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 any person furnishing information to the consumer credit reporting agency to correct any information that the consumer believes to be inaccurate. The person upon whom the written demand is made shall acknowledge the demand within 30 days. The consumer may require the consumer credit reporting agency to indicate on any subsequent reports issued during the dispute that the item or items of information
are in dispute. If upon investigation the information is found to be inaccurate or incorrect, the consumer may require the consumer credit reporting agency to delete or correct the item or items of information within a reasonable time. If within 90 days the consumer credit reporting agency does not receive any information from the person requested to furnish the same or any communication relative to this information from this person, the consumer credit reporting agency shall delete the information from the report.
Consumer Credit Reporting Agencies ActRemedies
Section § 1785.30
This law explains what you can do if a credit report has mistakes. After a credit investigation, if you think there's wrong info, you can write to whoever gave that info to the credit agency and ask for a correction. They have to reply within 30 days. While it's being sorted, you can ask the credit agency to note that the info is disputed. If the info turns out to be wrong, you can ask them to fix it. If the agency doesn't hear back from the info provider in 90 days, they need to delete the info from your report.
consumer credit report dispute reinvestigation results written demand
Section § 1785.31
This law allows consumers in California to sue if someone violates certain consumer protection rules and they suffer damage as a result. If the harm was due to negligence, they can recover costs, lost wages, and attorney’s fees, and sometimes pain and suffering. If the violation was deliberate, they may also receive punitive damages. Consumers can also sue if someone improperly gets their credit report, with a minimum of $2,500 in damages. The court may grant other forms of relief and consider additional factors if it’s a class action. If a consumer only wants to stop a violation, they can get a court order without pursuing other remedies. The law also provides for court costs and attorney’s fees, but if a suit against a debt collector is not in good faith, the collector can recover their fees.
(a)CA Civil Law Code § 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 that person to recover the following:
(1)CA Civil Law Code § 1785.31(a)(1) In the case of a negligent violation, actual damages, including court costs, loss of wages, attorney’s fees and, when applicable, pain and suffering.
(2)CA Civil Law Code § 1785.31(a)(2) In the case of a willful violation:
(A)CA Civil Law Code § 1785.31(a)(2)(A) Actual damages as set forth in paragraph (1) above:
(B)CA Civil Law Code § 1785.31(a)(2)(B) Punitive damages of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000) for each violation as the court deems proper;
(C)CA Civil Law Code § 1785.31(a)(2)(C) Any other relief that the court deems proper.
(3)CA Civil Law Code § 1785.31(a)(3) In the case of liability of a natural person for obtaining a consumer credit report under false pretenses or knowingly without a permissible purpose, an award of actual damages pursuant to paragraph (1) or subparagraph (A) of paragraph (2) shall be in an amount of not less than two thousand five hundred dollars ($2,500).
(b)CA Civil Law Code § 1785.31(b) Injunctive relief shall be available to any consumer aggrieved by a violation or a threatened violation of
this title whether or not the consumer seeks any other remedy under this section.
(c)CA Civil Law Code § 1785.31(c) Notwithstanding any other provision of this section, any person who willfully violates any requirement imposed under this title may be liable for punitive damages in the case of a class action, in an amount that the court may allow. In determining the amount of award in any class action, the court shall consider among relevant factors the amount of any actual damages awarded, the frequency of the violations, the resources of the violator and the number of persons adversely affected.
(d)CA Civil Law Code § 1785.31(d) Except as provided in subdivision (e), the prevailing plaintiffs in any action commenced under this section shall be entitled to recover court costs and reasonable attorney’s fees.
(e)CA Civil Law Code § 1785.31(e) If a plaintiff brings an action pursuant to this section against
a debt collector, as defined in subdivision (c) of Section 1788.2, and the basis for the action is related to the collection of a debt, whether issues relating to the debt collection are raised in the same or another proceeding, the debt collector shall be entitled to recover reasonable attorney’s fees upon a finding by the court that the action was not brought in good faith.
(f)CA Civil Law Code § 1785.31(f) If a plaintiff only seeks and obtains injunctive relief to compel compliance with this title, court costs and attorney’s fees shall be awarded pursuant to Section 1021.5 of the Code of Civil Procedure.
(g)CA Civil Law Code § 1785.31(g) Nothing in this section is intended to affect remedies available under Section 128.5 of the Code of Civil Procedure.
consumer damages negligent violation willful violation
Section § 1785.32
This law says that consumers can’t sue credit reporting agencies or companies that provide information to them for defamation, invasion of privacy, or negligence when it comes to reporting information, unless the information was false and given with the intention to harm the consumer.
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 respect to the reporting of information against any consumer reporting agency, any user of information, or any person who furnishes information to a consumer reporting agency, based on information disclosed pursuant to Section 1785.10, 1785.15 or 1785.20 of this title, except as to false information furnished with malice or willful intent to injure such consumer.
defamation invasion of privacy negligence
Section § 1785.33
If someone wants to sue for a violation under this chapter, they generally have two years from when they found out about it, but not more than seven years from when the issue first occurred. However, if the defendant deliberately lied about important information they were supposed to share with the consumer, the consumer has two years to sue from when they discovered the lie, no matter how long it's been.
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 the plaintiff knew of, or should have known of, the violation of this title, but not more than seven years from the earliest date on which liability could have arisen, except that where a defendant has materially and willfully misrepresented any information required under this chapter to be disclosed to a consumer and the information so misrepresented is material to the establishment of the
defendant’s liability to the consumer under this chapter, the action may be brought at any time within two years after the discovery by the consumer of the misrepresentation.
liability enforcement court jurisdiction statute of limitations
Section § 1785.34
This law says that if a consumer credit reporting agency or someone using consumer information is already being sued under federal laws for the same issue, they can't be sued for it again under a specific California law. Additionally, if there's a final judgment in the federal case against them, it prevents anyone from bringing another lawsuit for the same issue under this California chapter.
(a)CA Civil Law Code § 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 States Code is pending shall not be subject to suit for the same act or omission under Section 1785.31.
(b)CA Civil Law Code § 1785.34(b) The entry of a final judgment against a consumer credit 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
chapter.
consumer credit reporting agency user of information pending action
Section § 1785.35
This law section states that rules about consumer credit reports don't apply to reports or people focused specifically on public records about land and land titles.
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 does not apply to any person whose records and files are maintained for the primary purpose of reporting those portions of the public records that impart constructive notice under the law of matters relating to land and land titles.
consumer credit report public records land titles
Section § 1785.36
In California, you can't give up your rights under this specific law because doing so goes against public policy, and any agreement that tries to make you waive these rights won't hold up in court.
Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable.
waiver public policy void agreements
