Consumer Contract Awareness

Title 1.86 of Part 4 of Division 3 of the Civil Code contains the Consumer Contract Awareness Act of 1990.

Section 1799.200 names this title the Consumer Contract Awareness Act of 1990.

Section 1799.201 defines the terms “consumer,” “consumer contract,” “consumer contract guaranty,” “copy,” “days,” “goods,” “guarantor,” “seller,” “services,” and “financial institution.”

Section 1799.202 requires a seller to deliver a copy of a consumer contract to the consumer at the time it is signed by the consumer if the consumer contract is signed at a place of business of the seller. If the consumer contract is not signed by the consumer at a place of business of the seller, and the seller has not provided a copy of the consumer contract for the consumer which the consumer is instructed to keep, the seller is required to mail or deliver a copy of it to the consumer within 10 calendar days after the seller receives the signed consumer contract.

In any case, the copy of the contract provided to the consumer cannot contain any blank spaces to be completed after the consumer signs the contract, must contain the signature of the seller if it provides for that signature, and may also contain the signature of the consumer.

Section 1799.203 requires it to be deemed compliance with specified laws if a copy of any consumer contract which is subject to Article 10, or which is an open-end consumer credit plan subject to federal law, is delivered or mailed to the consumer before the consumer enters into a transaction covered and permitted by the consumer contract. Section 1799.202 does not apply to three specified types of contracts.

Section 1799.204 provides that, if more than one consumer has signed a consumer contact, the seller may comply with specified law by mailing or delivering the copy to any one of the consumers who reside at the same address.

Section 1799.205 explains that a seller who fails to comply with Section 1799.202 is liable to the consumer for any actual damages suffered by the consumer as the result of that failure. The remedy provided by this subdivision is nonexclusive and is in addition to any other remedies or penalties available under other laws of this state.

Section 1799.206 requires a seller to deliver a copy of the consumer contract guaranty to the guarantor at the time the consumer contract guaranty is signed by the guarantor if the consumer contract guaranty is signed by the guarantor at a place of business of the seller. If the consumer contract guaranty is not signed by the guarantor at a place of business of the seller, and the seller has not provided a copy of the consumer contract guaranty for the guarantor which the guarantor is able to keep, the seller must mail or deliver a copy of the consumer contract guaranty to the guarantor within 10 calendar days after the seller receives the signed consumer contract guaranty.

Section 1799.207 states that any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable.

Section 1799.208 prohibits a seller from requiring a consumer to agree to a provision that would do either of two specified requirements. Any provision of a contract that violates subdivision (a) is voidable by the consumer.

Section 1799.209 states that, if a consumer contract requires a dispute under the contract to be arbitrated and the dispute may be adjudicated pursuant to the Small Claims Act, the consumer must be given the option to have the dispute adjudicated pursuant to that act.