1786.10. (a) Every investigative consumer reporting agency shall,
upon request and proper identification of any consumer, allow the
consumer to visually inspect all files maintained regarding the
consumer at the time of the request.
(b) (1) All items of information shall be available for
inspection, except that the sources of information, other than public
records and records from databases available for sale, acquired
solely for use in preparing an investigative consumer report and
actually used for no other purpose need not be disclosed. However, if
an action is brought under this title, those sources shall be
available to the consumer under appropriate discovery procedures in
the court in which the action is brought.
(2) This title shall not be interpreted to mean that investigative
consumer reporting agencies are required to divulge to consumers the
sources of investigative consumer reports, except in appropriate
discovery procedures as outlined in this title.
(c) The investigative consumer reporting agency shall also
identify the recipients of any investigative consumer report on the
consumer that the investigative consumer reporting agency has
furnished for either of the following purposes:
(1) For employment or insurance purposes within the three-year
period preceding the request.
(2) For any other purpose within the three-year period preceding
the request.
(d) The identification of a recipient under subdivision (c) shall
include the name of the recipient or, if applicable, the trade name
(written in full) under which the recipient conducts business and,
upon request of the consumer, the address and telephone number of the
recipient.
(e) The investigative consumer reporting agency shall also
disclose the dates, original payees, and amounts of any checks or
charges upon which is based any adverse characterization of the
consumer, included in the file at the time of the disclosure.
1786.11. Every investigative consumer reporting agency that
provides an investigative consumer report to a person other than the
consumer shall make a copy of that report available, upon request and
proper identification, to the consumer for at least two years after
the date that the report is provided to the other person.
1786.12. An investigative consumer reporting agency shall only
furnish an investigative consumer report under the following
circumstances:
(a) In response to the order of a court having jurisdiction to
issue the order.
(b) In compliance with a lawful subpoena issued by a court of
competent jurisdiction.
(c) In accordance with the written instructions of the consumer to
whom it relates.
(d) To a person that it has reason to believe:
(1) Intends to use the information for employment purposes; or
(2) Intends to use the information serving as a factor in
determining a consumer's eligibility for insurance or the rate for
any insurance; or
(3) Intends to use the information in connection with a
determination of the consumer's eligibility for a license or other
benefit granted by a governmental instrumentality required by law to
consider the applicant's financial responsibility or status; or
(4) Intends to use the information in connection with an order of
a court of competent jurisdiction to provide support where the
imposition or enforcement of the order involves the consumer; or
(5) Intends to use the information in connection with the hiring
of a dwelling unit, as defined in subdivision (c) of Section 1940.
(e) An investigative consumer reporting agency shall not prepare
or furnish an investigative consumer report to a person described in
subdivision (d) unless the agency has received the certification
under paragraph (4) of subdivision (a) of Section 1786.16 from the
person requesting the report.
(f) An investigative consumer reporting agency shall not furnish
an investigative consumer report to a person described in subdivision
(d) if that report contains medical information about a consumer,
unless the consumer consents to the furnishing of the report.
1786.14. Notwithstanding the provisions of Section 1786.12 an
investigative consumer reporting agency may furnish to a governmental
agency a consumer's name, address, former address, places of
employment, or former places of employment.
1786.16. (a) Any person described in subdivision (d) of Section
1786.12 shall not procure or cause to be prepared an investigative
consumer report unless the following applicable conditions are met:
(1) If an investigative consumer report is sought in connection
with the underwriting of insurance, it shall be clearly and
accurately disclosed in writing at the time the application form,
medical form, binder, or similar document is signed by the consumer
that an investigative consumer report regarding the consumer's
character, general reputation, personal characteristics, and mode of
living may be made. If no signed application form, medical form,
binder, or similar document is involved in the underwriting
transaction, the disclosure shall be made to the consumer in writing
and mailed or otherwise delivered to the consumer not later than
three days after the report was first requested. The disclosure shall
include the name and address of any investigative consumer reporting
agency conducting an investigation, plus the nature and scope of the
investigation requested, and a summary of the provisions of Section
1786.22.
(2) If, at any time, an investigative consumer report is sought
for employment purposes other than suspicion of wrongdoing or
misconduct by the subject of the investigation, the person seeking
the investigative consumer report may procure the report, or cause
the report to be made, only if all of the following apply:
(A) The person procuring or causing the report to be made has a
permissible purpose, as defined in Section 1786.12.
(B) The person procuring or causing the report to be made provides
a clear and conspicuous disclosure in writing to the consumer at any
time before the report is procured or caused to be made in a
document that consists solely of the disclosure, that:
(i) An investigative consumer report may be obtained.
(ii) The permissible purpose of the report is identified.
(iii) The disclosure may include information on the consumer's
character, general reputation, personal characteristics, and mode of
living.
(iv) Identifies the name, address, and telephone number of the
investigative consumer reporting agency conducting the investigation.
(v) Notifies the consumer in writing of the nature and scope of
the investigation requested, including a summary of the provisions of
Section 1786.22.
(vi) Notifies the consumer of the Internet Web site address of the
investigative consumer reporting agency identified in clause (iv),
or, if the agency has no Internet Web site address, the telephone
number of the agency, where the consumer may find information about
the investigative reporting agency's privacy practices, including
whether the consumer's personal information will be sent outside the
United States or its territories and information that complies with
subdivision (d) of Section 1786.20. This clause shall become
operative on January 1, 2012.
(C) The consumer has authorized in writing the procurement of the
report.
(3) If an investigative consumer report is sought in connection
with the hiring of a dwelling unit, as defined in subdivision (c) of
Section 1940, the person procuring or causing the request to be made
shall, not later than three days after the date on which the report
was first requested, notify the consumer in writing that an
investigative consumer report will be made regarding the consumer's
character, general reputation, personal characteristics, and mode of
living. The notification shall also include the name and address of
the investigative consumer reporting agency that will prepare the
report and a summary of the provisions of Section 1786.22.
(4) The person procuring or causing the request to be made shall
certify to the investigative consumer reporting agency that the
person has made the applicable disclosures to the consumer required
by this subdivision and that the person will comply with subdivision
(b).
(5) The person procuring the report or causing it to be prepared
agrees to provide a copy of the report to the subject of the
investigation, as provided in subdivision (b).
(b) Any person described in subdivision (d) of Section 1786.12 who
requests an investigative consumer report, in accordance with
subdivision (a) regarding that consumer, shall do the following:
(1) Provide the consumer a means by which the consumer may
indicate on a written form, by means of a box to check, that the
consumer wishes to receive a copy of any report that is prepared. If
the consumer wishes to receive a copy of the report, the recipient of
the report shall send a copy of the report to the consumer within
three business days of the date that the report is provided to the
recipient, who may contract with any other entity to send a copy to
the consumer. The notice to request the report may be contained on
either the disclosure form, as required by subdivision (a), or a
separate consent form. The copy of the report shall contain the name,
address, and telephone number of the person who issued the report
and how to contact them.
(2) Comply with Section 1786.40, if the taking of adverse action
is a consideration.
(c) Subdivisions (a) and (b) do not apply to an investigative
consumer report procured or caused to be prepared by an employer, if
the report is sought for employment purposes due to suspicion held by
an employer of wrongdoing or misconduct by the subject of the
investigation.
(d) Those persons described in subdivision (d) of Section 1786.12
constitute the sole and exclusive class of persons who may cause an
investigative consumer report to be prepared.
1786.18. (a) Except as authorized under subdivision (b), an
investigative consumer reporting agency may not make or furnish any
investigative consumer report containing any of the following items
of information:
(1) Bankruptcies that, from the date of the order for relief,
antedate the report by more than 10 years.
(2) Suits that, from the date of filing, and satisfied judgments
that, from the date of entry, antedate the report by more than seven
years.
(3) Unsatisfied judgments that, from the date of entry, antedate
the report by more than seven years.
(4) Unlawful detainer actions where the defendant was the
prevailing party or where the action is resolved by settlement
agreement.
(5) Paid tax liens that, from the date of payment, antedate the
report by more than seven years.
(6) Accounts placed for collection or charged to profit and loss
that antedate the report by more than seven years.
(7) Records of arrest, indictment, information, misdemeanor
complaint, or conviction of a crime that, from the date of
disposition, release, or parole, antedate the report by more than
seven years. These items of information shall no longer be reported
if at any time it is learned that, in the case of a conviction, a
full pardon has been granted or, in the case of an arrest,
indictment, information, or misdemeanor complaint, a conviction did
not result; except that records of arrest, indictment, information,
or misdemeanor complaints may be reported pending pronouncement of
judgment on the particular subject matter of those records.
(8) Any other adverse information that antedates the report by
more than seven years.
(b) The provisions of subdivision (a) are not applicable in either
of the following circumstances:
(1) If the investigative consumer report is to be used in the
underwriting of life insurance involving, or that may reasonably be
expected to involve, an amount of two hundred fifty thousand dollars
($250,000) or more.
(2) If the investigative consumer report is to be used by an
employer who is explicitly required by a governmental regulatory
agency to check for records that are prohibited by subdivision (a)
when the employer is reviewing a consumer's qualification for
employment.
(c) Except as otherwise provided in Section 1786.28, an
investigative consumer reporting agency shall not furnish an
investigative consumer report that includes information that is a
matter of public record and that relates to an arrest, indictment,
conviction, civil judicial action, tax lien, or outstanding judgment,
unless the agency has verified the accuracy of the information
during the 30-day period ending on the date on which the report is
furnished.
(d) An investigative consumer reporting agency shall not prepare
or furnish an investigative consumer report on a consumer that
contains information that is adverse to the interest of the consumer
and that is obtained through a personal interview with a neighbor,
friend, or associate of the consumer or with another person with whom
the consumer is acquainted or who has knowledge of the item of
information, unless either (1) the investigative consumer reporting
agency has followed reasonable procedures to obtain confirmation of
the information, from an additional source that has independent and
direct knowledge of the information, or (2) the person interviewed is
the best possible source of the information.
