Store Research
Assembly Bill 781 (Sher – 1985)
Chapter 80, Statutes of 1985
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Civil Code section 1584.5 was amended in 1985 following legislative approval of Assembly Bill 781, which affected only this section. (See Exhibit A, #1b) This bill was introduced on February 19, 1985 by Assembly member Byron Sher at the request of a constituent. (See Exhibit A, #1a, #2, and #9) The documents indicated that the language for the amendment was drafted by the Department of Consumer Affairs. (See Exhibit A, #6, document SP-3)
Assembly Bill 781 was heard by the Assembly Committee on Consumer Protection and the Senate Committee on Judiciary. (See Exhibit A, #3 and #5) There were no amendments to the bill. (See Exhibit A, #1b and #2) Governor George Deukmejian signed the measure on June 18, 1985, and it was recorded by the Secretary of State on that date as Chapter 80 of the Statutes of 1985. (See Exhibit A, #1b)
The Senate Committee on Judiciary analysis of Assembly Bill 781 as introduced indicated that “[t]he purpose of this bill is to expand consumer protections with respect to unsolicited sales promotions.” (See Exhibit A, #5, page 2)
The Assembly Consumer Protection Committee analysis of the bill described as follows the bill and the legal background prompting its introduction:
Existing law:
Prohibits the voluntary and unsolicited sending of goods, wares, or merchandise, as defined, which is not actually ordered or requested by the recipient either orally or in writing.
Permits the recipient of such unsolicited items to keep them as an unconditional gift and to bring legal action to enjoin the sending of billing statements or requests for payment with respect to those items.
This bill
Would make these provisions of existing law also applicable to the voluntary and unsolicited providing of services not actually ordered or requested.
(See Exhibit A, #3, page 1)