Electronic Commerce

Title 1.6D of Part 4 of Division 3 of the Civil Code deals with electronic commerce. Article 1 contains general provisions.

Section 1789 contains a legislative finding and declaration.

Section 1789.1 names this title as “The Electronic Commerce Act of 1984.”

Section 1789.2 defines the terms “electronic commercial service,” “consumer,” “provider of service,” and “goods or services.”

Section 1789.3 requires the provider of an electronic commercial service to provide to consumers with which it contracts to provide the service, at the time it contracts to provide the service and annually, on or before June 30 of each year, three items of specified information.

Section 1789.5 states that any provider who knowingly and willfully violates any provision of this title is liable for a civil penalty not to exceed $5,000 which may be assessed and recovered in a civil action brought by the Attorney General, by any district attorney or city attorney, or by a city prosecutor in any city or city and county having a full-time city prosecutor, in any court of competent jurisdiction.

Section 1789.6 states that nothing in this title is to be construed to limit the liability of a provider of service to a consumer for errors or omissions arising from the operation of an electronic commercial service.

Section 1789.7 explains that this title does not apply where it is inconsistent with, or infringes upon, federal law or regulation. This title does not apply to the rights and obligations of a cardholder and a card issuer with respect to the use of a credit card arising from the purchase of goods or services conducted through an electronic commercial service.

The terms “cardholder,” “card issuer,” and “credit card” are defined. This title does not apply to the rights and obligations of a consumer and a financial institution with respect to any electronic fund transfer arising from purchase of goods or services conducted through an electronic commercial service. The terms “consumer,” “financial institution,” and “electronic fund transfer” are defined.

Section 1789.9 provides that any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable.