Amended IN Senate June 20, 2022 Amended IN Assembly April 21, 2022 Amended IN Assembly March 24, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1871Introduced by Assembly Member CalderonFebruary 08, 2022 An act to add Title 1.5A (commencing with Section 1784.1) to Part 4 of Division 3 of the Civil Code, relating to civil law.LEGISLATIVE COUNSEL'S DIGESTAB 1871, as amended, Calderon. Vehicle history reports: source information: damages. reports.Existing law, with certain exceptions, prohibits a dealer from displaying or offering for sale at retail a used vehicle unless the dealer first obtains a vehicle history report from the National Motor Vehicle Title Information System (NMVTIS). Existing law authorizes the NMVTIS data provider to include in the vehicle history report additional history information obtained from resources other than NMVTIS, as specified.This bill would require a vehicle history report, as defined, to clearly and accurately identify the source of each item included in the report, as specified. The bill would authorize a person to bring a cause of action for receipt of a vehicle history report that does not comply with these requirements and would authorize the person to obtain relief, as specified. conspicuously disclose contact information of the vehicle history report provider, by which a consumer can submit an inquiry regarding the vehicle history information contained in the report, as specified. The bill would specify a process by which the vehicle history report provider would be required to confirm and respond to inquiries. The bill would declare any attempted waiver of these provisions void as contrary to public policy.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Title 1.5A (commencing with Section 1784.1) is added to Part 4 of Division 3 of the Civil Code, to read:TITLE 1.5A. Vehicle History Reports1784.1. (a) For purposes of this section, the following definitions apply:(1) Affiliate means any person or persons controlling, controlled by, or under common control with, other persons.(2) Dealer has the same meaning as in Section 285 of the Vehicle Code. (3) Vehicle has the same meaning as in Section 670 of the Vehicle Code.(4) Vehicle history database means a database from which a person may obtain vehicle history information specific to a vehicle identification number (VIN).(5) Vehicle history database report provider means an entity that generates vehicle history reports from a vehicle history database that are provided directly to consumers for the purpose of selling or purchasing a vehicle. Vehicle history report provider does not include a dealer that obtains a vehicle history report from a third party that is not an affiliate of the dealer and who then communicates the vehicle history report without altering the vehicle history information therein. (6) Vehicle history information includes, but is not limited to, any of the following related to a vehicle:(A) Accident or damage information.(B) The number of previous owners.(C) Information regarding service or maintenance history.(D) Odometer reading.(7) Vehicle history report means any written or electronic communication of vehicle history information made by a vehicle history database provider. report provider that is made available to consumers.(b) (1) Every vehicle history report shall clearly and accurately conspicuously disclose the source for each item of vehicle history information it contains, including, for each source, all of the following: vehicle history report providers contact information by which an owner can submit an inquiry regarding the vehicle history information contained in a vehicle history report, including a request for a vehicle history report provider to research and address any potential discrepancies found within the vehicle history report.(A)Name. If an entity is providing the information, then the name of the entity and not of a natural person who is an employee or agent of the entity. If a natural person is providing the information in their individual capacity, then the name of the natural person.(B)Mailing address.(C)Telephone number.(D)Email address, if available to the vehicle history report provider.(2)Source, for purposes of this subdivision, includes each intermediate provider of information, including, but not limited to, any aggregator or reseller of information, between the original source and the vehicle history report provider.(3)Mere provision of physical address, mailing address, telephone number, email address, internet address, QR code, or other method by which a person can request or obtain the source information required by paragraph (1) is insufficient to comply with the requirements of this subdivision.(4)Mere listing of sources of vehicle history information without clearly and accurately identifying the source or sources that correspond to each item of vehicle history information is insufficient to comply with the requirements of this subdivision.(c)(1)Any person who obtains a vehicle history report that fails to comply with subdivision (b) may bring a cause of action against the vehicle history report provider that communicated the report in order to recover any the following:(A)The greater of the following:(i)Any actual damages sustained by the person as a result of the violation.(ii)Statutory damages of one thousand dollars ($1,000) per violation.(B)An order directing the vehicle history report provider to correct the violation.(C)Any other relief that the court deems proper.(2)In the case of any successful cause of action under this subdivision, the court shall award costs of the action and reasonable attorneys fees, as determined by the court.(2) A vehicle history report provider shall confirm receipt of a California residents inquiry under paragraph (1) promptly, within three days of receipt. The confirmation shall include a means to obtain regular updates until the request is completed.(3) A vehicle history report provider shall use reasonable efforts to complete the inquiry within 14 days from the date it was received. If there is a delay in completing the inquiry that is beyond the reasonable control of the vehicle history report provider, the 14-day requirement is waived and the vehicle history report provider shall promptly notify the consumer of the delay no later than the 15th day from the date the inquiry was received and shall provide the requester weekly updates thereafter until the inquiry is completed. (d)(1)(c) Any attempted waiver of the provisions of this section is contrary to public policy, and is void and unenforceable.(2)Any agreement obtained by a vehicle history database provider to secure defense or indemnification from a third party related to a violation of this section shall be void and unenforceable, unless the third party altered vehicle history information in the vehicle history report that is the basis of an action. (e)(d) This section does not relieve any party of its responsibilities under Section 11713.26 of the Vehicle Code. To the extent that a provision of this section conflicts with Section 11713.26 of the Vehicle Code, Section 11713.26 of the Vehicle Code shall control.
