BILL NUMBER: AB 2185	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Bradford

                        FEBRUARY 18, 2010

   An act to amend Section 1786.22 of the Civil Code, relating to
consumer information.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2185, as introduced, Bradford. Investigative consumer reporting
agencies.
   Existing law requires every investigative consumer reporting
agency to allow a consumer, upon request and proper identification,
to visually inspect all files maintained regarding the consumer at
the time of the request. The agency is required to supply the files
and specified information during normal business hours and on
reasonable notice, as provided, and to provide trained personnel to
explain any information furnished to the consumer.
   This bill would make technical, nonsubstantive changes to these
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 1786.22 of the Civil Code is amended to read:
   1786.22.  (a) An investigative consumer reporting agency shall
supply files and information required under Section 1786.10 during
normal business hours and on reasonable notice.
   (b) Files maintained on a consumer shall be made available for the
consumer's visual inspection, as follows:
   (1) In person, if  he   the consumer 
appears in person and furnishes proper identification. A copy of his
 or her  file shall also be available to the consumer for a
fee not to exceed the actual costs of  the  duplication
services provided.
   (2) By certified mail, if he  or she  makes a written
request, with proper identification, for copies to be sent to a
specified addressee. Investigative consumer reporting agencies
complying with requests for certified mailings under this section
shall not be liable for disclosures to third parties caused by
mishandling of mail after  such   those 
mailings leave the investigative consumer reporting agencies.
   (3) A summary of all information contained in files on a consumer
and required to be provided by Section 1786.10 shall be provided by
telephone, if the consumer has made a written request, with proper
identification for telephone disclosure, and the toll charge, if any,
for the telephone call is prepaid by or charged directly to the
consumer.
   (c) The term "proper  identification"  
identification,"  as used in subdivision (b)  shall mean
  , means  that information generally deemed
sufficient to identify a person.  Such   That
 information includes documents such as a valid driver's
license, social security account number, military identification
card, and credit cards. Only if the consumer is unable to reasonably
identify himself  or herself  with the information described
above, may an investigative consumer reporting agency require
additional information concerning the consumer's employment and
personal or family history in order to verify his  or her 
identity.
   (d) The investigative consumer reporting agency shall provide
trained personnel to explain  to the consumer  any
information furnished  him   to the consumer
 pursuant to Section 1786.10.
   (e) The investigative consumer reporting agency shall provide a
written explanation of any coded information contained in files
maintained on a consumer. This written explanation shall be
distributed whenever a file is provided to a consumer for visual
inspection as required under Section 1786.22.
   (f) The consumer shall be permitted to be accompanied by one other
person of his  or her  choosing, who shall furnish
reasonable identification. An investigative consumer reporting agency
may require the consumer to furnish a written statement granting
permission to the consumer reporting agency to discuss the consumer's
file in such   that other  person's
presence.