1786.20. (a) An investigative consumer reporting agency shall
maintain reasonable procedures designed to avoid violations of
Section 1786.18 and to limit furnishing of investigative consumer
reports for the purposes listed under Section 1786.12. These
procedures shall require that prospective users of the information
identify themselves, certify the purposes for which the information
is sought and that the information will be used for no other
purposes, and make the certifications described in paragraph (4) of
subdivision (a) of Section 1786.16. From the effective date of this
title, the investigative consumer reporting agency shall keep a
record of the purposes for which information is sought, as stated by
the user. The investigative consumer reporting agency may assume that
the purpose for which a user seeks information remains the same as
that which a user has previously stated. The investigative consumer
reporting agency shall inform the user that the user is obligated to
notify the agency of any change in the purpose for which information
will be used. An investigative consumer reporting agency shall make a
reasonable effort to verify the identity of a new prospective user
and the uses certified by the prospective user prior to furnishing
the user any investigative consumer reports. An investigative
consumer reporting agency may not furnish an investigative consumer
report to a person unless it has a written agreement that the
investigative consumer reports will be used by that person only for
purposes listed in Section 1786.12.
(b) Whenever an investigative consumer reporting agency prepares
an investigative consumer report, it shall follow reasonable
procedures to assure maximum possible accuracy of the information
concerning the individual about whom the report relates. An
investigative consumer reporting agency shall retain the
investigative consumer report for two years after the report is
provided.
(c) An investigative consumer reporting agency may not make an
inquiry for the purpose of preparing an investigative consumer report
on a consumer for employment purposes if the making of the inquiry
by an employer or prospective employer of the consumer would violate
applicable federal or state equal employment opportunity law or
regulation.
(d) (1) An investigative consumer reporting agency doing business
in this state shall conspicuously post, as defined in subdivision (b)
of Section 22577 of the Business and Professions Code, on its
primary Internet Web site information describing its privacy
practices with respect to its preparation and processing of
investigative consumer reports. If the investigative consumer
reporting agency does not have an Internet Web site, it shall, upon
request, mail a written copy of the privacy statement to consumers.
The privacy statement shall conspicuously include, but not be limited
to, both of the following:
(A) A statement entitled "Personal Information Disclosure: United
States or Overseas," that indicates whether the personal information
will be transferred to third parties outside the United States or its
territories.
(B) A separate section that includes the name, mailing address,
e-mail address, and telephone number of the investigative consumer
reporting agency representatives who can assist a consumer with
additional information regarding the investigative consumer reporting
agency's privacy practices or policies in the event of a compromise
of his or her information.
(2) For purposes of this subdivision, "third party" shall include,
but not be limited to, a contractor, foreign affiliate, wholly owned
entity, or an employee of the investigative consumer reporting
agency.
(e) An investigative consumer reporting agency shall be liable to
a consumer who is the subject of a report if the consumer is harmed
by any unauthorized access of the consumer's personally identifiable
information, act, or omission that occurs outside the United States
or its territories as a result of the investigative consumer
reporting agency negligently preparing or processing an investigative
consumer report, or portion thereof, outside of the United States or
its territories. Liability shall be in an amount equal to the sum of
(1) any actual damages sustained by the consumer as a result of the
unauthorized access, and (2) in the case of any successful action to
enforce any liability under this section, the costs of the action
together with reasonable attorney's fees, as determined by the court.
1786.22. (a) An investigative consumer reporting agency shall
supply files and information required under Section 1786.10 during
normal business hours and on reasonable notice.
(b) Files maintained on a consumer shall be made available for the
consumer's visual inspection, as follows:
(1) In person, if he appears in person and furnishes proper
identification. A copy of his file shall also be available to the
consumer for a fee not to exceed the actual costs of duplication
services provided.
(2) By certified mail, if he makes a written request, with proper
identification, for copies to be sent to a specified addressee.
Investigative consumer reporting agencies complying with requests for
certified mailings under this section shall not be liable for
disclosures to third parties caused by mishandling of mail after such
mailings leave the investigative consumer reporting agencies.
(3) A summary of all information contained in files on a consumer
and required to be provided by Section 1786.10 shall be provided by
telephone, if the consumer has made a written request, with proper
identification for telephone disclosure, and the toll charge, if any,
for the telephone call is prepaid by or charged directly to the
consumer.
(c) The term "proper identification" as used in subdivision (b)
shall mean that information generally deemed sufficient to identify a
person. Such information includes documents such as a valid driver's
license, social security account number, military identification
card, and credit cards. Only if the consumer is unable to reasonably
identify himself with the information described above, may an
investigative consumer reporting agency require additional
information concerning the consumer's employment and personal or
family history in order to verify his identity.
(d) The investigative consumer reporting agency shall provide
trained personnel to explain to the consumer any information
furnished him pursuant to Section 1786.10.
(e) The investigative consumer reporting agency shall provide a
written explanation of any coded information contained in files
maintained on a consumer. This written explanation shall be
distributed whenever a file is provided to a consumer for visual
inspection as required under Section 1786.22.
(f) The consumer shall be permitted to be accompanied by one other
person of his choosing, who shall furnish reasonable identification.
An investigative consumer reporting agency may require the consumer
to furnish a written statement granting permission to the consumer
reporting agency to discuss the consumer's file in such person's
presence.
1786.24. (a) If the completeness or accuracy of any item of
information contained in his or her file is disputed by a consumer,
and the dispute is conveyed directly to the investigative consumer
reporting agency by the consumer, the investigative consumer
reporting agency shall, without charge, reinvestigate and record the
current status of the disputed information or delete the item from
the file in accordance with subdivision (c), before the end of the
30-day period beginning on the date on which the agency receives the
notice of the dispute from the consumer.
(b) The agency shall notify any person who provided information in
dispute at the address and in the manner specified by that person.
The notice shall include all relevant information regarding the
dispute that the investigative consumer reporting agency has received
from the consumer. The agency shall also promptly provide to the
person who provided the information in dispute all relevant
information regarding the dispute that is received by the agency from
the consumer during the reinvestigation.
(c) In conducting a reinvestigation, the investigative consumer
reporting agency shall review and consider all relevant information
submitted by the consumer with respect to the disputed item of
information.
(d) Notwithstanding subdivision (a), an investigative consumer
reporting agency may terminate a reinvestigation of information
disputed by a consumer if the investigative consumer reporting agency
reasonably determines that the dispute is frivolous or irrelevant,
including by reason of a failure by a consumer to provide sufficient
information to investigate the disputed information. Upon making a
determination that a dispute is frivolous or irrelevant, the
investigative consumer reporting agency shall notify the consumer, by
mail or, if authorized by the consumer for that purpose, by any
other means available to the agency. In this notification, the
investigative consumer reporting agency shall state the specific
reasons why it has determined that the consumer's dispute is
frivolous or irrelevant and provide a description of any information
required to investigate the disputed information, that may consist of
a standardized form describing the general nature of the required
information.
(e) If a reinvestigation is made and, after reinvestigation, the
disputed item of information is found to be inaccurate, incomplete,
or cannot be verified by the evidence submitted, the investigative
consumer reporting agency shall promptly delete that information from
the consumer's file or modify the information, as appropriate, based
on the results of the reinvestigation, and shall notify the consumer
that the information has been deleted or modified. The consumer
reporting agency shall also notify any and all sources from which the
disputed information was obtained and inform them in writing of the
reasons and results of the reinvestigation, and send a copy of this
notification to the consumer. In accordance with subdivision (b) of
Section 1786.10, the copy of the notification sent to the consumer
need not reveal the identity of the source of information, unless
otherwise required by law.
(f) No information may be reinserted in the file of a consumer
after having been deleted pursuant to this section, unless the person
who furnished the information verifies that the information is
complete and accurate. If any information deleted from the file of a
consumer is reinserted in the file, the investigative consumer
reporting agency shall promptly notify the consumer of the
reinsertion in writing or, if authorized by the consumer for that
purpose, by any other means available to the agency. As part of, or
in addition to, this notice, the investigative consumer reporting
agency shall provide to the consumer in writing (1) a statement that
the disputed information has been reinserted, (2) the name, address,
and telephone number of any furnisher of information contacted or
that contacted the investigative consumer reporting agency in
connection with the reinsertion, and the telephone number of the
furnisher, if reasonably available, and (3) a notice that the
consumer has the right to a reinvestigation of the information
reinserted by the investigative consumer reporting agency and to add
a statement to his or her file disputing the accuracy or completeness
of the information.
(g) An investigative consumer reporting agency shall provide
notice to the consumer of the results of any reinvestigation under
this section by mail or, if authorized by the consumer for that
purpose, by other means available to the agency. The notice shall
include (1) a statement that the reinvestigation is completed, (2) an
investigative consumer report that is based on the consumer's file
as that file is revised as a result of the reinvestigation, (3) a
description or indication of any changes made in the investigative
consumer report as a result of those revisions to the consumer's
file, (4) a notice that, if requested by the consumer, a description
of the procedure used to determine the accuracy and completeness of
the information shall be provided to the consumer by the
investigative consumer reporting agency, including the name, business
address, and telephone number of any furnisher of information
contacted in connection with that information, (5) a notice that the
consumer has the right to add a statement to the consumer's file
disputing the accuracy or completeness of the information, and (6) a
notice that the consumer has the right to request that the
investigative consumer reporting agency furnish notifications under
subdivision (k).
(h) The presence of information in the consumer's file that
contradicts the contention of the consumer shall not, in and of
itself, constitute reasonable grounds for believing the dispute is
frivolous or irrelevant.
(i) If the investigative consumer reporting agency determines that
the dispute is frivolous or irrelevant, or if the reinvestigation
does not resolve the dispute, or if the information is reinserted
into the file of a consumer pursuant to subdivision (f), the consumer
may file a brief statement setting forth the nature of the dispute.
The investigative consumer reporting agency may limit these
statements to not more than 500 words if it provides the consumer
with assistance in writing a clear summary of the dispute.
(j) If a statement of dispute is filed, the investigative consumer
reporting agency shall, in any subsequent investigative consumer
report containing the information in question, clearly note that the
information is disputed by the consumer and shall include in the
report either the statement of the consumer or a clear and accurate
summary thereof.
