Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The manufacturer shall include together,
either in its written warranty or in a separate section of materials
accompanying each vehicle sold or leased in California, in clear and readily
understood language, the following information about the manufacturer's
arbitration program and how to use it:
(1)
Either
(A) a form addressed to the
arbitration program containing spaces requesting the information which the
program may require for prompt resolution of warranty disputes, or
(B) a telephone number of the arbitration
program which consumers may use without charge.
(2) The name and address of the arbitration
program.
(3) A brief description of
the arbitration program's procedures and how to use them. The Arbitration
Certification Program may reproduce such materials to inform the public about
each program.
(4) The time limits
adhered to by the arbitration program.
(5) The types of information which the
arbitration program may require for prompt resolution of warranty
disputes.
(6) If applicable, a
clear statement explaining any requirement imposed by the manufacturer that the
consumer resort to the arbitration program before invoking rights or remedies
conferred by 15 USC Section
2310 or Civil Code Section
1793.22(b),
together with a disclosure that the consumer is not required to resort to the
program if the consumer chooses to seek redress by pursuing rights and remedies
not created by those laws.
(7) Any
limits on the scope of the decision, if authorized by Section
3398.10(d).
(8) A statement that if the consumer accepts
the decision of the arbitration program, the manufacturer will be bound by the
decision, and will comply with the decision within a reasonable time not to
exceed 30 days after the manufacturer receives notice of the consumer's
acceptance of the decision.
(9) A
statement that the consumer may reject the decision and go to court, and that
the decision and any findings will be admissible in any court
action.
(b) The form
described in subdivision (a)(1)(A) of this section may request any information
reasonably necessary to decide the dispute including:
(1) The consumer's name, address and
telephone number.
(2) The brand
name and vehicle identification number (VIN) of the vehicle.
(3) The approximate date of the consumer's
acquisition of the vehicle.
(4) The
name of the selling dealer or the location where the vehicle was
acquired.
(5) The current
mileage.
(6) The approximate date
and mileage at the time the problem was first brought to the attention of the
manufacturer or any of its repair facilities.
(7) A brief statement of the nature of the
problem and whether the problem is continuing.
(8) The names if known of any other dealers
where the vehicle was serviced.
(9)
A statement of the relief that is sought.
1. New section
filed 1-3-90; operative 2-2-90 (Register 90, No. 3). For prior history, see
Register 88, No. 37.
2. Change without regulatory effect amending
subsections (a)(6) and NOTE filed 8-31-94 pursuant to section
100, title 1, California Code of
Regulations (Register 94, No. 35).
3. Change without regulatory
effect amending subsection (a)(3) filed 1-25-99 pursuant to section
100, title 1, California Code of
Regulations (Register 99, No. 5).
Note: Authority cited: Sections
472.1(b)
and
472.4(f),
Business and Professions Code. Reference:
16 CFR Sections
703.2(b)(3),
703.2(c)(1)-(5),
703.5(e)(1);
Sections
1793.22(c)
and
1793.22(d)(1)-(3),
Civil Code.
