SB 1428 California Senate · 2015-2016 Regular Session

Contracts: automatic renewal provisions.

Summary
Existing law generally regulates formation and enforcement of contracts, including how a contract is extinguished. Existing law makes it unlawful for any business making an automatic renewal or continuous service offer to a consumer in this state to, among other things, fail to present the automatic renewal or continuous service offer terms in a clear and conspicuous manner, charge the consumer for an automatic renewal or continuous service without first obtaining the consumer's affirmative consent, and to fail to provide an acknowledgment that includes the automatic renewal or continuous service offer terms, cancellation policy, and information regarding how to cancel in a manner that is capable of being retained by the consumer. This bill would require a business that makes an automatic renewal or continuous service offer that is subject to the above-described requirements to provide a consumer with an email address or option on the business' Internet Web site for the consumer to communicate his or her decision to not renew the subscription or purchasing agreement. The bill would also require, within 24 hours of receipt of a consumer's communication to not renew the subscription or purchasing agreement, the business to notify the consumer of receipt of the consumer's communication. The bill would require the business to honor this decision.
Bill status passed 3 of 5 stages cleared
Introduction
Feb 2016
Committee Review
Jun 2016
Senate Passage
May 2016
Assembly Passage
Governor
Introduced Feb 19, 2016 Last action Jun 9, 2016
Floor votes · Senate May 31, 2016

How they voted

2410
Passed · 1 other
Total votes 35
May 31, 2016
D Democratic24
24 Yea
100% Yea
R Republican11
10 Nay 1
90% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
13
Key actions
3
Committee
3
Amendments
1
Jun 9, 2016
Committee
Referred to Com. on P. & C.P.
lower
May 31, 2016
Senate · Passed
Senate Vote: pass (24-10-1)
senate
May 10, 2016
Upper · Passed
Read second time and amended. Ordered to third reading.
upper
May 9, 2016
Upper · Passed
From committee: Do pass as amended. (Ayes 4. Noes 2. Page 3767.) (May 3).
upper
Mar 10, 2016
Committee
Referred to Com. on JUD.
upper
Feb 19, 2016
Introduced
Introduced. To Com. on RLS. for assignment. To print.
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Ed Hernandez
Ed Hernandez
DDemocratic
CA
22