Consumer Federation of California

Bill would be first in the nation, spur pro-privacy technological advancements;  8th CFC bill signed into law in 2024

SACRAMENTO, CA – Today legislation co-sponsored by the Consumer Federation of California (CFC), the University of California, Irvine Law Domestic Violence Clinic and the domestic violence (DV) prevention group EndTAB was signed by Governor Gavin Newsom. The new law empowers DV survivors with greater privacy protections and prevents the exploitation of their data collected through connected vehicles.

“The Consumer Federation of California (CFC) thanks Governor Newsom for signing this first in the nation bill to protect domestic violence (DV) survivors from being tracked and harmed in their vehicles. This new law will also spur pro-privacy technological advancements in the automotive industry. DV survivors need maximum protection from their abusive partners to be safe in their cars. CFC thanks Senator Min and Assemblymember Weber for their leadership on this important issue and stands with our co-sponsors from the legal and DV communities,” said Robert Herrell, Executive Director of the Consumer Federation of California.

Senate Bill 1394 is jointly authored by Senator Dave Min (D – Irvine), Assemblymember Dr. Akilah Weber (D – San Diego), and Senator Angelique Ashby (D – Sacramento). This bipartisan bill provides rapid termination of an abuser’s access to app-connected, remote, and GPS-based vehicle technologies upon the survivor providing requisite proof to a vehicle manufacturer. Ultimately, SB 1394 prevents abusive partners from exploiting vehicle technology as a means of continued abuse. 

“Safe access to a vehicle is a lifeline for an abuse survivor, but abusive partners too often use remote vehicle technology to surveil, stalk, harass, and intimidate survivors,” states Professor Jane Stoever, Director of the UCI Law Domestic Violence Clinic, which co-sponsored SB 1394 on behalf of their clients. “The protections in SB 1394 are not merely about emerging technology, but provide safety, privacy, and the right to live – and drive – free from fear. We are thrilled that Governor Newsom signed into law this bill which should serve as a global model.”

DV survivors are often denied requests to sever their abuser’s access to vehicle technology. Many auto manufacturers lack processes for responding to these requests and sometimes refuse to act even when ordered by a court. This inability to control access to personal data poses significant safety risks for survivors.

For example, in 2018, a San Francisco woman faced harassment from her abusive husband, who tracked her Tesla, unlocked its doors, turned off the charging, and left a baseball bat inside.¹ Despite having a restraining order, she asked Tesla to sever her husband’s access to the car’s technology. Tesla refused, citing his name as a co-owner on the vehicle title, even though she had sole possession. The woman sued Tesla, but the court ruled in favor of the company, stating that the husband “had a right” to access the car’s technology.

With the rise of connectivity in vehicles, the potential for abuse has increased. Following the federal Safe Connections Act of 2022, which set forth a process for DV survivors to request that their phone providers disconnect DV abusers from a phone plan shared with a DV survivor, the Federal Communications Commission inquired with automakers about their support for survivors and the use of geolocation data. Vehicle privacy protections like those in SB 1394 represent the next step of DV survivors.²

SB 1394 will require carmakers to disable an abuser’s access to vehicle technology upon a survivor’s request, provided they present proof of legal possession, such as a dissolution decree, temporary order, or domestic violence restraining order. A court order granting sole possession takes precedence over joint ownership on the vehicle title. The bill offers a straightforward process with clear timelines and required forms, making it an effective and easy-to-implement solution. Additionally, it includes safety features like in-vehicle notifications when a vehicle is being tracked and options to disconnect from location tracking.

SB 1394 takes effect in stages, with the first portion effective on July 1, 2025 and the final portion relating to new automobile requirements taking effect on January 1, 2028.

CFC has now had eight sponsored or co-sponsored bills signed by Governor Newsom in 2024 covering a wide range of topics. These consumer topics include click/call to cancel automatic subscriptions, medical debt in consumer credit reports, junk and hidden fees in rental housing, overdraft and non-sufficient funds (NSF) fee limits, foreclosure protection, predatory loan brokering and today’s domestic violence survivor automobile protections.

About the Consumer Federation of California: The Consumer Federation of California is a nonprofit advocacy organization that, since 1960, has been a powerful voice for consumer rights. CFC campaigns for laws and regulations that place consumer protection ahead of corporate profit, either in front of the California Legislature or before state agencies in support of consumer regulations.

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1. Kristina Cooke & Dan Levine, “An abused wife took on Tesla over tracking tech. She lost,” Reuters (December 19, 2023), https://www.reuters.com/technology/an-abused-wife-took-tesla-over-tracking-tech-she-lost-2023-12-19/.

2. Dan Levine & Kristina Cooke, “Exclusive: US law on domestic abuse should cover carmakers, FCC chair says,” (February 28, 2024), https://www.reuters.com/world/us/us-law-domestic-abuse-should-cover-carmakers-fcc-chair-says-2024-02-28/.

Tags: 2024 Legislation, Automanufacturers, Domestic Violence, Privacy