California Legislature—2013–14 Regular Session

Assembly Bill No. 2564

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 begin delete shall end delete ,
upon request and proper identification of any consumer, begin insert shall end insert allow
the consumer to visually inspect all files maintained regarding that
consumer at the time of the request.

(b)  begin insert (1) end insert begin insert   end insert Every consumer begin insert credit end insert 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.

begin delete

The

end delete

begin insert (2) end insert begin insert   end insert begin insert The end insert agency shall determine the applicability of subdivision
begin delete (1) end delete begin insert (a) end insert 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.