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TITLE 1.6. CONSUMER CREDIT REPORTING AGENCIES ACT
CHAPTER 2. OBLIGATIONS OF CONSUMER CREDIT REPORTING AGENCIES
California Civil Code Section 1785.10-1785.19.5




1785.10.  (a) Every consumer credit reporting agency shall, upon
request and proper identification of any consumer, allow the consumer
to visually inspect all files maintained regarding that consumer at
the time of the request.
   (b) Every consumer reporting agency, upon contact by a consumer by
phone, mail, or in person regarding information which may be
contained in the agency files regarding that consumer, shall promptly
advise the consumer of his or her rights under Sections 1785.19 and
1785.19.5, and of the obligation of the agency to provide disclosure
of the files in person, by mail, or by telephone pursuant to Section
1785.15, including the obligation of the agency to provide a decoded
written version of the file or a written copy of the file with an
explanation of any code used, if the consumer so requests that copy.
The disclosure shall be provided in the manner selected by the
consumer, chosen from among any reasonable means available to the
consumer credit reporting agency.
   The agency shall determine the applicability of subdivision (1) of
Section 1785.17 and, where applicable, the agency shall inform the
consumer of the rights under that section.
   (c) All information on a consumer in the files of a consumer
credit reporting agency at the time of a request for inspection under
subdivision (a), shall be available for inspection, including the
names and addresses of the sources of information.
   (d) The consumer credit reporting agency shall also disclose the
recipients of any consumer credit report on the consumer which the
consumer credit reporting agency has furnished:
   (1) For employment purposes within the two-year period preceding
the request.
   (2) For any other purpose within the six-month period preceding
the request.
   Disclosure of recipients of consumer credit reports for purposes
of this subdivision shall include the name of the recipient or, if
applicable, the fictitious business name under which the recipient
does business disclosed in full.  If requested by the consumer, the
identification shall also include the address of the recipient.
   (e) The consumer credit reporting agency shall also disclose a
record of all inquiries received by the agency in the six-month
period preceding the request that identified the consumer in
connection with a credit transaction which is not initiated by the
consumer.  This record of inquiries shall include the name of each
recipient making such an inquiry.



1785.10.  (a) Every consumer credit reporting agency shall, upon
request and proper identification of any consumer, allow the consumer
to visually inspect all files maintained regarding that consumer at
the time of the request.
   (b) Every consumer reporting agency, upon contact by a consumer by
telephone, mail, or in person regarding information which may be
contained in the agency files regarding that consumer, shall promptly
advise the consumer of his or her rights under Sections 1785.19 and
1785.19.5, and of the obligation of the agency to provide disclosure
of the files in person, by mail, or by telephone pursuant to Section
1785.15, including the obligation of the agency to provide a decoded
written version of the file or a written copy of the file with an
explanation of any code, including any credit score used, and the key
factors, as defined in Section 1785.15.1, if the consumer so
requests that copy.  The disclosure shall be provided in the manner
selected by the consumer, chosen from among any reasonable means
available to the consumer credit reporting agency.
   The agency shall determine the applicability of subdivision (1) of
Section 1785.17 and, where applicable, the agency shall inform the
consumer of the rights under that section.
   (c) All information on a consumer in the files of a consumer
credit reporting agency at the time of a request for inspection under
subdivision (a), shall be available for inspection, including the
names and addresses of the sources of information.
   (d) (1) The consumer credit reporting agency shall also disclose
the recipients of any consumer credit report on the consumer which
the consumer credit reporting agency has furnished:
   (A) For employment purposes within the two-year period preceding
the request.
   (B) For any other purpose within the 12-month period preceding the
request.
   (2) Disclosure of recipients of consumer credit reports for
purposes of this subdivision shall include the name of the recipient
or, if applicable, the fictitious business name under which the
recipient does business disclosed in full.  If requested by the
consumer, the identification shall also include the address of the
recipient.
   (e) The consumer credit reporting agency shall also disclose a
record of all inquiries received by the agency in the 12-month period
preceding the request that identified the consumer in connection
with a credit transaction which is not initiated by the consumer.
This record of inquiries shall include the name of each recipient
making an inquiry.



1785.11.  (a) A consumer credit reporting agency shall furnish a
consumer credit report only under the following circumstances:
   (1) In response to the order of a court having jurisdiction to
issue an order.
   (2) In accordance with the written instructions of the consumer to
whom it relates.
   (3) To a person whom it has reason to believe:
   (A) Intends to use the information in connection with a credit
transaction, or entering or enforcing an order of a court of
competent jurisdiction for support, involving the consumer as to whom
the information is to be furnished and involving the extension of
credit to, or review or collection of an account of, the consumer; or

   (B) Intends to use the information for employment purposes; or
   (C) Intends to use the information in connection with the
underwriting of insurance involving the consumer, or for insurance
claims settlements; or
   (D) 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
   (E) Intends to use the information in connection with the hiring
of a dwelling unit, as defined in subdivision (c) of Section 1940; or

