AB 1871: Vehicle history reports.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2022-09-30
Existing law, with certain exceptions, prohibits a dealer from displaying or offering for sale at retail a used vehicle unless the dealer first obtains a vehicle history report from the National Motor Vehicle Title Information System (NMVTIS). Existing law authorizes the NMVTIS data provider to include in the vehicle history report additional history information obtained from resources other than NMVTIS, as specified.
This bill would require a vehicle history report, as defined, to clearly and conspicuously disclose contact information of the vehicle history report provider, by which a consumer can submit an inquiry regarding the vehicle history information contained in the report, as specified. The bill would specify a process by which the vehicle history report provider would be required to confirm and respond to inquiries. The bill would declare any attempted waiver of these provisions void as contrary to public policy.
Existing law, with certain exceptions, prohibits a dealer from displaying or offering for sale at retail a used vehicle unless the dealer first obtains a vehicle history report from the National Motor Vehicle Title Information System (NMVTIS). Existing law authorizes the NMVTIS data provider to include in the vehicle history report additional history information obtained from resources other than NMVTIS, as specified.
This bill would require a vehicle history report, as defined, to clearly and conspicuously disclose contact information of the vehicle history report provider, by which a consumer can submit an inquiry regarding the vehicle history information contained in the report, as specified. The bill would specify a process by which the vehicle history report provider would be required to confirm and respond to inquiries. The bill would declare any attempted waiver of these provisions void as contrary to public policy.
Existing law, with certain exceptions, prohibits a dealer from displaying or offering for sale at retail a used vehicle unless the dealer first obtains a vehicle history report from the National Motor Vehicle Title Information System (NMVTIS). Existing law authorizes the NMVTIS data provider to include in the vehicle history report additional history information obtained from resources other than NMVTIS, as specified.
This bill would require a vehicle history report, as defined, to clearly and accurately identify the source of each item included in the report, as specified. The bill would authorize a person to bring a cause of action for receipt of a vehicle history report that does not comply with these requirements and would authorize the person to obtain relief, as specified. conspicuously disclose contact information of the vehicle history report provider, by which a consumer can submit an inquiry regarding the vehicle history information contained in the report, as specified. The bill would specify a process by which the vehicle history report provider would be required to confirm and respond to inquiries. The bill would declare any attempted waiver of these provisions void as contrary to public policy.
Existing law, with certain exceptions, prohibits a dealer from displaying or offering for sale at retail a used vehicle unless the dealer first obtains a vehicle history report from the National Motor Vehicle Title Information System (NMVTIS). Existing law authorizes the NMVTIS data provider to include in the vehicle history report additional history information obtained from resources other than NMVTIS, as specified.
This bill would require a vehicle history report, as defined, to clearly and accurately identify the source of each item included in the report, as specified. The bill would authorize a person to bring a cause of action for receipt of a vehicle history report that does not comply with these requirements and would authorize the person to obtain relief, as specified. The bill would declare any attempted waiver of these provisions void as contrary to public policy.
Existing law, with certain exceptions, prohibits a dealer from displaying or offering for sale at retail a used vehicle unless the dealer first obtains a vehicle history report from the National Motor Vehicle Title Information System (NMVTIS). Existing law authorizes the NMVTIS data provider to include in the vehicle history report additional history information obtained from resources other than NMVTIS, as specified.
This bill would require a vehicle history report, as defined, to clearly and accurately identify the source of each item included in the report, as specified. The bill would authorize a person to bring a cause of action for receipt of a vehicle history report that does not comply with these requirements and would authorize the person to obtain relief, as specified. The bill would declare any attempted waiver of these provisions void as contrary to public policy.
Existing law provides that a person who is entitled to recover damages certain, or capable of being made certain by calculation, and in whom the right to recover those damages vested on a particular day is also entitled to collect interest on the damages from that day, except as prescribed.This bill would make nonsubstantive changes to that provision.Existing law provides that a person who is entitled to recover damages certain, or capable of being made certain by calculation, and in whom the right to recover those damages vested on a particular day is also entitled to collect interest on the damages from that day, except as prescribed.
This bill would make nonsubstantive changes to that provision.
(a)For purposes of this section, the following definitions apply:
(1)Affiliate means any person or persons controlling, controlled by, or under common control with, other persons.
(2)Dealer has the same meaning as in Section 285 of the Vehicle Code.
(3)Vehicle has the same meaning as in Section 670 of the Vehicle Code.
