AMENDED IN SENATE JUNE 3, 2024

AMENDED IN ASSEMBLY APRIL 3, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

95

CHAPTER 89

Statutes of 2024

[ Approved by Governor July 15, 2024. Filed with Secretary of State July 15, 2024. ]

Introduced by Assembly Member Weber

January 23, 2024

An act to add Chapter 1.5 (commencing with Section 1748.50) to Title 1.3.5 of Part 4 of Division 3 of the Civil Code, relating to consumer refunds.

Vote: majority   Appropriation: no   Fiscal committee: no   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

Existing law generally regulates the formation and enforcement of contracts, and also regulates consumer refunds specific to certain industries and under specified circumstances.

This bill would make a provision in a contract or agreement that prohibits a consumer from publishing or making statements about the business as a condition of receiving a refund or other consideration or thing of value contrary to public policy and void and unenforceable.

The people of the State of California do enact as follows:

SECTION 1.

Chapter 1.5 (commencing with Section 1748.50) is added to Title 1.3.5 of Part 4 of Division 3 of the Civil Code, to read:

Chapter 1.5. Consumer Refund Conditioned on Nondisclosure Agreement

1748.50.

Any provision in a contract or agreement that prohibits a consumer from publishing or making statements about the business as a condition of receiving a partial or complete refund or any other consideration or thing of value is contrary to public policy and shall be void and unenforceable.