person who requests the
information on paper.

(2) Notwithstanding paragraph (1), a private arbitration company
that receives funding pursuant to Chapter 8 (commencing with
Section 465) of Division 1 of the Business and Professions begin delete Code, end delete
begin insert Code end insert and that administers or conducts fewer than 50 consumer
arbitrations per year may collect and publish the information
required by subdivision (a) semiannually, provide the information
only on paper, and charge the actual cost of copying.

(c) This section shall apply to any consumer arbitration
commenced on or after January 1, 2003.

(d)  begin delete No end delete begin insert A end insert private arbitration company shall begin insert not end insert have any liability
for collecting, publishing, or distributing the information required
by this section.