(4)Vehicle history database means a database from which a person may obtain vehicle history information specific to a vehicle identification number (VIN).
(5)Vehicle history report provider means an entity that generates vehicle history reports from a vehicle history database that are provided directly to consumers for the purpose of selling or purchasing a vehicle. Vehicle history report provider does not include a dealer that obtains a vehicle history report from a third party that is not an affiliate of the dealer and who then communicates the vehicle history report without altering the vehicle history information therein.
(6)Vehicle history information includes, but is not limited to, any of the following related to a vehicle:
(A)Accident or damage information.
(B)The number of previous owners.
(C)Information regarding service or maintenance history.
(D)Odometer reading.
(7)Vehicle history report means any written or electronic communication of vehicle history information made by a vehicle history report provider that is made available to consumers.
(b)(1)Every vehicle history report shall clearly and conspicuously disclose the vehicle history report providers contact information by which an owner can submit an inquiry regarding the vehicle history information contained in a vehicle history report, including a request for a vehicle history report provider to research and address any potential discrepancies found within the vehicle history report.
(2)A vehicle history report provider shall confirm receipt of a California residents inquiry under paragraph (1) promptly, within three days of receipt. The confirmation shall include a means to obtain regular updates until the request is completed.
(3)A vehicle history report provider shall use reasonable efforts to complete the inquiry within 14 days from the date it was received. If there is a delay in completing the inquiry that is beyond the reasonable control of the vehicle history report provider, the 14-day requirement is waived and the vehicle history report provider shall promptly notify the consumer of the delay no later than the 15th day from the date the inquiry was received and shall provide the requester weekly updates thereafter until the inquiry is completed.
(c)Any attempted waiver of the provisions of this section is contrary to public policy, and is void and unenforceable.
(d)This section does not relieve any party of its responsibilities under Section 11713.26 of the Vehicle Code. To the extent that a provision of this section conflicts with Section 11713.26 of the Vehicle Code, Section 11713.26 of the Vehicle Code shall control.
(a)For purposes of this section, the following definitions apply:
(1)Affiliate means any person or persons controlling, controlled by, or under common control with, other persons.
(2)Dealer has the same meaning as in Section 285 of the Vehicle Code.
(3)Vehicle has the same meaning as in Section 670 of the Vehicle Code.
(4)Vehicle history database means a database from which a person may obtain vehicle history information specific to a vehicle identification number (VIN).
(5)Vehicle history report provider means an entity that generates vehicle history reports from a vehicle history database that are provided directly to consumers for the purpose of selling or purchasing a vehicle. Vehicle history report provider does not include a dealer that obtains a vehicle history report from a third party that is not an affiliate of the dealer and who then communicates the vehicle history report without altering the vehicle history information therein.
(6)Vehicle history information includes, but is not limited to, any of the following related to a vehicle:
(A)Accident or damage information.
(B)The number of previous owners.
(C)Information regarding service or maintenance history.
(D)Odometer reading.
(7)Vehicle history report means any written or electronic communication of vehicle history information made by a vehicle history report provider that is made available to consumers.
(b)(1)Every vehicle history report shall clearly and conspicuously disclose the vehicle history report providers contact information by which an owner can submit an inquiry regarding the vehicle history information contained in a vehicle history report, including a request for a vehicle history report provider to research and address any potential discrepancies found within the vehicle history report.
(2)A vehicle history report provider shall confirm receipt of a California residents inquiry under paragraph (1) promptly, within three days of receipt. The confirmation shall include a means to obtain regular updates until the request is completed.
(3)A vehicle history report provider shall use reasonable efforts to complete the inquiry within 14 days from the date it was received. If there is a delay in completing the inquiry that is beyond the reasonable control of the vehicle history report provider, the 14-day requirement is waived and the vehicle history report provider shall promptly notify the consumer of the delay no later than the 15th day from the date the inquiry was received and shall provide the requester weekly updates thereafter until the inquiry is completed.
(c)Any attempted waiver of the provisions of this section is contrary to public policy, and is void and unenforceable.
(d)This section does not relieve any party of its responsibilities under Section 11713.26 of the Vehicle Code. To the extent that a provision of this section conflicts with Section 11713.26 of the Vehicle Code, Section 11713.26 of the Vehicle Code shall control.
(a)For purposes of this section, the following definitions apply:
(1)Affiliate means any person or persons controlling, controlled by, or under common control with, other persons.
