First, check whether the law likely applies
AB 1609 protects a "customer," which Business & Professions Code § 22625 (b) defines as a natural person residing in California. Residence refers to the address associated with your account.
It applies to a "large private business" — one with more than $500,000,000 in gross annual revenue nationally that provides goods and services to customers (§ 22625(g)). "Services" means services you pay for; free services are excluded even if upgrades are available later (§ 22625(j)).
Use plain, common requests
Under § 22627(a), a covered business must offer, during at least regular business hours, a simple feature on all its customer service platforms — including online chatbots and phone lines — that lets you request to connect to a customer service agent. The law says this is satisfied by commonly understood commands, prompts, menu selections, or verbal requests.
Practical tips (our interpretation)
- In a chat window, try typing a plain request such as "agent", "representative", or "talk to a person".
- On a phone line, try saying "representative" or choosing the menu option for an agent.
- Note the time you made the request.
What timing the business must try to meet
The business must make a good-faith effort either to connect you to an agent within 15 minutes of your request (§ 22627(b)(1)(A)), or to give you a specific appointment time within one business day when an agent will call or connect with you (§ 22627(b)(1)(B)). Businesses subject to 16 CCR § 1707.2 may instead return a phone call within one business hour (§ 22627(b)(2)).
Once you are connected with an agent, the business must make a good-faith effort so you are not on hold or waiting more than 15 minutes at any time, and so cumulative hold, wait, and escalation queues do not exceed one hour in total (§ 22627(c)).
These are good-faith standards, not guarantees. A longer wait alone doesn't establish a violation; commercially reasonable and practicable standards designed to achieve compliance satisfy the good-faith requirement (§ 22628(c)).
Know the limits
The 15-minute timing is not required for email, web contact forms, or voicemail (§ 22627(e)(1)); the business's other § 22627 duties still apply. Inability to comply because of unforeseen circumstances, emergencies, or outages is not a violation (§ 22628(f)).
Some services and organizations are exempt, each only on its own terms — for example, hospitals only when communications relate to health care services as listed in the statute (§ 22628(g)).
There is no private right of action (§ 22628(d)); a public prosecutor may bring an action (§ 22628(a)).
Keep a simple record
Keeping a simple record of what happened — the date, channel, and how long you waited — can help if you later choose to share your experience.