California Consumer Protection Laws: Lemon Law, Refunds, Repairs and Scams

California's lemon law (the Song-Beverly Consumer Warranty Act, including the Tanner Consumer Protection Act) covers new motor vehicles bought or used mainly for personal, family or household purposes, plus new vehicles under 10,000 pounds bought for business use by someone with no more than five vehicles registered in California; it includes demonstrators and the driving portion of motor homes but not motorcycles or off-road vehicles. It is presumed that the manufacturer had a reasonable number of repair attempts if, within 18 months or 18,000 miles of delivery, whichever comes first: a defect likely to cause death or serious injury was repaired two or more times; the same defect was repaired four or more times; or the vehicle was out of service for repairs more than 30 calendar days in total. (For the first two, the buyer must have directly notified the manufacturer at least once, if the manufacturer disclosed that requirement.) If the manufacturer cannot fix the vehicle, it must replace it (if the buyer agrees) or make restitution.

A seller of used consumer goods (including used cars) that gives an express warranty has many of the same warranty duties as a manufacturer, and the implied warranties then last as long as the express warranty, but no less than 30 days and no more than three months. A sale "as is" or "with all faults" means all implied warranties are disclaimed.

A buyer may cancel a home solicitation contract or offer (a sale of $25 or more of goods or services made somewhere other than the seller's business premises) until midnight of the third business day after signing, or the fifth business day if the buyer is 65 or older. Longer periods apply to personal emergency response units (seventh business day) and to contracts to repair or restore a home damaged by a disaster (seventh business day). Cancellation is by written notice to the address or email address in the contract, in any form that shows the buyer does not want to be bound.

California's Consumers Legal Remedies Act (Cal. Civ. Code § 1750 et seq.) lists unfair and deceptive practices in consumer transactions. A consumer harmed by a listed practice can sue for actual damages, an injunction, restitution, punitive damages and other relief, and a prevailing consumer is awarded court costs and attorney's fees. Seniors and disabled consumers may receive up to $5,000 more in some cases. California's Unfair Competition Law (Bus. & Prof. Code § 17200) also prohibits unlawful, unfair or fraudulent business practices.

An automotive repair dealer must give the customer a written estimated price for parts and labor for a specific job, and may not do work or charge before the customer authorizes it. It may not charge more than the estimate without the customer's oral or written consent, obtained after it learns the estimate is too low and before doing the extra work. Auto body and collision estimates must be itemized and say whether parts are new, used, rebuilt or reconditioned and whether crash parts are original-manufacturer or aftermarket. If the customer asks when the work order is written, replaced parts must be returned (warranty parts that must go back to the manufacturer must be shown instead).

For 30 days after a state of emergency or local emergency is declared, it is unlawful to sell or offer consumer food, emergency and medical supplies, home heating oil, building materials, housing, transportation, freight and storage services, gasoline and certain other goods and services for more than 10 percent above the price charged immediately before the emergency, unless the increase is directly due to higher costs from suppliers or for labor or materials. The rule applies to sales in person, in stores or online. Contractors may not raise prices for repair, reconstruction or emergency cleanup services by more than 10 percent for 180 days after the declaration. Emergency periods can be extended.

It is unlawful to sell a gift certificate or gift card with an expiration date or service fees, including dormancy fees, except a limited dormancy fee (no more than $1 a month) on cards with $5 or less remaining after 24 months of no activity, if disclosed on the card. A gift card with a cash value under $15 can be redeemed for cash. Promotional or loyalty cards given for free, certain cards sold below face value to employers or charities, and cards for perishable food may have expiration dates if printed in capital letters on the front. Gift cards usable at multiple unaffiliated sellers are generally excluded.

A retail seller whose policy is not to give full cash or credit refunds or equal exchanges for at least seven days after purchase (with proof of purchase) must conspicuously post that policy at registers and sales counters, at each public entrance, on tags on each item, or on its order forms, stating whether it gives cash, credit or exchanges, the time period, the merchandise covered and any conditions. If a store violates this rule, the buyer can return the goods within 30 days for the full purchase price. Food, plants, flowers, perishables, items marked "as is" or "all sales final," customized goods and certain other items are excluded.

Credit services organizations (credit repair companies) may not charge or receive any payment before fully performing the agreed services, must perform the services within 180 days of the contract, and must provide monthly statements. Debt settlement providers must give consumers required disclosures and an unsigned copy of the contract at least three calendar days before it is signed, must tell consumers they can cancel at any time without penalty, and may not collect fees until at least one debt has been settled under an agreement the consumer approved and a payment has been made under it.

Contractors must be licensed by the Contractors State License Board unless a job's total price for labor and materials is under $1,000 and no building permit is required (the exception does not apply if the work is split to evade the law, or if the person advertises as a contractor or uses employees). Home improvement contracts over $500 must be in writing and include detailed required terms and notices. A down payment may not exceed $1,000 or 10 percent of the contract price, whichever is less.

A business that owns or licenses computerized personal information must notify California residents whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person (or whose encrypted information was taken along with the key). Notice must be given within 30 calendar days of discovering or being notified of the breach, though it may be delayed for law enforcement or as needed to determine the scope of the breach and restore the system. The notice must be titled "Notice of Data Breach" and use set headings such as "What Happened?" and "What You Can Do."

File a consumer complaint against a business with the Attorney General's office using its online complaint form. The form asks for details of the transaction, the company representatives you dealt with, and the resolution you want. The Attorney General cannot give legal advice or represent you in a personal legal action.

1) Notice: the Department of Consumer Affairs (DCA) says that, where required, the consumer must have notified the manufacturer directly about the problems before arbitration. Under 2025 changes (AB 1755 and SB 26), manufacturers that opt in to a new procedure must post a lemon law notice address in English and Spanish; if the consumer demands a repurchase or replacement in writing at least 30 days before suing, the manufacturer must offer restitution or replacement within 30 days and complete it within 60 days of receiving the notice, or the consumer may sell the vehicle and sue. DCA publishes a list of manufacturers that opted in. 2) Final repair attempt: no separate final-repair step is described on the DCA pages read. 3) Arbitration: California does not run hearings itself; DCA's Arbitration Certification Program certifies and monitors manufacturers' arbitration programs. Arbitration in a state-certified program is free to consumers, decisions usually come within about 40 days, and the consumer may accept or reject the decision; if accepted, the manufacturer generally must carry it out within 30 days. DCA says a consumer must request arbitration to claim the benefit of the lemon law presumption when the manufacturer has a state-certified program. Not every manufacturer has one; the New Motor Vehicle Board offers consumer mediation, (916) 445-1888. 4) Deadline: the deadline to file a lawsuit was not verified from an official page.