Legislation

Attorney General Bonta, Assemblymember Bauer-Kahan, Introduce Legislation to Require Social Media Warning Labels

December 9, 2024
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

Bill to raise public awareness, turn the tide of a growing public health crisis

SAN FRANCISCO — California Attorney General Rob Bonta and Assemblymember Rebecca Bauer-Kahan (D-Orinda) today introduced Assembly Bill 56 (AB 56), legislation that would arm people with clear information about the risks of social media for kids and teens. Adolescents who spend more than three hours per day on social media face double the risk of experiencing poor mental health outcomes, including symptoms of depression and anxiety. AB 56 would require social media companies to disclose this risk to users by adding a warning label to their platforms to ensure consumers have equitable access to information that may affect their health. 

“Social media companies have demonstrated an unwillingness to tackle the mental health crisis, instead digging in deeper into harnessing addictive features and harmful content for the sake of profits. It is our responsibility to make sure consumers have access to information that may affect their health, so they can make the best choices for themselves and their families," said Attorney General Rob Bonta. "Social media warning labels are an equitable and transparent way to communicate the risks that social media engagement poses to young users. Warning labels alone are not a panacea, they are another tool in the toolbox to address the growing mental health crisis and protect future generations of children."

“Social media platforms have built systems designed to keep our children endlessly engaged, often at the expense of their mental health,” said Assemblymember Rebecca Bauer-Kahan. “This bill shines a light on those harms and ensures that families are equipped with critical information to make informed choices. I’m proud to partner with Attorney General Bonta to prioritize the well-being of California’s youth.”

“Time spent on social media can displace time for other healthful activities, including sleep, exercise, and in-person socialization,” said Dr. Jason Nagata, MD, a pediatrician who specializes in adolescent mental health. “While social media can provide educational content, it can also provide misinformation about health, and expose children to content that damages their mental well-being. These are risks that adolescents and their parents should be aware of." 

“When it comes to protecting kids from the risks of social media, California has always been a leader, and that continues today with this legislative proposal to make sure that people who use social media will be warned about its negative effects,” said James P. Steyer, Founder and CEO of Common Sense Media. “Just like we needed seat belts and warning labels for alcohol, we now need digital safety standards for social media platforms. Common Sense Media applauds Attorney General Bonta and Assemblywoman Bauer-Kahan for their leadership, and we look forward to working together to pass this important bill."

A growing body of research links young people’s use of social media platforms to a variety of serious harms, including depression, anxiety, and suicidal ideation. Algorithm-driven social media use also interferes with adolescents’ daily lives by chronically disrupting their sleep with irresistible algorithmic recommendations, infinite scrolling, and a constant stream of notifications designed to keep kids relentlessly engaged on the platform. 

Earlier this year, U.S. Surgeon General Vivek Murthy called on Congress to require a surgeon general’s warning on social media platforms. Attorney General Bonta, joined by a bipartisan coalition of 42 attorneys general, supported this proposal and argued that by mandating a surgeon general’s warning on algorithm-driven social media platforms, Congress can address the growing youth mental health crisis and protect future generations of Americans. Under AB 56, the black box warning must be displayed to users of all ages upon their first use of the platform and after this, at least once weekly. The warning would be displayed continuously for a duration of at least 90 seconds.

Attorney General Bonta is steadfast in his commitment to create a safer online for children and teens. Today’s action does not stand alone — it is an important piece in the greater arc to protect children online.

 In October 2024, Attorney General Bonta co-led a bipartisan coalition of 14 attorneys general in filing separate enforcement actions against TikTok for violations of state consumer protection laws. California’s action alleges that TikTok exploits and harms young users and deceives the public about the social media platform’s dangers. In October 2023, Attorney General Bonta co-led a bipartisan coalition of 33 attorneys general in filing a federal lawsuit against Meta alleging the company designed and deployed harmful features that addict children and teens to their mental and physical detriment, and in November 2023, he announced the public release of a largely unredacted copy of the federal complaint. In September 2024, Attorney General Bonta’s sponsored bill, Senate Bill 976 (SB 976) was signed into law by Governor Gavin Newsom. SB 976 provides important new protections for young people in California by resetting the defaults on social media platforms to disfavor addictive algorithmic feeds, notifications, and other addictive design features that lead children and teens to spend hours and hours on their platforms. 

 

 

 

Attorney General Bonta: In California Progress Will Prevail

November 7, 2024
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SAN FRANCISCO — California Attorney General Rob Bonta today delivered remarks on California Department of Justice’s preparations to protect California’s values, people, and natural resources ahead of a second Trump Administration. To view a recording of the press conference, please visit here

Attorney General Bonta's Remarks as Prepared for Delivery:

As the reality of a second Trump Administration takes hold, I know there is a great deal of fear, sadness, anxiety, and panic. 

