Section 3397.2 - Disclosures by Manufacturer to Consumers(a) The manufacturer shall include together, either in its written warranty or in a separate section of materials accompanying each vehicle sold or leased in California, in clear and readily understood language, the following information about the manufacturer's arbitration program and how to use it: (1) Either (A) a form addressed to the arbitration program containing spaces requesting the information which the program may require for prompt resolution of warranty disputes, or(B) a telephone number of the arbitration program which consumers may use without charge.(2) The name and address of the arbitration program.(3) A brief description of the arbitration program's procedures and how to use them. The Arbitration Certification Program may reproduce such materials to inform the public about each program.(4) The time limits adhered to by the arbitration program.(5) The types of information which the arbitration program may require for prompt resolution of warranty disputes.(6) If applicable, a clear statement explaining any requirement imposed by the manufacturer that the consumer resort to the arbitration program before invoking rights or remedies conferred by 15 USC Section 2310 or Civil Code Section 1793.22(b), together with a disclosure that the consumer is not required to resort to the program if the consumer chooses to seek redress by pursuing rights and remedies not created by those laws.(7) Any limits on the scope of the decision, if authorized by Section 3398.10(d).(8) A statement that if the consumer accepts the decision of the arbitration program, the manufacturer will be bound by the decision, and will comply with the decision within a reasonable time not to exceed 30 days after the manufacturer receives notice of the consumer's acceptance of the decision.(9) A statement that the consumer may reject the decision and go to court, and that the decision and any findings will be admissible in any court action.(b) The form described in subdivision (a)(1)(A) of this section may request any information reasonably necessary to decide the dispute including: (1) The consumer's name, address and telephone number.(2) The brand name and vehicle identification number (VIN) of the vehicle.(3) The approximate date of the consumer's acquisition of the vehicle.(4) The name of the selling dealer or the location where the vehicle was acquired.(6) The approximate date and mileage at the time the problem was first brought to the attention of the manufacturer or any of its repair facilities.(7) A brief statement of the nature of the problem and whether the problem is continuing.(8) The names if known of any other dealers where the vehicle was serviced.(9) A statement of the relief that is sought.Cal. Code Regs. Tit. 16, § 3397.2
1. New section filed 1-3-90; operative 2-2-90 (Register 90, No. 3). For prior history, see Register 88, No. 37.
2. Change without regulatory effect amending subsections (a)(6) and NOTE filed 8-31-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 35).
3. Change without regulatory effect amending subsection (a)(3) filed 1-25-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 5). Note: Authority cited: Sections 472.1(b) and 472.4(f), Business and Professions Code. Reference: 16 CFR Sections 703.2(b)(3), 703.2(c)(1)-(5), 703.5(e)(1); Sections 1793.22(c) and 1793.22(d)(1)-(3), Civil Code.
1. New section filed 1-3-90; operative 2-2-90 (Register 90, No. 3). For prior history, see Register 88, No. 37.
2. Change without regulatory effect amending subsections (a)(6) and Note filed 8-31-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 35).
3. Change without regulatory effect amending subsection (a)(3) filed 1-25-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 5).