SB 26

Bill Subjects

Civil Actions Restitution For Or Replacement Of A New Motor Vehicle

Abstract

(1) Existing law prescribes specified procedures to govern actions seeking the restitution for or replacement of a new motor vehicle, or for civil penalties, pursuant to the provisions of the Song-Beverly Consumer Warranty Act or Tanner Consumer Protection Act. Beginning April 1, 2025, existing law will require the consumer to, prior to seeking civil penalties, provide a written notice to the manufacturer that, among other things, demands the manufacturer's restitution for or replacement of the consumer's vehicle. This bill would specify that the procedures described above would apply to the manufacturer of a new vehicle only if the manufacturer elects to be governed by those procedures by reporting the election to the Department of Consumer Affairs. The bill would require a manufacturer that wishes to make this election regarding its vehicles sold new in the year 2025 and all prior years within 30 days after the effective date of this bill. Thereafter, the bill would require a manufacturer that wishes to make this election to make an irrevocable election, as specified, regarding vehicles sold new during the five calendar years following the date of the election. The bill would require the Department of Consumer Affairs, by December 15 of each year, to publish to its website a list of the manufacturers that have elected to be governed by the procedures described above for a period that includes the following calendar year. (2) Under existing law, beginning April 1, 2025, a consumer who demands restitution for or replacement of a new motor vehicle may, if specified conditions are met, instead sell the vehicle and seek remedies against the manufacturer, including civil penalties. This bill would prohibit a consumer who sells their vehicle after demanding restitution or replacement from seeking civil penalties unless the consumer provides to the prospective buyer or recipient of the vehicle, prior to the sale, written notice of the consumer's basis for seeking restitution or replacement and of any pending action against the manufacturer, as specified. This bill would declare that it is to take effect immediately as an urgency statute.