BILL NUMBER: AB 2564	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Nestande

                        FEBRUARY 21, 2014

   An act to amend Section 1785.10 of the Civil Code, relating to
consumer credit reporting.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2564, as introduced, Nestande. Consumer credit reporting
agencies.
   The Consumer Credit Reporting Agencies Act requires every consumer
credit reporting agency, upon request and proper identification of
any consumer, to allow the consumer to visually inspect all files
maintained regarding that consumer at the time of the request. The
act requires every consumer reporting agency, upon contact by a
consumer regarding information which may be contained in the agency
files regarding that consumer, to inform the consumer of specified
rights and agency obligations.
   This bill would make technical, nonsubstantives changes to those
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1785.10 of the Civil Code is amended to read:
   1785.10.  (a) Every consumer credit reporting agency 
shall  , upon request and proper identification of any
consumer,  shall  allow the consumer to visually inspect all
files maintained regarding that consumer at the time of the request.

   (b)  (1)    Every consumer  credit 
reporting agency, upon contact by a consumer by telephone, mail, or
in person regarding information which may be contained in the agency
files regarding that consumer, shall promptly advise the consumer of
his or her rights under Sections 1785.11.8, 1785.19, and 1785.19.5,
and of the obligation of the agency to provide disclosure of the
files in person, by mail, or by telephone pursuant to Section
1785.15, including the obligation of the agency to provide a decoded
written version of the file or a written copy of the file with an
explanation of any code, including any credit score used, and the key
factors, as defined in Section 1785.15.1, if the consumer so
requests that copy. The disclosure shall be provided in the manner
selected by the consumer, chosen from among any reasonable means
available to the consumer credit reporting agency. 
    The 
    (2)     The  agency shall determine
the applicability of subdivision  (1)   (a)
 of Section 1785.17 and, where applicable, the agency shall
inform the consumer of the rights under that section.
   (c) All information on a consumer in the files of a consumer
credit reporting agency at the time of a request for inspection under
subdivision (a), shall be available for inspection, including the
names, addresses and, if provided by the sources of information, the
telephone numbers identified for customer service for the sources of
information.
   (d) (1) The consumer credit reporting agency shall also disclose
the recipients of any consumer credit report on the consumer which
the consumer credit reporting agency has furnished:
   (A) For employment purposes within the two-year period preceding
the request.
   (B) For any other purpose within the 12-month period preceding the
request.
   (2) Disclosure of recipients of consumer credit reports for
purposes of this subdivision shall include the name of the recipient
or, if applicable, the fictitious business name under which the
recipient does business disclosed in full. The identification shall
also include the address and, if provided by the recipient, the
telephone number identified for customer service for the recipient.
   (e) The consumer credit reporting agency shall also disclose a
record of all inquiries received by the agency in the 12-month period
preceding the request that identified the consumer in connection
with a credit transaction which is not initiated by the consumer.
This record of inquiries shall include the name, address and, if
provided by the recipient, the telephone number identified for
customer service for each recipient making an inquiry.
   (f) Any consumer credit reporting agency when it is subject to the
provisions of Section 1785.22 is exempted from the requirements of
subdivisions (c), (d), and (e), only with regard to the provision of
the address and telephone number.
   (g) Any consumer credit reporting agency, that provides a consumer
credit report to another consumer credit reporting agency that
procures the consumer credit report for the purpose of resale and is
subject to Section 1785.22, is exempted from the requirements of
subdivisions (d) and (e), only with regard to the provision of the
address and telephone number regarding each prospective user to which
the consumer credit report was sold.
   (h) This section shall become operative on January 1, 2003.