I understand. 

I’m here today to reassure you that in California, progress will prevail. 

No matter who is in the White House, no matter who holds control of Congress, in California we will keep moving forward. 

In California, we will choose calm over chaos. 

Fact over fiction.

Belonging over blame.

Unity over division. 

“Us and we” over “I and me.” 

It’s why we’re the 5th largest economy in the world. Not in spite of our commitment to workers, consumers, and the environment, because of it. 

Because we’re the largest and most diverse state in the nation.

Because we believe in the power of inclusivity.

Because we believe in truth over lies. Hope over hate. Light over dark.

Because  we believe in looking forward.

It’s who we are in the Golden State. It’s in our DNA. Nothing and no one can change that. 

As Attorney General, I’ll continue to use the full force of the law and authority of this office to address injustice. 

To stand up for all people, especially those who have long been overlooked and undervalued.

To safeguard reproductive rights. 

And advocate for more housing — especially more affordable housing for lower and middle-income families just trying to get by.

I’ll continue to take on greedy corporate giants and fight for more affordable gas, groceries, and everything in between.  

I’ll continue to defend our world-renowned natural resources and protect them for generations to come. 

Continue to fight for clean water to drink and clean air to breathe.

Continue to crack down on illicit guns on our streets and get fentanyl out of our neighborhoods. 

Continue to fight for workers.

I’ll continue to protect, defend, and serve every single Californian. No matter your politics. 

I’m here to ensure every person — no matter how they look, how much money they make, where they’re from, who they love, how they identify, or how they pray — can pursue their version of the California Dream. 

A fair wage and good benefits.  

A safe and affordable place to live.  

Affordable and accessible health care. 

Good schools to send our kids to. 

Safe neighborhoods to raise our families. 

That’s my promise to you, no matter who is in the White House.  

We’ve been here before.

We lived through Trump 1.0. 

We know what he’s capable of. 

We know what plans he has in store. 

The silver lining is just that: we know. 

We know to take Trump at his word when he says he’ll roll back environmental protections, go after our immigrant and LGBTQ+ communities, attack our civil rights, and restrict access to essential reproductive care.

Which means, we won’t be flat-footed come January.

You can be sure that as California Attorney General, if Trump attacks your rights: I’ll be there. 

If Trump comes after your freedoms: I’ll be there. 

If Trump jeopardizes your safety and well-being: I’ll be there.

California DOJ did it before and we’ll do it again.  

During the last Trump Administration, California DOJ fought to stop illegal rollbacks and proposals that would’ve harmed the well-being, health, safety, and civil rights of our people and of people across the country. 

That would have caused irrevocable damage to our environment.

No matter who is in charge of the federal government…

No matter what the incoming Administration has in store… California will remain the steadfast beacon of progress it has long been.  

A constant, unwavering, immoveable force to be reckoned with.  

We’ll continue to be a check on overreach and push back on abuse of power. 

Be the antidote to dangerous, extremist, hateful vitriol.

Be the blueprint of progress for the nation to look to.

Remember: in moments of chaos in D.C., you can always look to California for calm resolve. 

California leaders across the state are ready to stand arm-in-arm. 

Governor Newsom and every single Constitutional Officer;  

Senator Padilla and Senator-elect Schiff;  

Democratic members of Congress; 

Pro Tem McGuire, Speaker Rivas, and the California Legislature; 

Mayors, supervisors, and city councilmembers from San Francisco to San Diego are ready to fight for our California values. 

For our people. For our environment.

For progress and justice.

And as necessary, we’re ready to take on the challenges of a second Trump Administration — together.

While a great deal of change is on the horizon…

California’s path to progress remains full steam ahead.

It may not always be linear. Progress so rarely is. 

It zigs and zags. Takes frustrating detours. Inches forward and backward and forward again. 

The detours and setbacks don’t define our progress.

Our commitment to forward momentum defines our progress. Defines us. 

It’s what we do next that will define us. 

If you’re feeling despondent today, remember that you’re not alone. 

In California, we’re not looking back. We’re not moving back. 

We’re California! We’ll meet any challenges head on and rise to the occasion.

As is so often said, as California goes, so goes the nation.

In the days and months and years to come, all eyes will look west. 

In California, they’ll see: we’re still moving forward.

Thank you. 