(2)Dealer has the same meaning as in Section 285 of the Vehicle Code.
(3)Vehicle has the same meaning as in Section 670 of the Vehicle Code.
(4)Vehicle history database means a database from which a person may obtain vehicle history information specific to a vehicle identification number (VIN).
(5)Vehicle history database report provider means an entity that generates vehicle history reports from a vehicle history database that are provided directly to consumers for the purpose of selling or purchasing a vehicle. Vehicle history report provider does not include a dealer that obtains a vehicle history report from a third party that is not an affiliate of the dealer and who then communicates the vehicle history report without altering the vehicle history information therein.
(6)Vehicle history information includes, but is not limited to, any of the following related to a vehicle:
(A)Accident or damage information.
(B)The number of previous owners.
(C)Information regarding service or maintenance history.
(D)Odometer reading.
(7)Vehicle history report means any written or electronic communication of vehicle history information made by a vehicle history database provider. report provider that is made available to consumers.
(b)(1)Every vehicle history report shall clearly and accurately conspicuously disclose the source for each item of vehicle history information it contains, including, for each source, all of the following: vehicle history report providers contact information by which an owner can submit an inquiry regarding the vehicle history information contained in a vehicle history report, including a request for a vehicle history report provider to research and address any potential discrepancies found within the vehicle history report.
(A)Name. If an entity is providing the information, then the name of the entity and not of a natural person who is an employee or agent of the entity. If a natural person is providing the information in their individual capacity, then the name of the natural person.(B)Mailing address.(C)Telephone number.(D)Email address, if available to the vehicle history report provider.(2)Source, for purposes of this subdivision, includes each intermediate provider of information, including, but not limited to, any aggregator or reseller of information, between the original source and the vehicle history report provider.(3)Mere provision of physical address, mailing address, telephone number, email address, internet address, QR code, or other method by which a person can request or obtain the source information required by paragraph (1) is insufficient to comply with the requirements of this subdivision.(4)Mere listing of sources of vehicle history information without clearly and accurately identifying the source or sources that correspond to each item of vehicle history information is insufficient to comply with the requirements of this subdivision.(c)(1)Any person who obtains a vehicle history report that fails to comply with subdivision (b) may bring a cause of action against the vehicle history report provider that communicated the report in order to recover any the following:(A)The greater of the following:(i)Any actual damages sustained by the person as a result of the violation.(ii)Statutory damages of one thousand dollars ($1,000) per violation.(B)An order directing the vehicle history report provider to correct the violation.(C)Any other relief that the court deems proper.(2)In the case of any successful cause of action under this subdivision, the court shall award costs of the action and reasonable attorneys fees, as determined by the court.(2)A vehicle history report provider shall confirm receipt of a California residents inquiry under paragraph (1) promptly, within three days of receipt. The confirmation shall include a means to obtain regular updates until the request is completed.
(3)A vehicle history report provider shall use reasonable efforts to complete the inquiry within 14 days from the date it was received. If there is a delay in completing the inquiry that is beyond the reasonable control of the vehicle history report provider, the 14-day requirement is waived and the vehicle history report provider shall promptly notify the consumer of the delay no later than the 15th day from the date the inquiry was received and shall provide the requester weekly updates thereafter until the inquiry is completed.
(d)(1)(c)Any attempted waiver of the provisions of this section is contrary to public policy, and is void and unenforceable.
(2)Any agreement obtained by a vehicle history database provider to secure defense or indemnification from a third party related to a violation of this section shall be void and unenforceable, unless the third party altered vehicle history information in the vehicle history report that is the basis of an action. (e)(d)This section does not relieve any party of its responsibilities under Section 11713.26 of the Vehicle Code. To the extent that a provision of this section conflicts with Section 11713.26 of the Vehicle Code, Section 11713.26 of the Vehicle Code shall control.
(a)For purposes of this section, the following definitions apply:
(1)Affiliate means any person or persons controlling, controlled by, or under common control with, other persons.
(2)Dealer has the same meaning as in Section 285 of the Vehicle Code.
(1)(3)Vehicle has the same meaning as in Section 670 of the Vehicle Code.
(2)(4)Vehicle history database means a database from which a person may obtain vehicle history information specific to a vehicle identification number (VIN).
(5)Vehicle history database provider does not include a dealer that obtains a vehicle history report from a third party that is not an affiliate of the dealer and then communicates the vehicle history report without altering the vehicle history information therein.