   (F) Otherwise has a legitimate business need for the information
in connection with a business transaction involving the consumer.
   (b) A consumer credit reporting agency may furnish information for
purposes of a credit transaction specified in subparagraph (A) of
paragraph (3) of subdivision (a), where it is a credit transaction
that is not initiated by the consumer, only under the circumstances
specified in paragraph (1) or (2), as follows:
   (1) The consumer authorizes the consumer credit reporting agency
to furnish the consumer credit report to the person.
   (2) The proposed transaction involves a firm offer of credit to
the consumer, the consumer credit reporting agency has complied with
subdivision (d), and the consumer has not elected pursuant to
paragraph (1) of subdivision (d) to have the consumer's name excluded
from lists of names provided by the consumer credit reporting agency
for purposes of reporting in connection with the potential issuance
of firm offers of credit.  A consumer credit reporting agency may
provide only the following information pursuant to this paragraph:
   (A) The name and address of the consumer.
   (B) Information pertaining to a consumer that is not identified or
identifiable with a particular consumer.
   (c) Except as provided in paragraph (2) of subdivision (a) of
Section 1785.15, a consumer credit reporting agency shall not furnish
to any person a record of inquiries solely resulting from credit
transactions that are not initiated by the consumer.
   (d) (1) A consumer may elect to have his or her name and address
excluded from any list provided by a consumer credit reporting agency
pursuant to paragraph (2) of subdivision (b) by notifying the
consumer credit reporting agency, by telephone or in writing, through
the notification system maintained by the consumer credit reporting
agency pursuant to subdivision (e), that the consumer does not
consent to any use of consumer credit reports relating to the
consumer in connection with any transaction that is not initiated by
the consumer.
   (2) An election of a consumer under paragraph (1) shall be
effective with respect to a consumer credit reporting agency, and any
affiliate of the consumer credit reporting agency, on the date on
which the consumer notifies the consumer credit reporting agency.
   (3) An election of a consumer under paragraph (1) shall terminate
and be of no force or effect following notice from the consumer to
the consumer credit reporting agency, through the system established
pursuant to subdivision (e), that the election is no longer
effective.
   (e) Each consumer credit reporting agency that furnishes a
prequalifying report pursuant to subdivision (b) in connection with a
credit transaction not initiated by the consumer shall establish and
maintain a notification system, including a toll-free telephone
number, that permits any consumer, with appropriate identification
and for which the consumer credit reporting agency has a file, to
notify the consumer credit reporting agency of the consumer's
election to have the consumer's name removed from any list of names
and addresses provided by the consumer credit reporting agency, and
by any affiliated consumer credit reporting agency, pursuant to
paragraph (2) of subdivision (b).  Compliance with the requirements
of this subdivision by a consumer credit reporting agency shall
constitute compliance with those requirements by any affiliate of
that consumer credit reporting agency.
   (f) Each consumer credit reporting agency that compiles and
maintains files on consumers on a nationwide basis shall establish
and maintain a notification system under paragraph (1) of subdivision
(e) jointly with its affiliated consumer credit reporting agencies.



1785.12.  Notwithstanding the provisions of Section 1785.11, a
consumer credit reporting agency may furnish to a governmental agency
a consumer's name, address, former address, places of employment, or
former places of employment.


1785.13.  (a) No consumer credit reporting agency shall make any
consumer credit report containing any of the following items of
information:
   (1) Bankruptcies that, from the date of adjudication, antedate the
report by more than 10 years.
   (2) Suits and judgments that, from the date of entry or renewal,
antedate the report by more than seven years or until the governing
statute of limitations has expired, whichever is the longer period.
   (3) Unlawful detainer actions, unless the lessor was the
prevailing party.  For purposes of this paragraph, the lessor shall
be deemed to be the prevailing party only if (A) final judgment was
awarded to the lessor (i) upon entry of the tenant's default, (ii)
upon the granting of the lessor's motion for summary judgment, or
(iii) following trial, or (B) the action was resolved by a written
settlement agreement between the parties that states that the
unlawful detainer action may be reported.  In any other instance in
which the action is resolved by settlement agreement, the lessor
shall not be deemed to be the prevailing party for purposes of this
paragraph.
   (4) Paid tax liens that, from the date of payment, antedate the
report by more than seven years.
   (5) Accounts placed for collection or charged to profit and loss
that antedate the report by more than seven years.
   (6) 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.
   (7) Any other adverse information that antedates the report by
more than seven years.
   (b) The seven-year period specified in paragraphs (5) and (7) of
subdivision (a) shall commence to run, with respect to any account
that is placed for collection (internally or by referral to a third
party, whichever is earlier), charged to profit and loss, or
subjected to any similar action, upon the expiration of the 180-day
period beginning on the date of the commencement of the delinquency
that immediately preceded the collection activity, charge to profit
and loss, or similar action.  Where more than one of these actions is
taken with respect to a particular account, the seven-year period
specified in paragraphs (5) and (7) shall commence concurrently for
all these actions on the date of the first of these actions.
   (c) Any consumer credit reporting agency that furnishes a consumer
credit report containing information regarding any case involving a
consumer arising under the bankruptcy provisions of Title 11 of the
United States Code shall include an identification of the chapter of
Title 11 of the United States Code under which the case arose if that
can be ascertained from what was provided to the consumer credit
reporting agency by the source of the information.
   (d) A consumer credit report shall not include any adverse
information concerning a consumer antedating the report by more than
10 years or that otherwise is prohibited from being included in a
consumer credit report.
   (e) If a consumer credit reporting agency is notified by a
furnisher of credit information that an open-end credit account of
the consumer has been closed by the consumer, any consumer credit
report thereafter issued by the consumer credit reporting agency with
respect to that consumer, and that includes information respecting
that account, shall indicate the fact that the consumer has closed
the account.  For purposes of this subdivision, "open-end credit
account" does not include any demand deposit account, such as a
checking account, money market account, or share draft account.
   (f) Consumer credit reporting agencies shall not include medical
information in their files on consumers or furnish medical
information for employment, insurance, or credit purposes in a
consumer credit report without the consent of the consumer.
   (g) A consumer credit reporting agency shall include in any
consumer credit report information, if any, on the failure of the
consumer to pay overdue child or spousal support, where the
information either was provided to the consumer credit reporting
agency pursuant to Section 4752 or has been provided to the consumer
credit reporting agency and verified by another federal, state, or
local governmental agency.



1785.135.  No consumer credit reporting agency shall make any
consumer credit report with respect to a document which acts as a
lien or other encumbrance, including, but not limited to, a notice of
lis pendens, but which has together with it a court order striking
or releasing the lien or other encumbrance pursuant to Section
765.030 of the Code of Civil Procedure.



