Cal. Bus. & Prof. Code § 22948.50

Current through the 2024 Legislative Session.
Section 22948.50 - Manufacturer and dealer disclosure of in-vehicle cameras
(a) A manufacturer of a new motor vehicle model that is equipped standard with one or more in-vehicle cameras that is sold or leased in this state shall disclose that fact in the owner's manual for the vehicle. If a vehicle is equipped with one or more in-vehicle cameras and the camera does not come standard with the vehicle model, the manufacturer shall disclose that the vehicle is equipped with one or more in-vehicle cameras in a document sent to the dealer of the vehicle, which may include the vehicle specification sheet.
(b)
(1) A dealer shall not provide for the sale or lease of a new motor vehicle equipped with one or more in-vehicle cameras in this state without prominently informing, during the purchase of the vehicle, and in accordance with the procedures of paragraphs (2) and (3), either the user or the person designated by the user to purchase the vehicle.
(2) Prior to the execution of the conditional sales contract for a vehicle, the dealer shall provide to the user, or the person designated by the user to purchase the vehicle, a separate disclosure, either written or electronic, acknowledging the existence and operation of an in-vehicle camera in the purchased vehicle, and shall obtain the written or electronic signature of the user or purchaser on that disclosure. The disclosure shall meet all of the following criteria:
(A) Be contained on a single document or single internet website that is separate from the conditional sales contract, purchase order, and any other document.
(B) Contain the following language, written in at least 20-point bold type:

"This vehicle may be equipped with an in-vehicle camera capable of recording the driver and other individuals inside the vehicle. For more information about the in-vehicle camera please consult your automotive dealer, the vehicle manufacturer, or the vehicle owner's manual. The manufacturer is required to notify the dealer about an in-vehicle camera in the owner's manual, specification sheet, or other document. A buyer or lessee of a vehicle has a right to review the owner's manual or any other provided document prior to purchase to determine if an in-vehicle camera exists. For more information about the in-vehicle camera, please consult your automotive dealer, the vehicle manufacturer, or the vehicle owner's manual. If a manufacturer or other person or entity obtains or shares any video or photographs without your consent and in violation of law, they may be subject to legal action, including, but not limited to, via a county district attorney, the state attorney general, or otherwise as described in Sections 22948.51 and 22948.55 of the Business and Professions Code.

By law, signing this acknowledgment form does not waive any rights of the user or constitute consent to a manufacturer to share, sell, or retain any images or videos captured by the in-vehicle camera."

(C) Include a signature or acknowledgment box that the buyer or lessee, or their representative, has reviewed the disclosure language identified in subparagraph (B) and understands their right to review, before purchasing or leasing the vehicle, the vehicle owner's manual and any other information provided by the manufacturer pertaining to in-vehicle cameras.
(3) A buyer or lessee of a vehicle has a right to review the owner's manual or any other document, if any is provided by the manufacturer, prior to purchase to determine if an in-vehicle camera exists.
(c) A dealer shall not be held liable for a violation of subdivision (b) if the manufacturer of that vehicle is in violation of subdivision (a) with respect to that vehicle.

Ca. Bus. and Prof. Code § 22948.50

Added by Stats 2023 ch 864 (SB 296),s 1, eff. 1/1/2024.