(k) Following the deletion of information from the file of a
consumer pursuant to this section, or following the filing of a
dispute pursuant to subdivision (i), the investigative consumer
reporting agency shall, at the request of the consumer, furnish
notification that the item of information has been deleted or that
the item of information is disputed. In the case of disputed
information, the notification shall include the statement or summary
of the dispute filed pursuant to subdivision (i). This notification
shall be furnished to any person who has, within two years prior to
the deletion or the filing of the dispute, received an investigative
consumer report concerning the consumer for employment purposes, or
who has, within one year of the deletion or the filing of the
dispute, received an investigative consumer report concerning the
consumer for any other purpose, if these investigative consumer
reports contained the deleted or disputed information, unless the
consumer specifically requests in writing that this notification not
be given to all persons or to any specified persons. The
investigative consumer reporting agency shall clearly and
conspicuously disclose to the consumer his or her rights to make a
request that this notification not be made.
(l) An investigative consumer reporting agency shall maintain
reasonable procedures designed to prevent the reappearance in the
file of a consumer and in investigative consumer reports information
that has been deleted pursuant to this section and not reinserted
pursuant to subdivision (f).
(m) If the dispute of a consumer is resolved by deletion of the
disputed information within three business days, beginning with the
day the investigative consumer reporting agency receives notice of
the dispute in accordance with subdivision (a), the investigative
consumer reporting agency is exempt from requirements for further
action under subdivisions (g), (i), and (j), if the agency: (1)
provides prompt notice of the deletion to the consumer by telephone,
(2) provides written confirmation of the deletion and a copy of an
investigative consumer report of the consumer that is based on the
file of a consumer after the deletion, and (3) includes, in the
telephone notice or in a written notice that accompanies the
confirmation and report, a statement of the consumer's right to
request under subdivision (k) that the agency not furnish
notifications under that subdivision.
(n) Any investigative consumer reporting agency that compiles and
maintains files on consumers on a nationwide basis, as defined in the
federal Fair Credit Reporting Act, as amended (15 U.S.C. Sec. 1681
et seq.), shall implement an automated system through which
furnishers of information to that agency may report the results of a
reinvestigation that finds incomplete or inaccurate information in
the file of a consumer to other investigative consumer reporting
agencies.
(o) All actions to be taken by an investigative consumer reporting
agency under this section are governed by the applicable time
periods specified in Section 611 of the federal Fair Credit Reporting
Act, as amended (15 U.S.C. Sec. 1681i).
1786.26. (a) Except as otherwise provided in subdivision (c), an
investigative consumer reporting agency may charge a consumer a fee
not exceeding eight dollars ($8) for making disclosures to the
consumer pursuant to Sections 1786.10, 1786.11, and 1786.22. Any
charges shall be indicated to the consumer prior to disclosure.
(b) An investigative consumer reporting agency shall not impose
any charge for providing notice to a consumer required under Section
1786.24, furnishing an investigative consumer report pursuant to
Section 1786.24, or notifying a person pursuant to subdivision (k) of
Section 1786.24 of the deletion of information that is found to be
inaccurate or that cannot be verified.
(c) Upon the request of the consumer, an investigative consumer
reporting agency shall make all disclosures pursuant to Section
1786.10 and 1786.22 once during any 12-month period without charge to
that consumer if the consumer certifies in writing that he or she
(1) is unemployed and intends to apply for employment in the 60-day
period beginning on the date the certification is made, (2) is a
recipient of public welfare assistance, or (3) has reason to believe
that the file on the consumer at the investigative consumer reporting
agency contains inaccurate information due to fraud.
(d) An investigative consumer reporting agency shall not impose
any charge on a consumer for providing any notification or making any
disclosure required by this title, except as authorized by this
section.
1786.28. (a) Each investigative consumer reporting agency that
collects, assembles, evaluates, compiles, reports, transmits,
transfers, or communicates items of information concerning consumers
which are matters of public record shall specify in any report
containing public record information the source from which this
information was obtained, including the particular court, if
applicable, and the date that this information was initially reported
or publicized.
(b) A consumer reporting agency which furnishes a consumer report
for employment purposes and which for that purpose compiles,
collects, assembles, evaluates, reports, transmits, transfers, or
communicates items of information on consumers which are matters of
public record and are likely to have an adverse effect upon a
consumer's ability to obtain employment shall in addition maintain
strict procedures designed to insure that whenever public record
information which is likely to have an adverse effect on a consumer's
ability to obtain employment is reported it is complete and up to
date. For purposes of this paragraph, items of public record relating
to arrests, indictments, convictions, suits, tax liens, and
outstanding judgments shall be considered up to date if the current
public record status of the item at the time of the report is
reported.
1786.29. An investigative consumer reporting agency shall provide
the following notices on the first page of an investigative consumer
report:
(a) A notice in at least 12-point boldface type setting forth that
the report does not guarantee the accuracy or truthfulness of the
information as to the subject of the investigation, but only that it
is accurately copied from public records, and information generated
as a result of identity theft, including evidence of criminal
activity, may be inaccurately associated with the consumer who is the
subject of the report.
(b) An investigative consumer reporting agency shall provide a
consumer seeking to obtain a copy of a report or making a request to
review a file, a written notice in simple, plain English and Spanish
setting forth the terms and conditions of his or her right to receive
all disclosures, as provided in Section 1786.26.
1786.30. Whenever an investigative consumer reporting agency
prepares an investigative consumer report, no adverse information in
the report (other than information that is a matter of public record,
the status of which has been updated pursuant to Section 1786.28)
may be included in a subsequent investigative consumer report unless
that adverse information has been verified in the process of making
the subsequent investigative consumer report, or the adverse
information was received within the three-month period preceding the
date the subsequent report is furnished.
1786.40. (a) Whenever insurance for personal, family, or household
purposes, employment, or the hiring of a dwelling unit involving a
consumer is denied, or the charge for that insurance or the hiring of
a dwelling unit is increased, under circumstances in which a report
regarding the consumer was obtained from an investigative consumer
reporting agency, the user of the investigative consumer report shall
so advise the consumer against whom the adverse action has been
taken and supply the name and address of the investigative consumer
reporting agency making the report.
(b) Whenever insurance for personal, family, or household purposes
involving a consumer is denied or the charge for that insurance is
increased, either wholly or in part because of information bearing
upon the consumer's general reputation, personal characteristics, or
mode of living, that was obtained from a person other than an
investigative consumer reporting agency, the consumer, or another
person related to the consumer and acting on the consumer's behalf,
the user of the information shall, within a reasonable period of
time, and upon the consumer's written request for the reasons for the
adverse action received within 60 days after learning of the adverse
action, disclose the nature and substance of the information to the
consumer. The user of the information shall clearly and accurately
disclose to the consumer his or her right to make this written
request at the time the adverse action is communicated to the
consumer.
1786.10. (a) Every investigative consumer reporting agency shall,
upon request and proper identification of any consumer, allow the
consumer to visually inspect all files maintained regarding the
consumer at the time of the request.
(b) (1) All items of information shall be available for
inspection, except that the sources of information, other than public
records and records from databases available for sale, acquired
solely for use in preparing an investigative consumer report and
actually used for no other purpose need not be disclosed. However, if
an action is brought under this title, those sources shall be
available to the consumer under appropriate discovery procedures in
the court in which the action is brought.
(2) This title shall not be interpreted to mean that investigative
consumer reporting agencies are required to divulge to consumers the
sources of investigative consumer reports, except in appropriate
discovery procedures as outlined in this title.
(c) The investigative consumer reporting agency shall also
identify the recipients of any investigative consumer report on the
consumer that the investigative consumer reporting agency has
furnished for either of the following purposes:
(1) For employment or insurance purposes within the three-year
period preceding the request.
(2) For any other purpose within the three-year period preceding
the request.
(d) The identification of a recipient under subdivision (c) shall
include the name of the recipient or, if applicable, the trade name
(written in full) under which the recipient conducts business and,
upon request of the consumer, the address and telephone number of the
recipient.
(e) The investigative consumer reporting agency shall also
disclose the dates, original payees, and amounts of any checks or
charges upon which is based any adverse characterization of the
consumer, included in the file at the time of the disclosure.
1786.11. Every investigative consumer reporting agency that
provides an investigative consumer report to a person other than the
consumer shall make a copy of that report available, upon request and
proper identification, to the consumer for at least two years after
the date that the report is provided to the other person.
1786.12. An investigative consumer reporting agency shall only
furnish an investigative consumer report under the following
circumstances:
(a) In response to the order of a court having jurisdiction to
issue the order.
(b) In compliance with a lawful subpoena issued by a court of
competent jurisdiction.
(c) In accordance with the written instructions of the consumer to
whom it relates.
(d) To a person that it has reason to believe:
(1) Intends to use the information for employment purposes; or
(2) Intends to use the information serving as a factor in
determining a consumer's eligibility for insurance or the rate for
any insurance; or
(3) Intends to use the information in connection with a
determination of the consumer's eligibility for a license or other
benefit granted by a governmental instrumentality required by law to
consider the applicant's financial responsibility or status; or
(4) Intends to use the information in connection with an order of
a court of competent jurisdiction to provide support where the
imposition or enforcement of the order involves the consumer; or
(5) Intends to use the information in connection with the hiring
of a dwelling unit, as defined in subdivision (c) of Section 1940.
(e) An investigative consumer reporting agency shall not prepare
or furnish an investigative consumer report to a person described in
subdivision (d) unless the agency has received the certification
under paragraph (4) of subdivision (a) of Section 1786.16 from the
person requesting the report.
(f) An investigative consumer reporting agency shall not furnish
an investigative consumer report to a person described in subdivision
(d) if that report contains medical information about a consumer,
unless the consumer consents to the furnishing of the report.
1786.14. Notwithstanding the provisions of Section 1786.12 an
investigative consumer reporting agency may furnish to a governmental
agency a consumer's name, address, former address, places of
employment, or former places of employment.
