Bill Status of SB 3420   103rd General Assembly

Short Description:  UNFAIR SERVICE AGREEMENTS

Senate Sponsors
Sen. Don Harmon, Mattie Hunter, Mary Edly-Allen, Javier L. Cervantes, Mike Simmons and Adriane Johnson

House Sponsors
(Rep. Terra Costa Howard)


Last Action  View All Actions

DateChamber Action
  8/9/2024SenatePublic Act . . . . . . . . . 103-0993

Statutes Amended In Order of Appearance
New Act

Synopsis As Introduced
Creates the Prohibition of Unfair Service Agreements Act. Provides for the characteristics of unfair service agreements and sets forth exceptions to the Act. Provides that if a service agreement is unfair under the Act, it is unenforceable and shall not create a contractual obligation. Provides that entering into an unfair service agreement with a consumer constitutes an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Provides that all remedies, penalties, and authority granted to the Attorney General by the Consumer Fraud and Deceptive Business Practices Act shall be available to the Attorney General for the enforcement of the Act. Provides that no person shall record or cause to be recorded an unfair service agreement or a notice or memorandum of the unfair service agreement. Provides that a person who records or causes to be recorded an unfair service agreement or a notice or memorandum of the unfair service agreement shall be guilty of a Class A misdemeanor. Provides that, if an unfair service agreement or a notice or memorandum of the unfair service agreement is recorded, any person with an interest in the real property that is the subject of that agreement may apply to a court in the county where the recording exists to record a court order declaring the agreement unenforceable and that person may recover actual damages, costs, and attorney's fees as may be proven against the service provider who recorded the agreement. Effective immediately.

Senate Committee Amendment No. 1
Provides that no person shall knowingly record or knowingly cause to be recorded (rather than record or cause to be recorded) an unfair service agreement or a notice or memorandum of the unfair service agreement. Removes provision concerning criminal penalties.

Actions 
DateChamber Action
  2/8/2024SenateFiled with Secretary by Sen. Ann Gillespie
  2/8/2024SenateFirst Reading
  2/8/2024SenateReferred to Assignments
  3/12/2024SenateAssigned to Judiciary
  3/15/2024SenateRule 2-10 Committee Deadline Established As April 5, 2024
  3/19/2024SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Ann Gillespie
  3/19/2024SenateSenate Committee Amendment No. 1 Referred to Assignments
  3/20/2024SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  3/20/2024SenateSenate Committee Amendment No. 1 Adopted
  3/21/2024SenateDo Pass as Amended Judiciary; 008-000-000
  3/21/2024SenatePlaced on Calendar Order of 2nd Reading March 22, 2024
  3/22/2024SenateSecond Reading
  3/22/2024SenatePlaced on Calendar Order of 3rd Reading April 9, 2024
  4/12/2024SenateThird Reading - Passed; 058-000-000
  4/12/2024HouseArrived in House
  4/12/2024HouseChief House Sponsor Rep. Terra Costa Howard
  4/12/2024SenateAdded as Co-Sponsor Sen. Mattie Hunter
  4/12/2024SenateAdded as Co-Sponsor Sen. Mary Edly-Allen
  4/12/2024SenateAdded as Co-Sponsor Sen. Javier L. Cervantes
  4/12/2024SenateAdded as Co-Sponsor Sen. Mike Simmons
  4/12/2024SenateAdded as Co-Sponsor Sen. Adriane Johnson
  4/15/2024SenateChief Sponsor Changed to Sen. Don Harmon
  4/15/2024HouseFirst Reading
  4/15/2024HouseReferred to Rules Committee
  4/24/2024HouseAssigned to Judiciary - Civil Committee
  5/1/2024HouseDo Pass / Short Debate Judiciary - Civil Committee; 015-000-000
  5/1/2024HousePlaced on Calendar 2nd Reading - Short Debate
  5/8/2024HouseSecond Reading - Short Debate
  5/8/2024HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/17/2024HouseThird Reading/Final Action Deadline Extended-9(b) May 24, 2024
  5/20/2024HouseThird Reading - Short Debate - Passed 107-000-000
  5/20/2024SenatePassed Both Houses
  6/18/2024SenateSent to the Governor
  8/9/2024SenateGovernor Approved
  8/9/2024SenateEffective Date August 9, 2024
  8/9/2024SenatePublic Act . . . . . . . . . 103-0993

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