1785.14.  (a) Every consumer credit reporting agency shall maintain
reasonable procedures designed to avoid violations of Section 1785.13
and to limit furnishing of consumer credit reports to the purposes
listed under Section 1785.11.  These procedures shall require that
prospective users of the information identify themselves, certify the
purposes for which the information is sought and certify that the
information will be used for no other purposes.  From the effective
date of this act the consumer credit reporting agency shall keep a
record of the purposes as stated by the user.  Every consumer credit
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 a consumer report.  No
consumer credit reporting agency may furnish a consumer credit report
to any person unless the consumer credit reporting agency has
reasonable grounds for believing that the consumer credit report will
be used by the person for the purposes listed in Section 1785.11.  A
consumer credit reporting agency does not have reasonable grounds
for believing that a consumer credit report will be used by the
person for the purposes listed in Section 1785.11 unless all of the
following requirements are met:
   (1) If the prospective user is a retail seller, as defined in
Section 1802.3, and intends to issue credit to a consumer who appears
in person on the basis of an application for credit submitted in
person, the consumer credit reporting agency shall, with a reasonable
degree of certainty, match at least three categories of identifying
information within the file maintained by the consumer credit
reporting agency on the consumer with the information provided to the
consumer credit reporting agency by the retail seller.  The
categories of identifying information may include, but are not
limited to, first and last name, month and date of birth, driver's
license number, place of employment, current residence address,
previous residence address, or social security number.  The
categories of information shall not include mother's maiden name.
   (2) If the prospective user is a retail seller, as defined in
Section 1802.3, and intends to issue credit to a consumer who appears
in person on the basis of an application for credit submitted in
person, the retail seller certifies, in writing, to the consumer
credit reporting agency that it instructs its employees and agents to
inspect a photo identification of the consumer at the time the
application was submitted in person.  This paragraph does not apply
to an application for credit submitted by mail.
   (3) If the prospective user intends to extend credit by mail
pursuant to a solicitation by mail, the extension of credit shall be
mailed to the same address as on the solicitation unless the
prospective user verifies any address change by, among other methods,
contacting the person to whom the extension of credit will be
mailed.
   (b) Whenever a consumer credit reporting agency prepares a
consumer credit report, it shall follow reasonable procedures to
assure maximum possible accuracy of the information concerning the
individual about whom the report relates.  These reasonable
procedures shall include, but not be limited to, permanent retention
by the consumer credit reporting agency in the consumer's file, or a
separately individualized file, of that portion of the data in the
file that is used by the consumer credit reporting agency to identify
the individual consumer pursuant to paragraph (1) of subdivision
(a).  This permanently retained data shall be available for use in
either a reinvestigation pursuant to subdivision (a) of Section
1785.16, an investigation where the consumer has filed a police
report pursuant to subdivision (k) of Section 1785.16, or a
restoration of a file involving the consumer.  If the permanently
retained identifying information is retained in a consumer's file, it
shall be clearly identified in the file in order for an individual
who reviews the file to easily distinguish between the permanently
stored identifying information and any other identifying information
that may be a part of the file.  This retention requirement shall not
apply to data that is reported in error, that is obsolete, or that
is found to be inaccurate through the results of a reinvestigation
initiated by a consumer pursuant to subdivision (a) of Section
1785.16.
   (c) No consumer credit reporting agency may prohibit any user of
any consumer credit report furnished by the consumer credit reporting
agency from disclosing the contents of the consumer credit report to
the consumer who is the subject of the report if adverse action may
be taken by the user based in whole or in part on the consumer credit
report.  The act of disclosure to the consumer by the user of the
contents of a consumer credit report shall not be a basis for
liability of the consumer credit reporting agency or the user under
Section 1785.31.
   (d) A consumer credit reporting agency shall provide a written
notice to any person who regularly and in the ordinary course of
business supplies information to the consumer credit reporting agency
concerning any consumer or to whom a consumer credit report is
provided by the consumer credit reporting agency.  The notice shall
specify the person's obligations under this title.  Copies of the
appropriate code sections shall satisfy the requirement of this
subdivision.


