Introduction

New immigrants are often new to the English language as well.  Many rip-off artists prey on this vulnerability, coercing immigrants to sign contracts or other documents that they do not understand.  There are a number of ways to challenge contract transactions based on language barriers.  Many of these challenges are based on common law, including contract defenses and/or affirmative fraud claims.  In addition, unfair and deceptive acts and practices (UDAP) remedies can often be used effectively in these cases.

A few states have addressed this issue by passing statutes specifically requiring contract translations to be provided in certain circumstances.

Below is a list of most state contract translation statutes.  The provisions vary by state.  In some states, the statute applies only to specific types of transactions such as rent-to-own sales.  Translations may be required in any language in which negotiations occurred or only in a specific language such as Spanish.

States with contract translation statutes include:

Arizona: Ariz. Rev. Stat. § 44-1797.05 (applies to discount buying services) Ariz. Rev. Stat. § 44-5004 (applies to door-to-door sales)

California:  Cal. Civ. Code § 1632 (applies to Spanish only) 

Delaware: Del. Code Ann. §4404 (Door-to-Door Sales)

Florida: Florida Rules of the Department of Legal Affairs, ch. 2-9.05 (Advertising and Sales)

Fla. Stat. Ann. § 636.015 (prepaid limited health services organizations) Fla. Stat. Ann. § 641.305 (health maintenance organizations)

Fla. Stat. Ann. § 641.421 (prepaid health clinics)

Illinois: 815 Ill. Comp. Stat. Ann. § 505/2N (applies to all retail transactions, except for transactions made with a credit card) 

Kansas: Kan. Stat. §50-640 (Door-to-Door Sales)

Nebraska: Neb. Rev. Stat. § 69-1604 (door-to-door sales-notice of cancellation rights)

New Jersey: N.J. Stat. Ann. § 17.16C-61.6 and-100 (retail installment sales) 

New Mexico: N.M Stat. Ann. § 57-26-4 (if rent-to-own advertisements are made in languages other than English, the company must have purchase agreements in the same languages as the advertisements and make these agreement available to customers) 

New York: N.Y. Pers. Prop. §428 (Door-to-Door SAles)

N.Y. Gen. Bus. §391-1 (personal emergency response systems)

N.Y. Gen. Bus. §369ee (Cancellation notices for prize awards)

North Carolina: N.C. Gen. Stat. §14.401.13 (cancellation notice)

Oregon: Or. Rev. Stat. § 646.249 (lease-purchase agreements)

Pennsylvania: Pa. Stat. Ann. tit. 73, § 201-7 (door-to-door sales)

Puerto Rico: 20 P.R. Laws Ann. §3055

17 P.R. Laws Ann. §510 (certain property sales)

10 P.R. Laws Ann. §741 (retail installement contracts)

Texas: Tex. Bus. And Com Code Ann. § 35.72 (rent-to-own)

Vermont: Vt. Stat. Ann. tit. 9, § 2454 (door-to-door sales)

Wisconsin: Wisconsin Dep’t of Agriculture, Trade and Consumer Protection Rules Wis. Ad. Code ch. ATCP 127, Home Solicitation Selling (applies to door-to-door sales)

Wis. Stat. § 423.203 (notice of cancellation rights)

Wyoming: Wyo. Stat. An. § 40-19-106 (rent-to-own)

There is also a Federal Trade Commission Used Car Rule (16 C.F.R. §455) that requires disclosure of certain information in the sale of used cars.  When a sale is conducted in Spanish, the Buyers Guide and the contract language disclosures must be available in both Spanish and English.  (16 C.F.R. §455.5).  In addition, if a dealer offers to sell cars to some consumers who speak only Spanish and others who speak English, the dealer must display both an English and a Spanish Buyers Guide before the car is offered for sale.

For more information on this topic, see Steven W. Bender, "Consumer Protections for Latinos:  Overcoming Language Fraud and English-only in the Marketplace", 45 Am. U. L. Rev. 1027 (1996).