Senate BillNo. 729


Introduced by Senator Wieckowski

February 27, 2015


An act to amend Section 326 of the Business and Professions Code, relating to consumer complaints.

LEGISLATIVE COUNSEL’S DIGEST

SB 729, as introduced, Wieckowski. Consumer complaints.

The Consumer Affairs Act requires the Director of the Department of Consumer Affairs to administer and enforce that act to protect and promote the interests of consumers regarding the purchase of goods or services. The director, upon receipt of a consumer complaint relating to specified violations, is required to forward any valid complaint to the local, state, or federal agency whose authority provides the most effective means to secure the relief. The act requires the director to advise the consumer of the action taken on the complaint, as appropriate, and of any other means that may be available to the consumer to secure relief.

This bill would make nonsubstantive changes to those consumer complaint provisions.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 326 of the Business and Professions Code
2 is amended to read:

3

326.  

(a) Upon receipt ofbegin delete anyend deletebegin insert aend insert complaint pursuant to Section
4325, the director may notify the person against whom the complaint
P2    1is made of the nature of the complaint and may request appropriate
2relief for the consumer.

3(b) begin insert(1)end insertbegin insertend insert The director shall also transmit any valid complaint to
4the local,begin delete stateend deletebegin insert state,end insert or federal agency whose authority provides
5the most effective means to secure the relief.

begin delete

6 The

end delete

7begin insert(2)end insertbegin insertend insertbegin insertTheend insert director shall, if appropriate, advise the consumer of
8the action taken on the complaint and of any other meansbegin delete whichend delete
9begin insert thatend insert may be available to the consumer to secure relief.

10(c) If the director receives a complaint or receives information
11from any source indicating a probable violation of any law, rule,
12or order of any regulatory agency of the state, or if a pattern of
13complaints from consumers develops, the director shall transmit
14any complaint he or she considers to be valid to any appropriate
15law enforcement or regulatory agency and any evidence or
16information he or she may have concerning the probable violation
17or pattern of complaints or request the Attorney General to
18undertake appropriate legal action. It shall be the continuing duty
19of the director to discern patterns of complaints and to ascertain
20the nature and extent of action taken with respect to the probable
21violations or pattern of complaints.



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