1785.15.  (a) A consumer credit reporting agency shall supply files
and information required under Section 1785.10 during normal business
hours and on reasonable  notice.  In addition to the disclosure
provided by this chapter and any disclosures received by the
consumer, the consumer has the right to request and receive all of
the following:
   (1) Either a decoded written version of the file or a written copy
of the file, including all information in the file at the time of
the request, with an explanation of any code used.
   (2) A record of all inquiries, by recipient, which result in the
provision of information concerning the consumer in connection with a
credit transaction that is not initiated by the consumer and which
were received by the consumer credit reporting agency in the
six-month period immediately preceding the request for disclosure
under this section.
   (3) The recipients, including end users specified in Section
1785.22, of any consumer credit report on the consumer which the
consumer credit reporting agency has furnished:
   (A) For employment purposes within the two-year period preceding
the request.
   (B) For any other purpose within the six-month period preceding
the request.
   Identification for purposes of this paragraph shall include the
name of the recipient or, if applicable, the fictitious business name
under which the recipient does business disclosed in full.  If
requested by the consumer, the identification shall also include the
address of the recipient.
   (b) Files maintained on a consumer shall be disclosed promptly as
follows:
   (1) In person, at the location where the consumer credit reporting
agency maintains the trained personnel required by subdivision (d),
if he or she appears in person and furnishes proper identification.
   (2) By mail, if the consumer makes a written request with proper
identification for a copy of the file or a decoded written version of
that file to be sent to the consumer at a specified address.  A
disclosure pursuant to this paragraph shall be deposited in the
United States mail, postage prepaid, within five business days after
the consumer's written request for the disclosure is received by the
consumer credit reporting agency.  Consumer credit reporting agencies
complying with requests for mailings under this section shall not be
liable for disclosures to third parties caused by mishandling of
mail after such mailings leave the consumer reporting agencies.
   (3) A summary of all information contained in files on a consumer
and required to be provided by Section 1785.10 shall be provided by
telephone, if the consumer has made a written request, with proper
identification for telephone disclosure.
   (4) Information in a consumer's file required to be provided in
writing under this section may also be disclosed in another form if
authorized by the consumer and if available from the consumer credit
reporting agency.  For this purpose a consumer may request disclosure
in person pursuant to Section 1785.10, by telephone upon disclosure
of proper identification by the consumer, by electronic means if
available from the consumer credit reporting agency, or by any other
reasonable means that is available from the consumer credit reporting
agency.
   (c) "Proper identification," as used in subdivision (b) means that
information generally deemed sufficient to identify a person.  Only
if the consumer is unable to reasonably identify himself or herself
with the information described above, may a consumer credit reporting
agency require additional information concerning the consumer's
employment and personal or family history in order to verify his
identity.
   (d) The consumer credit reporting agency shall provide trained
personnel to explain to the consumer any information furnished him or
her pursuant to Section 1785.10.
   (e) The consumer shall be permitted to be accompanied by one other
person of his or her choosing, who shall furnish reasonable
identification.  A consumer credit reporting agency may require the
consumer to furnish a written statement granting permission to the
consumer credit reporting agency to discuss the consumer's file in
such person's presence.
   (f) Any written disclosure by a consumer credit reporting agency
to any consumer pursuant to this section shall include a written
summary of all rights the consumer has under this title and in the
case of a consumer credit reporting agency which compiles and
maintains consumer credit reports on a nationwide basis, a toll-free
telephone number which the consumer can use to communicate with the
consumer credit reporting agency. The written summary of rights
required under this subdivision is sufficient if in substantially the
following form:
   "You have a right to obtain a copy of your credit file from a
consumer credit reporting agency.  You may be charged a reasonable
fee not exceeding eight dollars ($8).  There is no fee, however, if
you have been turned down for credit, employment, insurance, or a
rental dwelling because of information in your credit report within
the preceding 60 days.  The consumer credit reporting agency must
provide someone to help you interpret the information in your credit
file.
   You have a right to dispute inaccurate information by contacting
the consumer credit reporting agency directly.  However, neither you
nor any credit repair company or credit service organization has the
right to have accurate, current, and verifiable information removed
from your credit report.  Under the Federal Fair Credit Reporting
Act, the consumer credit reporting agency must remove accurate,
negative information from your report only if it is over seven years
old.  Bankruptcy information can be reported for 10 years.
   If you have notified a credit reporting agency in writing that you
dispute the accuracy of information in your file, the consumer
credit reporting agency must then, within 30 business days,
reinvestigate and modify or remove inaccurate information.  The
consumer credit reporting agency may not charge a fee for this
service.  Any pertinent information and copies of all documents you
have concerning an error should be given to the consumer credit
reporting agency.
   If reinvestigation does not resolve the dispute to your
satisfaction, you may send a brief statement to the consumer credit
reporting agency to keep in your file, explaining why you think the
record is inaccurate.  The consumer credit reporting agency must
include your statement about disputed information in a report it
issues about you.
   You have a right to receive a record of all inquiries relating to
a credit transaction initiated in six months preceding your request.
This record shall include the recipients of any consumer credit
report.
   You may request in writing that the information contained in your
file not be provided to a third party for marketing purposes.
   You have a right to bring civil action against anyone who
improperly obtains access to a file or knowingly or willfully misuses
file data."


1785.15.  (a) A consumer credit reporting agency shall supply files
and information required under Section 1785.10 during normal business
hours and on reasonable notice.  In addition to the disclosure
provided by this chapter and any disclosures received by the
consumer, the consumer has the right to request and receive all of
the following:
   (1) Either a decoded written version of the file or a written copy
of the file, including all information in the file at the time of
the request, with an explanation of any code used.
   (2) A credit score for the consumer, the key factors, and the
related information, as defined in and required by Section 1785.15.1.