Attorney General Bonta: Today, We Protect Hardworking Californians, Not Big Oil Profits

October 14, 2024
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

ABX2-1 protects consumers from avoidable gas price spikes that pad big oil profits

OAKLAND — California Attorney General Rob Bonta issued a statement today after ABX2-1 was signed into law by Governor Gavin Newsom. Authored by Assemblymember Gregg Hart (D-Santa Barbara), Assemblymember Cecilia Aguiar-Curry (D-Winters), Senator Nancy Skinner (D-Berkeley) and co-sponsored by Attorney General Bonta and Governor Gavin Newsom, ABX2-1 would stabilize California's oil market by ensuring refineries have adequate fuel reserves to avoid supply shortages that hike gas prices and harm consumers.

“Californians have been paying too much for gas, while year after year, oil companies report record profits at their expense. Let’s be clear – the price spikes consumers see at the pump are profit spikes for big oil,” said Attorney General Rob Bonta. “Enough is enough. ABX2-1 will save Californians billions of dollars and reduce opportunities for Big Oil to manipulate the market.”

“Price spikes have cost Californians billions of dollars over the years, and we’re not waiting around for the industry to do the right thing — we’re taking action to prevent these price spikes and save consumers money at the pump,” said Governor Gavin Newsom. “Now, the state has the tools to make sure they backfill supplies and plan ahead for maintenance so there aren’t shortages that drive up prices. I’m grateful to our partners in the Senate and Assembly for acting quickly to push this forward and help deliver relief for Californians.”

“This landmark legislation is a win for consumers, and a win for accountability in the state’s gasoline market,” said Assemblymember Gregg Hart, D- Santa Barbara. “ABX2- 1 will save working California families billions at the gas pump. This common sense solution has received broad public support because consumers know that when gas prices spike in California, the oil industry unfairly profits.”

“ABX2-1 was the subject of an extensive amount of scrutiny, testimony and participation by Members of the Legislature in over 18 hours of hearings. I am proud of the work done by our Assembly Policy Chair, Assemblymember Petrie-Norris, and my colleagues and Joint Authors Assemblymember Hart and Senator Skinner on this critical issue,” said Assembly Majority Leader Cecilia Aguiar Curry, D-Winters. “This bill clearly states that no regulations will move forward unless there is a tangible benefit to California gas consumers, and that the safety of our refinery workers and the public is paramount in any action taken by the State. Our work is not done when the Governor signs ABX2-1. We owe it to all Californians to remain actively engaged in the regulatory process to assure those goals and values are met.”

California's oil market is uniquely vulnerable to manipulation from oil companies. California’s isolated fuel market makes it so supply disruptions including planned maintenance outages can dramatically impact prices. Because nearly all in-state supply comes from a handful of refineries, a single refinery outage could drastically reduce refining capacity. This volatility places an undue burden on California consumers, especially consumers with fixed or limited incomes.

To stabilize California's oil supply and prevent price spikes, ABX2-1 requires refineries to maintain adequate reserves and properly plan for refinery shutdowns. ABX2-1 would authorize the California Energy Commission to adopt regulations requiring refiners to maintain minimum inventory levels and establish effective penalties to ensure the law is enforceable and Big Oil follows the rules. The Commission can only adopt these regulations if it determines that they will lead to lower average retail prices, increase the fuel supply, and reduce price instability for consumers.

Attorney General Bonta is steadfast in his commitment to protect consumers at the pump and hold bad actors accountable. This month, Attorney General Bonta urged California residents who purchased gas in Southern California in 2015 to submit a claim for a payment under the state’s $50 million settlement with gas trading firms for tampering with and manipulating prices for California gasoline. Last year, Attorney General Bonta co-sponsored SBX1-2, which increases transparency in the oil industry to help identify causes of price irregularities. Authored by Senator Nancy Skinner (D-Berkeley), co-sponsored by Governor Newsom, and approved by a supermajority in both the Senate and Assembly, SBX1-2 created a dedicated independent watchdog to root out market manipulation and price gouging by oil companies. The law went into effect on June 26, 2023.  

 

Attorney General Bonta’s Sponsored Bill to Protect Children from Social Media Addiction, Adverse Health Effects, Signed into Law

September 20, 2024
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

OAKLAND — California Attorney General Rob Bonta today issued a statement after Senate Bill 976 (SB 976) was signed into law by Governor Gavin Newsom. Authored by Senator Nancy Skinner (D-Berkeley), SB 976, also known as the Protecting Our Kids from Social Media Addiction Act, interrupts the ability of social media companies and other website operators to use addictive algorithmic feeds, notifications, and other addictive design features to coerce children and teens to spend hours and hours on their platforms. The law will require parental consent for these features, empowering families to create healthy boundaries around kids’ social media use. 

“Kids use the internet to find community and learn about themselves and the world. We must protect their ability to do this safely,” said Attorney General Rob Bonta. “Social media companies have shown us time and time again that for profit, they are willing to use addictive design features, including algorithmic feeds and notifications at all hours of the day and night, to target children and teens. SB 976 changes this and puts families in control.”

