Better Business Bureau

Text Messaging while Driving: Beginning July 2008, drivers were prohibited from talking on a cell phone while driving unless using a hands-free means of doing it. Now, you are also prohibited from reading, writing, or sending a text message, instant message, or electronic mail while driving. You may, though, read, select, or enter a phone number or name in an electronic wireless communications device for the purpose of making or receiving a phone call.

As with the July law, the first offense will result in a $20 fine; subsequent offenses will be $50. Emergency services professionals in the course of their duties are exempt.

Foreclosure Consultants: Beginning July 1 (not January 1) of this year, California's laws relating to foreclosure consultants will reflect some changes. A homeowner will be able to cancel a contract with a foreclosure consultant within five (previously three) business days after signing, and he/she may cancel by mail, email, or fax.

The foreclosure consultant's contract is to be written in the same language as principally used to negotiate the contract, and the foreclosure consultant will also be required to provide the homeowner with a copy of the contract printed in any language used in any communication between the foreclosure consultant and the homeowner before he/she signs the contract. If the homeowner requests it, the foreclosure consultant must also provide a copy of the contract translated into Spanish, Chinese, Tagalog, Vietnamese, or Korean.

Prepaid Calling Cards: New legislation, enacted to combat deceptively advertised calling cards and the losses incurred, especially by immigrants, because of hidden fees, is now in effect. Now, if there are geographic limitations to which the card's advertised price, rate, or unit value applies, they will have to be clearly disclosed.

The card's packaging will have to allow the consumer to read, without having to open the package, information as to definitions, recharge policies, refund policies, and other information. If the packaging contains any language other than English to provide dialing instructions to place a call or to contact customer service, or for any other reason, or if another language is used to advertise or promote the card, this same information will also have to be disclosed in that language.

Mailed Solicitations: Revisions to California's telephonic sellers law will require lead cards sent by mail to disclose more information than before. The revisions were enacted because, according to the bill's author, many older persons who receive a lead card offering them free information about something such as estate planning, do not realize that by returning the card they waive their do-not-call rights. They can then be called and subjected to deceptive practices and high-pressure sales tactics to lure them into buying unsuitable products. The disclosures now required are intended to better inform consumers as to what they would be signing up for and exposed to by returning a lead card.

Bad Check Diversion Program: Victims of bad check writers who enter the State's bad check diversion program could previously receive a maximum of $10 per check in reimbursement for fees assessed by their bank. That limit has now been increased to $15 per check.

Here's one that didn't become law:

Unlicensed Contractors: Under AB 2412, penalties for unlicensed contractors would have been increased. A person who used the unlicensed contractors' services would have been considered a crime victim, regardless of whether or not they knew that the contractor was unlicensed.

Governor Schwarzenegger vetoed this bill late in September because it didn't meet the priority standard he felt it necessary to adopt during the budget passage negotiations.