California 2009-2010 Regular Session Status: To Executive

SB 340 — Advertising: automatic renewal and continuous service offers.

Last action — Chaptered by Secretary of State. Chapter 350, Statutes of 2009.

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

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law prohibits any person with intent directly or indirectly to dispose of real or personal property or to perform services, professional or otherwise, or anything of any nature whatsoever or to induce the public to enter into any obligation relating thereto, from making or disseminating or causing to be made or disseminated before the public in this state, or in any state, any statement concerning that property or those services that is untrue or misleading, and that is known to be untrue or misleading, or for any person to make or disseminate or cause to be made or disseminated a statement as part of a plan or scheme with the intent not to sell that property or those services so advertised at the price stated. A violation of these provisions is a crime, punishable by specified penalties, and a violation of those provisions is subject to specified civil liability. This bill would, on and after December 1, 2010, make it unlawful for any business making an automatic renewal, as defined, or continuous service, as defined, offer to a consumer in this state to, among other things, fail to present the automatic renewal or continuous service offer terms in a clear and conspicuous manner, charge the consumer for an automatic renewal or continuous service without first obtaining the consumer's affirmative consent, and to fail to provide an acknowledgment that includes the automatic renewal or continuous service offer terms, cancellation policy, and information regarding how to cancel in a manner that is capable of being retained by the consumer. In the case of a material change in the terms of the automatic renewal or continuous service offer, the bill would require the business to provide the consumer with a clear and conspicuous notice of the material change and information regarding how to cancel. The bill would declare the intent of the Legislature in this regard. The bill would provide that in any case in which a business sends any goods, wares, merchandise, or products to a consumer, under a continuous service agreement or automatic renewal of a purchase, without first obtaining the consumer's affirmative consent, the goods, wares, merchandise, or products shall for all purposes be deemed an unconditional gift to the consumer. A violation of the bill's provisions would not be a crime, but would be subject to enforcement by any available civil remedies, except as specified. The bill would exempt certain services and businesses from its provisions.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 350, Statutes of 2009.

  2. Approved by Governor.

  3. Enrolled. To Governor at 3:30 p.m.

  4. Senate concurs in Assembly amendments. (Ayes 36. Noes 0. Page 2022.) To enrollment.

  5. To Special Consent Calendar.

  6. In Senate. To unfinished business.

  7. Read third time. Passed. (Ayes 77. Noes 0. Page 2710.) To Senate.

  8. (Corrected August 25.)

  9. Read third time. Amended. (Page 2674.) To third reading.

  10. Action rescinded whereby bill read third time, passed, and to Senate.

  11. In Assembly. Held at Desk.

  12. Ordered returned to Assembly for further action.

  13. To unfinished business.

  14. From Special Consent Calendar.

  15. To Special Consent Calendar.

  16. In Senate. To unfinished business.

  17. Read third time. Passed. (Ayes 77. Noes 0. Page 2487.) To Senate.

  18. Read second time. To third reading.

  19. (Heard in committee on July 7.)

  20. From committee: Do pass. (Ayes 11. Noes 0.)

  21. Read second time. Amended. Re-referred to Com. on B. & P.

  22. (Heard in committee on June 30.)

  23. From committee: Do pass as amended, but first amend, and re-refer to Com. on B. & P. with recommendation: To Consent Calendar. (Ayes 10. Noes 0.)

  24. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on JUD.

  25. Set, first hearing. Hearing canceled at the request of author.

  26. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on JUD.

  27. To Com. on JUD.

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

  29. Read third time. Passed. (Ayes 37. Noes 0. Page 623.) To Assembly.

  30. To Special Consent Calendar.

  31. Read second time. Amended. To third reading.

  32. From committee: Do pass as amended. (Ayes 5. Noes 0. Page 497.)

  33. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on JUD.

  34. Set for hearing April 14.

  35. To Com. on JUD.

  36. From print. May be acted upon on or after March 28.

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

Sponsors

  • DeSaulnier · Cosponsor
  • Torlakson · Cosponsor
  • Yee · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 2 co-sponsors · 119 not signed on

Sponsors (1)

  • Yee

Co-sponsors (2)

  • DeSaulnier
  • Torlakson

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"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

Special Consent #17 SB340 Yee

Passed 37 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 35003
Democratic 1001
Republican 1000
Total 37004
% of votes cast 90%0%0%10%
How each member voted (41)
Member Party Vote
Yee — Yea
Cedillo — Yea
Corbett — Yea
Ducheny — Yea
Alquist — Yea
Wyland — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Hancock — Yea
Huff — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Ashburn — Not Voting
Dutton — Yea
Pavley — Yea
Romero — Yea
Walters — Yea
Wolk — Yea
Wright — Yea
Aanestad — Yea
Benoit — Yea
Harman — Not Voting
Hollingsworth — Yea
Kehoe — Yea
Maldonado — Yea
Oropeza — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Wiggins — Yea
Cogdill — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Not Voting
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Yea

Official roll call →

SB 340 Yee Senate Third Reading By TORLAKSON

Passed 89 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 83002
Republican 3000
Democratic 3000
Total 89002
% of votes cast 98%0%0%2%
How each member voted (91)
Member Party Vote
Hall — Not Voting
Carter — Yea
Yamada — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Audra — Yea
Saldana — Not Voting
Hill — Yea
Huffman — Yea
Jeffries — Yea
Knight — Yea
Bass — Yea
Krekorian — Yea
Lieu — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nava — Yea
Ruskin — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Tran — Yea
Eng — Yea
Feuer — Yea
Chesbro — Yea
Conway — Yea
Bill — Yea
Tom — Yea
Fuller — Yea
Furutani — Yea
Garrick — Yea
Gilmore — Yea
Charles — Yea
Hagman — Yea
Hayashi — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Anderson — Yea
Beall — Yea
Blakeslee — Yea
Cook — Yea
Duvall — Yea
Adams — Yea
Ammiano — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hernandez — Yea
Huber — Yea
Logue — Yea
Ma — Yea
Nestande — Yea
Nielsen — Yea
Silva — Yea
Smyth — Yea
Torlakson — Yea
Villines — Yea
Emmerson — Yea
Coto — Yea
Evans — Yea
Davis — Yea
DeVore — Yea
Fuentes — Yea
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

