BILL ANALYSIS
SB 500
Page 1
Date of Hearing: June 24, 2002
ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE
Roderick D. Wright, Chair
SB 500 (Torlakson) - As Amended: May 24, 2002
SENATE VOTE : 30-4
SUBJECT : Retail merchandise, utilities, and cable television:
delivery, service, and repair: times.
SUMMARY : Requires that a utility or cable company, upon
request, offer a four-hour appointment window, for service or
repair, as retailers are currently required to do.
Specifically, this bill :
1)Eliminates the option of cable and utility companies to
periodically notify subscribers by mail, of their right to
service connection or repair service within a four-hour
period, or when the consumer was not present during the
specified time period, so that these companies are required to
inform customers of that right when they call for service.
2)Requires retailers, cable and utility companies and consumers,
to agree with subscribers on a four-hour period within which a
delivery, service, or repair will take place.
3)Permits notification by telephone, if the retailer or its
agent leaves a telephone number for a return telephone call,
to enable the consumer to arrange a new two-hour period for
delivery, service, or repair with the retailer or the
retailers' agent.
4)Exempts retail, cable and utility companies from legal action
when the company makes a diligent attempt to notify the
consumer of its inability to deliver, service, or repair,
either in person or by telephone.
5)Increases the penalty for retail, cable television and utility
companies that a small claims court can award from $500 to
$600 if they fail, without cause, to meet the four-hour
service window.
EXISTING LAW :
SB 500
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1)Requires retailers with 25 or more employees selling
merchandise to consumers, to specify, either at the time of
the sale or at a later date prior to the delivery date, a
four-hour period within which delivery will be made if the
consumer's presence is required. Cable and utility companies
are required to disclose a consumers' right to a four-hour
window when the consumer calls or via mail.
2)Provides a cause of action in small claims court, for actual
damages not to exceed $500, against a retailer, cable
television or utility company for failure to comply,
appropriate notification or a second two-hour service window
without just cause.
FISCAL EFFECT : Unknown
COMMENTS :
This bill requires cable and utility service providers with 25
or more employees offer a four-hour service window for service,
repair or a delivery appointment at the time the appointment is
scheduled. Current law requires cable and utility companies to
notify consumers three times a year of their servie.
According to the author, this bill is intended "to ensure that
every subscriber will be informed of the four-hour window so
they can reduce the consequences of a required presence at
home."
SB 500 requires that, a retailer, utility, or cable television
company and the consumer must agree to the four-hour appointment
window, and a representative of a retailer, utility, or cable
television company must leave a call back number when the
four-hour appointment window is missed to allow for
rescheduling.
This bill also raises the penalty for damages that a consumer is
eligible to receive for violation of this law in small claims
court from $500 to $600.
Supporters of this bill suggest that changes to Civil Code
Section 1722 will not only result in, savings to consumers in
lost wages but also allow consumers to be aware of the four-hour
appointment window. In Summary, this bill will improve the
repair response times for cable and utility companies, thereby
SB 500
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making them more accountable to subscribers.
It should also be noted that Pacific Bell has been required, by
the California Public Utilities Commission Decision 00-11-018,
dated December 11, 2001, as part of a resolution of complaint,
to modify its "611" repair service to ensure that its' customers
are aware of the four-hour appointment window.
REGISTERED SUPPORT / OPPOSITION :
Support
Office of the Attorney General
AARP
American Federation of State, County, and State Employees
Consumers Union
Office of Ratepayer Advocates
CPUC
TURN
UCAN
Opposition
None on file.
Analysis Prepared by : Angela Haywood / U. & C. / (916)
319-2083