Delivery Regulations - SB 101 (Lockyer) (4 hour delivery law)
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SB 101 (Lockyer) 4 Hour Delivery Law
Chapter 1075, Statutes of 1989
Effective January 1, 1990
(Civil Code Section 1722)
Whenever a contract is entered into for the sale of merchandise to be delivered at a later date, this bill requires retailers (with 25 or more employees) to specify a four-hour time period. This applies when the presence of the consumer is required at the time of delivery. The retailer may specify this four-hour time period either at the time of sale or a later date. If the merchandise is not delivered within that four-hour period (except for delays caused by unforeseen or unavoidable occurrences beyond the retailer's control), the consumer may bring an action in small claims court against the retailer for lost wages, expenses incurred, or other actual damages up to $500.
An action would not be considered valid if the consumer was not present at the specified time. The retailer must also have attempted to make the delivery or have made a diligent attempt to notify the consumer of its inability to do so because of unforeseen or unavoidable occurrences beyond its control.
It would be a defense to an action if a diligent attempt was made to notify the consumer of the delay caused by unforeseen or or unavoidable occurrences beyond the control of the retailer, or the retailer was unable to notify the consumer of the delay caused by unforeseen or unavoidable occurrences beyond the control of the retailer, or the retailer was unable to notify the consumer of the delay because of the consumer's absence or unavailability during the four-hour period. In either instance, the retailer makes the delivery within two hours of a newly agreed upon time or if the consumer unreasonably declines to arrange a new delivery time.
Logs and other business records maintained by the retailer in the ordinary course of business would be prima facie evidence of the delivered, or of a diligent attempt to notify the consumer of an unforeseen or unavoidable delay.
The bill also imposes similar requirements for cable television and utility companies, except that cable television and utility companies would only be required to make connection or repair calls within the four-hour time period if the "subscriber" (not consumer) requests it. Cable television companies and utilities would be required to notify subscribers of their right to request the four-hour time period when they call for connection or repair, or by mail three times a year.
An action against a cable television company would not be valid if the subscriber chooses to pursue a remedy for delay of service offered by the cable franchise or a local ordinance. Also, cable franchising or licensing authorities would be prohibited from imposing a fine, penalty, or other sanction if the subscriber opts for the remedy in their bill.
The Legislative Bill Room can only provide bills within the last 2 years from the current date. *If the bill is older than two years, consumers can research legislative information at the State Law Library Reference Center or call the office of the legislator who authorized the bill. Consumers MUST provide the bill number to obtain a copy, the Bill room will not provide the number or perform a look up.
Capitol Bill Room
The Law Library Reference Center is housed within the State Library at 914 Capitol mall. For information on a legislative bill older than 2 years, consumers can call the Law Library. They will not mail copies of requested legislative bills. Consumers must go through their local library.
Publications available: SB 101 (Lockyer)