“Social media companies have designed their platforms to addict users, especially our kids. Studies show that once a young person has a social media addiction, they experience higher rates of depression, anxiety, low self-esteem, and suicide. But social media companies have been unwilling to voluntarily change their practices,” said Senator Nancy Skinner (D-Berkeley), author of SB 976. “With the passage of SB 976, the California Legislature has sent a clear message: When social media companies won’t act, it’s our responsibility to protect our kids.”

SB 976 would give parents and guardians the choice of whether users under the age of 18 would receive an algorithmically determined feed of content on social media platforms and other websites. The law does not restrict content in any way, and young users could still search for content, follow or block content from specific sources, and see a chronological feed of posts and content. Algorithmic feeds can be addictive and heavy social media is associated with harms to the mental health of young users. Some social media companies knowingly design platforms in a way that contributes to social isolation and loneliness and harms kids’ mental health during a time that is critically important for brain development.

SB 976 prohibits social media platforms from sending notifications between 12:00 a.m. and 6:00 a.m. to users who are not established to be over age 18 unless a parent or guardian has provided consent.

The Protecting Our Kids from Social Media Addiction Act also requires social media platforms to provide parents and guardians the ability to: 

  • Prevent notifications during other hours – for example, when the child should be at school or doing homework.
  • Limit the child’s access to any addictive feed from the platform to a length of time per day determined by the parent or guardian, with a default of one hour per day.
  • Limit the visibility of likes and other engagement metrics that contribute to an addictive social media experience.
  • Select a private mode, where only the user’s connections can view or respond to content posted by the child.
  • Select a feed that’s not recommended, selected, or prioritized based on information collected from that child. 

SB 976 requires the majority of the above safeguards to be turned on by default because safety should always be the default.

The text of the legislation is available here.

Attorney General Bonta: Landmark Legislation to Protect Youth Online Passes the Senate

May 20, 2024
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SACRAMENTO — California Attorney General Bonta issued the following statement after Senate Bill 976 (SB 976) Protecting Our Kids from Social Media Addiction Act passed the Senate. SB 976, sponsored by Attorney General Bonta and authored by Senator Nancy Skinner (D-Berkeley), would limit the harms associated with social media addiction. This marks an important continuation of Attorney General Bonta’s commitment to improving child safety online.

“SB 976 puts control back in the hands of parents and children. Our children and teens are experiencing a public health crisis, caused by social media companies in their thirst for profits,” said Attorney General Bonta. “In California, we take mental health seriously, we take children’s online safety seriously — and we know that we don’t have a minute to waste to protect our kids. In California, we move fast and fix things.”

SB 976, co-sponsored by Public Health Advocates and the Association of California School Administrators, takes steps to protect young users from online addiction. First, SB 976 would give parents the choice of whether users under the age of 18 would receive a chronological feed from users they already follow or the current default on addictive social media platforms, an algorithmic feed. Algorithmic feeds fuel harmful and addictive use of the platforms and heavy social media use can cause mental health harms to young users. Second, the bill would prohibit social media platforms from sending notifications between 12:00 a.m. and 6:00 a.m. to users under age 18, unless a parent or guardian has provided consent. Third, SB 976 expands parental controls by requiring social media platforms to provide parents the ability to establish certain protections that will be turned on by default, including the ability to halt social media notifications and to block access to platforms for minors during nighttime hours and during the school day. 

ICYMI: SB 976 in the LA Times: Social Media Companies Refuse to Safeguard Kids. It’s Up to Lawmakers Now.

April 23, 2024
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

The LA Times published an op-ed yesterday highlighting the urgent need for Senate Bill 976 (SB 976), The Protecting Our Kids from Social Media Addition Act. SB 976, authored by Senator Skinner (D-Berkeley) and sponsored by Attorney General Bonta, would limit the harms associated with social media addiction, and marks an important continuation of Attorney General Bonta’s commitment to improving child safety online.

The op-ed, excerpted below, can be read in its entirety here.

By The Times Editorial Board

From state capitols to Washington, D.C., lawmakers are scrambling to come up with regulations that can protect kids from the potential harms of social media, since the platforms have been unwilling to adopt reasonable safeguards themselves. A dozen other states, including California, are considering or have passed laws that would force companies to design their platforms to be safer for kids. 

This legislation is driven by a growing understanding that social media apps can be addictive and are dangerous to children’s mental health. The American Psychological Assn. urged again this month that policymakers require that tech companies reduce the risks embedded in the platforms.

Yet the drive for regulation is facing stiff pushback from the tech industry, which has lobbied against the bills and filed lawsuits to block new legislation from taking effect, arguing the laws are unconstitutional.  

