California 2023-2024 Regular Session Status: Enacted 5 D cosponsors

SB 478 — Consumers Legal Remedies Act: advertisements.

Last action — Chaptered by Secretary of State. Chapter 400, Statutes of 2023.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 14, 2023. Enacted.

Signed by Governor Gavin Newsom (Democratic) on October 07, 2023.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 9 sponsors

    1 primary, 8 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (5 D).

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

The False Advertising Law makes it a crime for a person or a firm, corporation, or association, or any employee thereof, to engage in specified false or misleading advertising practices. The Unfair Competition Law makes various unfair competition practices unlawful, including any unlawful, unfair, or fraudulent business act or practice and unfair, deceptive, untrue, or misleading advertising. The Consumers Legal Remedies Act makes unlawful certain unfair methods of competition and certain unfair or deceptive acts or practices undertaken by a person in a transaction intended to result or that results in the sale or lease of goods or services to a consumer, including advertising goods or services with intent not to sell them as advertised. Existing law authorizes a consumer who suffers damage as a result of the use or employment by a person of a method, act, or practice declared to be unlawful by that provision to bring an action against that person to recover or obtain certain relief, including actual damages of at least $1,000. This bill would, beginning on July 1, 2024, with specified exceptions, additionally make unlawful advertising, displaying, or offering a price for a good or service that does not include all mandatory fees or charges other than taxes or fees imposed by a government on the transaction, as specified. The bill would provide that assessments made pursuant to the California Tourism Marketing Act and the Parking and Business Improvement Area Law of 1989, and business assessments made pursuant to the Property and Business Improvement District Law of 1994, are fees imposed by a government on the transaction for purposes of these provisions. Existing law authorizes vehicle rental companies, when providing a quote or imposing charges for a rental, to separately state specified rates and charges that a renter must pay to hire or lease the vehicle for the period of time to which the rental rate applies. Existing law prohibits a rental company from imposing charges or fees in addition to the rental rate unless specified conditions are met. Existing law requires the rate advertisements of vehicle rental companies to include a disclaimer providing that additional mandatory charges may be imposed, as specified. This bill would provide that a rental company is not in violation of unlawful advertising, displaying, or offering a price for a good or service for excluding from the advertised, displayed, or offered price of a rental vehicle charges that are disclosed to the consumer in compliance with the above-described provisions. Existing law requires any solicitation to enter into a lease contract that includes the amount of any payment, as specified, to also state, among other things, "Plus tax and license" or a substantially similar statement, if amounts due for use tax, license fees, and registration fees are not included in the payments. This bill would specify that a lessor is not in violation of this prohibition against unlawfully advertising, displaying, or offering a price for a good or service because it excludes from the advertised, displayed, or offered lease payment a fee or charge in accordance with the provision described above. Existing law imposes specified requirements on dealers of motor vehicles and motorcycles sold or leased in this state. Existing law prohibits a holder of a dealer's license from doing specified acts, including advertising the total price of a vehicle without including all costs to the purchaser at time of sale, except taxes, vehicle registration fees, the California tire fee, emission testing charges not exceeding $50, actual fees charged for certificates, finance charges, and any dealer document processing charge or charge to electronically register or transfer the vehicle. This bill would specify that a holder of a dealer's license is not in violation of unlawful advertising, displaying, or offering a price for a good or service for excluding from the advertised, displayed, or offered price of a vehicle a tax, a vehicle registration fee, the California tire fee, an emission testing charge not exceeding $50, an actual fee charged for a certificate, a finance charge, or a dealer document processing charge or charge to electronically register or transfer the vehicle. Existing law imposes specified requirements on manufacturers of motor vehicles and motorcycles and prohibits a person from acting as a motor vehicle manufacturer without having first been issued a license by the Department of Motor Vehicles, as specified. This bill would specify that a motor vehicle manufacturer, or any other person, that advertises a motor vehicle manufacturer's suggested retail price (MSRP) set by an automobile manufacturer, or lease payments based upon an MSRP, does not, by doing so, violate the prohibition described above relating to unlawful advertising, displaying, or offering a price for a good or service.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 400, Statutes of 2023.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4:30 p.m.

  4. Assembly amendments concurred in. (Ayes 30. Noes 8. Page 2616.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 60. Noes 14. Page 3139.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended.

  9. Assembly Rule 69 suspended.

  10. Read second time. Ordered to third reading.

  11. Read second time and amended. Ordered to second reading.

  12. From committee: Do pass as amended. (Ayes 8. Noes 2.) (July 11).

  13. From committee: Do pass and re-refer to Com. on P. & C.P. (Ayes 8. Noes 3.) (June 27). Re-referred to Com. on P. & C.P.

