BlackletterCalifornia law

TITLE 1.6. CONSUMER CREDIT REPORTING AGENCIES ACT

Title 1.6 repealed and added by Stats. 1975, Ch. 1271.

§§ 1785.1–1785.36 · 55 sections

  1. CHAPTER 1. General Provisions §§ 1785.1–1785.6 · 6 sections
    • § 1785.1 The Legislature finds and declares as follows: (a) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit…
    • § 1785.2 This act may be referred to as the Consumer Credit Reporting Agencies Act.
    • § 1785.3 The following terms as used in this title have the meaning expressed in this section: (a) “Adverse action” means a denial or revocation of credit, a change in…
    • § 1785.4 Nothing in this title shall apply to any person licensed pursuant to the provisions of Chapter 11 (commencing with Section 7500) of Division 3 of the Business…
    • § 1785.5 Any person who, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling, evaluating,…
    • § 1785.6 The notices and disclosures to consumers provided for in this title shall be required to be made only to those consumers who have a mailing address in…
  2. CHAPTER 2. Obligations of Consumer Credit Reporting Agencies §§ 1785.10–1785.19.5 · 28 sections
    • § 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…
    • § 1785.10.1 (a) It is unlawful for a consumer credit reporting agency to prohibit in any manner, including, but not limited to, in the terms of a contract enforceable in…
    • § 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…
    • § 1785.11.1 (a) A consumer may elect to place a security alert in his or her credit report by making a request in writing or by telephone to a consumer credit reporting…
    • § 1785.11.2 (a) A consumer may elect to place a security freeze on his or her credit report by making a request in writing by mail to a consumer credit reporting agency.…
    • § 1785.11.3 (a) If a security freeze is in place, a consumer credit reporting agency shall not change any of the following official information in a consumer credit report…
    • § 1785.11.4 The provisions of Sections 1785.11.1, 1785.11.2, and 1785.11.3 do not apply to a consumer credit reporting agency that acts only as a reseller of credit…
    • § 1785.11.6 The following entities are not required to place in a credit report either a security alert, pursuant to Section 1785.11.1, or a security freeze, pursuant to…
    • § 1785.11.8 A consumer may elect that his or her name shall be removed from any list that a consumer credit reporting agency furnishes for credit card solicitations, by…
    • § 1785.11.9 For purposes of Sections 1785.11.10 and 1785.11.11, the following terms shall have the following meanings: (a) “Protected consumer” means an individual who is…
    • § 1785.11.10 Sections 1785.11.9 to 1785.11.11, inclusive, do not apply to the use of a protected consumer’s consumer credit report or record by any of the following: (a) A…
    • § 1785.11.11 (a) (1) A consumer credit reporting agency shall place a security freeze for a protected consumer if both of the following occur: (A) The consumer credit…
    • § 1785.12 (a) Notwithstanding the provisions of Section 1785.11, a consumer credit reporting agency may furnish to a governmental agency a consumer’s name, address,…
    • § 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…
    • § 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…
    • § 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…
    • § 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.…
    • § 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…
    • § 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…
    • § 1785.15.3 (a) In addition to any other rights the consumer may have under this title, every consumer credit reporting agency, after being contacted by telephone, mail,…
    • § 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…
    • § 1785.16.1 A consumer credit reporting agency shall delete from a consumer credit report inquiries for credit reports based upon credit requests that the consumer credit…
    • § 1785.16.2 (a) No creditor may sell a consumer debt to a debt collector, as defined in 15 U.S.C. Sec. 1692a, if the consumer is a victim of identity theft, as defined in…
    • § 1785.16.3 The provisions of subdivisions (k) and (l) of Section 1785.16 do not apply to a consumer reporting agency that acts only as a reseller of credit information by…
    • § 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…
    • § 1785.18 (a) Each consumer credit reporting agency which compiles and reports items of information concerning consumers which are matters of public record, shall…
    • § 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…
    • § 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,…
  3. CHAPTER 3. Requirements on Users of Consumer Credit Reports §§ 1785.20–1785.22 · 9 sections
    • § 1785.20 (a) If any person takes any adverse action with respect to any consumer, and the adverse action is based, in whole or in part, on any information contained in…
    • § 1785.20.1 (a) Except as provided in subdivision (b), any person who uses a consumer credit report in connection with any credit transaction not initiated by the consumer…
    • § 1785.20.2 Any person who makes or arranges loans and who uses a consumer credit score as defined in Section 1785.15.1 in connection with an application initiated or…
    • § 1785.20.3 (a) Any person who uses a consumer credit report in connection with the approval of credit based on an application for an extension of credit, and who…
    • § 1785.20.4 A housing provider, tenant screening company, or other entity that evaluates tenants on behalf of a housing provider shall not use an alleged COVID-19 rental…
    • § 1785.20.5 (a) Prior to requesting a consumer credit report for employment purposes, the user of the report shall provide written notice to the person involved. The…
    • § 1785.20.6 A person who uses a consumer credit report in connection with a credit transaction shall not use a medical debt listed on the report as a negative factor when…
    • § 1785.21 (a) A user in its discretion may notify the consumer that upon request the user may contact the consumer reporting agency and request that the consumer…
    • § 1785.22 (a) A person may not procure a consumer credit report for the purpose of reselling the report or any information therein unless the person discloses to the…
  4. CHAPTER 3.5. Obligations of Furnishers of Credit Information §§ 1785.25–1785.27 · 3 sections
    • § 1785.25 (a) A person shall not furnish information on a specific transaction or experience to any consumer credit reporting agency if the person knows or should know…
    • § 1785.26 (a) As used in this section: (1) “Creditor” includes an agent or assignee of a creditor, including an agent engaged in administering or collecting the…
    • § 1785.27 (a) A person shall not furnish information regarding a medical debt to a consumer credit reporting agency. (b) A medical debt is void and unenforceable if a…
  5. CHAPTER 3.6. Escrow Agent Rating Service §§ 1785.28–1785.28.6 · 2 sections
    • § 1785.28 (a) For the purposes of this section, the following definitions shall apply: (1) Escrow means any transaction in which one person, for the purpose of effecting…
    • § 1785.28.6 This chapter shall remain in effect only until January 1, 2027, and as of that date is repealed.
  6. CHAPTER 4. Remedies §§ 1785.30–1785.36 · 7 sections
    • § 1785.30 Upon notification of the results of a consumer credit reporting agency’s reinvestigation pursuant to Section 1785.16, a consumer may make a written demand on…
    • § 1785.31 (a) Any consumer who suffers damages as a result of a violation of this title by any person may bring an action in a court of appropriate jurisdiction against…
    • § 1785.32 Except as provided in Section 1785.31, no consumer may bring any action or proceeding in the nature of defamation, invasion of privacy or negligence with…
    • § 1785.33 An action to enforce any liability created under this chapter may be brought in any appropriate court of competent jurisdiction within two years from the date…
    • § 1785.34 (a) Any consumer credit reporting agency or user of information against whom an action brought pursuant to Section 1681n or 1681o of Title 15 of the United…
    • § 1785.35 This title does not apply to any consumer credit report that by its terms is limited to disclosures from public records relating to land and land titles and…
    • § 1785.36 Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable.