| 1 | 1 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2948Introduced by Assembly Member CooperFebruary 18, 2022 An act to amend Section 326 of the Business and Professions Code, relating to consumer protection. LEGISLATIVE COUNSEL'S DIGESTAB 2948, as introduced, Cooper. Consumer protection: Department of Consumer Affairs: complaints.Existing law, the Consumer Affairs Act, requires the Director of Consumer Affairs to receive complaints from consumers concerning specified issues, including the production, distribution, sale, and lease of any goods and services undertaken by any person which may endanger the public health, safety, or welfare. Existing law authorizes the director to notify the person against whom the complaint is made of the nature of the complaint and to request appropriate relief for the consumer. Existing law requires the director to advise, if appropriate, the consumer of the action taken on the complaint and of any other means which may be available to the consumer to secure relief.This bill would instead require the director to advise, within 60 calendar days of the date that the complaint is deemed closed, the consumer of the action taken on the complaint and of any other means which may be available to the consumer to secure relief, unless doing so would be injurious to the public health, safety, or welfare.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 326 of the Business and Professions Code is amended to read:326. (a) Upon receipt of any complaint pursuant to Section 325, the director may notify the person against whom the complaint is made of the nature of the complaint and may request appropriate relief for the consumer.(b) (1) The director shall also transmit any valid complaint to the local, state state, or federal agency whose authority provides the most effective means to secure the relief. The(2) The director shall, if appropriate, advise shall advise, within 60 calendar days of the date that the complaint is deemed closed, the consumer of the action taken on the complaint and of any other means which may be available to the consumer to secure relief. relief, unless doing so would be injurious to the public health, safety, or welfare.(c) If the director receives a complaint or receives information from any source indicating a probable violation of any law, rule, or order of any regulatory agency of the state, or if a pattern of complaints from consumers develops, the director shall transmit any complaint he or she considers they consider to be valid to any appropriate law enforcement or regulatory agency and any evidence or information he or she they may have concerning the probable violation or pattern of complaints or request the Attorney General to undertake appropriate legal action. It shall be the continuing duty of the director to discern patterns of complaints and to ascertain the nature and extent of action taken with respect to the probable violations or pattern of complaints. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2948Introduced by Assembly Member CooperFebruary 18, 2022 An act to amend Section 326 of the Business and Professions Code, relating to consumer protection. LEGISLATIVE COUNSEL'S DIGESTAB 2948, as introduced, Cooper. Consumer protection: Department of Consumer Affairs: complaints.Existing law, the Consumer Affairs Act, requires the Director of Consumer Affairs to receive complaints from consumers concerning specified issues, including the production, distribution, sale, and lease of any goods and services undertaken by any person which may endanger the public health, safety, or welfare. Existing law authorizes the director to notify the person against whom the complaint is made of the nature of the complaint and to request appropriate relief for the consumer. Existing law requires the director to advise, if appropriate, the consumer of the action taken on the complaint and of any other means which may be available to the consumer to secure relief.This bill would instead require the director to advise, within 60 calendar days of the date that the complaint is deemed closed, the consumer of the action taken on the complaint and of any other means which may be available to the consumer to secure relief, unless doing so would be injurious to the public health, safety, or welfare.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION |
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| 11 | 11 | | Assembly Bill |
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| 13 | 13 | | No. 2948 |
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| 15 | 15 | | Introduced by Assembly Member CooperFebruary 18, 2022 |
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| 17 | 17 | | Introduced by Assembly Member Cooper |
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| 18 | 18 | | February 18, 2022 |
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| 20 | 20 | | An act to amend Section 326 of the Business and Professions Code, relating to consumer protection. |
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| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 25 | 25 | | |
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| 26 | 26 | | AB 2948, as introduced, Cooper. Consumer protection: Department of Consumer Affairs: complaints. |
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| 28 | 28 | | Existing law, the Consumer Affairs Act, requires the Director of Consumer Affairs to receive complaints from consumers concerning specified issues, including the production, distribution, sale, and lease of any goods and services undertaken by any person which may endanger the public health, safety, or welfare. Existing law authorizes the director to notify the person against whom the complaint is made of the nature of the complaint and to request appropriate relief for the consumer. Existing law requires the director to advise, if appropriate, the consumer of the action taken on the complaint and of any other means which may be available to the consumer to secure relief.This bill would instead require the director to advise, within 60 calendar days of the date that the complaint is deemed closed, the consumer of the action taken on the complaint and of any other means which may be available to the consumer to secure relief, unless doing so would be injurious to the public health, safety, or welfare. |
