Electronic Commerce Act

The California Civil Code, in Division 3, Part 4, Title 1.6D, Article 1, concerns electronic commerce and the obligations that arise from these types of transactions.

Section 1789 expresses legislative findings and declarations that it is in the public interest that consumers have comprehensive knowledge of services available through electronic commerce. Section1789.1 names Title 1.6D as “The Electronic Commerce Act of 1984.”

Section 1789.2 defines the following terms: “electronic commercial service,” “service,” “consumer,” “provider of services,” 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 thereafter, three specified items of 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.

In addition, if the action is brought by the Attorney General, one-half of the penalty collected is to be paid to the treasurer of the county in which the judgment was entered, and one-half to the General Fund. If the action is brought by a district attorney, the penalty collected is to be paid to the treasurer of the county in which the judgment was entered. If the action is brought by a city attorney or city prosecutor, one-half of the penalty is to be paid to the treasurer of the city in which the judgment was entered, and one-half to the treasurer of the county in which the judgment was entered.

Section 1789.6 prohibits anything in this title from being 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 provides that this title does not apply where it is inconsistent with, or infringes upon, federal law or regulation.

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