Investigative Consumer Reporting AgenciesRemedies
Section § 1786.50
If a company that creates or uses investigative consumer reports breaks the rules outlined in this law, they must pay the affected consumer for any actual damages or a minimum of $10,000, whichever is higher. If the consumer wins the case, the company will also cover legal costs and reasonable attorney's fees. If the violation was intentional or extremely careless, the court might add extra punitive damages. However, if the mistake results in a report that's better for the consumer, the company won't be held liable.
Section § 1786.52
This law says that if you believe an investigative consumer reporting agency or someone who uses such a report has invaded your privacy or defamed you, it doesn’t stop you from suing them. You can take legal action within two years of when you find out about the issue. If you’re already suing them under another federal law (Sections 1681n or 1681o of Title 15), you can’t start a new lawsuit for the same reason under this state law. Also, if there’s a final judgment in the federal case, you can’t sue them for the same issue under this state law again.
Section § 1786.53
This law outlines the obligations of anyone who collects and shares information about a person's character or personal history for job purposes without using a consumer reporting agency. First, if you gather this info and it's part of the public record, you must give a copy to the person involved within seven days. This applies to records like arrests or convictions. On job applications, there must be a checkbox for the applicant to waive their right to get this info, although even if they waive this right, they must receive a copy if the info is used against them in a job decision. If the information is gathered due to a suspicion of wrongdoing, you can withhold it until the investigation concludes, but then you must provide it if not waived. You're not required to give the same information to a person more than once.
Section § 1786.54
This law states that certain consumer report rules don't apply to reports focused only on public records about land and land titles. It also doesn't apply to reports needed for title insurance policies or records that give legal notice about land matters.
Section § 1786.55
This law states that it does not change existing laws on how employers or employment agencies obtain information without using an investigative consumer reporting agency. This includes checking work references, doing background investigations, verifying credentials, or investigating employees. It also doesn't affect laws about private communications between attorneys and their clients or any attorney-prepared documents unless specified otherwise.
Section § 1786.56
This section basically says that if a part of this act is found to be invalid or doesn't work in a specific situation, that doesn't mess up the whole act. Other parts of the act that can still work without the invalid part will continue to be valid. This idea is called 'severability,' meaning the act's parts can be separated so the rest can still function.
Section § 1786.57
You cannot give up your rights under this law, even if you want to. Such agreements are not valid or enforceable.
Section § 1786.60
This law says that before July 1, 2004, banks or other financial institutions were allowed to include a person's social security number on any account statement or document they mailed to the person. This was okay if the social security number was part of a transaction through certain automated clearing house networks, like those set by the National Automated Clearing House Association or a federal government entity.