SB 340 Yee Senate Third Reading By TORLAKSON

Passed 89 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 83002
Republican 3000
Democratic 3000
Total 89002
% of votes cast 98%0%0%2%
How each member voted (91)
Member Party Vote
Carter — Yea
Chesbro — Yea
Eng — Yea
Evans — Yea
Conway — Yea
Cook — Yea
Yamada — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Fletcher — Not Voting
Hayashi — Yea
Hernandez — Yea
Huffman — Yea
Jeffries — Yea
Knight — Yea
Bass — Yea
Krekorian — Yea
Lieu — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nava — Yea
Nestande — Yea
Ruskin — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Not Voting
Coto — Yea
Bill — Yea
Tom — Yea
Feuer — Yea
Fuentes — Yea
Furutani — Yea
Galgiani — Yea
Garrick — Yea
Charles — Yea
Hagman — Yea
Hall — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Ammiano — Yea
Anderson — Yea
Beall — Yea
Blakeslee — Yea
Davis — Yea
Duvall — Yea
Adams — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hill — Yea
Huber — Yea
Logue — Yea
Ma — Yea
Nielsen — Yea
Silva — Yea
Smyth — Yea
Swanson — Yea
Torrico — Yea
Emmerson — Yea
DeVore — Yea
Fuller — Yea
Gilmore — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 12000
Republican 1000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
Eng — Yea
John — Yea
A. — Yea
Perez — Yea
Hayashi — Yea
Hernandez — Yea
Monning — Yea
Nava — Yea
Ruskin — Yea
Smyth — Yea
Conway — Yea
Emmerson — Yea
Niello, Roger W. Republican Yea

Official roll call →

Amend, and do pass as amended and be re-referred to the Committee on Business and Professions with the recommendation: To Consent Calendar.

Passed 10 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Republican 1000
Total 10000
% of votes cast 100%0%0%0%
How each member voted (10)
Member Party Vote
Evans — Yea
Krekorian — Yea
Lieu — Yea
Monning — Yea
Silva — Yea
Tran — Yea
Brownley — Yea
Knight — Yea
Feuer — Yea
Jones, Brian W. Republican Yea

Official roll call →

Special Consent #1 SB340 Yee

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 34002
Democratic 3000
Republican 1000
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Yee — Yea
Cedillo — Yea
Cogdill — Yea
Corbett — Yea
Wyland — Yea
Ducheny — Not Voting
Dutton — Yea
Hancock — Yea
Hollingsworth — Yea
Huff — Yea
Kehoe — Yea
Liu — Yea
Negrete — Yea
Runner — Yea
McLeod — Yea
Oropeza — Yea
Pavley — Yea
Romero — Yea
Alquist — Yea
Ashburn — Yea
Benoit — Yea
Simitian — Yea
Walters — Yea
Wright — Yea
Aanestad — Yea
Harman — Not Voting
Leno — Yea
Maldonado — Yea
Steinberg — Yea
Wiggins — Yea
Wolk — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 5 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Total 5000
% of votes cast 100%0%0%0%
How each member voted (5)
Member Party Vote
Corbett — Yea
Florez — Yea
Harman — Yea
Leno — Yea
Walters — Yea

Official roll call →

Subjects

finance
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Frequently asked questions

What does SB 340 do?
Existing law prohibits any person with intent directly or indirectly to dispose of real or personal property or to perform services, professional or otherwise, or anything of any nature whatsoever or to induce the public to enter into any obligation relating thereto, from making or disseminating or causing to be made or disseminated before the public in this state, or in any state, any statement concerning that property or those services that is untrue or misleading, and that is known to be untrue or misleading, or for any person to make or disseminate or cause to be made or disseminated a statement as part of a plan or scheme with the intent not to sell that property or those services so advertised at the price stated. A violation of these provisions is a crime, punishable by specified penalties, and a violation of those provisions is subject to specified civil liability. This bill would, on and after December 1, 2010, make it unlawful for any business making an automatic renewal, as defined, or continuous service, as defined, offer to a consumer in this state to, among other things, fail to present the automatic renewal or continuous service offer terms in a clear and conspicuous manner, charge the consumer for an automatic renewal or continuous service without first obtaining the consumer's affirmative consent, and to fail to provide an acknowledgment that includes the automatic renewal or continuous service offer terms, cancellation policy, and information regarding how to cancel in a manner that is capable of being retained by the consumer. In the case of a material change in the terms of the automatic renewal or continuous service offer, the bill would require the business to provide the consumer with a clear and conspicuous notice of the material change and information regarding how to cancel. The bill would declare the intent of the Legislature in this regard. The bill would provide that in any case in which a business sends any goods, wares, merchandise, or products to a consumer, under a continuous service agreement or automatic renewal of a purchase, without first obtaining the consumer's affirmative consent, the goods, wares, merchandise, or products shall for all purposes be deemed an unconditional gift to the consumer. A violation of the bill's provisions would not be a crime, but would be subject to enforcement by any available civil remedies, except as specified. The bill would exempt certain services and businesses from its provisions.
Who sponsors SB 340?
SB 340 is sponsored by DeSaulnier, Torlakson, and Yee.
What is the current status of SB 340?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 340?
Track SB 340 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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