California Codes, Civil Code - CIV, Division 3 — Obligations, Part 4 — Obligations Arising from Particular Transactions, Title 1.86 — Consumer Contract Awareness Act of 1990, Section 1799.208

(a) A seller shall not require a consumer to agree to a provision that would do either of the following:

(1) Require the consumer to arbitrate outside of California a claim arising in California.

(2) Require the consumer to arbitrate a controversy arising in California under the substantive law of a state other than California.

(b) Any provision of a contract that violates subdivision (a) is voidable by the consumer, and if a provision is rendered void at the request of the consumer, the matter shall be adjudicated in California and California law shall govern the dispute.

(c) In addition to injunctive relief and any other remedies available, a court may award a consumer who is enforcing their rights under this section reasonable attorney’s fees incurred in enforcing those rights.

(d) For purposes of this section, adjudication includes litigation and arbitration.

(e) This section applies to a contract entered into, modified, or extended on or after January 1, 2025.

Notes

Prohibits a seller from requiring a consumer to arbitrate a California claim outside California or under another state’s substantive law. Allows the consumer to void a violating provision, requiring adjudication in California under California law, and allows reasonable attorney fees for enforcement; applies to contracts entered into, modified, or extended on or after January 1, 2025.

Use as reference

Lexinter.net | California Code, Civil Code - CIV § 1799.208 | https://laws.lexinter.net/codes/california/civil-code/division-3/part-4/title-1-86/section-1799-208

Disclaimer: Codes available on Lexinter may not reflect the most current laws in your jurisdiction. We make no warranties regarding the accuracy, completeness, or adequacy of the information provided. Always verify the status of any code with your state legislature or official government sources before relying on it for legal purposes.