   (3) A record of all inquiries, by recipient, which result in the
provision of information concerning the consumer in connection with a
credit transaction that is not initiated by the consumer and which
were received by the consumer credit reporting agency in the 12-month
period immediately preceding the request for disclosure under this
section.
   (4) The recipients, including end users specified in Section
1785.22, of any consumer credit report on the consumer which the
consumer credit reporting agency has furnished:
   (A) For employment purposes within the two-year period preceding
the request.
   (B) For any other purpose within the 12-month period preceding the
request.
   Identification for purposes of this paragraph shall include the
name of the recipient or, if applicable, the fictitious business name
under which the recipient does business disclosed in full.  If
requested by the consumer, the identification shall also include the
address of the recipient.
   (b) Files maintained on a consumer shall be disclosed promptly as
follows:
   (1) In person, at the location where the consumer credit reporting
agency maintains the trained personnel required by subdivision (d),
if he or she appears in person and furnishes proper identification.
   (2) By mail, if the consumer makes a written request with proper
identification for a copy of the file or a decoded written version of
that file to be sent to the consumer at a specified address.  A
disclosure pursuant to this paragraph shall be deposited in the
United States mail, postage prepaid, within five business days after
the consumer's written request for the disclosure is received by the
consumer credit reporting agency.  Consumer credit reporting agencies
complying with requests for mailings under this section shall not be
liable for disclosures to third parties caused by mishandling of
mail after the mailings leave the consumer reporting agencies.
   (3) A summary of all information contained in files on a consumer
and required to be provided by Section 1785.10 shall be provided by
telephone, if the consumer has made a written request, with proper
identification for telephone disclosure.
   (4) Information in a consumer's file required to be provided in
writing under this section may also be disclosed in another form if
authorized by the consumer and if available from the consumer credit
reporting agency.  For this purpose a consumer may request disclosure
in person pursuant to Section 1785.10, by telephone upon disclosure
of proper identification by the consumer, by electronic means if
available from the consumer credit reporting agency, or by any other
reasonable means that is available from the consumer credit reporting
agency.
   (c) "Proper identification," as used in subdivision (b) means that
information generally deemed sufficient to identify a person.  Only
if the consumer is unable to reasonably identify himself or herself
with the information described above, may a consumer credit reporting
agency require additional information concerning the consumer's
employment and personal or family history in order to verify his or
her identity.
   (d) The consumer credit reporting agency shall provide trained
personnel to explain to the consumer any information furnished him or
her pursuant to Section 1785.10.
   (e) The consumer shall be permitted to be accompanied by one other
person of his or her choosing, who shall furnish reasonable
identification.  A consumer credit reporting agency may require the
consumer to furnish a written statement granting permission to the
consumer credit reporting agency to discuss the consumer's file in
that person's presence.
   (f) Any written disclosure by a consumer credit reporting agency
to any consumer pursuant to this section shall include a written
summary of all rights the consumer has under this title and in the
case of a consumer credit reporting agency which compiles and
maintains consumer credit reports on a nationwide basis, a toll-free
telephone number which the consumer can use to communicate with the
consumer credit reporting agency. The written summary of rights
required under this subdivision is sufficient if in substantially the
following form:
   "You have a right to obtain a copy of your credit file from a
consumer credit reporting agency.  You may be charged a reasonable
fee not exceeding eight dollars ($8).  There is no fee, however, if
you have been turned down for credit, employment, insurance, or a
rental dwelling because of information in your credit report within
the preceding 60 days.  The consumer credit reporting agency must
provide someone to help you interpret the information in your credit
file.
   You have a right to dispute inaccurate information by contacting
the consumer credit reporting agency directly.  However, neither you
nor any credit repair company or credit service organization has the
right to have accurate, current, and verifiable information removed
from your credit report.  Under the Federal Fair Credit Reporting
Act, the consumer credit reporting agency must remove accurate,
negative information from your report only if it is over seven years
old.  Bankruptcy information can be reported for 10 years.
   If you have notified a credit reporting agency in writing that you
dispute the accuracy of information in your file, the consumer
credit reporting agency must then, within 30 business days,
reinvestigate and modify or remove inaccurate information.  The
consumer credit reporting agency may not charge a fee for this
service.  Any pertinent information and copies of all documents you
have concerning an error should be given to the consumer credit
reporting agency.
   If reinvestigation does not resolve the dispute to your
satisfaction, you may send a brief statement to the consumer credit
reporting agency to keep in your file, explaining why you think the
record is inaccurate.  The consumer credit reporting agency must
include your statement about disputed information in a report it
issues about you.
   You have a right to receive a record of all inquiries relating to
a credit transaction initiated in 12 months preceding your request.
This record shall include the recipients of any consumer credit
report.
   You may request in writing that the information contained in your
file not be provided to a third party for marketing purposes.
   You have a right to bring civil action against anyone, including a
consumer credit reporting agency, who improperly obtains access to a
file, knowingly or willfully misuses file data, or fails to correct
inaccurate file data."


1785.15.1.  (a) Upon the consumer's request for a credit score, a
consumer credit reporting agency shall supply to a consumer a notice
which shall include the information described in paragraphs (1) to
(5), inclusive, and a statement indicating that the information and
credit scoring model may be different than the credit score that may
be used by the lender.  However, if the consumer requests the credit
file and not the credit score, then the consumer shall receive the
credit file and a statement that he or she may request and obtain a
credit score.
   (1) The consumer's current credit score or the consumer's most
recent credit score that was previously calculated by the credit
reporting agency for a purpose related to the extension of credit.
   (2) The range of possible credit scores under the model used.
   (3) All the key factors that adversely affected the consumer's
credit score in the model used, the total number of which shall not
exceed four.
   (4) The date the credit score was created.
   (5) The name of the person or entity that provided the credit
score or credit file upon which the credit score was created.
   (b) For purposes of this act, "credit score" means a numerical
value or a categorization derived from a statistical tool or modeling
system used by a person who makes or arranges a loan to predict the
likelihood of certain credit behaviors, including default.  The
numerical value or the categorization derived from this analysis may
also be referred to as a "risk predictor" or "risk score."  "Credit
score" does not include any mortgage score or rating of an automated
underwriting system that considers one or more factors in addition to
credit information, including, but not limited to, the loan to value
ratio, the amount of down payment, or a consumer's financial assets.
  "Credit score" does not include other elements of the underwriting
process or underwriting decision.
   (c) For the purposes of this section, "key factors" means all
relevant elements or reasons adversely affecting the credit score for
the particular individual listed in the order of their importance
based on their effect on the credit score.
   (d) The information required by this section shall be provided in
the same timeframe and manner as the information described in Section
1785.15.
   (e) This section shall not be construed to compel a consumer
reporting agency to develop or disclose a score if the agency does
not (1) distribute scores that are used in connection with
residential real property loans, or (2) develop scores that assist
credit providers in understanding a consumer's general credit
behavior and predicting his or her future credit behavior.
   (f) This section shall not be construed to require a consumer
credit reporting agency that distributes credit scores developed by
another person or entity to provide a further explanation of them, or
to process a dispute arising pursuant to subdivision (a) of Section
1785.16, except that the consumer credit reporting agency shall
provide the consumer with the name and address and website for
contacting the person or entity who developed the score or developed
the methodology of the score.  This subdivision does not apply to a
consumer credit reporting agency that develops or modifies scores
that are developed by another person or entity.
   (g) This section shall not be construed to require a consumer
reporting agency to maintain credit scores in its files.



1785.15.2.  (a) In complying with Section 1785.15.1, a consumer
credit reporting agency shall supply the consumer with a credit score
that is derived from a credit scoring model that is widely
distributed to users by that consumer credit reporting agency in
connection with residential real property loans or with a credit
score that assists the consumer in understanding the credit scoring
assessment of his or her credit behavior and predictions about his or
her future credit behavior, and a statement indicating that the
information and credit scoring model may be different than that used
by the lender.
   (b) A consumer credit reporting agency may charge a reasonable fee
for providing the information required under Section 1785.15.1.




1785.16.  (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 consumer credit reporting
agency by the consumer or user on behalf of the consumer, the
consumer credit reporting agency shall within a reasonable period of
time and without charge reinvestigate and record the current status
of the disputed information before the end of the 30-business-day
period beginning on the date the agency receives notice of the
dispute from the consumer or user, unless the consumer credit
reporting agency has reasonable grounds to believe and determines
that the dispute by the consumer is frivolous or irrelevant,
including by reason of a failure of the consumer to provide
sufficient information, as requested by the consumer credit reporting
agency, to resolve the dispute.  Unless the consumer credit
reporting agency determines that the dispute is frivolous or
irrelevant, before the end of the five-business-day period beginning
on the date the consumer credit reporting agency receives notice of
dispute under this section, the agency shall notify any person who
provided information in dispute at the address and in the manner
specified by the person.  A consumer credit reporting agency may
require that disputes by consumers be in writing.
   (b) In conducting such a reinvestigation the consumer credit
reporting agency shall review and consider all relevant information
submitted by the consumer with respect to the disputed item of
information.  If the consumer credit reporting agency determines that
the dispute is frivolous or irrelevant, it shall notify the consumer
by mail or, if authorized by the consumer for that purpose, by any
other means available to the consumer credit reporting agency, within
five business days after that determination is made that it is
terminating its reinvestigation of the item of information.  In this
notification, the consumer credit reporting agency shall state the
specific reasons why it has determined that  the consumer's dispute
is frivolous or irrelevant.  If the disputed item of information is
found to be inaccurate, missing, or can no longer be verified by the
evidence submitted, the consumer credit reporting agency shall
promptly add, correct, or delete that information from the consumer's
file.
   (c) No information may be reinserted in a consumer's file after
having been deleted pursuant to this section unless the person who
furnished the information verifies that the information is accurate.
If any information deleted from a consumer's file is reinserted in
the file, the consumer credit 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
consumer credit reporting agency.  As part of, or in addition to,
this notice the consumer credit reporting agency shall, within five
business days of reinserting the information, provide the consumer in
writing (1) a statement that the disputed information has been
reinserted, (2) a notice that the agency will provide to the
consumer, within 15 days following a request, the name, address, and
telephone number of any furnisher of information contacted or which
contacted the consumer credit reporting agency in connection with the
reinsertion, (3) the toll-free telephone number of the consumer
credit reporting agency that the consumer can use to obtain this
name, address, and telephone number, and (4) a notice that the
consumer has the right to a reinvestigation of the information
reinserted by the consumer credit reporting agency and to add a
statement to his or her file disputing the accuracy or completeness
of the information.
   (d) A consumer credit reporting agency shall provide notice to the
consumer of the results of any reinvestigation under this
subdivision, within five days of completion of the reinvestigation.
The notice shall include (1) a statement that the reinvestigation is
completed, (2) a consumer credit 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 consumer
credit 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 consumer credit
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 consumer credit reporting agency
furnish notifications under subdivision (h).  A consumer credit
reporting agency shall provide the notice pursuant to this
subdivision respecting the procedure used to determine the accuracy
and completeness of information, not later than 15 days after
receiving a request from the consumer.
   (e) 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.
   (f) If the consumer credit 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
consumer's file pursuant to subdivision (c), the consumer may file a
brief statement setting forth the nature of the dispute.  The
consumer credit reporting agency may limit these statements to not
more than 100 words if it provides the consumer with assistance in
writing a clear summary of the dispute.
   (g) Whenever a statement of dispute is filed, the consumer credit
reporting agency shall, in any subsequent consumer credit report
containing the information in question, clearly note that the
information is disputed by the consumer and shall include in the
report either the consumer's statement or a clear and accurate
summary thereof.
   (h) Following the deletion of information from a consumer's file
pursuant to this section, or following the filing of a statement of
dispute pursuant to subdivision (f), the consumer credit 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 (f).  This notification shall be
furnished to any person, specifically designated by the consumer, who
has, within two years prior to the deletion or the filing of the
dispute, received a consumer credit report concerning the consumer
for employment purposes, or who has, within six months of the
deletion or the filing of the dispute, received a consumer credit
report concerning the consumer for any other purpose, if these
consumer credit reports contained the deleted or disputed
information.  The consumer credit reporting agency shall clearly and
conspicuously disclose to the consumer his or her rights to make a
request for this notification.  The disclosure shall be made at or
prior to the time the information is deleted pursuant to this section
or the consumer's statement regarding the disputed information is
received pursuant to subdivision (f).
   (i) A consumer credit reporting agency shall maintain reasonable
procedures designed to prevent the reappearance in a consumer's file
and in consumer credit reports of information that has been deleted
pursuant to this section and not reinserted pursuant to subdivision
(c).
   (j) If the consumer's dispute is resolved by deletion of the
disputed information within three business days, beginning with the
day the consumer credit reporting agency receives notice of the
dispute in accordance with subdivision (a), and provided that
verification thereof is provided to the consumer in writing within
five business days following the deletion, then the consumer credit
reporting agency shall be exempt from requirements for further action
under subdivisions (d), (f), and (g).
   (k) If a consumer submits to a credit reporting agency a copy of a
valid police report filed pursuant to Section 530.5 of the Penal
Code, the consumer credit reporting agency shall promptly and
permanently block reporting any information that the consumer alleges
appears on his or her credit report as a result of a violation of
Section 530.5 of the Penal Code so that the information cannot be
reported.  The consumer credit reporting agency shall promptly notify
the furnisher of the information that the information has been so
blocked.  Furnishers of information and consumer credit reporting
agencies shall ensure that information is unblocked only upon a
preponderance of the evidence establishing the facts required under
paragraph (1), (2), or (3). The permanently blocked information shall
be unblocked only if:  (1) the information was blocked due to fraud,
or (2) the consumer agrees that the blocked information, or portions
of the blocked information, were blocked in error, or (3) the
consumer knowingly obtained possession of goods, services, or moneys
as a result of the blocked transaction or transactions or the
consumer should have known that he or she obtained possession of
goods, services, or moneys as a result of the blocked transaction or
transactions. If blocked information is unblocked pursuant to this
subdivision, the consumer shall be promptly notified in the same
manner as consumers are notified of the reinsertion of information
pursuant to subdivision (c).  The prior presence of the blocked
information in the consumer credit reporting agency's file on the
consumer is not evidence of whether the consumer knew or should have
known that he or she obtained possession of any goods, services, or
moneys.  For the purposes of this subdivision, fraud may be
demonstrated  by circumstantial evidence.  In unblocking information
pursuant to this subdivision, furnishers and consumer credit
reporting agencies shall be subject to their respective requirements
pursuant to this title regarding the completeness and accuracy of
information.