Amended IN Senate June 20, 2022 Amended IN Assembly April 21, 2022 Amended IN Assembly March 24, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1871Introduced by Assembly Member CalderonFebruary 08, 2022 An act to add Title 1.5A (commencing with Section 1784.1) to Part 4 of Division 3 of the Civil Code, relating to civil law.LEGISLATIVE COUNSEL'S DIGESTAB 1871, as amended, Calderon. Vehicle history reports: source information: damages. reports.Existing law, with certain exceptions, prohibits a dealer from displaying or offering for sale at retail a used vehicle unless the dealer first obtains a vehicle history report from the National Motor Vehicle Title Information System (NMVTIS). Existing law authorizes the NMVTIS data provider to include in the vehicle history report additional history information obtained from resources other than NMVTIS, as specified.This bill would require a vehicle history report, as defined, to clearly and accurately identify the source of each item included in the report, as specified. The bill would authorize a person to bring a cause of action for receipt of a vehicle history report that does not comply with these requirements and would authorize the person to obtain relief, as specified. conspicuously disclose contact information of the vehicle history report provider, by which a consumer can submit an inquiry regarding the vehicle history information contained in the report, as specified. The bill would specify a process by which the vehicle history report provider would be required to confirm and respond to inquiries. The bill would declare any attempted waiver of these provisions void as contrary to public policy.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Senate June 20, 2022 Amended IN Assembly April 21, 2022 Amended IN Assembly March 24, 2022
Amended IN Senate June 20, 2022
Amended IN Assembly April 21, 2022
Amended IN Assembly March 24, 2022
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 1871
Introduced by Assembly Member CalderonFebruary 08, 2022
Introduced by Assembly Member Calderon
February 08, 2022
An act to add Title 1.5A (commencing with Section 1784.1) to Part 4 of Division 3 of the Civil Code, relating to civil law.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1871, as amended, Calderon. Vehicle history reports: source information: damages. reports.
Existing law, with certain exceptions, prohibits a dealer from displaying or offering for sale at retail a used vehicle unless the dealer first obtains a vehicle history report from the National Motor Vehicle Title Information System (NMVTIS). Existing law authorizes the NMVTIS data provider to include in the vehicle history report additional history information obtained from resources other than NMVTIS, as specified.This bill would require a vehicle history report, as defined, to clearly and accurately identify the source of each item included in the report, as specified. The bill would authorize a person to bring a cause of action for receipt of a vehicle history report that does not comply with these requirements and would authorize the person to obtain relief, as specified. conspicuously disclose contact information of the vehicle history report provider, by which a consumer can submit an inquiry regarding the vehicle history information contained in the report, as specified. The bill would specify a process by which the vehicle history report provider would be required to confirm and respond to inquiries. The bill would declare any attempted waiver of these provisions void as contrary to public policy.
Existing law, with certain exceptions, prohibits a dealer from displaying or offering for sale at retail a used vehicle unless the dealer first obtains a vehicle history report from the National Motor Vehicle Title Information System (NMVTIS). Existing law authorizes the NMVTIS data provider to include in the vehicle history report additional history information obtained from resources other than NMVTIS, as specified.
This bill would require a vehicle history report, as defined, to clearly and accurately identify the source of each item included in the report, as specified. The bill would authorize a person to bring a cause of action for receipt of a vehicle history report that does not comply with these requirements and would authorize the person to obtain relief, as specified. conspicuously disclose contact information of the vehicle history report provider, by which a consumer can submit an inquiry regarding the vehicle history information contained in the report, as specified. The bill would specify a process by which the vehicle history report provider would be required to confirm and respond to inquiries. The bill would declare any attempted waiver of these provisions void as contrary to public policy.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Title 1.5A (commencing with Section 1784.1) is added to Part 4 of Division 3 of the Civil Code, to read:TITLE 1.5A. Vehicle History Reports1784.1. (a) For purposes of this section, the following definitions apply:(1) Affiliate means any person or persons controlling, controlled by, or under common control with, other persons.(2) Dealer has the same meaning as in Section 285 of the Vehicle Code. (3) Vehicle has the same meaning as in Section 670 of the Vehicle Code.(4) Vehicle history database means a database from which a person may obtain vehicle history information specific to a vehicle identification number (VIN).(5) Vehicle history database report provider means an entity that generates vehicle history reports from a vehicle history database that are provided directly to consumers for the purpose of selling or purchasing a vehicle. Vehicle history report provider does not include a dealer that obtains a vehicle history report from a third party that is not an affiliate of the dealer and who then communicates the vehicle history report without altering the vehicle history information therein. (6) Vehicle history information includes, but is not limited to, any of the following related to a vehicle:(A) Accident or damage information.(B) The number of previous owners.(C) Information regarding service or maintenance history.(D) Odometer reading.(7) Vehicle history report means any written or electronic communication of vehicle history information made by a vehicle history database provider. report provider that is made available to consumers.(b) (1) Every vehicle history report shall clearly and accurately conspicuously disclose the source for each item of vehicle history information it contains, including, for each source, all of the following: vehicle history report providers contact information by which an owner can submit an inquiry regarding the vehicle history information contained in a vehicle history report, including a request for a vehicle history report provider to research and address any potential discrepancies found within the vehicle history report.(A)Name. If an entity is providing the information, then the name of the entity and not of a natural person who is an employee or agent of the entity. If a natural person is providing the information in their individual capacity, then the name of the natural person.(B)Mailing address.(C)Telephone number.(D)Email address, if available to the vehicle history report provider.(2)Source, for purposes of this subdivision, includes each intermediate provider of information, including, but not limited to, any aggregator or reseller of information, between the original source and the vehicle history report provider.(3)Mere provision of physical address, mailing address, telephone number, email address, internet address, QR code, or other method by which a person can request or obtain the source information required by paragraph (1) is insufficient to comply with the requirements of this subdivision.(4)Mere listing of sources of vehicle history information without clearly and accurately identifying the source or sources that correspond to each item of vehicle history information is insufficient to comply with the requirements of this subdivision.(c)(1)Any person who obtains a vehicle history report that fails to comply with subdivision (b) may bring a cause of action against the vehicle history report provider that communicated the report in order to recover any the following:(A)The greater of the following:(i)Any actual damages sustained by the person as a result of the violation.(ii)Statutory damages of one thousand dollars ($1,000) per violation.(B)An order directing the vehicle history report provider to correct the violation.(C)Any other relief that the court deems proper.(2)In the case of any successful cause of action under this subdivision, the court shall award costs of the action and reasonable attorneys fees, as determined by the court.(2) A vehicle history report provider shall confirm receipt of a California residents inquiry under paragraph (1) promptly, within three days of receipt. The confirmation shall include a means to obtain regular updates until the request is completed.(3) A vehicle history report provider shall use reasonable efforts to complete the inquiry within 14 days from the date it was received. If there is a delay in completing the inquiry that is beyond the reasonable control of the vehicle history report provider, the 14-day requirement is waived and the vehicle history report provider shall promptly notify the consumer of the delay no later than the 15th day from the date the inquiry was received and shall provide the requester weekly updates thereafter until the inquiry is completed. (d)(1)(c) Any attempted waiver of the provisions of this section is contrary to public policy, and is void and unenforceable.(2)Any agreement obtained by a vehicle history database provider to secure defense or indemnification from a third party related to a violation of this section shall be void and unenforceable, unless the third party altered vehicle history information in the vehicle history report that is the basis of an action. (e)(d) This section does not relieve any party of its responsibilities under Section 11713.26 of the Vehicle Code. To the extent that a provision of this section conflicts with Section 11713.26 of the Vehicle Code, Section 11713.26 of the Vehicle Code shall control.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Title 1.5A (commencing with Section 1784.1) is added to Part 4 of Division 3 of the Civil Code, to read:TITLE 1.5A. Vehicle History Reports1784.1. (a) For purposes of this section, the following definitions apply:(1) Affiliate means any person or persons controlling, controlled by, or under common control with, other persons.(2) Dealer has the same meaning as in Section 285 of the Vehicle Code. (3) Vehicle has the same meaning as in Section 670 of the Vehicle Code.(4) Vehicle history database means a database from which a person may obtain vehicle history information specific to a vehicle identification number (VIN).(5) Vehicle history database report provider means an entity that generates vehicle history reports from a vehicle history database that are provided directly to consumers for the purpose of selling or purchasing a vehicle. Vehicle history report provider does not include a dealer that obtains a vehicle history report from a third party that is not an affiliate of the dealer and who then communicates the vehicle history report without altering the vehicle history information therein. (6) Vehicle history information includes, but is not limited to, any of the following related to a vehicle:(A) Accident or damage information.(B) The number of previous owners.(C) Information regarding service or maintenance history.(D) Odometer reading.(7) Vehicle history report means any written or electronic communication of vehicle history information made by a vehicle history database provider. report provider that is made available to consumers.(b) (1) Every vehicle history report shall clearly and accurately conspicuously disclose the source for each item of vehicle history information it contains, including, for each source, all of the following: vehicle history report providers contact information by which an owner can submit an inquiry regarding the vehicle history information contained in a vehicle history report, including a request for a vehicle history report provider to research and address any potential discrepancies found within the vehicle history report.(A)Name. If an entity is providing the information, then the name of the entity and not of a natural person who is an employee or agent of the entity. If a natural person is providing the information in their individual capacity, then the name of the natural person.(B)Mailing address.(C)Telephone number.(D)Email address, if available to the vehicle history report provider.(2)Source, for purposes of this subdivision, includes each intermediate provider of information, including, but not limited to, any aggregator or reseller of information, between the original source and the vehicle history report provider.(3)Mere provision of physical address, mailing address, telephone number, email address, internet address, QR code, or other method by which a person can request or obtain the source information required by paragraph (1) is insufficient to comply with the requirements of this subdivision.(4)Mere listing of sources of vehicle history information without clearly and accurately identifying the source or sources that correspond to each item of vehicle history information is insufficient to comply with the requirements of this subdivision.(c)(1)Any person who obtains a vehicle history report that fails to comply with subdivision (b) may bring a cause of action against the vehicle history report provider that communicated the report in order to recover any the following:(A)The greater of the following:(i)Any actual damages sustained by the person as a result of the violation.(ii)Statutory damages of one thousand dollars ($1,000) per violation.(B)An order directing the vehicle history report provider to correct the violation.(C)Any other relief that the court deems proper.(2)In the case of any successful cause of action under this subdivision, the court shall award costs of the action and reasonable attorneys fees, as determined by the court.(2) A vehicle history report provider shall confirm receipt of a California residents inquiry under paragraph (1) promptly, within three days of receipt. The confirmation shall include a means to obtain regular updates until the request is completed.(3) A vehicle history report provider shall use reasonable efforts to complete the inquiry within 14 days from the date it was received. If there is a delay in completing the inquiry that is beyond the reasonable control of the vehicle history report provider, the 14-day requirement is waived and the vehicle history report provider shall promptly notify the consumer of the delay no later than the 15th day from the date the inquiry was received and shall provide the requester weekly updates thereafter until the inquiry is completed. (d)(1)(c) Any attempted waiver of the provisions of this section is contrary to public policy, and is void and unenforceable.(2)Any agreement obtained by a vehicle history database provider to secure defense or indemnification from a third party related to a violation of this section shall be void and unenforceable, unless the third party altered vehicle history information in the vehicle history report that is the basis of an action. (e)(d) This section does not relieve any party of its responsibilities under Section 11713.26 of the Vehicle Code. To the extent that a provision of this section conflicts with Section 11713.26 of the Vehicle Code, Section 11713.26 of the Vehicle Code shall control.
