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January 2008 – New Years Resolutions, Christmas Returns and Refunds, New Consumer Laws

Each month, the Department of Consumer Affairs (DCA) identifies general themes which coincide with the scope and vision of the Department's boards and bureaus. You can view a full listing of events that the DCA will be attending, many of which correspond with the theme of the month, on our Outreach Events Calendar.

New Year's Resolutions

New Year's resolutions have a direct and tangible impact on how consumers act in the marketplace. Health club memberships and exercise equipment sales skyrocket from January to March. On the other hand, cigarette sales tend to plummet. While it's true that only about 20% of people stick with their resolutions, the impact of New Year's Day should not be taken lightly.

For many Californians, "getting in shape" tops their New Year's resolution list. The Department of Consumer Affairs offers some important consumer information about joining a health club or spa. Always remember to read and understand all of the terms of your contract before signing. Click here for legal information about health club contracts.

The DCA hopes that you will add "being a smart consumer" to your resolution list this year. The key is information. Our Web site has the resources necessary to be a smart and savvy consumer in 2008. Get started by clicking this link for a list of DCA's Consumer Publications.

Christmas Returns and Refunds

After the holidays, many consumers flock to the malls with one collective goal; to return merchandise. Whether they seek exchanges, returns, or refunds, consumers can best prepare by learning about their rights. The DCA offers the Be Smart Buy Smart publication, which reminds consumers regarding the laws related to the posting of return policies, defective merchandise, misleading and incorrect sales information, and where to go for help. For more Be Smart Buy Smart publications, check out the following links: Door to Door Sales, Telephone and Internet Sales, Prizes and Gifts, Sweepstakes Contests and Lotteries.

Each store sets its own policy on refunds and exchanges. To attract and retain customers, many stores offer liberal return policies. If a store doesn't allow full refunds or equal exchanges with a receipt within 7 days of a purchase, the law requires they visibly post their policy for shoppers. To view the details pertaining to this law, visit the Department of Consumer Affairs Legal Guide.

Consumers are also protected from defective merchandise, unless sold "as is", by a warranty implied by law. If a shopper can prove that a purchase was based on false sales information, the law allows them to cancel the purchase.

If a consumer feels victimized by return or refund fraud, they should seek help. The DCA Web site offers an online complaint form at this link. Alternately, consumers can call DCA's Consumer Information Center (CIC) at (800) 952-5210, to speak to a representative in more than 175 languages, or to have a complaint form mailed to them. Lastly, if consumers cannot obtain a resolution from a merchant, consumers can take their concerns to small claims court. To learn more about small claims process, click here.

New Consumer Laws

The Department of Consumer Affairs has the power to protect consumers through the laws passed by the California Legislature and signed into law by Governor Schwarzenegger. The Division of Legislative and Policy Review works with California consumers, as well as the various boards and bureaus of the DCA, to make sure consumer protection laws are in place. Click here to see a flow chart which explains the life cycle of legislation.

In 2008, consumers can look forward to these new laws which will help protect them in the marketplace:

  • The California Patient Medications Safety Act requires the Board of Pharmacy to create a standardized prescription drug label on all prescription medication by 2011. The goal of this law is to make labels clear and readable for consumers, with easy-to-follow directions.
  • The SB 250 law will allow any gift certificate valued at under $10 to be redeemed in cash, and provides that gift certificates for food items cannot contain an expiration date.
  • The Pet Store Animal Care Act establishes procedures for the care and maintenance of animals in the custody of a pet store. The act creates an enforcement scheme which allows for fines of up to $1,000 per violation.
  • A new tanning studio statute, AB 105, prohibits minors between the ages of 14 and 18 from using an ultraviolet tanning device at a tanning facility unless a parent or guardian provides in-person consent. It also requires tanning facilities to post a stronger warning about the potential dangers of tanning.
  • The Lemon Law Extension for Military Personnel provides that California's Lemon Law will cover a motor vehicle purchased by military personnel (regardless of the state of purchase or continuous registration) as long as the purchaser was stationed in California.