9855. The definitions used in this section shall govern the construction and terms as used in this chapter: (a) “Service contract” means a contract in writing to perform, over a fixed period of time or for a specified duration, services relating to the maintenance, replacement, or repair of consumer goods and may include provisions for incidental […]
9855.05. On and after January 1, 2000, for the purposes of this chapter, “service contract” also includes a service contract as described in subdivision (e) of Section 12741 of the Insurance Code. (Added by Stats. 1998, Ch. 1075, Sec. 1. Effective January 1, 1999. Repealed as of January 1, 2024, pursuant to Section 9855.9.)
9855.1. (a) It shall be unlawful for any person to act as a service contractor in this state unless that person first registers with the bureau in accordance with the provisions of this chapter and maintains a valid registration. (b) Except as expressly provided in this chapter, service contractors registered in accordance with the provisions of this […]
9855.15. A service contract administrator who is an obligor on a service contract and is registered as a service contract administrator may perform all the functions permitted by a seller and shall not be required to register separately as a seller. (Added by Stats. 2010, Ch. 543, Sec. 3. (AB 2111) Effective January 1, 2011. […]
9855.2. (a) A service contract seller shall not issue, sell, or offer for sale a service contract unless the obligor under the service contract has complied with one of the following requirements: (1) Files with the director one of the following: (A) The most recent annual report on Form 10-K required by the Securities and Exchange Commission, reflecting […]
9855.3. (a) (1) The service contract form, along with all documents incorporated by reference into a service contract per the contract form, to be issued by the service contractor shall be filed with the director by the service contractor no later than 30 days prior to its use. (2) The term “documents incorporated by reference” shall mean all […]
9855.4. (a) The service contract reimbursement insurance policy shall cover the obligations of the service contract seller under the service contracts sold during the period of time that the service contract reimbursement insurance policy was in force. The service contract reimbursement insurance policy shall either cover all service contracts sold or specifically cover those contracts sold […]
9855.5. A service contractor shall comply with the provisions of Sections 1794.4 and 1794.41 of the Civil Code. (Added by Stats. 1993, Ch. 1265, Sec. 7. Effective January 1, 1994. Repealed as of January 1, 2024, pursuant to Section 9855.9.)
9855.6. Where a service contractholder cancels a service contract in accordance with Section 1794.41 of the Civil Code and the refund due is not paid to the service contractholder or credited to his or her account within 30 days after the service contractor receives written notice of cancellation, the amount of the required refund or […]
9855.7. The director may deny, or may suspend, revoke, or place on probation the registration of a service contractor for any act, omission, or crime that is committed by the service contractor or any employee, partner, officer, or agent of the service contractor for any of the following reasons: (a) Any conduct that constitutes fraud or […]
9855.8. (a) The director may issue a citation to the service contractor for any of the following reasons: (1) Violation of subdivision (a) of Section 9855.3 or Section 9855.5, or any regulation adopted thereunder. (2) Upon a determination by the director that the service contractor has committed a violation by (A) making or authorizing statements or advertisements which […]
9855.85. Unless otherwise lawfully transacting the business of insurance pursuant to a certificate of authority issued pursuant to Section 700 of the Insurance Code for the appropriate class, a service contract administrator or third-party seller acting as an obligor on a service contract without having a service contract reimbursement insurance policy covering all service contracts […]
9855.9. This article shall remain in effect only until January 1, 2024, and as of that date is repealed. (Amended by Stats. 2022, Ch. 625, Sec. 87. (SB 1443) Effective January 1, 2023. Repealed as of January 1, 2024, by its own provisions. Note: Repeal affects Article 4.5, commencing with Section 9855.)
