The legal scope of the bill, according to Christian Rataj, NAMIC’s senior director of state affairs for the West region, would create a de-facto ban on contractual waivers voluntarily agreed to by a consumer, unless the contractual waiver is “specifically permitted” by a consumer health, safety, or welfare law, rule, ordinance or regulation.
“NAMIC is opposing this bill because it will create a host of adverse unintended consequences for businesses and consumers,” Rataj said. “It is unnecessary because the judicial system already possesses the legal power to invalidate any contract or contractual provision, including waivers, which are determined by the court to be void as against public policy.
“HB 4140 doesn’t provide any new consumer protections. The bill merely creates legal uncertainty for contracting parties,” he continued. “The proposed legislation will have serious implications for consumers and businesses, which need to enter into contractual relationships, including the execution of waivers, to effectuate standard business transactions.”
Director of Public Affairs, State & Policy Affairs