Blog

 
     

California Amends Laws Relating to the Release of Consumer Credit Reports

By Michael Klazema on 10/4/2013

Governor Brown approved new legislation on October 1, 2013, affecting the release of consumer credit reports to consumers. Assembly Bill 1220 adds Section 1785.10.1 to the California Civil Code. The new law allows a consumer greater access to a consumer credit report, and allows for civil penalties for violations.

Effective January 1, 2014, it will be unlawful for a consumer credit reporting agency to prohibit, dissuade, or attempt to dissuade a user of a consumer credit report from providing a consumer credit report if the user of the report has taken adverse action against the consumer based in whole or in part upon the information in the report. If adverse action is taken against a consumer based on a consumer credit report, the user of the report may provide the consumer with a copy of the credit report when requested by the consumer. In these situations, a consumer credit reporting agency may not prevent the user from complying with the consumer’s request for a copy of the report.

The law also authorizes the Attorney General, among others, to bring civil action for a civil penalty not to exceed $5,000 against any credit reporting agency for a violation of the law.

A copy of Assembly Bill 1220 is available here: http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_1201-1250/ab_1220_bill_20130930_chaptered.pdf


Tag Cloud
Categories
Recent Posts

Latest News

  • May 18 In search of more personnel and considering normalization, some major employers have elected to drop pre-employment drug screens for marijuana. As the opioid epidemic continues, there is still a role for workplace drug tests.
  • May 15

    A Congressional IT contractor who is facing bank fraud, a class-action lawsuit, and allegations of cyber breach never underwent a background check. Congressional guidelines recommend background screenings but have a loophole that makes it possible to skip them.


  • May 10 Are SSN background checks essential, or even necessary? We look at what Social Security Number data can and cannot do in the background check process.
  • May 10

    In the wake of an attack in which the perpetrator used a rental vehicle to strike pedestrians, and with a growing number of such attacks around the world in recent years, rental companies must consider how to address the issue. Effective security measures have proven difficult to implement.


  • May 08 Some statistics suggest employers aren’t running international background checks. In a job market where foreign candidates are increasingly common, this oversight can be dangerous.
  • May 03

    Despite player numbers in the millions, the primary sanctioning body for youth soccer in the United States established no standard policy requiring background checks. They face legal jeopardy due to the actions of abusive coaches. 


  • May 03 Are you applying for a job with Starbucks? Here’s what to expect from the background check process.
  • May 02 — Further restrictions have been placed on employers that inquire about prior criminal records. Timeframes have been adjusted and asking about expunged records is prohibited. 
  • May 01 Uber is expanding its background check policies. Going forward, the company will incorporate repeat background checks and ongoing criminal monitoring into its driver screening processes.
  • April 28 Airport background checks are governed by the TSA and FAA. They typically include employment history checks, criminal history searches, and a few other elements.