Existing law regulates the formation and enforcement of contracts, including what constitutes an unlawful contract. Under existing law, a contract is unlawful if it is contrary to an express provision of law, contrary to the policy of express law, though not expressly prohibited, or otherwise contrary to good morals.
Existing law regulates licensees who are subject to the jurisdiction of a state licensing entity, including the State Bar of California, the Department of Real Estate, the Department of Consumer Affairs, or any other state agency that issues a license, certificate, or registration authorizing a person to engage in a business or profession.
This bill would prohibit a contract or proposed contract involving the provision of a consumer service by a licensee regulated by a licensing board from including a provision limiting the consumer's ability to file a complaint with that board or to participate in the board's investigation into the licensee. The bill would specify that a waiver of these provisions is contrary to public policy and is void and unenforceable. The bill would provide that a violation of these provisions by a licensee constitutes unprofessional conduct subject to discipline by the licensee's regulatory board.

Statutes affected:
AB1263: 11580.24 INS, 11752 VEH, 11754 VEH, 11760 VEH
02/21/19 - Introduced: 11580.24 INS, 11752 VEH, 11754 VEH, 11760 VEH
04/01/19 - Amended Assembly: 11580.24 INS, 11752 VEH, 11754 VEH, 11760 VEH
01/06/20 - Amended Assembly: 11580.24 INS, 11752 VEH, 11754 VEH, 11760 VEH
AB 1263: 11580.24 INS, 11752 VEH, 11754 VEH, 11760 VEH