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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


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