BILL ANALYSIS Ó
AB 1220
Page 1
ASSEMBLY THIRD READING
AB 1220 (Skinner)
As Amended May 20, 2013
Majority vote
BANKING & FINANCE 7-2 APPROPRIATIONS 12-0
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|Ayes:|Dickinson, Blumenfield, |Ayes:|Gatto, Bocanegra, Bradford, |
| |Bonta, Chau, Gatto, | | |
| |Torres, Weber | |Ian Calderon, Campos, |
| | | |Eggman, Gomez, Hall, |
| | | |Rendon, Pan, Quirk, Weber |
| | | | |
|-----+--------------------------+-----+----------------------------|
|Nays:|Morrell, Linder | | |
| | | | |
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SUMMARY : Specifies that it is unlawful for a consumer credit
reporting agency (CRA) to prohibit in any manner a user of a
consumer credit reporting from providing a copy of the report to the
consumer, upon the consumer's request, if the user has taken an
adverse action against the consumer based on information in the
report.
EXISTING LAW :
1)Regulates consumer CRAs via the Consumer Credit Reporting Agencies
Act. (Civil Code Section 1785.1 et seq. All further references
are to the Civil Code).
2)Defines consumer credit report as any written, oral, or other
communication of any information by a consumer CRA bearing on a
consumer's credit worthiness, credit standing, or credit capacity,
which is used or is expected to be used, or collected in whole or
in part, for the purpose of serving as a factor in establishing
the consumer's eligibility for: a) credit to be used primarily
for personal, family, or household purposes; b) employment
purposes; c) hiring of a dwelling unit, as defined in subdivision
(c) of Section 1940; or d) other purposes authorized in Section
1785.11. (Section 1785.3)
3)Requires that every CRA shall, upon request and proper
identification of any consumer, allow the consumer to visually
inspect all files maintained regarding that consumer at the time
AB 1220
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of the request. (Section 1785.10)
4)Specifies the circumstances under which a CRA shall furnish a
consumer credit report. (Section 1785.11)
5)Requires a user of a consumer credit report to provide written
notice of an adverse action to the consumer. (Section 1785.20)
FISCAL EFFECT : According to the Assembly Appropriations Committee,
negligible fiscal impact.
COMMENTS : AB 1220 builds on provisions contained in the Fair Credit
Reporting Act (FCRA), 15 United States Code Section 1681 et seq.
Section 607 (c) of FCRA provides that a CRA may not prohibit a user
from disclosing the contents of the report to the consumer if an
adverse action has taken place.
Analysis Prepared by : Mark Farouk / B. & F. / (916) 319-3081 FN:
0000578