SB 1366, as introduced, Runner. Consumer credit reporting: violations: remedies.
Existing state and federal law regulate credit reporting agencies and prescribe the purposes for which a consumer credit report may be furnished by an agency. Existing law authorizes a consumer to bring an action for a civil penalty not to exceed $2,500 against a person who knowingly and willing accesses a file or file data in violation of the purposes for which a consumer credit report may be furnished.
This bill would increase the amount of the civil penalty, described above, to $250,000. The bill would also make technical and conforming changes.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1785.19 of the Civil Code is amended
2to read:
(a) In addition to any other remedy provided by law,
4a consumer may bring an action for a civil penalty, not to exceed
5twobegin delete thousand five hundredend deletebegin insert hundred and fifty thousandend insert dollars
6begin delete ($2,500),end deletebegin insert ($250,000)end insert against any of the following:
P2 1(1) A person who knowingly and willfully obtains access to a
2file other than as provided in Section 1785.11.
3(2) begin deleteAny end deletebegin insertA end insertperson who knowingly and willfully obtains data
4from a file other than as provided in Section 1785.11.
5(3) A person who uses the data received from a file in a manner
6contrary to an agreement with the consumer credit reporting
7agency.
8begin deleteSuch an end deletebegin insert(b)end insertbegin insert end insertbegin insertAn end insertactionbegin insert
as described in subdivision (a)end insert may also
9be brought by the person or entity responsible for the file accessed.
10This remedy is in addition to any other remedy which may exist.
11(b)
end delete
12begin insert(c)end insert If a plaintiff prevails in an action under subdivisionbegin delete (a)end deletebegin insert (a),end insert
13 he or she shall be awarded the civil penalty, costs, and reasonable
14attorney fees.
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