1786.16. (a) Any person described in subdivision (d) of Section
1786.12 shall not procure or cause to be prepared an investigative
consumer report unless the following applicable conditions are met:
(1) If an investigative consumer report is sought in connection
with the underwriting of insurance, it shall be clearly and
accurately disclosed in writing at the time the application form,
medical form, binder, or similar document is signed by the consumer
that an investigative consumer report regarding the consumer's
character, general reputation, personal characteristics, and mode of
living may be made. If no signed application form, medical form,
binder, or similar document is involved in the underwriting
transaction, the disclosure shall be made to the consumer in writing
and mailed or otherwise delivered to the consumer not later than
three days after the report was first requested. The disclosure shall
include the name and address of any investigative consumer reporting
agency conducting an investigation, plus the nature and scope of the
investigation requested, and a summary of the provisions of Section
1786.22.
(2) If, at any time, an investigative consumer report is sought
for employment purposes other than suspicion of wrongdoing or
misconduct by the subject of the investigation, the person seeking
the investigative consumer report may procure the report, or cause
the report to be made, only if all of the following apply:
(A) The person procuring or causing the report to be made has a
permissible purpose, as defined in Section 1786.12.
(B) The person procuring or causing the report to be made provides
a clear and conspicuous disclosure in writing to the consumer at any
time before the report is procured or caused to be made in a
document that consists solely of the disclosure, that:
(i) An investigative consumer report may be obtained.
(ii) The permissible purpose of the report is identified.
(iii) The disclosure may include information on the consumer's
character, general reputation, personal characteristics, and mode of
living.
(iv) Identifies the name, address, and telephone number of the
investigative consumer reporting agency conducting the investigation.
(v) Notifies the consumer in writing of the nature and scope of
the investigation requested, including a summary of the provisions of
Section 1786.22.
(vi) Notifies the consumer of the Internet Web site address of the
investigative consumer reporting agency identified in clause (iv),
or, if the agency has no Internet Web site address, the telephone
number of the agency, where the consumer may find information about
the investigative reporting agency's privacy practices, including
whether the consumer's personal information will be sent outside the
United States or its territories and information that complies with
subdivision (d) of Section 1786.20. This clause shall become
operative on January 1, 2012.
(C) The consumer has authorized in writing the procurement of the
report.
(3) If an investigative consumer report is sought in connection
with the hiring of a dwelling unit, as defined in subdivision (c) of
Section 1940, the person procuring or causing the request to be made
shall, not later than three days after the date on which the report
was first requested, notify the consumer in writing that an
investigative consumer report will be made regarding the consumer's
character, general reputation, personal characteristics, and mode of
living. The notification shall also include the name and address of
the investigative consumer reporting agency that will prepare the
report and a summary of the provisions of Section 1786.22.
(4) The person procuring or causing the request to be made shall
certify to the investigative consumer reporting agency that the
person has made the applicable disclosures to the consumer required
by this subdivision and that the person will comply with subdivision
(b).
(5) The person procuring the report or causing it to be prepared
agrees to provide a copy of the report to the subject of the
investigation, as provided in subdivision (b).
(b) Any person described in subdivision (d) of Section 1786.12 who
requests an investigative consumer report, in accordance with
subdivision (a) regarding that consumer, shall do the following:
(1) Provide the consumer a means by which the consumer may
indicate on a written form, by means of a box to check, that the
consumer wishes to receive a copy of any report that is prepared. If
the consumer wishes to receive a copy of the report, the recipient of
the report shall send a copy of the report to the consumer within
three business days of the date that the report is provided to the
recipient, who may contract with any other entity to send a copy to
the consumer. The notice to request the report may be contained on
either the disclosure form, as required by subdivision (a), or a
separate consent form. The copy of the report shall contain the name,
address, and telephone number of the person who issued the report
and how to contact them.
(2) Comply with Section 1786.40, if the taking of adverse action
is a consideration.
(c) Subdivisions (a) and (b) do not apply to an investigative
consumer report procured or caused to be prepared by an employer, if
the report is sought for employment purposes due to suspicion held by
an employer of wrongdoing or misconduct by the subject of the
investigation.
(d) Those persons described in subdivision (d) of Section 1786.12
constitute the sole and exclusive class of persons who may cause an
investigative consumer report to be prepared.
1786.18. (a) Except as authorized under subdivision (b), an
investigative consumer reporting agency may not make or furnish any
investigative consumer report containing any of the following items
of information:
(1) Bankruptcies that, from the date of the order for relief,
antedate the report by more than 10 years.
(2) Suits that, from the date of filing, and satisfied judgments
that, from the date of entry, antedate the report by more than seven
years.
(3) Unsatisfied judgments that, from the date of entry, antedate
the report by more than seven years.
(4) Unlawful detainer actions where the defendant was the
prevailing party or where the action is resolved by settlement
agreement.
(5) Paid tax liens that, from the date of payment, antedate the
report by more than seven years.
(6) Accounts placed for collection or charged to profit and loss
that antedate the report by more than seven years.
(7) Records of arrest, indictment, information, misdemeanor
complaint, or conviction of a crime that, from the date of
disposition, release, or parole, antedate the report by more than
seven years. These items of information shall no longer be reported
if at any time it is learned that, in the case of a conviction, a
full pardon has been granted or, in the case of an arrest,
indictment, information, or misdemeanor complaint, a conviction did
not result; except that records of arrest, indictment, information,
or misdemeanor complaints may be reported pending pronouncement of
judgment on the particular subject matter of those records.
(8) Any other adverse information that antedates the report by
more than seven years.
(b) The provisions of subdivision (a) are not applicable in either
of the following circumstances:
(1) If the investigative consumer report is to be used in the
underwriting of life insurance involving, or that may reasonably be
expected to involve, an amount of two hundred fifty thousand dollars
($250,000) or more.
(2) If the investigative consumer report is to be used by an
employer who is explicitly required by a governmental regulatory
agency to check for records that are prohibited by subdivision (a)
when the employer is reviewing a consumer's qualification for
employment.
(c) Except as otherwise provided in Section 1786.28, an
investigative consumer reporting agency shall not furnish an
investigative consumer report that includes information that is a
matter of public record and that relates to an arrest, indictment,
conviction, civil judicial action, tax lien, or outstanding judgment,
unless the agency has verified the accuracy of the information
during the 30-day period ending on the date on which the report is
furnished.
(d) An investigative consumer reporting agency shall not prepare
or furnish an investigative consumer report on a consumer that
contains information that is adverse to the interest of the consumer
and that is obtained through a personal interview with a neighbor,
friend, or associate of the consumer or with another person with whom
the consumer is acquainted or who has knowledge of the item of
information, unless either (1) the investigative consumer reporting
agency has followed reasonable procedures to obtain confirmation of
the information, from an additional source that has independent and
direct knowledge of the information, or (2) the person interviewed is
the best possible source of the information.
1786.20. (a) An investigative consumer reporting agency shall
maintain reasonable procedures designed to avoid violations of
Section 1786.18 and to limit furnishing of investigative consumer
reports for the purposes listed under Section 1786.12. These
procedures shall require that prospective users of the information
identify themselves, certify the purposes for which the information
is sought and that the information will be used for no other
purposes, and make the certifications described in paragraph (4) of
subdivision (a) of Section 1786.16. From the effective date of this
title, the investigative consumer reporting agency shall keep a
record of the purposes for which information is sought, as stated by
the user. The investigative consumer reporting agency may assume that
the purpose for which a user seeks information remains the same as
that which a user has previously stated. The investigative consumer
reporting agency shall inform the user that the user is obligated to
notify the agency of any change in the purpose for which information
will be used. An investigative consumer reporting agency shall make a
reasonable effort to verify the identity of a new prospective user
and the uses certified by the prospective user prior to furnishing
the user any investigative consumer reports. An investigative
consumer reporting agency may not furnish an investigative consumer
report to a person unless it has a written agreement that the
investigative consumer reports will be used by that person only for
purposes listed in Section 1786.12.
(b) Whenever an investigative consumer reporting agency prepares
an investigative consumer report, it shall follow reasonable
procedures to assure maximum possible accuracy of the information
concerning the individual about whom the report relates. An
investigative consumer reporting agency shall retain the
investigative consumer report for two years after the report is
provided.
(c) An investigative consumer reporting agency may not make an
inquiry for the purpose of preparing an investigative consumer report
on a consumer for employment purposes if the making of the inquiry
by an employer or prospective employer of the consumer would violate
applicable federal or state equal employment opportunity law or
regulation.
(d) (1) An investigative consumer reporting agency doing business
in this state shall conspicuously post, as defined in subdivision (b)
of Section 22577 of the Business and Professions Code, on its
primary Internet Web site information describing its privacy
practices with respect to its preparation and processing of
investigative consumer reports. If the investigative consumer
reporting agency does not have an Internet Web site, it shall, upon
request, mail a written copy of the privacy statement to consumers.
The privacy statement shall conspicuously include, but not be limited
to, both of the following:
(A) A statement entitled "Personal Information Disclosure: United
States or Overseas," that indicates whether the personal information
will be transferred to third parties outside the United States or its
territories.
(B) A separate section that includes the name, mailing address,
e-mail address, and telephone number of the investigative consumer
reporting agency representatives who can assist a consumer with
additional information regarding the investigative consumer reporting
agency's privacy practices or policies in the event of a compromise
of his or her information.
(2) For purposes of this subdivision, "third party" shall include,
but not be limited to, a contractor, foreign affiliate, wholly owned
entity, or an employee of the investigative consumer reporting
agency.
(e) An investigative consumer reporting agency shall be liable to
a consumer who is the subject of a report if the consumer is harmed
by any unauthorized access of the consumer's personally identifiable
information, act, or omission that occurs outside the United States
or its territories as a result of the investigative consumer
reporting agency negligently preparing or processing an investigative
consumer report, or portion thereof, outside of the United States or
its territories. Liability shall be in an amount equal to the sum of
(1) any actual damages sustained by the consumer as a result of the
unauthorized access, and (2) in the case of any successful action to
enforce any liability under this section, the costs of the action
together with reasonable attorney's fees, as determined by the court.
1786.22. (a) An investigative consumer reporting agency shall
supply files and information required under Section 1786.10 during
normal business hours and on reasonable notice.
