California Business and Professions Code

§ 17538.6

BPC § 17538.6 Effective Jan 1, 1993Div. 7 · Part 3 · Ch. 1 · Art. 2

Statute text

(a)It is unlawful for any person conducting business in this state to require or request a consumer to issue a postdated check unless (1) the person accepting the check advises the consumer in writing that the check may be cashed immediately, notwithstanding the postdating, unless the consumer files a postdating order with the consumer’s bank pursuant to Section 4401 of the Commercial Code, and (2) either of the following occurs:

(A)Receipt of the advice is acknowledged by the consumer in writing.

(B)The advice is clearly printed on an invoice for goods or services that is provided to the consumer at the same time that the check is solicited.

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Legislative history

Added by Stats. 1992, Ch. 914, Sec. 1. Effective January 1, 1993.