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| 30 | 30 | | Existing law, the Consumer Affairs Act, requires the Director of Consumer Affairs to receive complaints from consumers concerning specified issues, including the production, distribution, sale, and lease of any goods and services undertaken by any person which may endanger the public health, safety, or welfare. Existing law authorizes the director to notify the person against whom the complaint is made of the nature of the complaint and to request appropriate relief for the consumer. Existing law requires the director to advise, if appropriate, the consumer of the action taken on the complaint and of any other means which may be available to the consumer to secure relief. |
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| 32 | 32 | | This bill would instead require the director to advise, within 60 calendar days of the date that the complaint is deemed closed, the consumer of the action taken on the complaint and of any other means which may be available to the consumer to secure relief, unless doing so would be injurious to the public health, safety, or welfare. |
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| 34 | 34 | | ## Digest Key |
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| 36 | 36 | | ## Bill Text |
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| 38 | 38 | | The people of the State of California do enact as follows:SECTION 1. Section 326 of the Business and Professions Code is amended to read:326. (a) Upon receipt of any complaint pursuant to Section 325, the director may notify the person against whom the complaint is made of the nature of the complaint and may request appropriate relief for the consumer.(b) (1) The director shall also transmit any valid complaint to the local, state state, or federal agency whose authority provides the most effective means to secure the relief. The(2) The director shall, if appropriate, advise shall advise, within 60 calendar days of the date that the complaint is deemed closed, the consumer of the action taken on the complaint and of any other means which may be available to the consumer to secure relief. relief, unless doing so would be injurious to the public health, safety, or welfare.(c) If the director receives a complaint or receives information from any source indicating a probable violation of any law, rule, or order of any regulatory agency of the state, or if a pattern of complaints from consumers develops, the director shall transmit any complaint he or she considers they consider to be valid to any appropriate law enforcement or regulatory agency and any evidence or information he or she they may have concerning the probable violation or pattern of complaints or request the Attorney General to undertake appropriate legal action. It shall be the continuing duty of the director to discern patterns of complaints and to ascertain the nature and extent of action taken with respect to the probable violations or pattern of complaints. |
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| 40 | 40 | | The people of the State of California do enact as follows: |
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| 42 | 42 | | ## The people of the State of California do enact as follows: |
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| 44 | 44 | | SECTION 1. Section 326 of the Business and Professions Code is amended to read:326. (a) Upon receipt of any complaint pursuant to Section 325, the director may notify the person against whom the complaint is made of the nature of the complaint and may request appropriate relief for the consumer.(b) (1) The director shall also transmit any valid complaint to the local, state state, or federal agency whose authority provides the most effective means to secure the relief. The(2) The director shall, if appropriate, advise shall advise, within 60 calendar days of the date that the complaint is deemed closed, the consumer of the action taken on the complaint and of any other means which may be available to the consumer to secure relief. relief, unless doing so would be injurious to the public health, safety, or welfare.(c) If the director receives a complaint or receives information from any source indicating a probable violation of any law, rule, or order of any regulatory agency of the state, or if a pattern of complaints from consumers develops, the director shall transmit any complaint he or she considers they consider to be valid to any appropriate law enforcement or regulatory agency and any evidence or information he or she they may have concerning the probable violation or pattern of complaints or request the Attorney General to undertake appropriate legal action. It shall be the continuing duty of the director to discern patterns of complaints and to ascertain the nature and extent of action taken with respect to the probable violations or pattern of complaints. |
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| 46 | 46 | | SECTION 1. Section 326 of the Business and Professions Code is amended to read: |
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| 48 | 48 | | ### SECTION 1. |
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| 50 | 50 | | 326. (a) Upon receipt of any complaint pursuant to Section 325, the director may notify the person against whom the complaint is made of the nature of the complaint and may request appropriate relief for the consumer.(b) (1) The director shall also transmit any valid complaint to the local, state state, or federal agency whose authority provides the most effective means to secure the relief. The(2) The director shall, if appropriate, advise shall advise, within 60 calendar days of the date that the complaint is deemed closed, the consumer of the action taken on the complaint and of any other means which may be available to the consumer to secure relief. relief, unless doing so would be injurious to the public health, safety, or welfare.(c) If the director receives a complaint or receives information from any source indicating a probable violation of any law, rule, or order of any regulatory agency of the state, or if a pattern of complaints from consumers develops, the director shall transmit any complaint he or she considers they consider to be valid to any appropriate law enforcement or regulatory agency and any evidence or information he or she they may have concerning the probable violation or pattern of complaints or request the Attorney General to undertake appropriate legal action. It shall be the continuing duty of the director to discern patterns of complaints and to ascertain the nature and extent of action taken with respect to the probable violations or pattern of complaints. |
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| 52 | 52 | | 326. (a) Upon receipt of any complaint pursuant to Section 325, the director may notify the person against whom the complaint is made of the nature of the complaint and may request appropriate relief for the consumer.(b) (1) The director shall also transmit any valid complaint to the local, state state, or federal agency whose authority provides the most effective means to secure the relief. The(2) The director shall, if appropriate, advise shall advise, within 60 calendar days of the date that the complaint is deemed closed, the consumer of the action taken on the complaint and of any other means which may be available to the consumer to secure relief. relief, unless doing so would be injurious to the public health, safety, or welfare.(c) If the director receives a complaint or receives information from any source indicating a probable violation of any law, rule, or order of any regulatory agency of the state, or if a pattern of complaints from consumers develops, the director shall transmit any complaint he or she considers they consider to be valid to any appropriate law enforcement or regulatory agency and any evidence or information he or she they may have concerning the probable violation or pattern of complaints or request the Attorney General to undertake appropriate legal action. It shall be the continuing duty of the director to discern patterns of complaints and to ascertain the nature and extent of action taken with respect to the probable violations or pattern of complaints. |
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| 54 | 54 | | 326. (a) Upon receipt of any complaint pursuant to Section 325, the director may notify the person against whom the complaint is made of the nature of the complaint and may request appropriate relief for the consumer.(b) (1) The director shall also transmit any valid complaint to the local, state state, or federal agency whose authority provides the most effective means to secure the relief. The(2) The director shall, if appropriate, advise shall advise, within 60 calendar days of the date that the complaint is deemed closed, the consumer of the action taken on the complaint and of any other means which may be available to the consumer to secure relief. relief, unless doing so would be injurious to the public health, safety, or welfare.(c) If the director receives a complaint or receives information from any source indicating a probable violation of any law, rule, or order of any regulatory agency of the state, or if a pattern of complaints from consumers develops, the director shall transmit any complaint he or she considers they consider to be valid to any appropriate law enforcement or regulatory agency and any evidence or information he or she they may have concerning the probable violation or pattern of complaints or request the Attorney General to undertake appropriate legal action. It shall be the continuing duty of the director to discern patterns of complaints and to ascertain the nature and extent of action taken with respect to the probable violations or pattern of complaints. |
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| 58 | 58 | | 326. (a) Upon receipt of any complaint pursuant to Section 325, the director may notify the person against whom the complaint is made of the nature of the complaint and may request appropriate relief for the consumer. |
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| 60 | 60 | | (b) (1) The director shall also transmit any valid complaint to the local, state state, or federal agency whose authority provides the most effective means to secure the relief. |
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| 62 | 62 | | The |
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| 66 | 66 | | (2) The director shall, if appropriate, advise shall advise, within 60 calendar days of the date that the complaint is deemed closed, the consumer of the action taken on the complaint and of any other means which may be available to the consumer to secure relief. relief, unless doing so would be injurious to the public health, safety, or welfare. |
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| 68 | 68 | | (c) If the director receives a complaint or receives information from any source indicating a probable violation of any law, rule, or order of any regulatory agency of the state, or if a pattern of complaints from consumers develops, the director shall transmit any complaint he or she considers they consider to be valid to any appropriate law enforcement or regulatory agency and any evidence or information he or she they may have concerning the probable violation or pattern of complaints or request the Attorney General to undertake appropriate legal action. It shall be the continuing duty of the director to discern patterns of complaints and to ascertain the nature and extent of action taken with respect to the probable violations or pattern of complaints. |
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