SECTION 1. Title 1.5A (commencing with Section 1784.1) is added to Part 4 of Division 3 of the Civil Code, to read:
### SECTION 1.
TITLE 1.5A. Vehicle History Reports1784.1. (a) For purposes of this section, the following definitions apply:(1) Affiliate means any person or persons controlling, controlled by, or under common control with, other persons.(2) Dealer has the same meaning as in Section 285 of the Vehicle Code. (3) Vehicle has the same meaning as in Section 670 of the Vehicle Code.(4) Vehicle history database means a database from which a person may obtain vehicle history information specific to a vehicle identification number (VIN).(5) Vehicle history database report provider means an entity that generates vehicle history reports from a vehicle history database that are provided directly to consumers for the purpose of selling or purchasing a vehicle. Vehicle history report provider does not include a dealer that obtains a vehicle history report from a third party that is not an affiliate of the dealer and who then communicates the vehicle history report without altering the vehicle history information therein. (6) Vehicle history information includes, but is not limited to, any of the following related to a vehicle:(A) Accident or damage information.(B) The number of previous owners.(C) Information regarding service or maintenance history.(D) Odometer reading.(7) Vehicle history report means any written or electronic communication of vehicle history information made by a vehicle history database provider. report provider that is made available to consumers.(b) (1) Every vehicle history report shall clearly and accurately conspicuously disclose the source for each item of vehicle history information it contains, including, for each source, all of the following: vehicle history report providers contact information by which an owner can submit an inquiry regarding the vehicle history information contained in a vehicle history report, including a request for a vehicle history report provider to research and address any potential discrepancies found within the vehicle history report.(A)Name. If an entity is providing the information, then the name of the entity and not of a natural person who is an employee or agent of the entity. If a natural person is providing the information in their individual capacity, then the name of the natural person.(B)Mailing address.(C)Telephone number.(D)Email address, if available to the vehicle history report provider.(2)Source, for purposes of this subdivision, includes each intermediate provider of information, including, but not limited to, any aggregator or reseller of information, between the original source and the vehicle history report provider.(3)Mere provision of physical address, mailing address, telephone number, email address, internet address, QR code, or other method by which a person can request or obtain the source information required by paragraph (1) is insufficient to comply with the requirements of this subdivision.(4)Mere listing of sources of vehicle history information without clearly and accurately identifying the source or sources that correspond to each item of vehicle history information is insufficient to comply with the requirements of this subdivision.(c)(1)Any person who obtains a vehicle history report that fails to comply with subdivision (b) may bring a cause of action against the vehicle history report provider that communicated the report in order to recover any the following:(A)The greater of the following:(i)Any actual damages sustained by the person as a result of the violation.(ii)Statutory damages of one thousand dollars ($1,000) per violation.(B)An order directing the vehicle history report provider to correct the violation.(C)Any other relief that the court deems proper.(2)In the case of any successful cause of action under this subdivision, the court shall award costs of the action and reasonable attorneys fees, as determined by the court.(2) A vehicle history report provider shall confirm receipt of a California residents inquiry under paragraph (1) promptly, within three days of receipt. The confirmation shall include a means to obtain regular updates until the request is completed.(3) A vehicle history report provider shall use reasonable efforts to complete the inquiry within 14 days from the date it was received. If there is a delay in completing the inquiry that is beyond the reasonable control of the vehicle history report provider, the 14-day requirement is waived and the vehicle history report provider shall promptly notify the consumer of the delay no later than the 15th day from the date the inquiry was received and shall provide the requester weekly updates thereafter until the inquiry is completed. (d)(1)(c) Any attempted waiver of the provisions of this section is contrary to public policy, and is void and unenforceable.(2)Any agreement obtained by a vehicle history database provider to secure defense or indemnification from a third party related to a violation of this section shall be void and unenforceable, unless the third party altered vehicle history information in the vehicle history report that is the basis of an action. (e)(d) This section does not relieve any party of its responsibilities under Section 11713.26 of the Vehicle Code. To the extent that a provision of this section conflicts with Section 11713.26 of the Vehicle Code, Section 11713.26 of the Vehicle Code shall control.