(b) Files maintained on a consumer shall be made available for the
consumer's visual inspection, as follows:
(1) In person, if he appears in person and furnishes proper
identification. A copy of his file shall also be available to the
consumer for a fee not to exceed the actual costs of duplication
services provided.
(2) By certified mail, if he makes a written request, with proper
identification, for copies to be sent to a specified addressee.
Investigative consumer reporting agencies complying with requests for
certified mailings under this section shall not be liable for
disclosures to third parties caused by mishandling of mail after such
mailings leave the investigative consumer reporting agencies.
(3) A summary of all information contained in files on a consumer
and required to be provided by Section 1786.10 shall be provided by
telephone, if the consumer has made a written request, with proper
identification for telephone disclosure, and the toll charge, if any,
for the telephone call is prepaid by or charged directly to the
consumer.
(c) The term "proper identification" as used in subdivision (b)
shall mean that information generally deemed sufficient to identify a
person. Such information includes documents such as a valid driver's
license, social security account number, military identification
card, and credit cards. Only if the consumer is unable to reasonably
identify himself with the information described above, may an
investigative consumer reporting agency require additional
information concerning the consumer's employment and personal or
family history in order to verify his identity.
(d) The investigative consumer reporting agency shall provide
trained personnel to explain to the consumer any information
furnished him pursuant to Section 1786.10.
(e) The investigative consumer reporting agency shall provide a
written explanation of any coded information contained in files
maintained on a consumer. This written explanation shall be
distributed whenever a file is provided to a consumer for visual
inspection as required under Section 1786.22.
(f) The consumer shall be permitted to be accompanied by one other
person of his choosing, who shall furnish reasonable identification.
An investigative consumer reporting agency may require the consumer
to furnish a written statement granting permission to the consumer
reporting agency to discuss the consumer's file in such person's
presence.
1786.24. (a) If the completeness or accuracy of any item of
information contained in his or her file is disputed by a consumer,
and the dispute is conveyed directly to the investigative consumer
reporting agency by the consumer, the investigative consumer
reporting agency shall, without charge, reinvestigate and record the
current status of the disputed information or delete the item from
the file in accordance with subdivision (c), before the end of the
30-day period beginning on the date on which the agency receives the
notice of the dispute from the consumer.
(b) The agency shall notify any person who provided information in
dispute at the address and in the manner specified by that person.
The notice shall include all relevant information regarding the
dispute that the investigative consumer reporting agency has received
from the consumer. The agency shall also promptly provide to the
person who provided the information in dispute all relevant
information regarding the dispute that is received by the agency from
the consumer during the reinvestigation.
(c) In conducting a reinvestigation, the investigative consumer
reporting agency shall review and consider all relevant information
submitted by the consumer with respect to the disputed item of
information.
(d) Notwithstanding subdivision (a), an investigative consumer
reporting agency may terminate a reinvestigation of information
disputed by a consumer if the investigative consumer reporting agency
reasonably determines that the dispute is frivolous or irrelevant,
including by reason of a failure by a consumer to provide sufficient
information to investigate the disputed information. Upon making a
determination that a dispute is frivolous or irrelevant, the
investigative consumer reporting agency shall notify the consumer, by
mail or, if authorized by the consumer for that purpose, by any
other means available to the agency. In this notification, the
investigative consumer reporting agency shall state the specific
reasons why it has determined that the consumer's dispute is
frivolous or irrelevant and provide a description of any information
required to investigate the disputed information, that may consist of
a standardized form describing the general nature of the required
information.
(e) If a reinvestigation is made and, after reinvestigation, the
disputed item of information is found to be inaccurate, incomplete,
or cannot be verified by the evidence submitted, the investigative
consumer reporting agency shall promptly delete that information from
the consumer's file or modify the information, as appropriate, based
on the results of the reinvestigation, and shall notify the consumer
that the information has been deleted or modified. The consumer
reporting agency shall also notify any and all sources from which the
disputed information was obtained and inform them in writing of the
reasons and results of the reinvestigation, and send a copy of this
notification to the consumer. In accordance with subdivision (b) of
Section 1786.10, the copy of the notification sent to the consumer
need not reveal the identity of the source of information, unless
otherwise required by law.
(f) No information may be reinserted in the file of a consumer
after having been deleted pursuant to this section, unless the person
who furnished the information verifies that the information is
complete and accurate. If any information deleted from the file of a
consumer is reinserted in the file, the investigative consumer
reporting agency shall promptly notify the consumer of the
reinsertion in writing or, if authorized by the consumer for that
purpose, by any other means available to the agency. As part of, or
in addition to, this notice, the investigative consumer reporting
agency shall provide to the consumer in writing (1) a statement that
the disputed information has been reinserted, (2) the name, address,
and telephone number of any furnisher of information contacted or
that contacted the investigative consumer reporting agency in
connection with the reinsertion, and the telephone number of the
furnisher, if reasonably available, and (3) a notice that the
consumer has the right to a reinvestigation of the information
reinserted by the investigative consumer reporting agency and to add
a statement to his or her file disputing the accuracy or completeness
of the information.
(g) An investigative consumer reporting agency shall provide
notice to the consumer of the results of any reinvestigation under
this section by mail or, if authorized by the consumer for that
purpose, by other means available to the agency. The notice shall
include (1) a statement that the reinvestigation is completed, (2) an
investigative consumer report that is based on the consumer's file
as that file is revised as a result of the reinvestigation, (3) a
description or indication of any changes made in the investigative
consumer report as a result of those revisions to the consumer's
file, (4) a notice that, if requested by the consumer, a description
of the procedure used to determine the accuracy and completeness of
the information shall be provided to the consumer by the
investigative consumer reporting agency, including the name, business
address, and telephone number of any furnisher of information
contacted in connection with that information, (5) a notice that the
consumer has the right to add a statement to the consumer's file
disputing the accuracy or completeness of the information, and (6) a
notice that the consumer has the right to request that the
investigative consumer reporting agency furnish notifications under
subdivision (k).
(h) The presence of information in the consumer's file that
contradicts the contention of the consumer shall not, in and of
itself, constitute reasonable grounds for believing the dispute is
frivolous or irrelevant.
(i) If the investigative consumer reporting agency determines that
the dispute is frivolous or irrelevant, or if the reinvestigation
does not resolve the dispute, or if the information is reinserted
into the file of a consumer pursuant to subdivision (f), the consumer
may file a brief statement setting forth the nature of the dispute.
The investigative consumer reporting agency may limit these
statements to not more than 500 words if it provides the consumer
with assistance in writing a clear summary of the dispute.
(j) If a statement of dispute is filed, the investigative consumer
reporting agency shall, in any subsequent investigative consumer
report containing the information in question, clearly note that the
information is disputed by the consumer and shall include in the
report either the statement of the consumer or a clear and accurate
summary thereof.
(k) Following the deletion of information from the file of a
consumer pursuant to this section, or following the filing of a
dispute pursuant to subdivision (i), the investigative consumer
reporting agency shall, at the request of the consumer, furnish
notification that the item of information has been deleted or that
the item of information is disputed. In the case of disputed
information, the notification shall include the statement or summary
of the dispute filed pursuant to subdivision (i). This notification
shall be furnished to any person who has, within two years prior to
the deletion or the filing of the dispute, received an investigative
consumer report concerning the consumer for employment purposes, or
who has, within one year of the deletion or the filing of the
dispute, received an investigative consumer report concerning the
consumer for any other purpose, if these investigative consumer
reports contained the deleted or disputed information, unless the
consumer specifically requests in writing that this notification not
be given to all persons or to any specified persons. The
investigative consumer reporting agency shall clearly and
conspicuously disclose to the consumer his or her rights to make a
request that this notification not be made.
(l) An investigative consumer reporting agency shall maintain
reasonable procedures designed to prevent the reappearance in the
file of a consumer and in investigative consumer reports information
that has been deleted pursuant to this section and not reinserted
pursuant to subdivision (f).
(m) If the dispute of a consumer is resolved by deletion of the
disputed information within three business days, beginning with the
day the investigative consumer reporting agency receives notice of
the dispute in accordance with subdivision (a), the investigative
consumer reporting agency is exempt from requirements for further
action under subdivisions (g), (i), and (j), if the agency: (1)
provides prompt notice of the deletion to the consumer by telephone,
(2) provides written confirmation of the deletion and a copy of an
investigative consumer report of the consumer that is based on the
file of a consumer after the deletion, and (3) includes, in the
telephone notice or in a written notice that accompanies the
confirmation and report, a statement of the consumer's right to
request under subdivision (k) that the agency not furnish
notifications under that subdivision.
(n) Any investigative consumer reporting agency that compiles and
maintains files on consumers on a nationwide basis, as defined in the
federal Fair Credit Reporting Act, as amended (15 U.S.C. Sec. 1681
et seq.), shall implement an automated system through which
furnishers of information to that agency may report the results of a
reinvestigation that finds incomplete or inaccurate information in
the file of a consumer to other investigative consumer reporting
agencies.
(o) All actions to be taken by an investigative consumer reporting
agency under this section are governed by the applicable time
periods specified in Section 611 of the federal Fair Credit Reporting
Act, as amended (15 U.S.C. Sec. 1681i).
1786.26. (a) Except as otherwise provided in subdivision (c), an
investigative consumer reporting agency may charge a consumer a fee
not exceeding eight dollars ($8) for making disclosures to the
consumer pursuant to Sections 1786.10, 1786.11, and 1786.22. Any
charges shall be indicated to the consumer prior to disclosure.
(b) An investigative consumer reporting agency shall not impose
any charge for providing notice to a consumer required under Section
1786.24, furnishing an investigative consumer report pursuant to
Section 1786.24, or notifying a person pursuant to subdivision (k) of
Section 1786.24 of the deletion of information that is found to be
inaccurate or that cannot be verified.
(c) Upon the request of the consumer, an investigative consumer
reporting agency shall make all disclosures pursuant to Section
1786.10 and 1786.22 once during any 12-month period without charge to
that consumer if the consumer certifies in writing that he or she
(1) is unemployed and intends to apply for employment in the 60-day
period beginning on the date the certification is made, (2) is a
recipient of public welfare assistance, or (3) has reason to believe
that the file on the consumer at the investigative consumer reporting
agency contains inaccurate information due to fraud.
