Mark Leno
- Democratic
Author
(1) Existing law makes it unlawful to engage in specified practices, unfair methods of competition, and unfair or deceptive acts or practices in a transaction intended to result or that results in the sale or lease of goods or services, including making false or misleading statements concerning the existence of price reductions, or the home solicitation of a consumer who is a senior citizen where a loan is made encumbering the primary residence of that consumer for purposes of paying for home improvements. A consumer who suffers damages as a result of the use or employment of the prohibited acts or practices may bring an action to recover civil damages of at least $1,000, and, if the victim is a senior citizen and the trier of fact makes specified findings, including that the consumer has suffered substantial physical, emotional, or economic damage resulting from the defendant's conduct, to recover an additional amount of up to $5,000. This bill would expand that provision to include advertising or promoting any event, presentation, seminar, workshop, or other public gathering regarding veterans' benefits or entitlements that does not include a statement that the person disseminating the statement is not authorized to file an initial application for veterans' benefits or that the event is not sponsored by or affiliated with specified veterans' organizations, including the United States Department of Veterans Affairs. The bill would also make a conforming change. (2) Existing law provides that all insurers, brokers, agents, and others engaged in the transaction of insurance owe a prospective insured who is 65 years of age or older, a duty of honesty, good faith, and fair dealing. This duty is in addition to any other duty, whether express or implied, that may exist. This bill would make it unlawful for an insurance agent who is not licensed as an attorney to deliver to a person who is 65 years of age or older, or for an insurance agent who is licensed as an attorney to deliver to a person who is 65 years of age or older, a living trust or other legal document, other than an insurance contract or other insurance product document, except as specified. (3) Existing law requires any person who meets with a senior in the senior's home to deliver a specified notice to the senior in writing and in 14-point type no less than 24 hours prior to that individual's initial meeting in the senior's home. This bill would additionally require the notice to be delivered no more than 14 days prior to the meeting. The bill would also require that the notice be a stand-alone document in 16-point, rather than 14-point, type, that the notice include specified information regarding the agent, including his or her full name and license number, and that the notice include a specified statement. (4) Existing law sets certain standards with regard to any advertisement, as defined, or other device designed to produce leads based on a response from a potential insured that is directed to a person 65 years of age or older, including, but not limited to, disclosing certain information, not using certain language, names, letters, or symbols, and not using specified deceptive or misleading practices and materials. This bill would change the definition of advertisement to also include worksheets, questionnaires, or other materials designed to collect personal or financial information about a prospective insured or annuitant. The bill would also add veterans organizations or agencies and the United States Department of Veterans Affairs to the list of those entities that cannot be used in specified deceptive or misleading advertising practices and materials.
Approved by the Governor.
Chaptered by Secretary of State. Chapter 653, Statutes of 2012.
Enrolled and presented to the Governor at 4 p.m.
In Senate. Ordered to engrossing and enrolling.
Read third time. Passed. (Ayes 78. Noes 0. Page 6120.) Ordered to the Senate.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 17. Noes 0.) (August 8).
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 10. Noes 0.) (July 3). Re-referred to Com. on APPR.
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 13. Noes 0.) (June 20). Re-referred to Com. on APPR.
Read third time. Passed. (Ayes 38. Noes 0. Page 3426.) Ordered to the Assembly.
In Assembly. Read first time. Held at Desk.
Read second time and amended. Ordered to third reading.
From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and be amended.
Set for hearing April 30.
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 5. Noes 0. Page 3207.) (April 17). Re-referred to Com. on APPR.
Set for hearing April 17.
From committee: Do pass and re-refer to Com. on JUD. (Ayes 7. Noes 0. Page 3143.) (April 11). Re-referred to Com. on JUD.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on INS.
Set for hearing April 11.
From printer. May be acted upon on or after March 24.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB1170 | HTML |
| 02/22/12 - Introduced | |
| 03/28/12 - Amended Senate | |
| 04/12/12 - Amended Senate | |
| 05/01/12 - Amended Senate | |
| 08/24/12 - Enrolled | |
| 09/27/12 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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