(3)(6)Vehicle history information includes, but is not limited to, any of the following related to a vehicle:
(A)Accident or damage information.
(B)The number of previous owners.
(C)Information regarding service or maintenance history.
(D)Odometer reading.
(4)(7)Vehicle history report means any written or electronic communication of vehicle history information made by a vehicle history database provider.
(b)(1)Every vehicle history report shall clearly and accurately disclose the source for each item of vehicle history information it contains, including, for each source, all of the following:
(A)Name. If an entity is providing the information, then the name of the entity and not of a natural person who is an employee or agent of the entity. If a natural person is providing the information in their individual capacity, then the name of the natural person.
(B)Mailing address.
(C)Telephone number.
(D)Email address, if available to the vehicle history report provider.
(2)Source, for purposes of this subdivision, includes each intermediate provider of information, including, but not limited to, any aggregator or reseller of information, between the original source and the vehicle history report provider.
(3)Mere provision of physical address, mailing address, telephone number, email address, internet address, QR code, or other method by which a person can request or obtain the source information required by paragraph (1) is insufficient to comply with the requirements of this subdivision.
(4)Mere listing of sources of vehicle history information without clearly and accurately identifying the source or sources that correspond to each item of vehicle history information is insufficient to comply with the requirements of this subdivision.
(c)(1)Any person who obtains a vehicle history report that fails to comply with subdivision (b) may bring a cause of action against the vehicle history report provider that communicated the report in order to recover any the following:
(A)The greater of the following:
(i)Any actual damages sustained by the person as a result of the violation.
(ii)Statutory damages of one thousand dollars ($1,000) per violation.
(B)An order directing the vehicle history report provider to correct the violation.
(C)Any other relief that the court deems proper.
(2)In the case of any successful cause of action under this subdivision, the court shall award costs of the action and reasonable attorneys fees, as determined by the court.
(d)(1)Any attempted waiver of the provisions of this section is contrary to public policy, and is void and unenforceable.
(2)Any agreement obtained by a vehicle history database provider to secure defense or indemnification from a third party related to a violation of this section shall be void and unenforceable, unless the third party altered vehicle history information in the vehicle history report that is the basis of an action.
(e)This section does not relieve any party of its responsibilities under Section 11713.26 of the Vehicle Code. To the extent that a provision of this section conflicts with Section 11713.26 of the Vehicle Code, Section 11713.26 of the Vehicle Code shall control.
(a)For purposes of this section, the following definitions apply:
(1)Vehicle has the same meaning as in Section 670 of the Vehicle Code.
(2)Vehicle history database means a database from which a person may obtain vehicle history information specific to a vehicle identification number (VIN).
(3)Vehicle history information includes, but is not limited to, any of the following related to a vehicle:
(A)Accident or damage information.
(B)The number of previous owners.
(C)Information regarding service or maintenance history.
(D)Odometer reading.
(4)Vehicle history report means any written or electronic communication of vehicle history information made by a vehicle history database provider.
(b)(1)Every vehicle history report shall clearly and accurately disclose the source for each item of vehicle history information it contains, including, for each source, all of the following:
(A)Name.
(B)Mailing address.
(C)Telephone number.
(D)Email address, if available to the vehicle history report provider.
(2)Source, for purposes of this subdivision, includes each intermediate provider of information, including, but not limited to, any aggregator or reseller of information, between the original source and the vehicle history report provider.
(3)Mere provision of physical address, mailing address, telephone number, email address, internet address, QR code, or other method by which a person can request or obtain the source information required by paragraph (1) is insufficient to comply with the requirements of this subdivision.
(4)Mere listing of sources of vehicle history information without clearly and accurately identifying the source or sources that correspond to each item of vehicle history information is insufficient to comply with the requirements of this subdivision.
(c)(1)Any person who obtains a vehicle history report that fails to comply with subdivision (b) may bring a cause of action against the vehicle history report provider that communicated the report in order to recover any the following:
(A)The greater of the following:
(i)Any actual damages sustained by the person as a result of the violation.
(ii)Statutory damages of one thousand dollars ($1,000) per violation.
(B)An order directing the vehicle history report provider to correct the violation.
(C)Any other relief that the court deems proper.
(2)In the case of any successful cause of action under this subdivision, the court shall award costs of the action and reasonable attorneys fees, as determined by the court.
(d)Any attempted waiver of the provisions of this section is contrary to public policy, and is void and unenforceable.