TITLE 1.5A. Vehicle History Reports1784.1. (a) For purposes of this section, the following definitions apply:(1) Affiliate means any person or persons controlling, controlled by, or under common control with, other persons.(2) Dealer has the same meaning as in Section 285 of the Vehicle Code. (3) Vehicle has the same meaning as in Section 670 of the Vehicle Code.(4) Vehicle history database means a database from which a person may obtain vehicle history information specific to a vehicle identification number (VIN).(5) Vehicle history database report provider means an entity that generates vehicle history reports from a vehicle history database that are provided directly to consumers for the purpose of selling or purchasing a vehicle. Vehicle history report provider does not include a dealer that obtains a vehicle history report from a third party that is not an affiliate of the dealer and who then communicates the vehicle history report without altering the vehicle history information therein. (6) Vehicle history information includes, but is not limited to, any of the following related to a vehicle:(A) Accident or damage information.(B) The number of previous owners.(C) Information regarding service or maintenance history.(D) Odometer reading.(7) Vehicle history report means any written or electronic communication of vehicle history information made by a vehicle history database provider. report provider that is made available to consumers.(b) (1) Every vehicle history report shall clearly and accurately conspicuously disclose the source for each item of vehicle history information it contains, including, for each source, all of the following: vehicle history report providers contact information by which an owner can submit an inquiry regarding the vehicle history information contained in a vehicle history report, including a request for a vehicle history report provider to research and address any potential discrepancies found within the vehicle history report.(A)Name. If an entity is providing the information, then the name of the entity and not of a natural person who is an employee or agent of the entity. If a natural person is providing the information in their individual capacity, then the name of the natural person.(B)Mailing address.(C)Telephone number.(D)Email address, if available to the vehicle history report provider.(2)Source, for purposes of this subdivision, includes each intermediate provider of information, including, but not limited to, any aggregator or reseller of information, between the original source and the vehicle history report provider.(3)Mere provision of physical address, mailing address, telephone number, email address, internet address, QR code, or other method by which a person can request or obtain the source information required by paragraph (1) is insufficient to comply with the requirements of this subdivision.(4)Mere listing of sources of vehicle history information without clearly and accurately identifying the source or sources that correspond to each item of vehicle history information is insufficient to comply with the requirements of this subdivision.(c)(1)Any person who obtains a vehicle history report that fails to comply with subdivision (b) may bring a cause of action against the vehicle history report provider that communicated the report in order to recover any the following:(A)The greater of the following:(i)Any actual damages sustained by the person as a result of the violation.(ii)Statutory damages of one thousand dollars ($1,000) per violation.(B)An order directing the vehicle history report provider to correct the violation.(C)Any other relief that the court deems proper.(2)In the case of any successful cause of action under this subdivision, the court shall award costs of the action and reasonable attorneys fees, as determined by the court.(2) A vehicle history report provider shall confirm receipt of a California residents inquiry under paragraph (1) promptly, within three days of receipt. The confirmation shall include a means to obtain regular updates until the request is completed.(3) A vehicle history report provider shall use reasonable efforts to complete the inquiry within 14 days from the date it was received. If there is a delay in completing the inquiry that is beyond the reasonable control of the vehicle history report provider, the 14-day requirement is waived and the vehicle history report provider shall promptly notify the consumer of the delay no later than the 15th day from the date the inquiry was received and shall provide the requester weekly updates thereafter until the inquiry is completed. (d)(1)(c) Any attempted waiver of the provisions of this section is contrary to public policy, and is void and unenforceable.(2)Any agreement obtained by a vehicle history database provider to secure defense or indemnification from a third party related to a violation of this section shall be void and unenforceable, unless the third party altered vehicle history information in the vehicle history report that is the basis of an action. (e)(d) This section does not relieve any party of its responsibilities under Section 11713.26 of the Vehicle Code. To the extent that a provision of this section conflicts with Section 11713.26 of the Vehicle Code, Section 11713.26 of the Vehicle Code shall control.
