California has a number of formal acts in law. Section 3, Part 4, Title 1.86 of the Civil Code provides the Knowledge of Consumer Contracts Act of 1990, which is contained in sections 1799.200 to 1799.207. Title 1.86 was added in 1990 by Chapter 1079. Section 1799.200 names the law.
Section 1799.201 defines the following terms: “consumer”; “consumer contract”; “consumer contract guarantee”; “copy”; “days”; “goods”; “guarantor”; “seller”; “services”; and “financial institution”.
Section 1799.202 requires a seller to deliver a copy of a consumer contract to the consumer at the time it is signed by the consumer if the consumer contract is signed at an establishment of the seller. If the consumer contract is not signed by the consumer at an establishment of the seller and the seller has not provided the consumer with a copy of the consumer contract which the consumer is asked to keep, the seller is obliged to send by mail or to deliver a copy of it to the consumer within 10 calendar days of receipt by the seller of the signed consumer contract.
If the consumer contract (1) is wholly or partly contained on a card or other writing used to identify the consumer in connection with a deposit account, safe deposit box, custodial contract or other service offered by an institution financial, and (2) contains information specific to the consumer’s account, box, or other arrangement that, if known to a third party, could be used by the third party to cause loss to the consumer or financial institution, the copy of the contract provided to the consumer need not contain the consumer’s signature or any identifying information particular to the consumer’s account, box or other arrangement.
Section 1799.203 is deemed to comply with law if a copy of any consumer contract is delivered or mailed to the consumer before the consumer enters into a transaction covered and authorized by the consumer contract.
Section 1799.204 provides that if more than one consumer has signed a consumer contact, the seller may send or deliver the copy to any of the consumers who reside at the same address. Article 1799.205 specifies that a seller who does not comply with the legislation in force is liable to the consumer for any actual damage suffered by the consumer as a result of this failure.
Section 1799.206 requires a seller to deliver a copy of the consumer contract guarantee to the guarantor at the time the consumer contract guarantee is signed by the guarantor if the consumer contract guarantee is signed by the guarantor in an establishment from the seller. Seller who fails to comply with this section shall be liable to Warrantor for any actual damages suffered by Warrantor as a result of such breach.
Section 1799.207 provides that any waiver of the provisions of this title is contrary to public order, and is void and unenforceable.