BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1097


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          1097 (Holden)


          As Amended  September 4, 2015


          Majority vote


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          Original Committee Reference:  B. & P.


          SUMMARY:  Authorizes contracts for services or other activities  
          authorized by the Alarm Company Act relating to installation  
          agreements to be conducted by electronic means only after  
          receiving consent from the consumer.   


          The Senate amendments:


          1)Specify that only contracts for services or other activities  
            authorized by the Alarm Company Act relating to installation  
            agreements for alarm systems may be conducted by electronic  
            means. 


          2)Require a licensee to provide an identical paper copy of the  
            signed electronic contract for services upon request of the  
            contracting consumer.








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          3)Add double jointing language to address chaptering out issues  
            with AB 1131 (Dababneh) of the current legislative session. 


          4)Make other technical and conforming amendments. 


          FISCAL EFFECT:  None.  This bill is keyed non-fiscal by the  
          Legislative Counsel.


          COMMENTS:


          Purpose.  This bill is sponsored by ADT Security Services.   
          According to the author, "Although most businesses and  
          individuals selling alarm systems are legitimate, some use  
          deceptive tactics as a core component of their sales practices  
          and often target the elderly, coercing them into signing various  
          contracts with different companies.  With paper contracts, it is  
          virtually impossible to know who signed a contract, when they  
          signed, and whether or not copies of the contract and notice of  
          cancellation were actually delivered.  With e-contracts,  
          however, it is possible to see when the actual customer logged  
          into the e-contract system, reviewed and signed the contract,  
          and exactly when and whether the contract and notices were  
          electronically delivered to the customer.  


          "Since 1999, technology has advanced to such a degree that  
          electronic contracts can now offer consumer protection measures  
          that exceed those of traditional paper contracts.  Therefore, at  
          the discretion of the customer, AB 1097 would allow alarm  
          companies in the state to fully utilize electronic contracts.   
          These improvements will benefit California consumers, the  
          environment and the state agencies tasked with enforcing  
          consumer protection laws." 


          Background.  In 1999, California adopted the Uniform Electronic  








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          Transactions Act (UETA) UETA, which gave electronic contracts  
          (e-contracts) and signatures the same legal standing as  
          traditional paper contracts.  In an effort to further protect  
          consumers, the state excluded in-home sales from the UETA, which  
          means that in-home sales vendors were required to continue  
          leaving a paper copy of the contract and two copies of the  
          notice of three-day right of rescission with the consumer at the  
          time of sale.


          With the advancement in technology, traditional paper contracts  
          are nearly obsolete.  E-contracts which offer added consumer  
          protection properties are a viable solution to replace paper  
          contracts.  E-contracts are reproducible, and metadata showing  
          when the contract and other documents were signed, emailed, and  
          even opened, can be subpoenaed, whereas paper contracts are  
          easily misplaced and can be damaged over time.  In addition,  
          many in-home vendors use tablet devices to help assess customer  
          needs and discuss contract terms.  The author asserts that using  
          such tablets to contract with customers would reduce  
          environmental impact and preserve an electronic copy of the  
          document for future reference, which could be emailed to  
          customers for their own files, thereby providing greater  
          transparency into the contracting process.


          Analysis Prepared by:                                             
                          Eunie Linden / B. & P. / (916) 319-3301  FN:  
          0002294