Chapter 890
AN ACT
SB 484
Relating to unlawful trade practices.
Be It Enacted by the People of
the State of
SECTION 1. (1) For the purposes of this section:
(a) “Consumer” means an
individual who is purchasing goods or services for personal, family or
household purposes.
(b) “Consumer contract”
means a contract entered into by a consumer for the purchase of goods or
services for personal, family or household purposes, in which the total cost of
the purchase is $15,000 or less.
(2) A consumer may
revoke a provision in a consumer contract that requires the consumer to assert
a claim against the other party to the contract, or respond to a claim by the
other party to the contract, in a forum that is not in this state. If the provision
requires arbitration in a forum that is not in this state, the sole effect of a
revocation under this section is that any evidentiary hearing, oral argument or
other proceeding that requires or allows attendance by the consumer must be
conducted in this state.
(3) Revocation of a
provision under this section must be made in writing and communicated by the
consumer to the other party within a reasonable time after a dispute arises.
(4) This section applies
only to a consumer contract that was entered into by a consumer
when the consumer was a resident of this state.
(5) A party seeking to
enforce a revoked provision is liable for reasonable attorney fees incurred by
a consumer in any litigation that results from the attempted enforcement of the
revoked provision.
SECTION 2. Section 1 of this 2007 Act applies only to
consumer contracts entered into on or after the effective date of this 2007
Act.
Approved by the Governor August 3, 2007
Filed in the office of Secretary of State August 3, 2007
Effective date January 1, 2008
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