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California Civil Code Section 1782

Legal Research Home > California Laws > Civil Code > California Civil Code Section 1782

1782.  (a) Thirty days or more prior to the commencement of an
action for damages pursuant to this title, the consumer shall do the
following:
   (1) Notify the person alleged to have employed or committed
methods, acts, or practices declared unlawful by Section 1770 of the
particular alleged violations of Section 1770.
   (2) Demand that the person correct, repair, replace, or otherwise
rectify the goods or services alleged to be in violation of Section
1770.
   The notice shall be in writing and shall be sent by certified or
registered mail, return receipt requested, to the place where the
transaction occurred or to the person's principal place of business
within California.
   (b) Except as provided in subdivision (c), no action for damages
may be maintained under Section 1780 if an appropriate correction,
repair, replacement, or other remedy is given, or agreed to be given
within a reasonable time, to the consumer within 30 days after
receipt of the notice.
   (c) No action for damages may be maintained under Section 1781
upon a showing by a person alleged to have employed or committed
methods, acts, or practices declared unlawful by Section 1770 that
all of the following exist:
   (1) All consumers similarly situated have been identified, or a
reasonable effort to identify such other consumers has been made.
   (2) All consumers so identified have been notified that upon their
request the person shall make the appropriate correction, repair,
replacement, or other remedy of the goods and services.
   (3) The correction, repair, replacement, or other remedy requested
by the consumers has been, or, in a reasonable time, shall be,
given.
   (4) The person has ceased from engaging, or if immediate cessation
is impossible or unreasonably expensive under the circumstances, the
person will, within a reasonable time, cease to engage, in the
methods, act, or practices.
   (d) An action for injunctive relief brought under the specific
provisions of Section 1770 may be commenced without compliance with
subdivision (a). Not less than 30 days after the commencement of an
action for injunctive relief, and after compliance with subdivision
(a), the consumer may amend his or her complaint without leave of
court to include a request for damages. The appropriate provisions of
subdivision (b) or (c) shall be applicable if the complaint for
injunctive relief is amended to request damages.
   (e) Attempts to comply with this section by a person receiving a
demand shall be construed to be an offer to compromise and shall be
inadmissible as evidence pursuant to Section 1152 of the Evidence
Code. Furthermore, these attempts to comply with a demand shall not
be considered an admission of engaging in an act or practice declared
unlawful by Section 1770. Evidence of compliance or attempts to
comply with this section may be introduced by a defendant for the
purpose of establishing good faith or to show compliance with this
section.

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Last modified: March 17, 2014