Alarm companies: electronic transactions.

The Alarm Company Act provides for the licensure and regulation of alarm company operators and the certification and registration of employees of alarm companies, including alarm agents, by the Bureau of Security and Investigative Services within the Department of Consumer Affairs. That act requires that specified installation agreements entered into by an alarm company pertaining to alarm systems, including, among others, lease agreements, monitoring agreements, and service agreements relating to those installation agreements, be in writing. The Uniform Electronic Transactions Act (UETA) generally allows parties to contract to conduct transactions by electronic means, imposes specified requirements on electronic transactions in order to comply with the act, and provides specified protections for electronic transactions conducted pursuant to the act. UETA does not apply to certain transactions, including, among others, "home solicitation contracts," as defined. Existing law provides specified time periods for consumers to cancel a home solicitation contract, and requires specified disclosures and statements, and separately executed cancellation documents in connection with the execution of those contracts. This bill would provide that contracts for services or other activities relating to installation agreements for alarm systems may be conducted by electronic means. The bill would provide that the provisions of UETA would apply to transactions conducted by persons licensed, certified, or registered pursuant to the Alarm Company Act, for purposes of those installation agreements, as specified. The bill would require those electronic contracts for services or other activities relating to installation agreements to comply with specified cancellation periods, statements, and disclosures that apply to home solicitation contracts, and would authorize signatures, disclosures, and documents required by those provisions to be provided and transmitted electronically. This bill would incorporate changes to Section 1633.3 of the Civil Code proposed by both this bill and AB 1131, which would become operative only if both bills are enacted and become effective on or before January 1, 2016, and this bill is chaptered last.