SECTION 1.Section 3287 of the Civil Code is amended to read:3287.(a)A person who is entitled to recover damages certain, or capable of being made certain by calculation, and the right to recover that is vested in the person upon a particular day, is entitled also to recover interest thereon from that day, except when the debtor is prevented by law, or by the act of the creditor from paying the debt. This section is applicable to recovery of damages and interest from a debtor, including the state or any county, city, city and county, municipal corporation, public district, public agency, or any political subdivision of the state.(b)A person who is entitled under a judgment to receive damages based upon a cause of action in contract where the claim was unliquidated, may also recover interest thereon from a date before the entry of judgment as the court may, in its discretion, fix, but in no event earlier than the date the action was filed.(c)Unless another statute provides a different interest rate, in a tax or fee claim against a public entity that results in a judgment against the public entity, interest shall accrue at a rate equal to the weekly average one year constant maturity United States Treasury yield but shall not exceed 7 percent per annum. That rate shall control until the judgment becomes enforceable under Section 965.5 or 970.1 of the Government Code, at which time interest shall accrue at an annual rate equal to the weekly average one year constant maturity United States Treasury yield at the time of the judgment plus 2 percent but shall not exceed 7 percent per annum.(a)A person who is entitled to recover damages certain, or capable of being made certain by calculation, and the right to recover which that is vested in the person upon a particular day, is entitled also to recover interest thereon from that day, except when the debtor is prevented by law, or by the act of the creditor from paying the debt. This section is applicable to recovery of damages and interest from any a debtor, including the state or any county, city, city and county, municipal corporation, public district, public agency, or any political subdivision of the state.
(b)Every A person who is entitled under any a judgment to receive damages based upon a cause of action in contract where the claim was unliquidated, may also recover interest thereon from a date prior to before the entry of judgment as the court may, in its discretion, fix, but in no event earlier than the date the action was filed.
(c)Unless another statute provides a different interest rate, in a tax or fee claim against a public entity that results in a judgment against the public entity, interest shall accrue at a rate equal to the weekly average one year constant maturity United States Treasury yield, yield but shall not exceed 7 percent per annum. That rate shall control until the judgment becomes enforceable under Section 965.5 or 970.1 of the Government Code, at which time interest shall accrue at an annual rate equal to the weekly average one year constant maturity United States Treasury yield at the time of the judgment plus 2 percent, percent but shall not exceed 7 percent per annum.
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Date
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Status
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| Sep 30, 2022 | Chaptered by Secretary of State - Chapter 863, Statutes of 2022. |
| Sep 30, 2022 | Approved by the Governor. |
| Aug 30, 2022 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 23, 2022 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 67. Noes 1.). |
| Aug 23, 2022 | Assembly Rule 77 suspended. (Ayes 60. Noes 16.) |
| Aug 22, 2022 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 24 pursuant to Assembly Rule 77. |
| Aug 22, 2022 | Read third time. Passed. Ordered to the Assembly. (Ayes 34. Noes 4. Page 4952.). |
| Aug 2, 2022 | Read second time. Ordered to third reading. |
| Aug 1, 2022 | Withdrawn from committee. |
| Jul 13, 2022 | In committee: Hearing postponed by committee. |
| Jun 29, 2022 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 1.) (June 28). Re-referred to Com. on APPR. |
| Jun 20, 2022 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD. |
| May 4, 2022 | Referred to Coms. on JUD. and APPR. |
| Apr 25, 2022 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 25, 2022 | Read third time. Passed. Ordered to the Senate. (Ayes 55. Noes 1. Page 4403.) |
| Apr 21, 2022 | Read third time and amended. Ordered to third reading. (Page 4366.) |
| Apr 6, 2022 | Read second time. Ordered to third reading. |
| Apr 5, 2022 | From committee: Do pass. (Ayes 9. Noes 0.) (April 5). |
| Mar 28, 2022 | Re-referred to Com. on JUD. |
| Mar 24, 2022 | Referred to Com. on JUD. |
| Feb 9, 2022 | From printer. May be heard in committee March 11. |
| Feb 8, 2022 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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| Aug 23, 2022 | AB 1871 Calderon Concurrence in Senate Amendments | Assembly Floor |
Passed |
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| Aug 22, 2022 | Assembly 3rd Reading AB1871 Calderon By Umberg | Senate Floor |
Passed |
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| Apr 25, 2022 | AB 1871 Calderon Assembly Third Reading | Assembly Floor |
Passed |
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Bill Author
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