Section § 1786.50

Explanation

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.

(a)CA Civil Law Code § 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)CA Civil Law Code § 1786.50(a)(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)CA Civil Law Code § 1786.50(a)(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)CA Civil Law Code § 1786.50(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)CA Civil Law Code § 1786.50(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.

Section § 1786.52

Explanation

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.

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)CA Civil Law Code § 1786.52(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)CA Civil Law Code § 1786.52(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.

Section § 1786.53

Explanation

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.

(a)CA Civil Law Code § 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)CA Civil Law Code § 1786.53(a)(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)CA Civil Law Code § 1786.53(a)(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)CA Civil Law Code § 1786.53(a)(3) “Public records” means records documenting an arrest, indictment, conviction, civil judicial action, tax lien, or outstanding judgment.
(b)Copy CA Civil Law Code § 1786.53(b)
(1)Copy CA Civil Law Code § 1786.53(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)CA Civil Law Code § 1786.53(b)(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)CA Civil Law Code § 1786.53(b)(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)CA Civil Law Code § 1786.53(b)(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)CA Civil Law Code § 1786.53(c) Nothing in subdivision (a) or (b) requires any person to provide the same information to any consumer on more than one occasion.

Section § 1786.54

Explanation

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.

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.

Section § 1786.55

Explanation

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.

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.

Section § 1786.56

Explanation

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.

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.

Section § 1786.57

Explanation

You cannot give up your rights under this law, even if you want to. Such agreements are not valid or enforceable.

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

Section § 1786.60

Explanation

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.

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.