TITLE 1.5A. Vehicle History Reports
TITLE 1.5A. Vehicle History Reports
1784.1. (a) For purposes of this section, the following definitions apply:(1) Affiliate means any person or persons controlling, controlled by, or under common control with, other persons.(2) Dealer has the same meaning as in Section 285 of the Vehicle Code. (3) Vehicle has the same meaning as in Section 670 of the Vehicle Code.(4) Vehicle history database means a database from which a person may obtain vehicle history information specific to a vehicle identification number (VIN).(5) Vehicle history database report provider means an entity that generates vehicle history reports from a vehicle history database that are provided directly to consumers for the purpose of selling or purchasing a vehicle. Vehicle history report provider does not include a dealer that obtains a vehicle history report from a third party that is not an affiliate of the dealer and who then communicates the vehicle history report without altering the vehicle history information therein. (6) Vehicle history information includes, but is not limited to, any of the following related to a vehicle:(A) Accident or damage information.(B) The number of previous owners.(C) Information regarding service or maintenance history.(D) Odometer reading.(7) Vehicle history report means any written or electronic communication of vehicle history information made by a vehicle history database provider. report provider that is made available to consumers.(b) (1) Every vehicle history report shall clearly and accurately conspicuously disclose the source for each item of vehicle history information it contains, including, for each source, all of the following: vehicle history report providers contact information by which an owner can submit an inquiry regarding the vehicle history information contained in a vehicle history report, including a request for a vehicle history report provider to research and address any potential discrepancies found within the vehicle history report.(A)Name. If an entity is providing the information, then the name of the entity and not of a natural person who is an employee or agent of the entity. If a natural person is providing the information in their individual capacity, then the name of the natural person.(B)Mailing address.(C)Telephone number.(D)Email address, if available to the vehicle history report provider.(2)Source, for purposes of this subdivision, includes each intermediate provider of information, including, but not limited to, any aggregator or reseller of information, between the original source and the vehicle history report provider.(3)Mere provision of physical address, mailing address, telephone number, email address, internet address, QR code, or other method by which a person can request or obtain the source information required by paragraph (1) is insufficient to comply with the requirements of this subdivision.(4)Mere listing of sources of vehicle history information without clearly and accurately identifying the source or sources that correspond to each item of vehicle history information is insufficient to comply with the requirements of this subdivision.(c)(1)Any person who obtains a vehicle history report that fails to comply with subdivision (b) may bring a cause of action against the vehicle history report provider that communicated the report in order to recover any the following:(A)The greater of the following:(i)Any actual damages sustained by the person as a result of the violation.(ii)Statutory damages of one thousand dollars ($1,000) per violation.(B)An order directing the vehicle history report provider to correct the violation.(C)Any other relief that the court deems proper.(2)In the case of any successful cause of action under this subdivision, the court shall award costs of the action and reasonable attorneys fees, as determined by the court.(2) A vehicle history report provider shall confirm receipt of a California residents inquiry under paragraph (1) promptly, within three days of receipt. The confirmation shall include a means to obtain regular updates until the request is completed.(3) A vehicle history report provider shall use reasonable efforts to complete the inquiry within 14 days from the date it was received. If there is a delay in completing the inquiry that is beyond the reasonable control of the vehicle history report provider, the 14-day requirement is waived and the vehicle history report provider shall promptly notify the consumer of the delay no later than the 15th day from the date the inquiry was received and shall provide the requester weekly updates thereafter until the inquiry is completed. (d)(1)(c) Any attempted waiver of the provisions of this section is contrary to public policy, and is void and unenforceable.(2)Any agreement obtained by a vehicle history database provider to secure defense or indemnification from a third party related to a violation of this section shall be void and unenforceable, unless the third party altered vehicle history information in the vehicle history report that is the basis of an action. (e)(d) This section does not relieve any party of its responsibilities under Section 11713.26 of the Vehicle Code. To the extent that a provision of this section conflicts with Section 11713.26 of the Vehicle Code, Section 11713.26 of the Vehicle Code shall control.