1785.16.  (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 consumer credit reporting
agency by the consumer or user on behalf of the consumer, the
consumer credit reporting agency shall within a reasonable period of
time and without charge, reinvestigate and record the current status
of the disputed information before the end of the 30-business-day
period beginning on the date the agency receives notice of the
dispute from the consumer or user, unless the consumer credit
reporting agency has reasonable grounds to believe and determines
that the dispute by the consumer is frivolous or irrelevant,
including by reason of a failure of the consumer to provide
sufficient information, as requested by the consumer credit reporting
agency, to investigate the dispute.  Unless the consumer credit
reporting agency determines that the dispute is frivolous or
irrelevant, before the end of the five-business-day period beginning
on the date the consumer credit reporting agency receives notice of
dispute under this section, the agency shall notify any person who
provided information in dispute at the address and in the manner
specified by the person.  A consumer credit reporting agency may
require that disputes by consumers be in writing.
   (b) In conducting that reinvestigation the consumer credit
reporting agency shall review and consider all relevant information
submitted by the consumer with respect to the disputed item of
information.  If the consumer credit reporting agency determines that
the dispute is frivolous or irrelevant, it shall notify the consumer
by mail or, if authorized by the consumer for that purpose, by any
other means available to the consumer credit reporting agency, within
five business days after that determination is made that it is
terminating its reinvestigation of the item of information.  In this
notification, the consumer credit reporting agency shall state the
specific reasons why it has determined that the consumer's dispute is
frivolous or irrelevant.  If the disputed item of information is
found to be inaccurate, missing, or can no longer be verified by the
evidence submitted, the consumer credit reporting agency shall
promptly add, correct, or delete that information from the consumer's
file.
   (c) No information may be reinserted in a consumer's file after
having been deleted pursuant to this section unless the person who
furnished the information certifies that the information is accurate.
  If any information deleted from a consumer's file is reinserted in
the file, the consumer credit 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
consumer credit reporting agency.  As part of, or in addition to,
this notice the consumer credit reporting agency shall, within five
business days of reinserting the information, provide the consumer in
writing (1) a statement that the disputed information has been
reinserted, (2) a notice that the agency will provide to the
consumer, within 15 days following a request, the name, address, and
telephone number of any furnisher of information contacted or which
contacted the consumer credit reporting agency in connection with the
reinsertion, (3) the toll-free telephone number of the consumer
credit reporting agency that the consumer can use to obtain this
name, address, and telephone number, and (4) a notice that the
consumer has the right to a reinvestigation of the information
reinserted by the consumer credit reporting agency and to add a
statement to his or her file disputing the accuracy or completeness
of the information.
   (d) A consumer credit reporting agency shall provide written
notice to the consumer of the results of any reinvestigation under
this subdivision, within five days of completion of the
reinvestigation.  The notice shall include (1) a statement that the
reinvestigation is completed, (2) a consumer credit 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 consumer credit report as a result of those revisions to
the consumer's file and a description of any changes made or sought
by the consumer that were not made and an explanation why they were
not made, (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 consumer credit 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, (6) a
notice that the consumer has the right to request that the consumer
credit reporting agency furnish notifications under subdivision (h),
(7) a notice that the dispute will remain on file with the agency as
long as the credit information is used, and (8) a statement about the
details of the dispute will be furnished to any recipient as long as
the credit information is retained in the agency's data base.  A
consumer credit reporting agency shall provide the notice pursuant to
this subdivision respecting the procedure used to determine the
accuracy and completeness of information, not later than 15 days
after receiving a request from the consumer.
   (e) 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.
   (f) If the consumer credit 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
consumer's file pursuant to subdivision (c), the consumer may file a
brief statement setting forth the nature of the dispute.  The
consumer credit reporting agency may limit these statements to not
more than 100 words if it provides the consumer with assistance in
writing a clear summary of the dispute.
   (g) Whenever a statement of dispute is filed, the consumer credit
reporting agency shall, in any subsequent consumer credit report
containing the information in question, clearly note that the
information is disputed by the consumer and shall include in the
report either the consumer's statement or a clear and accurate
summary thereof.
   (h) Following the deletion of information from a consumer's file
pursuant to this section, or following the filing of a statement of
dispute pursuant to subdivision (f), the consumer credit reporting
agency, at the request of the consumer, shall 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 (f).  This notification shall be
furnished to any person designated by the consumer who has, within
two years prior to the deletion or the filing of the dispute,
received a consumer credit report concerning the consumer for
employment purposes, or who has, within 12 months of the deletion or
the filing of the dispute, received a consumer credit report
concerning the consumer for any other purpose, if these consumer
credit reports contained the deleted or disputed information.  The
consumer credit reporting agency shall clearly and conspicuously
disclose to the consumer his or her rights to make a request for this
notification.  The disclosure shall be made at or prior to the time
the information is deleted pursuant to this section or the consumer's
statement regarding the disputed information is received pursuant to
subdivision (f).
   (i) A consumer credit reporting agency shall maintain reasonable
procedures to prevent the reappearance in a consumer's file and in
consumer credit reports of information that has been deleted pursuant
to this section and not reinserted pursuant to subdivision (c).
   (j) If the consumer's dispute is resolved by deletion of the
disputed information within three business days, beginning with the
day the consumer credit reporting agency receives notice of the
dispute in accordance with subdivision (a), and provided that
verification thereof is provided to the consumer in writing within
five business days following the deletion, then the consumer credit
reporting agency shall be exempt from requirements for further action
under subdivisions (d), (f), and (g).
   (k) If a consumer submits to a credit reporting agency a copy of a
valid police report filed pursuant to Section 530.5 of the Penal
Code, the consumer credit reporting agency shall promptly and
permanently block reporting any information that the consumer alleges
appears on his or her credit report as a result of a violation of
Section 530.5 of the Penal Code so that the information cannot be
reported.  The consumer credit reporting agency shall promptly notify
the furnisher of the information that the information has been so
blocked.  Furnishers of information and consumer credit reporting
agencies shall ensure that information is unblocked only upon a
preponderance of the evidence establishing the facts required under
paragraph (1), (2), or (3).  The permanently blocked information
shall be unblocked only if:  (1) the information was blocked due to
fraud, or (2) the consumer agrees that the blocked information, or
portions of the blocked information, were blocked in error, or (3)
the consumer knowingly obtained possession of goods, services, or
moneys as a result of the blocked transaction or transactions or the
consumer should have known that he or she obtained possession of
goods, services, or moneys as a result of the blocked transaction or
transactions.  If blocked information is unblocked pursuant to this
subdivision, the consumer shall be promptly notified in the same
manner as consumers are notified of the reinsertion of information
pursuant to subdivision (c).  The prior presence of the blocked
information in the consumer credit reporting agency's file on the
consumer is not evidence of whether the consumer knew or should have
known that he or she obtained possession of any goods, services, or
moneys.  For the purposes of this subdivision, fraud may be
demonstrated by circumstantial evidence.  In unblocking information
pursuant to this subdivision, furnishers and consumer credit
reporting agencies shall be subject to their respective requirements
pursuant to this title regarding the completeness and accuracy of
information.
   (l) Any provision in a contract that prohibits the disclosure of a
credit score by a person who makes or arranges loans or a consumer
credit reporting agency is void.  A lender shall not have liability
under any contractual provision for disclosure of a credit score.