Senate Bill 976 by Sen. Nancy Skinner (D-Berkeley) would require that social media platforms essentially turn off their algorithms for users under 18 and instead serve them content through a chronological feed from people they follow and information that they’ve searched for. The algorithms are designed to feed users a steady stream of content they didn’t necessarily ask for that keeps them on the app, which is why the algorithms have been called addictive.

The bill is sponsored by Atty. Gen. Rob Bonta, who sued Meta last year alleging the company used harmful and “psychologically manipulative product features,” such as “likes,” infinite scroll and constant alerts, to hook young people on Instagram and Facebook and keep them engaged for as much time as possible in order to boost profits.

These are reasonable safeguards and much less restrictive than proposals in other states, yet tech industry groups have opposed the bill. It’s likely that any law attempting to put guardrails on social media platforms will face legal challenges. This is complex legal and regulatory terrain, but that’s exactly why California lawmakers should keep pushing ahead with SB 976 and similar efforts. The tech industry has been unwilling to voluntarily change its practices to protect children. Lawmakers have to do it for them.

ICYMI: Attorney General Bonta in USA Today: Social Media is Addictive by Design. We Must Act to Protect our Kids’ Mental Health.

March 18, 2024
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

California Attorney General Rob Bonta and New York Attorney General Letitia James last week published an op-ed in USA Today, excerpted below, highlighting legislation sponsored by the California Department of Justice.

By Attorney General Rob Bonta and Attorney General Letitia James:

As state attorney generals, we have two primary duties: defending our states’ laws and interests, and protecting the rights and well-being of the people we were elected to serve. When Americans across the country faced urgent and powerful threats to their health, safety and prosperity, attorneys general across the nation have stood together to take them on. Now, as a mental health crisis exacerbated by social media giants seeking to addict and commodify the attention of children grows worse and worse each year, it’s time to take collective action again. 

We will not stand by and watch an arms race among social media mega-corporations over who can best profit from our children’s pain and addiction. That is why we are using every tool at our disposal to fight back against these pernicious practices: from the courthouse to the statehouse.  That is why we are also championing legislation in our respective states to crack down on addictive feeds and safeguard against the collection and sale of children’s personal information.

Curbing the excesses of some of the world’s most powerful and influential companies will not be easy. But the formative mental health of a generation is at stake, and we cannot afford to stand idly by and not respond. We’ve stepped up before as attorneys general to address a rising threat to the health and safety of our constituents. With the support and courage of our colleagues in our states’ legislatures, we know that we will succeed, and that children will finally be protected against the most insidious harms of social media. 

To read the op-ed in its entirety please see here.

To learn more about California’s legislation please see here.

Attorney General Rob Bonta, Senator Limón Unveil Legislation to Protect Consumers Against Medical Debt

March 10, 2024
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SACRAMENTO – California Attorney General Rob Bonta, Senator Monique Limón (D- Santa Barbara), and a coalition of prominent consumer advocacy organizations today unveiled Senate Bill 1061 (SB 1061), legislation seeking to protect consumers from having their credit ruined by prohibiting medical debt from being reported on credit reports. Credit reports are meant to gauge an individual’s ability to repay future debt. Medical debt is often unforeseen and not a reliable indicator of financial risk, yet it can unfairly prevent consumers from getting loans, renting an apartment, or getting a job.

“California families should not need to suffer from the harmful and unnecessary impacts resulting from having their credit damaged by medical debt. We have a straightforward solution and need to implement it here in California, just as we have seen some of our sister states do successfully,” said Attorney General Rob Bonta. “There is no need for medical debt to appear on credit reports and we can stop the harmful spiral where people have unforeseen, catastrophic medical debt and become unhoused, unemployed, or without a vehicle to get to work. To reduce homelessness, to reduce food insecurity, and to address many of California’s other systemic issues, we must utilize upstream interventions that get to the crux of these problems. This is exactly what SB 1061 does.”

“Today a staggering 1 in 5 Californians has reported having medical debt with a disproportionate impact on women and mothers. This debt negatively impacts Californians credit history making it harder to secure a loan, buy a house, or be approved for a credit card,” said Senator Monique Limón. “Without a robust health care system that covers necessary and often lifesaving medical expenses in a timely, accurate and comprehensive manner, medical debt should not be included on consumer's credit reports.”

“We’ve known for years that medical debt doesn’t predict credit defaults, nor does it accurately predict a person’s desire and willingness to pay off loans,” said Jenn Engstrom, State Director of CALPIRG. “We’re hopeful that the legislation introduced by Senator Limón and sponsored by Attorney General Bonta will help create a fair credit system that doesn’t penalize people for life events they can’t control like getting sick.”

