SB 386 California Senate · 2015-2016 Regular Session

Unlawful business practices.

Summary
(1) Existing law, the Consumer Legal Remedies Act, makes unlawful certain unfair methods of competition and unfair or deceptive acts or practices undertaken by any person in a transaction intended to result or which results in the sale or lease of goods or services to any consumer, including, among other things, advertising or promoting any event, presentation, seminar, workshop, or other public gathering regarding veterans' benefits or entitlements that does not include a specified statement. Existing law authorizes any consumer who suffers damages as a result of the use or employment by any person of a method, act, or practice declared to be unlawful, as described above, to bring an action against that person to recover or obtain damages, restitution, an order enjoining the methods, acts, or practice, or any other relief the court deems proper. This bill would include, as an unlawful practice prohibited under the act, advertising, offering for sale, or selling a financial product or service that is illegal under state or federal law, including a cash payment for the assignment to a 3rd party of the consumer's right to receive future pension or veteran's benefits. (2) Existing federal law prohibits payments of benefits due or to become due under any law administered by the United States Secretary of Veterans Affairs from being assignable. Under existing federal law, in any case where a beneficiary entitled to pension compensation enters into an agreement with another person under which agreement the other person acquires for consideration the right to receive the benefit by payment of a pension compensation, the agreement is deemed to be an assignment and is prohibited. Existing state law establishes a cause of action against any person who engages in an act of unfair competition, which includes any unlawful, unfair, or fraudulent business act or practice and unfair, deceptive, untrue, or misleading advertising, and any prohibited advertising act or practice. This bill would state an additional prohibition against advertising, offering, or entering into an agreement with a pension beneficiary that would involve an assignment of pension benefits.
Bill status signed all 5 stages cleared
Introduction
Feb 2015
Committee Review
Aug 2015
Senate Passage
May 2015
Assembly Passage
Jul 2015
Signed into Law
Sep 2015
Introduced Feb 24, 2015 Signed Sep 2, 2015
Floor votes · Senate Aug 20, 2015 · Assembly Jul 16, 2015

How they voted

38–0
Passed · 2 other
Total votes 40
Aug 20, 2015
D Democratic26
25 Yea 1
96% Yea
R Republican14
13 Yea 1
92% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
22
Key actions
6
Committee
7
Amendments
1
Sep 2, 2015
Signed into law
Approved by the Governor.
legislature
Aug 20, 2015
Senate · Passed
Senate Vote: pass (38-0-2)
senate
Aug 20, 2015
Upper · Passed
Assembly amendments concurred in. (Ayes 38. Noes 0.) Ordered to engrossing and enrolling.
upper
Jul 16, 2015
Assembly · Passed
Assembly Vote: pass (77-0-1)
assembly
Jul 16, 2015
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Jul 8, 2015
Lower · Passed
From committee: Do pass. Ordered to consent calendar. (Ayes 11. Noes 0.) (July 7).
lower
Jul 1, 2015
Committee
From committee with author's amendments. Read second time and amended. Re-referred to Com. on P. & C.P.
lower
Jun 23, 2015
Committee
From committee with author's amendments. Read second time and amended. Re-referred to Com. on P. & C.P.
lower
Jun 4, 2015
Committee
Referred to Com. on P. & C.P.
lower
May 13, 2015
Upper · Passed
From committee: Do pass. Ordered to consent calendar. (Ayes 7. Noes 0. Page 983.) (May 12).
upper
Mar 5, 2015
Committee
Referred to Com. on JUD.
upper
Feb 24, 2015
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
0 primary · 0 co-sponsors

Sponsors

No sponsor information available.