AB 265: Consumer protection: buy-here-pay-here dealers.

Existing law requires buy-here-pay-here dealers, as defined, to provide buyers with specific warranties, disclosures, and services. Existing law prohibits a buy-here-pay-here dealer from locating a vehicle with electronic tracking technology or disabling a vehicle with starter interrupt technology unless the dealer provides written disclosure to the buyer at the time the vehicle is purchased that the vehicle is equipped with starter interrupt technology and that disclosure informs the buyer that a warning will be provided no less than 48 hours before the use of the starter interrupt technology to shut down the vehicle remotely, as specified. Existing law provides that in the event of an emergency the buyer will be provided with the ability to start a dealer-disabled vehicle for no less than 24 hours after the vehicles initial disablement. Existing law makes a violation of this prohibition a misdemeanor punishable as a fine not exceeding $1,000.

This bill would instead require the written disclosure provided to the buyer at the time of sale to inform the buyer that a warning will be provided 5 days before the use of the starter interrupt technology for all weekly payment term contracts and 10 days before the use of starter interrupt technology on all other contracts and a final warning will be provided no less than 48 hours before the use of the starter interrupt technology to shut down the vehicle remotely, as specified. The bill would require the written disclosure provided to the buyer at the time of sale to inform the buyer that in the event of an emergency he or she will be provided with the ability to start a dealer-disabled vehicle for no less than 24 hours after the vehicles initial disablement. The bill would also increase the maximum fine amount from $1,000 to $2,000.

By expanding the scope of a crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.