"Frontline nurses know that patients with medical debt, especially low-income Californians, delay or avoid medical care because they worry about the impact on their credit reports," said California Nurses Association President Cathy Kennedy, RN. "SB 1061 will help to ensure patients will get the care they need by removing medical debt from credit reports. Then we will have a fair credit system that will not penalize patients when they get the care they need and deserve." 

“People can’t control when they will get sick or hurt, and they can’t control when billing disputes and insurance problems will cause debts for expensive medical care to end up in collections,” said Chi Chi Wu, senior attorney at the National Consumer Law Center. “This law is necessary to protect consumers from unmanageable and unpredictable medical debts and to address the disparate impact of medical debt on Black households.”

"Getting hit with medical debt isn't like taking out a loan," noted Ted Mermin, director of the California Low-Income Consumer Coalition. "It's not voluntary, it doesn't predict how creditworthy you are, and all too often the amount you're charged is something the healthcare provider basically made up. But there's nothing fictional about the serious negative impact medical debt can have on consumers' credit reports."

"The Consumer Federation of California is pleased to be a co-sponsor of SB 1061 and work with Senator Limón, Attorney General Bonta and all the other fine groups working to enhance consumer protection when it comes to medical debt," said Robert Herrell, Executive Director of the Consumer Federation of California. "Simply put, California is falling behind in consumer protection in this area. States like New York and Colorado are leading the way. Those states have realized that medical debt shouldn't be an anchor dragging consumers down, both personally and via their credit worthiness. California must do better for consumers and this bill is an important step in that direction. This bill will put California back at the front of the line when it comes to consumer protection against medical debt ruining their lives."

"Health care costs are rising, forcing more and more Californians to delay or skip care in fear of getting an expensive medical bill that can lead to debt,” said Katie Van Deynze, policy and legislative advocate for Health Access California, a co-sponsor of the bill. "Black, Latino and low-income Californians disproportionately have medical debt, and counting it against credit exacerbates inequities in health, housing, employment and more. SB 1061 will give all Californians more peace of mind to seek the care they need knowing it will not negatively affect their credit and their future."

The bill sponsored by Attorney General Rob Bonta, the National Consumer Law Center, the CA Nurses Association, Health Access CA, Consumer Federation of CA, CA Low Income Consumer Coalition, Cal-PIRG, and authored by Senator Limón states that:

  • Health care providers should not provide information regarding a patient’s medical debt to a credit reporting agency. 
  • Health care providers should include a provision in any contract entered into with a collection agency that prohibits the reporting of any information regarding a patient’s medical debt to a consumer credit reporting agency.
  • Credit reporting agencies should not accept, store, or disclose any information concerning a medical debt.

Medical debt continues to increase and is a barrier to employment, housing, and the promotion of health care access and equity. The Urban Institute reported 7.8% of California consumers with a credit report had a medical debt listed on it, increasing to 8.5% for Black Californians. People with medical debt are more likely to say debt has caused them to be turned down for a rental or a mortgage than people with student loans or credit card debt, increasing their risk of homelessness or being forced to live in substandard housing. Debt can also create barriers for finding employment as employers often use credit reports as a basis for hiring decisions, which in turn, makes it even more difficult to pay off medical debt. Both Colorado and New York have passed laws that prohibit medical debt from appearing on credit reports. In September 2023, the Consumer Financial Protection Bureau announced a rulemaking process to remove medical bills from consumers' credit reports.

Text for the proposed bill can be found here

In Recognition of National Consumer Protection Week, Attorney General Bonta Highlights Recent DOJ Consumer Protection Action, Urges Consumers to Know Their Rights

March 6, 2024
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

OAKLAND – In recognition of National Consumer Protection Week, California Attorney General Rob Bonta today highlighted ongoing efforts to protect California consumers and urged Californians to report misconduct or violations of state consumer protection laws to the California Department of Justice (DOJ) at oag.ca.gov/report. Complaints submitted by the public provide DOJ with important information about potential misconduct to help determine whether to investigate a business or individual.

“In California, we have strong consumer protection laws and a tremendous team working around the clock to protect Californians online, in their financial lives, in their efforts to find and keep housing and education, and across the marketplace. And we need your help,” said Attorney General Bonta. “This National Consumer Protection week I urge Californians to stand up with me and know their rights as consumers, and to let us know if they see misconduct in the market. Whether protecting data privacy, tenant protections, or stopping egregious bank fees, as the People’s Attorney, I am committed to enforcing consumer protections in the state of California and speaking out for consumer protections nationwide.”

STANDING UP FOR CONSUMER FINANCIAL PROTECTION:

In February, Attorney General Bonta issued letters to banks and credit unions not subject to the Consumer Financial Protection Bureau’s supervision warning that overdraft and returned deposited item fees may violate California’s Unfair Competition Law (UCL) and the federal Consumer Financial Protection Act (CFPA). Some financial institutions charge up to $36 or more for each overdraft. California consumers paid an estimated $200 million in overdraft fees in 2022, with the financial burden disproportionately falling on low-income consumers and consumers of color.