(d) An investigative consumer reporting agency shall not impose
any charge on a consumer for providing any notification or making any
disclosure required by this title, except as authorized by this
section.
1786.28. (a) Each investigative consumer reporting agency that
collects, assembles, evaluates, compiles, reports, transmits,
transfers, or communicates items of information concerning consumers
which are matters of public record shall specify in any report
containing public record information the source from which this
information was obtained, including the particular court, if
applicable, and the date that this information was initially reported
or publicized.
(b) A consumer reporting agency which furnishes a consumer report
for employment purposes and which for that purpose compiles,
collects, assembles, evaluates, reports, transmits, transfers, or
communicates items of information on consumers which are matters of
public record and are likely to have an adverse effect upon a
consumer's ability to obtain employment shall in addition maintain
strict procedures designed to insure that whenever public record
information which is likely to have an adverse effect on a consumer's
ability to obtain employment is reported it is complete and up to
date. For purposes of this paragraph, items of public record relating
to arrests, indictments, convictions, suits, tax liens, and
outstanding judgments shall be considered up to date if the current
public record status of the item at the time of the report is
reported.
1786.29. An investigative consumer reporting agency shall provide
the following notices on the first page of an investigative consumer
report:
(a) A notice in at least 12-point boldface type setting forth that
the report does not guarantee the accuracy or truthfulness of the
information as to the subject of the investigation, but only that it
is accurately copied from public records, and information generated
as a result of identity theft, including evidence of criminal
activity, may be inaccurately associated with the consumer who is the
subject of the report.
(b) An investigative consumer reporting agency shall provide a
consumer seeking to obtain a copy of a report or making a request to
review a file, a written notice in simple, plain English and Spanish
setting forth the terms and conditions of his or her right to receive
all disclosures, as provided in Section 1786.26.
1786.30. Whenever an investigative consumer reporting agency
prepares an investigative consumer report, no adverse information in
the report (other than information that is a matter of public record,
the status of which has been updated pursuant to Section 1786.28)
may be included in a subsequent investigative consumer report unless
that adverse information has been verified in the process of making
the subsequent investigative consumer report, or the adverse
information was received within the three-month period preceding the
date the subsequent report is furnished.
1786.40. (a) Whenever insurance for personal, family, or household
purposes, employment, or the hiring of a dwelling unit involving a
consumer is denied, or the charge for that insurance or the hiring of
a dwelling unit is increased, under circumstances in which a report
regarding the consumer was obtained from an investigative consumer
reporting agency, the user of the investigative consumer report shall
so advise the consumer against whom the adverse action has been
taken and supply the name and address of the investigative consumer
reporting agency making the report.
(b) Whenever insurance for personal, family, or household purposes
involving a consumer is denied or the charge for that insurance is
increased, either wholly or in part because of information bearing
upon the consumer's general reputation, personal characteristics, or
mode of living, that was obtained from a person other than an
investigative consumer reporting agency, the consumer, or another
person related to the consumer and acting on the consumer's behalf,
the user of the information shall, within a reasonable period of
time, and upon the consumer's written request for the reasons for the
adverse action received within 60 days after learning of the adverse
action, disclose the nature and substance of the information to the
consumer. The user of the information shall clearly and accurately
disclose to the consumer his or her right to make this written
request at the time the adverse action is communicated to the
consumer.
1786.10. (a) Every investigative consumer reporting agency shall,
upon request and proper identification of any consumer, allow the
consumer to visually inspect all files maintained regarding the
consumer at the time of the request.
(b) (1) All items of information shall be available for
inspection, except that the sources of information, other than public
records and records from databases available for sale, acquired
solely for use in preparing an investigative consumer report and
actually used for no other purpose need not be disclosed. However, if
an action is brought under this title, those sources shall be
available to the consumer under appropriate discovery procedures in
the court in which the action is brought.
(2) This title shall not be interpreted to mean that investigative
consumer reporting agencies are required to divulge to consumers the
sources of investigative consumer reports, except in appropriate
discovery procedures as outlined in this title.
(c) The investigative consumer reporting agency shall also
identify the recipients of any investigative consumer report on the
consumer that the investigative consumer reporting agency has
furnished for either of the following purposes:
(1) For employment or insurance purposes within the three-year
period preceding the request.
(2) For any other purpose within the three-year period preceding
the request.
(d) The identification of a recipient under subdivision (c) shall
include the name of the recipient or, if applicable, the trade name
(written in full) under which the recipient conducts business and,
upon request of the consumer, the address and telephone number of the
recipient.
(e) The investigative consumer reporting agency shall also
disclose the dates, original payees, and amounts of any checks or
charges upon which is based any adverse characterization of the
consumer, included in the file at the time of the disclosure.
1786.11. Every investigative consumer reporting agency that
provides an investigative consumer report to a person other than the
consumer shall make a copy of that report available, upon request and
proper identification, to the consumer for at least two years after
the date that the report is provided to the other person.
1786.12. An investigative consumer reporting agency shall only
furnish an investigative consumer report under the following
circumstances:
(a) In response to the order of a court having jurisdiction to
issue the order.
(b) In compliance with a lawful subpoena issued by a court of
competent jurisdiction.
(c) In accordance with the written instructions of the consumer to
whom it relates.
(d) To a person that it has reason to believe:
(1) Intends to use the information for employment purposes; or
(2) Intends to use the information serving as a factor in
determining a consumer's eligibility for insurance or the rate for
any insurance; or
(3) Intends to use the information in connection with a
determination of the consumer's eligibility for a license or other
benefit granted by a governmental instrumentality required by law to
consider the applicant's financial responsibility or status; or
(4) Intends to use the information in connection with an order of
a court of competent jurisdiction to provide support where the
imposition or enforcement of the order involves the consumer; or
(5) Intends to use the information in connection with the hiring
of a dwelling unit, as defined in subdivision (c) of Section 1940.
(e) An investigative consumer reporting agency shall not prepare
or furnish an investigative consumer report to a person described in
subdivision (d) unless the agency has received the certification
under paragraph (4) of subdivision (a) of Section 1786.16 from the
person requesting the report.
(f) An investigative consumer reporting agency shall not furnish
an investigative consumer report to a person described in subdivision
(d) if that report contains medical information about a consumer,
unless the consumer consents to the furnishing of the report.
1786.14. Notwithstanding the provisions of Section 1786.12 an
investigative consumer reporting agency may furnish to a governmental
agency a consumer's name, address, former address, places of
employment, or former places of employment.
1786.16. (a) Any person described in subdivision (d) of Section
1786.12 shall not procure or cause to be prepared an investigative
consumer report unless the following applicable conditions are met:
(1) If an investigative consumer report is sought in connection
with the underwriting of insurance, it shall be clearly and
accurately disclosed in writing at the time the application form,
medical form, binder, or similar document is signed by the consumer
that an investigative consumer report regarding the consumer's
character, general reputation, personal characteristics, and mode of
living may be made. If no signed application form, medical form,
binder, or similar document is involved in the underwriting
transaction, the disclosure shall be made to the consumer in writing
and mailed or otherwise delivered to the consumer not later than
three days after the report was first requested. The disclosure shall
include the name and address of any investigative consumer reporting
agency conducting an investigation, plus the nature and scope of the
investigation requested, and a summary of the provisions of Section
1786.22.
(2) If, at any time, an investigative consumer report is sought
for employment purposes other than suspicion of wrongdoing or
misconduct by the subject of the investigation, the person seeking
the investigative consumer report may procure the report, or cause
the report to be made, only if all of the following apply:
(A) The person procuring or causing the report to be made has a
permissible purpose, as defined in Section 1786.12.
(B) The person procuring or causing the report to be made provides
a clear and conspicuous disclosure in writing to the consumer at any
time before the report is procured or caused to be made in a
document that consists solely of the disclosure, that:
(i) An investigative consumer report may be obtained.
(ii) The permissible purpose of the report is identified.
(iii) The disclosure may include information on the consumer's
character, general reputation, personal characteristics, and mode of
living.
(iv) Identifies the name, address, and telephone number of the
investigative consumer reporting agency conducting the investigation.
(v) Notifies the consumer in writing of the nature and scope of
the investigation requested, including a summary of the provisions of
Section 1786.22.
(vi) Notifies the consumer of the Internet Web site address of the
investigative consumer reporting agency identified in clause (iv),
or, if the agency has no Internet Web site address, the telephone
number of the agency, where the consumer may find information about
the investigative reporting agency's privacy practices, including
whether the consumer's personal information will be sent outside the
United States or its territories and information that complies with
subdivision (d) of Section 1786.20. This clause shall become
operative on January 1, 2012.
(C) The consumer has authorized in writing the procurement of the
report.
(3) If an investigative consumer report is sought in connection
with the hiring of a dwelling unit, as defined in subdivision (c) of
Section 1940, the person procuring or causing the request to be made
shall, not later than three days after the date on which the report
was first requested, notify the consumer in writing that an
investigative consumer report will be made regarding the consumer's
character, general reputation, personal characteristics, and mode of
living. The notification shall also include the name and address of
the investigative consumer reporting agency that will prepare the
report and a summary of the provisions of Section 1786.22.
(4) The person procuring or causing the request to be made shall
certify to the investigative consumer reporting agency that the
person has made the applicable disclosures to the consumer required
by this subdivision and that the person will comply with subdivision
(b).
(5) The person procuring the report or causing it to be prepared
agrees to provide a copy of the report to the subject of the
investigation, as provided in subdivision (b).
(b) Any person described in subdivision (d) of Section 1786.12 who
requests an investigative consumer report, in accordance with
subdivision (a) regarding that consumer, shall do the following:
(1) Provide the consumer a means by which the consumer may
indicate on a written form, by means of a box to check, that the
consumer wishes to receive a copy of any report that is prepared. If
the consumer wishes to receive a copy of the report, the recipient of
the report shall send a copy of the report to the consumer within
three business days of the date that the report is provided to the
recipient, who may contract with any other entity to send a copy to
the consumer. The notice to request the report may be contained on
either the disclosure form, as required by subdivision (a), or a
separate consent form. The copy of the report shall contain the name,
address, and telephone number of the person who issued the report
and how to contact them.
