California 2013-2014 Regular Session Status: Enacted

AB 2365 — Contracts: unlawful contracts.

Last action — Chaptered by Secretary of State - Chapter 308, Statutes of 2014.

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

This bill has been enacted into law. Introduced February 21, 2014. Enacted.

Prognosis

Likely to advance 70% · 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.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 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

Existing law generally regulates formation and enforcement of contracts, including what constitutes an unlawful contract. Under existing law a contract is unlawful if it is contrary to an express provision of law, contrary to the policy of express law, though not expressly prohibited, or otherwise contrary to good morals. This bill would prohibit a contract or proposed contract for the sale or lease of consumer goods or services from including a provision waiving the consumer's right to make any statement regarding the seller or lessor or its employees or agents, or concerning the goods or services. The bill would make it unlawful to threaten or to seek to enforce, a provision made unlawful under the bill, or to otherwise penalize a consumer for making any statement protected under the bill. The bill would impose civil penalties upon any person who violates the provisions of the bill, of $2,500 for the initial violation and $5,000 for each subsequent violation, as well as an additional penalty of $10,000 if the violation was willful, intentional, or reckless. The bill would authorize the consumer, the Attorney General, or a district attorney or city attorney to bring a civil action for a violation of the provisions of the bill. The bill would provide that the penalty set forth in the bill is not an exclusive remedy, and does not affect any other relief or remedy provided by law. The bill would not prohibit or limit a person or business that hosts online consumer reviews or comments from removing a statement that is otherwise lawful to remove.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 308, Statutes of 2014.

  2. Approved by the Governor.

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

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 63. Noes 14. Page 6104.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 15 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 27. Noes 9. Page 4463.).

  7. Read second time. Ordered to third reading.

  8. Read third time and amended. Ordered to second reading.

  9. Read second time. Ordered to third reading.

  10. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  11. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (June 24). Re-referred to Com. on APPR.

  12. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

  13. Referred to Com. on JUD.

  14. In Senate. Read first time. To Com. on RLS. for assignment.

  15. Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 2. Page 4951.)

  16. Read second time. Ordered to third reading.

  17. From committee: Do pass. (Ayes 14. Noes 3.) (May 7).

  18. Re-referred to Com. on APPR.

  19. Read second time and amended.

  20. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (April 22).

  21. Referred to Com. on JUD.

  22. Read first time.

  23. From printer. May be heard in committee March 25.

  24. Introduced. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 6 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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

AB 2365 PÉREZ, J. Concurrence in Senate Amendments

Passed 63 Yea · 14 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 591102
Democratic 4000
Republican 0300
Total 631402
% of votes cast 80%18%0%3%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bigelow — Nay
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Harkey — Nay
Holden — Yea
Linder — Nay
Maienschein — Yea
Mansoor — Nay
Mullin — Yea
Nestande — Yea
Rodriguez — Yea
Wagner — Nay
Wieckowski — Yea
Frazier — Yea
Lowenthal — Yea
Gordon — Yea
Garcia — Yea
Gray — Yea
Atkins — Yea
Hagman — Nay
Fong — Yea
Campos — Yea
Chau — Yea
Bonilla — Yea
Hall — Yea
Jones-Sawyer — Yea
Levine — Yea
Medina — Yea
Melendez — Yea
Bocanegra — Yea
Nazarian — Yea
John A. Pérez — Yea
Olsen — Yea
Salas — Yea
Pan — Yea
Perea — Yea
Quirk — Yea
Ammiano — Yea
Chesbro — Yea
Chávez — Yea
Cooley — Yea
Dababneh — Yea
Daly — Yea
Donnelly — Nay
Eggman — Yea
Rendon — Yea
Ridley-Thomas — Yea
Skinner — Yea
Ting — Yea
Waldron — Yea
Weber — Yea
Williams — Yea
Allen — Nay
Gomez — Not Voting
Conway — Not Voting
Logue — Nay
Wilk — Nay
Dickinson — Yea
Fox — Yea
Gatto — Yea
Yamada — Yea
Gorell — Yea
Beth Gaines — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading AB2365 John A. Pérez By Monning