  14. Re-referred to Coms. on JUD. and P. & C.P. pursuant to Assembly Rule 96.

  15. Referred to Coms. on P. & C.P. and JUD.

  16. In Assembly. Read first time. Held at Desk.

  17. Read third time. Passed. (Ayes 31. Noes 3. Page 1392.) Ordered to the Assembly.

  18. Read second time. Ordered to third reading.

  19. Read second time and amended. Ordered to second reading.

  20. From committee: Do pass as amended. (Ayes 4. Noes 2. Page 1171.) (May 18).

  21. Set for hearing May 18.

  22. May 8 hearing: Placed on APPR suspense file.

  23. Set for hearing May 8.

  24. From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 1. Page 893.) (April 25). Re-referred to Com. on APPR.

  25. Set for hearing April 25.

  26. April 11 set for first hearing canceled at the request of author.

  27. Set for hearing April 11.

  28. Referred to Coms. on JUD. and APPR.

  29. From printer. May be acted upon on or after March 17.

  30. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 8 co-sponsors · 113 not signed on · 19 voted No

Sponsors (1)

  • Dodd

Co-sponsors (8)

Not signed on (113)

113 members have not signed on to this bill.

Show all 113 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB478 Dodd et al. Concurrence

Passed 30 Yea · 8 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 10100
Democratic 20101
Republican 0601
Total 30802
% of votes cast 75%20%0%5%
How each member voted (40)
Member Party Vote
Roth — Yea
Atkins — Yea
Portantino — Yea
Newman — Yea
Min — Yea
Eggman — Yea
Glazer — Yea
Dodd — Yea
Bradford — Yea
Skinner — Yea
Wilk — Nay
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Ashby, Angelique V. Democratic Yea
Becker, Josh Democratic Yea
Blakespear, Catherine S. Democratic Yea
Caballero, Anna M. Democratic Not Voting
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Menjivar, Caroline Democratic Yea
Nguyen, Stephanie Democratic Nay
Padilla, Stephen C. Democratic Yea
Rubio, Susan Democratic Yea
Smallwood-Cuevas, Lola Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Wiener, Scott D. Democratic Yea
Alvarado-Gil, Marie Republican Nay
Dahle, Megan Republican Nay
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Nay
Niello, Roger W. Republican Nay
Ochoa Bogh, Rosilicie Republican Nay
Seyarto, Kelly Republican Nay

Official roll call →

SB 478 Dodd Senate Third Reading By Bauer-Kahan

Passed 60 Yea · 14 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 15302
Democratic 45002
Republican 01102
Total 601406
% of votes cast 75%18%0%8%
How each member voted (80)
Member Party Vote
Wood — Yea
Waldron — Yea
Santiago — Yea
Mathis — Nay
Essayli — Not Voting
Rodriguez — Not Voting
Holden — Yea
Maienschein — Yea
Villapudua — Yea
Ting — Yea
Jones-Sawyer — Yea
McCarty — Yea
Rendon — Yea
Friedman — Yea
Low — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Luz Rivas — Yea
Vince Fong — Nay
Wendy Carrillo — Yea
Addis, Dawn Democratic Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bains, Jasmeet Democratic Not Voting
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Connolly, Damon Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Irwin, Jacqui Democratic Yea
Jackson, Corey A. Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Lowenthal, Josh Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Ortega, Liz Democratic Yea
Pacheco, Blanca Democratic Yea
Papan, Diane Democratic Yea
Pellerin, Gail Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Schiavo, Pilar Democratic Yea
Soria, Esmeralda Democratic Yea
Valencia, Avelino Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Zbur, Rick Chavez Democratic Yea
Alanis, Juan Republican Nay
Chen, Phillip Republican Nay
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay
Dixon, Diane Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Not Voting
Hoover, Josh Republican Nay
Lackey, Tom Republican Nay
Patterson, Joe Republican Nay
Sanchez, Kate Republican Nay
Ta, Tri Republican Nay
Wallis, Greg Republican Not Voting

Official roll call →

Do pass as amended.

Passed 8 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 8000
Unaffiliated 0200
Republican 0001
Total 8201
% of votes cast 73%18%0%9%
How each member voted (11)
Member Party Vote
Essayli — Nay
Vince Fong — Nay
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lowenthal, Josh Democratic Yea
Papan, Diane Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Patterson, Joe Republican Not Voting

Official roll call →

Do pass and be re-referred to the Committee on [Privacy and Consumer Protection]

Passed 8 Yea · 3 Nay
Party YeaNayPresentNot Voting
Democratic 7000
Unaffiliated 1100
Republican 0200
Total 8300
% of votes cast 73%27%0%0%
How each member voted (11)
Member Party Vote
Maienschein — Yea
Essayli — Nay
Connolly, Damon Democratic Yea
Haney, Matt Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Pacheco, Blanca Democratic Yea
Papan, Diane Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Dixon, Diane Republican Nay
Sanchez, Kate Republican Nay

Official roll call →

3rd Reading SB478 Dodd et al.