(2) Comply with Section 1786.40, if the taking of adverse action
is a consideration.
(c) Subdivisions (a) and (b) do not apply to an investigative
consumer report procured or caused to be prepared by an employer, if
the report is sought for employment purposes due to suspicion held by
an employer of wrongdoing or misconduct by the subject of the
investigation.
(d) Those persons described in subdivision (d) of Section 1786.12
constitute the sole and exclusive class of persons who may cause an
investigative consumer report to be prepared.
1786.18. (a) Except as authorized under subdivision (b), an
investigative consumer reporting agency may not make or furnish any
investigative consumer report containing any of the following items
of information:
(1) Bankruptcies that, from the date of the order for relief,
antedate the report by more than 10 years.
(2) Suits that, from the date of filing, and satisfied judgments
that, from the date of entry, antedate the report by more than seven
years.
(3) Unsatisfied judgments that, from the date of entry, antedate
the report by more than seven years.
(4) Unlawful detainer actions where the defendant was the
prevailing party or where the action is resolved by settlement
agreement.
(5) Paid tax liens that, from the date of payment, antedate the
report by more than seven years.
(6) Accounts placed for collection or charged to profit and loss
that antedate the report by more than seven years.
(7) Records of arrest, indictment, information, misdemeanor
complaint, or conviction of a crime that, from the date of
disposition, release, or parole, antedate the report by more than
seven years. These items of information shall no longer be reported
if at any time it is learned that, in the case of a conviction, a
full pardon has been granted or, in the case of an arrest,
indictment, information, or misdemeanor complaint, a conviction did
not result; except that records of arrest, indictment, information,
or misdemeanor complaints may be reported pending pronouncement of
judgment on the particular subject matter of those records.
(8) Any other adverse information that antedates the report by
more than seven years.
(b) The provisions of subdivision (a) are not applicable in either
of the following circumstances:
(1) If the investigative consumer report is to be used in the
underwriting of life insurance involving, or that may reasonably be
expected to involve, an amount of two hundred fifty thousand dollars
($250,000) or more.
(2) If the investigative consumer report is to be used by an
employer who is explicitly required by a governmental regulatory
agency to check for records that are prohibited by subdivision (a)
when the employer is reviewing a consumer's qualification for
employment.
(c) Except as otherwise provided in Section 1786.28, an
investigative consumer reporting agency shall not furnish an
investigative consumer report that includes information that is a
matter of public record and that relates to an arrest, indictment,
conviction, civil judicial action, tax lien, or outstanding judgment,
unless the agency has verified the accuracy of the information
during the 30-day period ending on the date on which the report is
furnished.
(d) An investigative consumer reporting agency shall not prepare
or furnish an investigative consumer report on a consumer that
contains information that is adverse to the interest of the consumer
and that is obtained through a personal interview with a neighbor,
friend, or associate of the consumer or with another person with whom
the consumer is acquainted or who has knowledge of the item of
information, unless either (1) the investigative consumer reporting
agency has followed reasonable procedures to obtain confirmation of
the information, from an additional source that has independent and
direct knowledge of the information, or (2) the person interviewed is
the best possible source of the information.
1786.20. (a) An investigative consumer reporting agency shall
maintain reasonable procedures designed to avoid violations of
Section 1786.18 and to limit furnishing of investigative consumer
reports for the purposes listed under Section 1786.12. These
procedures shall require that prospective users of the information
identify themselves, certify the purposes for which the information
is sought and that the information will be used for no other
purposes, and make the certifications described in paragraph (4) of
subdivision (a) of Section 1786.16. From the effective date of this
title, the investigative consumer reporting agency shall keep a
record of the purposes for which information is sought, as stated by
the user. The investigative consumer reporting agency may assume that
the purpose for which a user seeks information remains the same as
that which a user has previously stated. The investigative consumer
reporting agency shall inform the user that the user is obligated to
notify the agency of any change in the purpose for which information
will be used. An investigative consumer reporting agency shall make a
reasonable effort to verify the identity of a new prospective user
and the uses certified by the prospective user prior to furnishing
the user any investigative consumer reports. An investigative
consumer reporting agency may not furnish an investigative consumer
report to a person unless it has a written agreement that the
investigative consumer reports will be used by that person only for
purposes listed in Section 1786.12.
(b) Whenever an investigative consumer reporting agency prepares
an investigative consumer report, it shall follow reasonable
procedures to assure maximum possible accuracy of the information
concerning the individual about whom the report relates. An
investigative consumer reporting agency shall retain the
investigative consumer report for two years after the report is
provided.
(c) An investigative consumer reporting agency may not make an
inquiry for the purpose of preparing an investigative consumer report
on a consumer for employment purposes if the making of the inquiry
by an employer or prospective employer of the consumer would violate
applicable federal or state equal employment opportunity law or
regulation.
(d) (1) An investigative consumer reporting agency doing business
in this state shall conspicuously post, as defined in subdivision (b)
of Section 22577 of the Business and Professions Code, on its
primary Internet Web site information describing its privacy
practices with respect to its preparation and processing of
investigative consumer reports. If the investigative consumer
reporting agency does not have an Internet Web site, it shall, upon
request, mail a written copy of the privacy statement to consumers.
The privacy statement shall conspicuously include, but not be limited
to, both of the following:
(A) A statement entitled "Personal Information Disclosure: United
States or Overseas," that indicates whether the personal information
will be transferred to third parties outside the United States or its
territories.
(B) A separate section that includes the name, mailing address,
e-mail address, and telephone number of the investigative consumer
reporting agency representatives who can assist a consumer with
additional information regarding the investigative consumer reporting
agency's privacy practices or policies in the event of a compromise
of his or her information.
(2) For purposes of this subdivision, "third party" shall include,
but not be limited to, a contractor, foreign affiliate, wholly owned
entity, or an employee of the investigative consumer reporting
agency.
(e) An investigative consumer reporting agency shall be liable to
a consumer who is the subject of a report if the consumer is harmed
by any unauthorized access of the consumer's personally identifiable
information, act, or omission that occurs outside the United States
or its territories as a result of the investigative consumer
reporting agency negligently preparing or processing an investigative
consumer report, or portion thereof, outside of the United States or
its territories. Liability shall be in an amount equal to the sum of
(1) any actual damages sustained by the consumer as a result of the
unauthorized access, and (2) in the case of any successful action to
enforce any liability under this section, the costs of the action
together with reasonable attorney's fees, as determined by the court.
1786.22. (a) An investigative consumer reporting agency shall
supply files and information required under Section 1786.10 during
normal business hours and on reasonable notice.
(b) Files maintained on a consumer shall be made available for the
consumer's visual inspection, as follows:
(1) In person, if he appears in person and furnishes proper
identification. A copy of his file shall also be available to the
consumer for a fee not to exceed the actual costs of duplication
services provided.
(2) By certified mail, if he makes a written request, with proper
identification, for copies to be sent to a specified addressee.
Investigative consumer reporting agencies complying with requests for
certified mailings under this section shall not be liable for
disclosures to third parties caused by mishandling of mail after such
mailings leave the investigative consumer reporting agencies.
(3) A summary of all information contained in files on a consumer
and required to be provided by Section 1786.10 shall be provided by
telephone, if the consumer has made a written request, with proper
identification for telephone disclosure, and the toll charge, if any,
for the telephone call is prepaid by or charged directly to the
consumer.
(c) The term "proper identification" as used in subdivision (b)
shall mean that information generally deemed sufficient to identify a
person. Such information includes documents such as a valid driver's
license, social security account number, military identification
card, and credit cards. Only if the consumer is unable to reasonably
identify himself with the information described above, may an
investigative consumer reporting agency require additional
information concerning the consumer's employment and personal or
family history in order to verify his identity.
(d) The investigative consumer reporting agency shall provide
trained personnel to explain to the consumer any information
furnished him pursuant to Section 1786.10.
(e) The investigative consumer reporting agency shall provide a
written explanation of any coded information contained in files
maintained on a consumer. This written explanation shall be
distributed whenever a file is provided to a consumer for visual
inspection as required under Section 1786.22.
(f) The consumer shall be permitted to be accompanied by one other
person of his choosing, who shall furnish reasonable identification.
An investigative consumer reporting agency may require the consumer
to furnish a written statement granting permission to the consumer
reporting agency to discuss the consumer's file in such person's
presence.
1786.24. (a) If the completeness or accuracy of any item of
information contained in his or her file is disputed by a consumer,
and the dispute is conveyed directly to the investigative consumer
reporting agency by the consumer, the investigative consumer
reporting agency shall, without charge, reinvestigate and record the
current status of the disputed information or delete the item from
the file in accordance with subdivision (c), before the end of the
30-day period beginning on the date on which the agency receives the
notice of the dispute from the consumer.
(b) The agency shall notify any person who provided information in
dispute at the address and in the manner specified by that person.
The notice shall include all relevant information regarding the
dispute that the investigative consumer reporting agency has received
from the consumer. The agency shall also promptly provide to the
person who provided the information in dispute all relevant
information regarding the dispute that is received by the agency from
the consumer during the reinvestigation.
(c) In conducting a reinvestigation, the investigative consumer
reporting agency shall review and consider all relevant information
submitted by the consumer with respect to the disputed item of
information.
(d) Notwithstanding subdivision (a), an investigative consumer
reporting agency may terminate a reinvestigation of information
disputed by a consumer if the investigative consumer reporting agency
reasonably determines that the dispute is frivolous or irrelevant,
including by reason of a failure by a consumer to provide sufficient
information to investigate the disputed information. Upon making a
determination that a dispute is frivolous or irrelevant, the
investigative consumer reporting agency shall notify the consumer, by
mail or, if authorized by the consumer for that purpose, by any
other means available to the agency. In this notification, the
investigative consumer reporting agency shall state the specific
reasons why it has determined that the consumer's dispute is
frivolous or irrelevant and provide a description of any information
required to investigate the disputed information, that may consist of
a standardized form describing the general nature of the required
information.
