Sections
25 entriesSection 1812.100Establishes legislative findings that discount-buying-service contracts and related sales, business, and financing practices have caused fraud, deceit, and financial hardship and that…Section 1812.101Defines “discount buying organization” and excludes specified low-fee organizations, including those charging at most $50 once or $25 annually and qualifying organizations…Section 1812.103Requires every discount buying organization to maintain a $20,000 bond issued by a surety company admitted to do business in California. A…Section 1812.104Requires the discount-buying-organization bond to favor the State of California for persons damaged by violations, fraud, dishonesty, or failure to provide contracted…Section 1812.105Establishes claim procedures for a cash deposit replacing a discount-buying-organization bond: approved claims wait 240 days and are then paid fully or…Section 1812.106Requires a discount buying organization, before obtaining a potential buyer’s signature, to provide and let the buyer retain written disclosures describing its…Section 1812.107Requires every discount-buying-services contract to be in writing and governed by the title. Requires the face of the written contract to clearly…Section 1812.108Requires overlapping discount-buying-service contracts between a buyer and the same seller or related sellers to be treated as one contract for purposes…Section 1812.109Prohibits a discount-buying-services contract from requiring the buyer to make payments or obtain financing for more than two years from the date…Section 1812.110Requires every discount-buying-services contract to provide that the buying services will become available to the buyer within seven days after the contract…Section 1812.113Prohibits contract for discount buying sevices from requiring or entail the execution of any note or series of notes by the buyer…Section 1812.114Prohibits assignment or transfer of a discount-buying-services contract from cutting off any right of action or defense the buyer has against the…Section 1812.116Requires discount-buying contracts to refund prepayments for goods not delivered or available within six weeks unless a written delivery date was given…Section 1812.117Allows an affiliate, with parent consent, to withdraw half the contract price during the first quarter or six months, whichever is shorter,…Section 1812.118Requires discount-buying-service contracts to allow cancellation by written notice to the seller within three days after the buyer receives a contract copy.…Section 1812.119Allows a buyer to void a discount-buying-services contract that does not comply with the title's applicable provisions. Prohibits a discount-buying organization from…Section 1812.120Prohibits a discount-buying-services seller from making or disseminating untrue or misleading information, representations, notices, or advertisements. Makes the contract void and unenforceable…Section 1812.121Requires a discount buying organization to offer rescission and a prorated refund when its nearest location moves more than 20 miles farther…Section 1812.122Establishes a complete defense to enforcement or collection when a discount-buying organization transfers service duties and leaves a buyer with substantially fewer…Section 1812.123Allows an injured buyer to recover payments, treble actual damages plus restitution, attorney fees, and costs; for specified misleading statements, judgment is…Section 1812.125Sets criminal penalties for violations of specified discount-buying trust-account provisions: upon conviction, up to a $10,000 fine for each violation, imprisonment under…Section 1812.126Establishes that the title’s prohibitions are not exclusive and do not displace other applicable law. Requires parties and contracts subject to the…Section 1812.127Bars a buyer from waiving provisions of the title by declaring any such waiver contrary to public policy, void, and unenforceable. The…Section 1812.128Establishes severability when any provision of the title, or its application to a person or circumstance, is held invalid. Preserves every other…Section 1812.129Requires the Secretary of State to enforce the title's provisions governing filing and maintenance of bonds and deposits made in place of…