SECTIONS 1786.50-1786.60 - California Statutes

CIVIL CODE

SECTION 1786.50-1786.60

1786.50. (a) An investigative consumer reporting agency or user of
information that fails to comply with any requirement under this
title with respect to an investigative consumer report is liable to
the consumer who is the subject of the report in an amount equal to
the sum of all the following:
(1) Any actual damages sustained by the consumer as a result of
the failure or, except in the case of class actions, ten thousand
dollars ($10,000), whichever sum is greater.
(2) In the case of any successful action to enforce any liability
under this chapter, the costs of the action together with reasonable
attorney's fees as determined by the court.
(b) If the court determines that the violation was grossly
negligent or willful, the court may, in addition, assess, and the
consumer may recover, punitive damages.
(c) Notwithstanding subdivision (a), an investigative consumer
reporting agency or user of information that fails to comply with any
requirement under this title with respect to an investigative
consumer report shall not be liable to a consumer who is the subject
of the report where the failure to comply results in a more favorable
investigative consumer report than if there had not been a failure
to comply.

1786.52. Nothing in this chapter shall in any way affect the right
of any consumer to maintain an action against an investigative
consumer reporting agency, a user of an investigative consumer
report, or an informant for invasion of privacy or defamation.
An action to enforce any liability created under this title may be
brought in any appropriate court of competent jurisdiction within
two years from the date of discovery.
(a) Any investigative consumer reporting agency or user of
information against whom an action brought pursuant to Section 1681n
or 1681o of Title 15 of the United States Code is pending shall not
be subject to suit for the same act or omission under Section
1786.50.
(b) The entry of a final judgment against the investigative
consumer reporting agency or user of information in an action brought
pursuant to the provisions of Section 1681n or 1681o of Title 15 of
the United States Code shall be a bar to the maintenance of any
action based on the same act or omission which might be brought under
this title.

1786.53. (a) Any person who collects, assembles, evaluates,
compiles, reports, transmits, transfers, or communicates information
on a consumer's character, general reputation, personnel
characteristics, or mode of living, for employment purposes, which
are matters of public record, and does not use the services of an
investigative consumer reporting agency, shall provide that
information to the consumer pursuant to subdivision (b). For purposes
of this section:
(1) "Adverse action," as relating to employment, means a denial of
employment or any decision made for an employment purpose that
adversely affects any current or prospective employee.
(2) The term "person" does not include an agency subject to the
Information Practices Act of 1977 (Chapter 1 (commencing with Section
1798) of Title 1.8).
(3) "Public records" means records documenting an arrest,
indictment, conviction, civil judicial action, tax lien, or
outstanding judgment.
(b) (1) Any person described in subdivision (a), or any person who
receives information pursuant to subdivision (a), shall provide a
copy of the related public record to the consumer within seven days
after receipt of the information, regardless of whether the
information is received in a written or oral form.
(2) Any person shall provide on any job application form, or any
other written form, a box that, if checked by the consumer, permits
the consumer to waive his or her right to receive a copy of any
public record obtained pursuant to this section.
(3) If any person obtains a public record pursuant to this section
for the purpose of conducting an investigation for suspicion of
wrongdoing or misconduct by the subject of the investigation, the
person may withhold the information until the completion of the
investigation. Upon completion, the person shall provide a copy of
the public record pursuant to paragraph (1), unless the consumer
waived his or her rights pursuant to paragraph (2).
(4) If any person takes any adverse action as a result of
receiving information pursuant to subdivision (a), the person shall
provide to the consumer a copy of the public record, regardless of
whether the consumer waived his or her rights pursuant to paragraph
(2).
(c) Nothing in subdivision (a) or (b) requires any person to
provide the same information to any consumer on more than one
occasion.

1786.54. This title does not apply to any investigative consumer
report which by its terms is limited to disclosures from public
records relating to land and land titles or which is a report issued
preliminary to the issuance of a policy of title insurance, and it
does not apply to any person whose records are maintained for the
primary purpose of reporting those portions of public records which
impart constructive notice under the law of matters relating to land
and land titles and which may be issued as the basis for the issuance
of a policy of title insurance.

1786.55. Nothing in this chapter is intended to modify Section
1198.5 of the Labor Code or existing law concerning information
obtained by an employer or employment agency without the use of the
services of an investigative consumer reporting agency for employment
reference checks, background investigations, credential
verifications, or employee investigations, except as provided in
Section 1786.53. Nothing in this chapter is intended to change or
supersede existing law related to privileged attorney-client
communications or attorney work product, or require the production or
disclosure of that information.

1786.56. If any provision of this act or the application thereof to
any person or circumstances is held invalid, such invalidity shall
not affect other provisions or applications of the act which can be
given effect without the invalid provision or application, and to
this end the provisions of this act are severable.

1786.57. Any waiver of the provisions of this title is contrary to
public policy, and is void and unenforceable.

1786.60. Notwithstanding subdivision (a) of Section 1798.85, prior
to July 1, 2004, any financial institution may print the social
security number of an individual on any account statement or similar
document mailed to that individual, if the social security number is
provided in connection with a transaction governed by the rules of
the National Automated Clearing House Association, or a transaction
initiated by a federal governmental entity through an automated
clearing house network.