Passed 31 Yea · 3 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 10001
Democratic 21001
Republican 0304
Total 31306
% of votes cast 78%8%0%15%
How each member voted (40)
Member Party Vote
Roth — Yea
Atkins — Yea
Portantino — Yea
Newman — Yea
Min — Yea
Eggman — Yea
Glazer — Yea
Dodd — Yea
Bradford — Yea
Skinner — Yea
Wilk — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Ashby, Angelique V. Democratic Yea
Becker, Josh Democratic Yea
Blakespear, Catherine S. Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Menjivar, Caroline Democratic Yea
Nguyen, Stephanie Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Rubio, Susan Democratic Yea
Smallwood-Cuevas, Lola Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Wiener, Scott D. Democratic Yea
Alvarado-Gil, Marie Republican Not Voting
Dahle, Megan Republican Not Voting
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Nay
Niello, Roger W. Republican Nay
Ochoa Bogh, Rosilicie Republican Not Voting
Seyarto, Kelly Republican Nay

Official roll call →

Do pass, but first be re-referred to the Committee on [Appropriations]

Passed 9 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 1001
Democratic 8000
Republican 0100
Total 9101
% of votes cast 82%9%0%9%
How each member voted (11)
Member Party Vote
Min — Yea
Wilk — Not Voting
Allen, Benjamin Democratic Yea
Ashby, Angelique V. Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Laird, John Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Niello, Roger W. Republican Nay

Official roll call →

Subjects

finance civil-rights
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Frequently asked questions

What does SB 478 do?
The False Advertising Law makes it a crime for a person or a firm, corporation, or association, or any employee thereof, to engage in specified false or misleading advertising practices. The Unfair Competition Law makes various unfair competition practices unlawful, including any unlawful, unfair, or fraudulent business act or practice and unfair, deceptive, untrue, or misleading advertising. The Consumers Legal Remedies Act makes unlawful certain unfair methods of competition and certain unfair or deceptive acts or practices undertaken by a person in a transaction intended to result or that results in the sale or lease of goods or services to a consumer, including advertising goods or services with intent not to sell them as advertised. Existing law authorizes a consumer who suffers damage as a result of the use or employment by a person of a method, act, or practice declared to be unlawful by that provision to bring an action against that person to recover or obtain certain relief, including actual damages of at least $1,000. This bill would, beginning on July 1, 2024, with specified exceptions, additionally make unlawful advertising, displaying, or offering a price for a good or service that does not include all mandatory fees or charges other than taxes or fees imposed by a government on the transaction, as specified. The bill would provide that assessments made pursuant to the California Tourism Marketing Act and the Parking and Business Improvement Area Law of 1989, and business assessments made pursuant to the Property and Business Improvement District Law of 1994, are fees imposed by a government on the transaction for purposes of these provisions. Existing law authorizes vehicle rental companies, when providing a quote or imposing charges for a rental, to separately state specified rates and charges that a renter must pay to hire or lease the vehicle for the period of time to which the rental rate applies. Existing law prohibits a rental company from imposing charges or fees in addition to the rental rate unless specified conditions are met. Existing law requires the rate advertisements of vehicle rental companies to include a disclaimer providing that additional mandatory charges may be imposed, as specified. This bill would provide that a rental company is not in violation of unlawful advertising, displaying, or offering a price for a good or service for excluding from the advertised, displayed, or offered price of a rental vehicle charges that are disclosed to the consumer in compliance with the above-described provisions. Existing law requires any solicitation to enter into a lease contract that includes the amount of any payment, as specified, to also state, among other things, "Plus tax and license" or a substantially similar statement, if amounts due for use tax, license fees, and registration fees are not included in the payments. This bill would specify that a lessor is not in violation of this prohibition against unlawfully advertising, displaying, or offering a price for a good or service because it excludes from the advertised, displayed, or offered lease payment a fee or charge in accordance with the provision described above. Existing law imposes specified requirements on dealers of motor vehicles and motorcycles sold or leased in this state. Existing law prohibits a holder of a dealer's license from doing specified acts, including advertising the total price of a vehicle without including all costs to the purchaser at time of sale, except taxes, vehicle registration fees, the California tire fee, emission testing charges not exceeding $50, actual fees charged for certificates, finance charges, and any dealer document processing charge or charge to electronically register or transfer the vehicle. This bill would specify that a holder of a dealer's license is not in violation of unlawful advertising, displaying, or offering a price for a good or service for excluding from the advertised, displayed, or offered price of a vehicle a tax, a vehicle registration fee, the California tire fee, an emission testing charge not exceeding $50, an actual fee charged for a certificate, a finance charge, or a dealer document processing charge or charge to electronically register or transfer the vehicle. Existing law imposes specified requirements on manufacturers of motor vehicles and motorcycles and prohibits a person from acting as a motor vehicle manufacturer without having first been issued a license by the Department of Motor Vehicles, as specified. This bill would specify that a motor vehicle manufacturer, or any other person, that advertises a motor vehicle manufacturer's suggested retail price (MSRP) set by an automobile manufacturer, or lease payments based upon an MSRP, does not, by doing so, violate the prohibition described above relating to unlawful advertising, displaying, or offering a price for a good or service.
Who sponsors SB 478?
SB 478 is sponsored by Dodd, Skinner, Friedman, Blakespear, Catherine S. (Democratic), Min, Padilla, Stephen C. (Democratic), Bauer-Kahan, Rebecca (Democratic), Kalra, Ash (Democratic), and Wicks, Buffy (Democratic).
What is the current status of SB 478?
This bill has been enacted into law. Introduced February 14, 2023. Enacted.
Where can I track SB 478?
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