Full question:
What is the Statute of Limitations for Business and Professions Code Sections 17550 - 17550.30
- Category: Consumer
- Date:
- State: California
Answer:
A statute of limitations sets the maximum time to file a lawsuit, which varies by case type. Your question does not specify the claim against travel agencies, but the cited California statutes outline obligations for travel organizations. Violating these obligations can lead to different consequences for consumers.
According to Section 17550.018, any action to challenge decisions made by the Attorney General under these sections must follow the provisions of Section 1094.5 of the Code of Civil Procedure. This means the court will review whether there was a prejudicial abuse of discretion based on substantial evidence from the record before the Attorney General.
For refund claims, Section 17550.014(a) mandates that sellers of travel must refund all payments for air or sea transportation or travel services not provided within either thirty days of the scheduled departure date, the refund request date, or the cancellation date, or within three days if the seller is unable to provide the services. 'Unable to provide' includes instances where the passenger's funds are not in the required trust account.
If the seller has disbursed the passenger's funds as allowed, they may provide a written statement and bank records instead of a refund. If the passenger cancels for reasons other than the seller's inability to provide services, the refund must comply with the agreed terms and conditions. Any material misrepresentation by the seller is considered a violation and requires a refund.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.