1785.17.  (a) Except as otherwise provided, a consumer credit
reporting agency may impose a reasonable charge upon a consumer, as
follows:
   (1) For making a disclosure pursuant to Section 1785.10 or
1785.15, the consumer credit reporting agency may charge a fee not
exceeding eight dollars ($8).
   (2) For furnishing a notification, statement, or summary, to any
person pursuant to subdivision (h) of Section 1785.16, the consumer
credit reporting agency may charge a fee not exceeding the charge
that it would impose on each designated recipient for a consumer
credit report, and the amount of the charge shall be indicated to the
consumer before furnishing the notification, statement, or summary.

   (b) A consumer credit reporting agency shall make all disclosures
pursuant to Sections 1785.10 and 1785.15 and furnish all consumer
reports pursuant to  Section 1785.16 without charge, if requested by
the consumer within 60 days after receipt by the consumer of a
notification of adverse action pursuant to Section 1785.20 or of a
notification from a debt collection agency affiliated with the
consumer credit reporting agency stating that the consumer's credit
rating may be or has been adversely affected.
   (c) A consumer credit reporting agency shall not impose any charge
for (1) providing notice to a consumer required under Section
1785.16 or (2) notifying a person pursuant to subdivision (h) of
Section 1785.16 of the deletion of any information which is found to
be inaccurate or which can no longer be verified, if the consumer
designates that person to the consumer credit reporting agency before
the end of the 30-day period beginning on that date of notice under
subdivision (d) of Section 1785.16.



1785.18.  (a) Each consumer credit reporting agency which compiles
and reports items  of information concerning consumers which are
matters of public record, shall specify in any report containing
public record information the source from which that information was
obtained, including the particular court, if there be such, and the
date that  the information was initially reported or publicized.
   (b) A consumer credit reporting agency which furnishes a consumer
credit report for employment purposes, and which for that purpose
compiles and reports 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 ensure 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.
   (c) No consumer credit reporting agency which furnishes a consumer
credit report for employment purposes shall report information on
the age, marital status, race, color, or creed of any consumer.



1785.19.  (a)  In addition to any other remedy provided by law, a
consumer may bring an action for a civil penalty, not to exceed two
thousand five hundred dollars ($2,500), against any of the following:

   (1) A person who knowingly and willfully obtains access to a file
other than as provided in Section 1785.11.
   (2) Any person who knowingly and willfully obtains data from a
file other than as provided in Section 1785.11.
   (3) A person who uses the data received from a file  in a manner
contrary to an agreement with the consumer credit reporting agency.
   Such an action may also be brought by the person or entity
responsible for the file accessed.  This remedy is in addition to any
other remedy which may exist.
   (b) If a plaintiff prevails in an action under subdivision (a) he
or she shall be awarded the civil penalty, costs, and reasonable
attorney fees.



1785.19.5.  Every consumer credit reporting agency, upon written
request and the furnishing of sufficient identification to identify
the consumer and the subject file, shall create reasonable procedures
to prevent a consumer credit report or information from a consumer's
file from being provided to any third party for marketing purposes
or for any offer of credit not requested by the consumer.  This
section does not apply to the use of information by a credit grantor
for purposes related to an existing credit relationship.

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