Passed 27 Yea · 9 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 25903
Democratic 2001
Total 27904
% of votes cast 68%23%0%10%
How each member voted (40)
Member Party Vote
Beall — Yea
Huff — Nay
Nielsen — Nay
Pavley — Yea
Correa — Yea
Evans — Yea
Wyland — Nay
DeSaulnier — Yea
Wright — Not Voting
Mitchell — Yea
De León — Yea
Cannella — Yea
Hernandez — Yea
Hill — Yea
Corbett — Yea
Hueso — Yea
Anderson — Nay
Block — Yea
Knight — Nay
Lara — Yea
Leno — Yea
Lieu — Yea
Liu — Yea
Monning — Yea
Morrell — Nay
Roth — Yea
Steinberg — Yea
Torres — Yea
Vidak — Yea
Walters — Nay
Wolk — Yea
Fuller — Yea
Galgiani — Yea
Yee — Not Voting
Hancock — Not Voting
Beth Gaines — Nay
Bill Berryhill — Nay
Calderon, Lisa Democratic Not Voting
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

AB 2365 PÉREZ, J. Assembly Third Reading

Passed 74 Yea · 2 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 68103
Democratic 4000
Republican 2100
Total 74203
% of votes cast 94%3%0%4%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Ammiano — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Harkey — Yea
Jones-Sawyer — Yea
Linder — Yea
Maienschein — Yea
Mansoor — Not Voting
Melendez — Yea
Nazarian — Yea
Pan — Yea
Rendon — Yea
Rodriguez — Yea
Waldron — Yea
Wilk — Not Voting
Chávez — Yea
Fox — Yea
Frazier — Yea
Allen — Yea
Lowenthal — Yea
Gatto — Yea
Gomez — Yea
Garcia — Yea
Gorell — Yea
Gray — Yea
Atkins — Yea
Fong — Yea
Dababneh — Yea
Bonilla — Yea
Hall — Yea
Bigelow — Yea
Daly — Yea
Eggman — Yea
Holden — Yea
Levine — Yea
Logue — Yea
Medina — Yea
Olsen — Yea
Quirk — Yea
Ridley-Thomas — Yea
Skinner — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Campos — Yea
Chau — Yea
Chesbro — Yea
Conway — Not Voting
Cooley — Yea
Donnelly — Nay
Mullin — Yea
Nestande — Yea
Perea — Yea
Ting — Yea
Wagner — Yea
Weber — Yea
Wieckowski — Yea
Williams — Yea
Dickinson — Yea
Yamada — Yea
Gordon — Yea
Hagman — Yea
Beth Gaines — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Nay

Official roll call →

Do pass.

Passed 14 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13200
Democratic 1000
Republican 0100
Total 14300
% of votes cast 82%18%0%0%
How each member voted (17)
Member Party Vote
Bradford — Yea
Linder — Yea
Pan — Yea
Ridley-Thomas — Yea
Wagner — Yea
Bocanegra — Yea
Holden — Yea
Campos — Yea
Bigelow — Nay
Donnelly — Nay
Eggman — Yea
Quirk — Yea
Weber — Yea
Gatto — Yea
Gomez — Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Nay

Official roll call →

Subjects

finance civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 2365 do?
Existing law generally regulates formation and enforcement of contracts, including what constitutes an unlawful contract. Under existing law a contract is unlawful if it is contrary to an express provision of law, contrary to the policy of express law, though not expressly prohibited, or otherwise contrary to good morals. This bill would prohibit a contract or proposed contract for the sale or lease of consumer goods or services from including a provision waiving the consumer's right to make any statement regarding the seller or lessor or its employees or agents, or concerning the goods or services. The bill would make it unlawful to threaten or to seek to enforce, a provision made unlawful under the bill, or to otherwise penalize a consumer for making any statement protected under the bill. The bill would impose civil penalties upon any person who violates the provisions of the bill, of $2,500 for the initial violation and $5,000 for each subsequent violation, as well as an additional penalty of $10,000 if the violation was willful, intentional, or reckless. The bill would authorize the consumer, the Attorney General, or a district attorney or city attorney to bring a civil action for a violation of the provisions of the bill. The bill would provide that the penalty set forth in the bill is not an exclusive remedy, and does not affect any other relief or remedy provided by law. The bill would not prohibit or limit a person or business that hosts online consumer reviews or comments from removing a statement that is otherwise lawful to remove.
Who sponsors AB 2365?
AB 2365 is sponsored by V. Manuel Pérez.
What is the current status of AB 2365?
This bill has been enacted into law. Introduced February 21, 2014. Enacted.
Where can I track AB 2365?
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