(e) If a reinvestigation is made and, after reinvestigation, the
disputed item of information is found to be inaccurate, incomplete,
or cannot be verified by the evidence submitted, the investigative
consumer reporting agency shall promptly delete that information from
the consumer's file or modify the information, as appropriate, based
on the results of the reinvestigation, and shall notify the consumer
that the information has been deleted or modified. The consumer
reporting agency shall also notify any and all sources from which the
disputed information was obtained and inform them in writing of the
reasons and results of the reinvestigation, and send a copy of this
notification to the consumer. In accordance with subdivision (b) of
Section 1786.10, the copy of the notification sent to the consumer
need not reveal the identity of the source of information, unless
otherwise required by law.
(f) No information may be reinserted in the file of a consumer
after having been deleted pursuant to this section, unless the person
who furnished the information verifies that the information is
complete and accurate. If any information deleted from the file of a
consumer is reinserted in the file, the investigative consumer
reporting agency shall promptly notify the consumer of the
reinsertion in writing or, if authorized by the consumer for that
purpose, by any other means available to the agency. As part of, or
in addition to, this notice, the investigative consumer reporting
agency shall provide to the consumer in writing (1) a statement that
the disputed information has been reinserted, (2) the name, address,
and telephone number of any furnisher of information contacted or
that contacted the investigative consumer reporting agency in
connection with the reinsertion, and the telephone number of the
furnisher, if reasonably available, and (3) a notice that the
consumer has the right to a reinvestigation of the information
reinserted by the investigative consumer reporting agency and to add
a statement to his or her file disputing the accuracy or completeness
of the information.
(g) An investigative consumer reporting agency shall provide
notice to the consumer of the results of any reinvestigation under
this section by mail or, if authorized by the consumer for that
purpose, by other means available to the agency. The notice shall
include (1) a statement that the reinvestigation is completed, (2) an
investigative consumer report that is based on the consumer's file
as that file is revised as a result of the reinvestigation, (3) a
description or indication of any changes made in the investigative
consumer report as a result of those revisions to the consumer's
file, (4) a notice that, if requested by the consumer, a description
of the procedure used to determine the accuracy and completeness of
the information shall be provided to the consumer by the
investigative consumer reporting agency, including the name, business
address, and telephone number of any furnisher of information
contacted in connection with that information, (5) a notice that the
consumer has the right to add a statement to the consumer's file
disputing the accuracy or completeness of the information, and (6) a
notice that the consumer has the right to request that the
investigative consumer reporting agency furnish notifications under
subdivision (k).
(h) The presence of information in the consumer's file that
contradicts the contention of the consumer shall not, in and of
itself, constitute reasonable grounds for believing the dispute is
frivolous or irrelevant.
(i) If the investigative consumer reporting agency determines that
the dispute is frivolous or irrelevant, or if the reinvestigation
does not resolve the dispute, or if the information is reinserted
into the file of a consumer pursuant to subdivision (f), the consumer
may file a brief statement setting forth the nature of the dispute.
The investigative consumer reporting agency may limit these
statements to not more than 500 words if it provides the consumer
with assistance in writing a clear summary of the dispute.
(j) If a statement of dispute is filed, the investigative consumer
reporting agency shall, in any subsequent investigative consumer
report containing the information in question, clearly note that the
information is disputed by the consumer and shall include in the
report either the statement of the consumer or a clear and accurate
summary thereof.
(k) Following the deletion of information from the file of a
consumer pursuant to this section, or following the filing of a
dispute pursuant to subdivision (i), the investigative consumer
reporting agency shall, at the request of the consumer, furnish
notification that the item of information has been deleted or that
the item of information is disputed. In the case of disputed
information, the notification shall include the statement or summary
of the dispute filed pursuant to subdivision (i). This notification
shall be furnished to any person who has, within two years prior to
the deletion or the filing of the dispute, received an investigative
consumer report concerning the consumer for employment purposes, or
who has, within one year of the deletion or the filing of the
dispute, received an investigative consumer report concerning the
consumer for any other purpose, if these investigative consumer
reports contained the deleted or disputed information, unless the
consumer specifically requests in writing that this notification not
be given to all persons or to any specified persons. The
investigative consumer reporting agency shall clearly and
conspicuously disclose to the consumer his or her rights to make a
request that this notification not be made.
(l) An investigative consumer reporting agency shall maintain
reasonable procedures designed to prevent the reappearance in the
file of a consumer and in investigative consumer reports information
that has been deleted pursuant to this section and not reinserted
pursuant to subdivision (f).
(m) If the dispute of a consumer is resolved by deletion of the
disputed information within three business days, beginning with the
day the investigative consumer reporting agency receives notice of
the dispute in accordance with subdivision (a), the investigative
consumer reporting agency is exempt from requirements for further
action under subdivisions (g), (i), and (j), if the agency: (1)
provides prompt notice of the deletion to the consumer by telephone,
(2) provides written confirmation of the deletion and a copy of an
investigative consumer report of the consumer that is based on the
file of a consumer after the deletion, and (3) includes, in the
telephone notice or in a written notice that accompanies the
confirmation and report, a statement of the consumer's right to
request under subdivision (k) that the agency not furnish
notifications under that subdivision.
(n) Any investigative consumer reporting agency that compiles and
maintains files on consumers on a nationwide basis, as defined in the
federal Fair Credit Reporting Act, as amended (15 U.S.C. Sec. 1681
et seq.), shall implement an automated system through which
furnishers of information to that agency may report the results of a
reinvestigation that finds incomplete or inaccurate information in
the file of a consumer to other investigative consumer reporting
agencies.
(o) All actions to be taken by an investigative consumer reporting
agency under this section are governed by the applicable time
periods specified in Section 611 of the federal Fair Credit Reporting
Act, as amended (15 U.S.C. Sec. 1681i).
1786.26. (a) Except as otherwise provided in subdivision (c), an
investigative consumer reporting agency may charge a consumer a fee
not exceeding eight dollars ($8) for making disclosures to the
consumer pursuant to Sections 1786.10, 1786.11, and 1786.22. Any
charges shall be indicated to the consumer prior to disclosure.
(b) An investigative consumer reporting agency shall not impose
any charge for providing notice to a consumer required under Section
1786.24, furnishing an investigative consumer report pursuant to
Section 1786.24, or notifying a person pursuant to subdivision (k) of
Section 1786.24 of the deletion of information that is found to be
inaccurate or that cannot be verified.
(c) Upon the request of the consumer, an investigative consumer
reporting agency shall make all disclosures pursuant to Section
1786.10 and 1786.22 once during any 12-month period without charge to
that consumer if the consumer certifies in writing that he or she
(1) is unemployed and intends to apply for employment in the 60-day
period beginning on the date the certification is made, (2) is a
recipient of public welfare assistance, or (3) has reason to believe
that the file on the consumer at the investigative consumer reporting
agency contains inaccurate information due to fraud.
(d) An investigative consumer reporting agency shall not impose
any charge on a consumer for providing any notification or making any
disclosure required by this title, except as authorized by this
section.
1786.28. (a) Each investigative consumer reporting agency that
collects, assembles, evaluates, compiles, reports, transmits,
transfers, or communicates items of information concerning consumers
which are matters of public record shall specify in any report
containing public record information the source from which this
information was obtained, including the particular court, if
applicable, and the date that this information was initially reported
or publicized.
(b) A consumer reporting agency which furnishes a consumer report
for employment purposes and which for that purpose compiles,
collects, assembles, evaluates, reports, transmits, transfers, or
communicates items of information on consumers which are matters of
public record and are likely to have an adverse effect upon a
consumer's ability to obtain employment shall in addition maintain
strict procedures designed to insure that whenever public record
information which is likely to have an adverse effect on a consumer's
ability to obtain employment is reported it is complete and up to
date. For purposes of this paragraph, items of public record relating
to arrests, indictments, convictions, suits, tax liens, and
outstanding judgments shall be considered up to date if the current
public record status of the item at the time of the report is
reported.
1786.29. An investigative consumer reporting agency shall provide
the following notices on the first page of an investigative consumer
report:
(a) A notice in at least 12-point boldface type setting forth that
the report does not guarantee the accuracy or truthfulness of the
information as to the subject of the investigation, but only that it
is accurately copied from public records, and information generated
as a result of identity theft, including evidence of criminal
activity, may be inaccurately associated with the consumer who is the
subject of the report.
(b) An investigative consumer reporting agency shall provide a
consumer seeking to obtain a copy of a report or making a request to
review a file, a written notice in simple, plain English and Spanish
setting forth the terms and conditions of his or her right to receive
all disclosures, as provided in Section 1786.26.
1786.30. Whenever an investigative consumer reporting agency
prepares an investigative consumer report, no adverse information in
the report (other than information that is a matter of public record,
the status of which has been updated pursuant to Section 1786.28)
may be included in a subsequent investigative consumer report unless
that adverse information has been verified in the process of making
the subsequent investigative consumer report, or the adverse
information was received within the three-month period preceding the
date the subsequent report is furnished.
1786.40. (a) Whenever insurance for personal, family, or household
purposes, employment, or the hiring of a dwelling unit involving a
consumer is denied, or the charge for that insurance or the hiring of
a dwelling unit is increased, under circumstances in which a report
regarding the consumer was obtained from an investigative consumer
reporting agency, the user of the investigative consumer report shall
so advise the consumer against whom the adverse action has been
taken and supply the name and address of the investigative consumer
reporting agency making the report.
(b) Whenever insurance for personal, family, or household purposes
involving a consumer is denied or the charge for that insurance is
increased, either wholly or in part because of information bearing
upon the consumer's general reputation, personal characteristics, or
mode of living, that was obtained from a person other than an
investigative consumer reporting agency, the consumer, or another
person related to the consumer and acting on the consumer's behalf,
the user of the information shall, within a reasonable period of
time, and upon the consumer's written request for the reasons for the
adverse action received within 60 days after learning of the adverse
action, disclose the nature and substance of the information to the
consumer. The user of the information shall clearly and accurately
disclose to the consumer his or her right to make this written
request at the time the adverse action is communicated to the
consumer.
