Legislative record

Connected consumer products.

The Unfair Competition Law (UCL) prohibits a person from engaging in unfair competition, including any unlawful, unfair, or fraudulent business act or practice. This bill would require a manufacturer of a connected consumer product sold at retail to clearly and conspicuously disclose a connected consumer product's minimum guaranteed support timeframe to any prospective buyer of a connected consumer product, as prescribed, and would, except as specified, prohibit a manufacturer from reducing that timeframe. The bill would further require that a minimum guaranteed support timeframe be consistent with the reasonable expectations of a consumer, as specified. This bill would also require a manufacturer to provide a clear and conspicuous notice of a connected consumer product reaching its end of life to the public and to any owner of the product, including, among other notice requirements, that the notice be delivered on specified dates and by specified means. The bill would require a manufacturer to allow a consumer to opt in to the product's end-of-life notifications. This bill would require a business that owns or controls a connected consumer product that it leases or otherwise provides to its customers as part of a service to ensure that updates provided by the manufacturer for the connected consumer product are promptly received and applied and, when the connected consumer product has reached its end of life, replace the connected consumer product, at no additional cost to the customer, with a comparable product capable of receiving necessary updates and support if a comparable product is reasonably available to the business. The bill would further require a business to notify a consumer when the leased connected consumer product has reached its end of life. This bill would define "connected consumer product" to mean a physical product, as specified, that is intended for consumer use and depends on a connection to the internet for a consumer to make ordinary use, as defined, of the product. The bill would also define "end of life" to mean the date on which a manufacturer no longer provides support, security patches, or updates that are necessary for a consumer to make ordinary use of a connected consumer product. This bill would specify that a violation of its provisions constitutes a deceptive act or practice under the UCL.