§ 1799.208. — 1799.208. (Added by Stats. 2024, Ch. 986, Sec. 2.)

California § 1799.208.

• Jurisdiction: California
• Code CIV: Civil Code - CIV
• Div. 3.: DIVISION 3. OBLIGATIONS
• Title: 1.86.
• Part 4.: TITLE 1.86. CONSUMER CONTRACT AWARENESS ACT OF 1990

Text

(a)
A seller shall not require a consumer to agree to a provision that would do either of the following:
(1)
Require the consumer to arbitrate outside of California a claim arising in California.
(2)
Require the consumer to arbitrate a controversy arising in California under the substantive law of a state other than California.
(b)
Any provision of a contract that violates subdivision (a) is voidable by the consumer, and if a provision is rendered void at the request of the consumer, the matter shall be adjudicated in California and California law shall govern the dispute.
(c)
In addition to injunctive relief and any other remedies available, a court may award a consumer who is enforcing their rights under this section reasonable attorney’s fees incurred in enforcing those rights.
(d)
For purposes of this section, adjudication includes litigation and arbitration.
(e)
This section applies to a contract entered into, modified, or extended on or after January 1, 2025.

Legislative History

Added by Stats. 2024, Ch. 986, Sec. 2. (SB 940) Effective January 1, 2025.