§ 1694.9. — 1694.9. (Added by Stats. 1989, Ch. 138, Sec. 2.)

California § 1694.9.

• Jurisdiction: California
• Code CIV: Civil Code - CIV
• Div. 3.: DIVISION 3. OBLIGATIONS
• Title: 5.
• Part 2.: TITLE 5. EXTINCTION OF CONTRACTS
• Ch. 2.2.: CHAPTER 2.2. Weight Loss Contracts

Text

(a)
Any contract for weight loss services which does not comply with this chapter is void and unenforceable.
(b)
Any contract for weight loss services entered into under willful and fraudulent or misleading information or advertisements of the seller is void and unenforceable.
(c)
Any buyer injured by a violation of this chapter may bring an action for the recovery of damages in a court of competent jurisdiction. Judgment may be entered for three times the amount at which the actual damages are assessed
if the violation is willful. Reasonable attorney fees may be awarded to the prevailing party.
(d)
Notwithstanding the provisions of any contract to the contrary, whenever the contract price is payable in installments and the buyer is relieved from making further payments or entitled to a refund under this chapter, the buyer shall be entitled to receive a refund or refund credit of that portion of the cash price as is allocable to the services not actually received by the buyer. The refund of any finance charge shall be computed according to the “sum of the balance method,” also known as the “Rule of 78.”
(e)
Any waiver by the buyer of this chapter is void and unenforceable.

Legislative History

Added by Stats. 1989, Ch. 138, Sec. 2.