1784.1. (a) For purposes of this section, the following definitions apply:
(1) Affiliate means any person or persons controlling, controlled by, or under common control with, other persons.
(2) Dealer has the same meaning as in Section 285 of the Vehicle Code.
(3) Vehicle has the same meaning as in Section 670 of the Vehicle Code.
(4) Vehicle history database means a database from which a person may obtain vehicle history information specific to a vehicle identification number (VIN).
(5) Vehicle history database report provider means an entity that generates vehicle history reports from a vehicle history database that are provided directly to consumers for the purpose of selling or purchasing a vehicle. Vehicle history report provider does not include a dealer that obtains a vehicle history report from a third party that is not an affiliate of the dealer and who then communicates the vehicle history report without altering the vehicle history information therein.
(6) Vehicle history information includes, but is not limited to, any of the following related to a vehicle:
(A) Accident or damage information.
(B) The number of previous owners.
(C) Information regarding service or maintenance history.
(D) Odometer reading.
(7) Vehicle history report means any written or electronic communication of vehicle history information made by a vehicle history database provider. report provider that is made available to consumers.
(b) (1) Every vehicle history report shall clearly and accurately conspicuously disclose the source for each item of vehicle history information it contains, including, for each source, all of the following: vehicle history report providers contact information by which an owner can submit an inquiry regarding the vehicle history information contained in a vehicle history report, including a request for a vehicle history report provider to research and address any potential discrepancies found within the vehicle history report.
(A)Name. If an entity is providing the information, then the name of the entity and not of a natural person who is an employee or agent of the entity. If a natural person is providing the information in their individual capacity, then the name of the natural person.
(B)Mailing address.
(C)Telephone number.
(D)Email address, if available to the vehicle history report provider.
(2)Source, for purposes of this subdivision, includes each intermediate provider of information, including, but not limited to, any aggregator or reseller of information, between the original source and the vehicle history report provider.
(3)Mere provision of physical address, mailing address, telephone number, email address, internet address, QR code, or other method by which a person can request or obtain the source information required by paragraph (1) is insufficient to comply with the requirements of this subdivision.
(4)Mere listing of sources of vehicle history information without clearly and accurately identifying the source or sources that correspond to each item of vehicle history information is insufficient to comply with the requirements of this subdivision.
(c)(1)Any person who obtains a vehicle history report that fails to comply with subdivision (b) may bring a cause of action against the vehicle history report provider that communicated the report in order to recover any the following:
(A)The greater of the following:
(i)Any actual damages sustained by the person as a result of the violation.
(ii)Statutory damages of one thousand dollars ($1,000) per violation.
(B)An order directing the vehicle history report provider to correct the violation.
(C)Any other relief that the court deems proper.
(2)In the case of any successful cause of action under this subdivision, the court shall award costs of the action and reasonable attorneys fees, as determined by the court.
(2) A vehicle history report provider shall confirm receipt of a California residents inquiry under paragraph (1) promptly, within three days of receipt. The confirmation shall include a means to obtain regular updates until the request is completed.
(3) A vehicle history report provider shall use reasonable efforts to complete the inquiry within 14 days from the date it was received. If there is a delay in completing the inquiry that is beyond the reasonable control of the vehicle history report provider, the 14-day requirement is waived and the vehicle history report provider shall promptly notify the consumer of the delay no later than the 15th day from the date the inquiry was received and shall provide the requester weekly updates thereafter until the inquiry is completed.
(d)(1)
(c) Any attempted waiver of the provisions of this section is contrary to public policy, and is void and unenforceable.
(2)Any agreement obtained by a vehicle history database provider to secure defense or indemnification from a third party related to a violation of this section shall be void and unenforceable, unless the third party altered vehicle history information in the vehicle history report that is the basis of an action.
(e)
(d) This section does not relieve any party of its responsibilities under Section 11713.26 of the Vehicle Code. To the extent that a provision of this section conflicts with Section 11713.26 of the Vehicle Code, Section 11713.26 of the Vehicle Code shall control.