Consumer LoansDisclosure of Loan Applications

Section § 22470

Explanation

If you've been a victim of identity theft and have a police report, you can ask a finance lender for copies of any loan application forms where your personal info was used unlawfully. The lender must tell you what info was used and provide the copies for free within 10 business days. They may ask you to confirm your identity and show the police report.

If you're allowing a law enforcement officer to get these copies on your behalf, the lender might need a written permission from you, specifying which agency can see the documents and for how long. You can withdraw this permission at any time. "Law enforcement officer" here refers to a peace officer.

(a)Copy CA Financial Code § 22470(a)
(1)Copy CA Financial Code § 22470(a)(1) Upon the request of a person who has obtained a police report pursuant to Section 530.6 of the Penal Code, a finance lender engaged in the business of making consumer loans shall provide to the person, or to a law enforcement officer specified by the person, copies of all application forms or application information containing the person’s name, address, or other identifying information pertaining to the application filed with the finance lender by an unauthorized person in violation of Section 530.5 of the Penal Code.
(2)CA Financial Code § 22470(a)(2) Before providing copies pursuant to paragraph (1), the finance lender shall inform the requesting person of the categories of identifying information that the unauthorized person used to complete the application, and shall require the requesting person to provide identifying information in those categories and a copy of the police report.
(3)CA Financial Code § 22470(a)(3) The finance lender shall provide copies of all forms and information required by this section, without charge, within 10 business days of receipt of the person’s request and submission of the required copy of the police report and identifying information.
(b)Copy CA Financial Code § 22470(b)
(1)Copy CA Financial Code § 22470(b)(1) Before a finance lender provides copies to a law enforcement officer pursuant to paragraph (1) of subdivision (a), the finance lender may require the requesting person to provide them with a signed and dated statement by which the person does all of the following:
(A)CA Financial Code § 22470(b)(1)(A) Authorizes disclosure for a stated period.
(B)CA Financial Code § 22470(b)(1)(B) Specifies the name of the agency or department to which the disclosure is authorized.
(C)CA Financial Code § 22470(b)(1)(C) Identifies the type of records that the person authorizes to be disclosed.
(2)CA Financial Code § 22470(b)(2) The finance lender shall include in the statement to be signed by the requesting person a notice that the person has the right at any time to revoke the authorization.
(c)CA Financial Code § 22470(c) As used in this section, “law enforcement officer” means a peace officer as defined by Section 830.1 of the Penal Code.
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