In December 2023, Attorney General Bonta joined a bipartisan multistate coalition of attorneys general in submitting an amicus brief to the U.S. Supreme Court defending states’ rights to enforce state consumer financial protection in Cantero v. Bank of America.

In May 2023, Attorney General Bonta, and a coalition of 24 attorneys general, filed an amicus brief in the U.S. Supreme Court supporting the Consumer Financial Protection Bureau’s (CFPB) contention that the agency’s funding structure is constitutional and arguing that the court should not invalidate the CFPB’s past and ongoing regulatory and enforcement actions. Those regulatory and enforcement actions cover all aspects of consumer financial markets; if allowed to stand, the Fifth Circuit’s decision threatens to upend over a decade of enforcement and regulatory work by the CFPB and would be detrimental to consumers across the country.

HIGHER EDUCATION: 

There is a $1.7 trillion student loan debt crisis in the United States. DOJ is committed to supporting the efforts of the U.S. Department of Education to ease the burden of federal student loans and is committed to protecting California student loan borrowers and those seeking higher education from predatory colleges and lending.  

In February, Attorney General Bonta celebrated the decision by the California Court of Appeal affirming a lower court’s decision which found in the state’s favor in its lawsuit against Ashford University, an online, for-profit college, for violating California’s unfair competition and false advertising laws. In 2017, DOJ filed a lawsuit alleging that Ashford University and Zovio provided false and misleading information to students about career outcomes, cost and financial aid, pace of degree programs, and transfer credits, in order to persuade them to enroll to persuade them to enroll in the school and then used illegal debt collection practices when students struggled to pay their bills. As part of the decision, the court ordered Ashford University and Zovio to pay more than $21 million in penalties.

If you believe you have been the victim of a predatory loan, deceived by a for-profit college, or otherwise taken advantage of, you can file a complaint at oag.ca.gov/report

HOUSING: 

California is facing a housing shortage and affordability crisis of epic proportions. Almost 17 million Californians – 44% of all state residents – live in homes that are rented and over half of California renter households are housing cost-burdened, placing them at increased risk of housing instability and homelessness. Co-authored by Attorney General Bonta during his time as a state assemblymember, the Tenant Protection Act (TPA) limits rent increases and prohibits landlords from evicting tenants without just cause.

In February, Attorney General Bonta announced a settlement with two separate Bakersfield landlords and their property management company, Clemmer & Company, for multiple violations of the TPA and, in the case of the management company and one landlord, for violation of the Fair Employment and Housing Act.

Also in February, Attorney General Bonta issued five housing consumer alerts advising California tenants of their rights and protections under state law, and alerting property managers and landlords of their obligations to tenants. One of the alerts, a Know Your Rights alert that notifies tenants of the TPA’s statewide rent increase cap, is available in 24 languages. The remaining four consumer alerts are available in English, Spanish, Chinese (Simplified), Korean, Tagalog, and Vietnamese. All of the alerts are available here, near the bottom of the page.

In January, Attorney General Bonta announced a settlement with Invitation Homes to resolve allegations that the company violated the TPA and California’s price-gouging law by unlawfully increasing rents on approximately 1,900 households.

In June 2023, Attorney General Bonta announced a settlement against Green Valley Corporation, a San Jose-based housing developer and property manager to resolve allegations that the company violated the TPA by issuing unlawful rent increases to nearly 20 of its employee tenants and serving unlawful eviction notices to six of those employee tenants.

In addition to statewide protections, some cities and counties have additional rental protections, including stricter limits on rent increases than the TPA and additional just cause requirements. Californians should check what protections are in place where they live. For more information and resources, visit the Resources for Tenants tab here.

PROTECTING CHILDREN ONLINE:  

In January, Attorney General Bonta, Assemblymember Buffy Wicks, and Senator Nancy Skinner introduced the California Children’s Data Privacy Act (AB 1949 (Wicks)), and the Protecting Our Kids from Social Media Addiction Act (SB 976 (Skinner)), landmark legislation seeking to protect youth online. These two bills would, respectively, limit the harms associated with social media addiction and provide more robust protections for kids’ data privacy.

In October 2023, Attorney General Bonta co-led a bipartisan coalition of 33 attorneys general in filing a federal lawsuit against Meta Platforms, Inc. and affiliates (Meta), alleging that Meta designed and deployed harmful features that addict children and teens to their mental and physical detriment. Unredacted documents from this lawsuit demonstrate Meta is aware and purposefully utilizing algorithmic content delivery to target and addict children to social media — actions that they know is causing harm. 

DATA PRIVACY:

The California Consumer Privacy Act (CCPA) provides consumers with groundbreaking rights over their personal information, including:

  • Right to Know – Consumers may request that a business tell them what specific personal information they have collected, shared, or sold about them, and why it was collected, shared, or sold.
  • Right to Delete — Consumers may request that a business delete personal information that the business collected from the consumer, subject to some exceptions.
  • Right to Opt-Out — If a business sells their personal information, consumers may request that it stop doing so.
  • Rights for Minors — A business cannot sell the personal information of minors under the age of 16 without their permission and, for children under 13, without parental consent.
  • Right to Non-Discrimination — A business may not discriminate against consumers who exercise their rights under the CCPA.

Earlier this year, as part of ongoing efforts to enforce the CCPA, Attorney General Bonta announced an investigative sweep, and sent letters to businesses with popular streaming apps and devices, alleging that they fail to comply with the CCPA. The sweep focused on the compliance of streaming services with CCPA’s opt-out requirements for businesses that sell or share consumer personal information, including those that do not offer an easy mechanism for consumers who want to stop the sale of their data.  

In February Attorney General Bonta announced a settlement with DoorDash, resolving allegations that the company violated the CCPA and the California Online Privacy Protection Act (CalOPPA) by selling its California customers’ personal information without providing notice or an opportunity to opt out of that sale.

For more information about the CCPA, visit oag.ca.gov/ccpa. To report a violation of the CCPA to the Attorney General, submit a complaint at oag.ca.gov/report.

TELEMARKETING:

Telephone scams, like robocalls and robotexts, can result in people losing millions through phishing texts, imposter scams, and links containing ransomware. In 2023 alone, consumers reported losing more than $10 billion to fraud, this marks a 14% increase over reported losses in 2022. 

In February, Attorney General Bonta joined a coalition of 51 bipartisan attorneys general in issuing a warning letter to Life Corporation, a company that allegedly sent New Hampshire residents scam election robocalls during the New Hampshire primary election. The calls allegedly used artificial intelligence to impersonate the president and discourage voters from participating in the primary. 

In January, Attorney General Bonta joined a coalition of 26 attorneys general in filing a comment letter responding to the Federal Communications Commission’s (FCC) notice of inquiry related to the potential impact of emerging artificial intelligence (AI) technology on efforts to protect consumers from illegal robocalls or robotexts. 

For more tips and information on consumer protection, please visit https://oag.ca.gov/consumers.

 

Attorney General Bonta Joins National Fight for Commonsense Gun Laws

December 29, 2023
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

OAKLAND — California Attorney General Rob Bonta, as part of a coalition of 22 attorneys general, filed a brief in support of a federal law that prohibits firearms dealers from selling handguns and handgun ammunition to persons under the age of 21. The case, McCoy v. Bureau of Alcohol, Tobacco, Firearms & Explosives, is currently pending in the U.S. Court of Appeals for the Fourth Circuit, and addresses a Second Amendment challenge to 18 U.S.C. § 922(b)(1). States across the nation protect their citizens through the application of similar age-based restrictions on the possession, purchase, sale, transfer, or use of firearms because such laws have proven to promote public safety and curb gun violence within their borders.

“Federal law has prevented federally licensed firearms retailers from selling handguns and ammunition for handguns to individuals under the age of 21 for nearly six decades,” said Attorney General Bonta. “As firearms continue to lead to more than 45,000 deaths per year, it is unwise to overturn this long-standing federal prohibition that helps reduce the scourge of gun violence in our communities. We support these federal regulations and those of sister states aimed at ending gun violence through commonsense laws that improve public safety."

In the brief, the states assert that the federal law is constitutional under the Second Amendment, as it is consistent with a historical tradition of federal and state regulations promoting gun safety and protecting communities from gun violence. The coalition argues that the district court’s decision misreads the U.S. Supreme Court’s decision in New York State Rifle & Pistol Association, Inc. v. Bruen, which preserves federal authority to regulate firearms through laws that are “consistent with the Second Amendment’s text and historical understanding.”

Attorney General Bonta urges the Fourth Circuit Court of Appeals to overturn the lower court decision because:

  • The Second Amendment allows governments to enact measures to promote gun safety and protect against gun violence that are consistent with historical tradition. 
  • The challenged restriction is consistent with measures taken by many states and upheld on historical grounds by courts across the country. 

Attorney General Bonta stands with partners throughout the state to continue tackling the issue of gun violence strategically and aggressively by:

Attorney General Bonta joins the attorneys general of Arizona, Colorado, Connecticut, Dealaware, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersy, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and the District of Columbia.

A copy of the brief can be found here.