The amendments proposed in SB 1141 are considered non-substantive as they build upon existing laws within the Tanner Consumer Protection Act. They specify conditions under which it is presumed that a vehicle exhibits a nonconformity that impairs its safety or value, including instances where repairs have failed after multiple attempts or if the vehicle has been out of service for over 30 days. These provisions allow buyers to assert their rights more effectively in legal actions, including small claims court, providing a clearer process for addressing warranty disputes and consumer grievances. The potential impact of these amendments enhances the consumer's capacity to seek redress and emphasizes manufacturer accountability for vehicle compliance with warranty conditions.
Senate Bill No. 1141, introduced by Senator Wilk on February 14, 2018, seeks to amend Section 1793.22 of the California Civil Code, which pertains to consumer protection, particularly regarding motor vehicle warranties. This bill is primarily focused on maintaining the integrity of consumer rights concerning the expectations and obligations of manufacturers regarding new motor vehicles that may have defects or nonconformities. It reaffirms the presumption that a reasonable number of attempts have been made to conform a new vehicle to express warranties under specific conditions occurring within 18 months from delivery or 18,000 miles traveled.
While SB 1141 serves to reinforce consumer protections, its non-substantive nature means it may not significantly change existing perceptions or operations regarding warranty compliance for manufacturers. However, discussions around consumer protection laws often face contention from stakeholders within the automotive industry who may argue that enhanced presumption laws could lead to increased costs or burdens related to warranty claims management. The ongoing dialogue suggests that additional legislative attention may be warranted to balance consumer rights with the operational realities of vehicle manufacturers.