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State2009 Statute Number2009 Statute Language 2010 Statute Number2010 Statute Language

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CaliforniaCal. Civil Code §1785.10. (a) Every consumer credit reporting agency shall, upon request and proper identification of any consumer, allow the consumer to visually inspect all files maintained regarding that consumer at the time of the request.

(b) Every consumer 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.

The agency shall determine the applicability of subdivision (1) 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.
Cal. Civil Code §1785.10. (a) Every consumer credit reporting agency shall, upon
request and proper identification of any consumer, allow the consumer
to visually inspect all files maintained regarding that consumer at
the time of the request.
(b) Every consumer 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.
The agency shall determine the applicability of subdivision (1) 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.

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Cal. Civil Code § 1785.11.
(a) A consumer credit reporting agency shall furnish a consumer credit report only under the following circumstances:

(1) In response to the order of a court having jurisdiction to issue an order.

(2) In accordance with the written instructions of the consumer to whom it relates.

(3) To a person whom it has reason to believe:

(A) Intends to use the information in connection with a credit transaction, or entering or enforcing an order of a court of competent jurisdiction for support, involving the consumer as to whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer; or

(B) Intends to use the information for employment purposes; or

(C) Intends to use the information in connection with the underwriting of insurance involving the consumer, or for insurance claims settlements; or

(D) Intends to use the information in connection with a determination of the consumer's eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider the applicant's financial responsibility or status; or

(E) Intends to use the information in connection with the hiring of a dwelling unit, as defined in subdivision (c) of Section 1940; or

(F) Otherwise has a legitimate business need for the information in connection with a business transaction involving the consumer.

(b) A consumer credit reporting agency may furnish information for purposes of a credit transaction specified in subparagraph (A) of paragraph (3) of subdivision (a), where it is a credit transaction that is not initiated by the consumer, only under the circumstances specified in paragraph (1) or (2), as follows:

(1) The consumer authorizes the consumer credit reporting agency to furnish the consumer credit report to the person.

(2) The proposed transaction involves a firm offer of credit to the consumer, the consumer credit reporting agency has complied with subdivision (d), and the consumer has not elected pursuant to paragraph (1) of subdivision (d) to have the consumer's name excluded from lists of names provided by the consumer credit reporting agency for purposes of reporting in connection with the potential issuance of firm offers of credit. A consumer credit reporting agency may provide only the following information pursuant to this paragraph:

(A) The name and address of the consumer.

(B) Information pertaining to a consumer that is not identified or identifiable with a particular consumer.

(c) Except as provided in paragraph (3) of subdivision (a) of Section 1785.15, a consumer credit reporting agency shall not furnish to any person a record of inquiries solely resulting from credit transactions that are not initiated by the consumer.

(d)

(1) A consumer may elect to have his or her name and address excluded from any list provided by a consumer credit reporting agency pursuant to paragraph (2) of subdivision (b) by notifying the consumer credit reporting agency, by telephone or in writing, through the notification system maintained by the consumer credit reporting agency pursuant to subdivision (e), that the consumer does not consent to any use of consumer credit reports relating to the consumer in connection with any transaction that is not initiated by the consumer.

(2) An election of a consumer under paragraph (1) shall be effective with respect to a consumer credit reporting agency, and any affiliate of the consumer credit reporting agency, on the date on which the consumer notifies the consumer credit reporting agency.

(3) An election of a consumer under paragraph (1) shall terminate and be of no force or effect following notice from the consumer to the consumer credit reporting agency, through the system established pursuant to subdivision (e), that the election is no longer effective.

(e) Each consumer credit reporting agency that furnishes a prequalifying report pursuant to subdivision (b) in connection with a credit transaction not initiated by the consumer shall establish and maintain a notification system, including a toll-free telephone number, that permits any consumer, with appropriate identification and for which the consumer credit reporting agency has a file, to notify the consumer credit reporting agency of the consumer's election to have the consumer's name removed from any list of names and addresses provided by the consumer credit reporting agency, and by any affiliated consumer credit reporting agency, pursuant to paragraph (2) of subdivision (b). Compliance with the requirements of this subdivision by a consumer credit reporting agency shall constitute compliance with those requirements by any affiliate of that consumer credit reporting agency.

(f) Each consumer credit reporting agency that compiles and maintains files on consumers on a nationwide basis shall establish and maintain a notification system under paragraph (1) of subdivision (e) jointly with its affiliated consumer credit reporting agencies.
Cal. Civil Code § 1785.11.(a) A consumer credit reporting agency shall furnish a
consumer credit report only under the following circumstances:
(1) In response to the order of a court having jurisdiction to
issue an order.
(2) In accordance with the written instructions of the consumer to
whom it relates.
(3) To a person whom it has reason to believe:
(A) Intends to use the information in connection with a credit
transaction, or entering or enforcing an order of a court of
competent jurisdiction for support, involving the consumer as to whom
the information is to be furnished and involving the extension of
credit to, or review or collection of an account of, the consumer; or
(B) Intends to use the information for employment purposes; or
(C) Intends to use the information in connection with the
underwriting of insurance involving the consumer, or for insurance
claims settlements; or
(D) Intends to use the information in connection with a
determination of the consumer's eligibility for a license or other
benefit granted by a governmental instrumentality required by law to
consider the applicant's financial responsibility or status; or
(E) Intends to use the information in connection with the hiring
of a dwelling unit, as defined in subdivision (c) of Section 1940; or
(F) Otherwise has a legitimate business need for the information
in connection with a business transaction involving the consumer.
(b) A consumer credit reporting agency may furnish information for
purposes of a credit transaction specified in subparagraph (A) of
paragraph (3) of subdivision (a), where it is a credit transaction
that is not initiated by the consumer, only under the circumstances
specified in paragraph (1) or (2), as follows:
(1) The consumer authorizes the consumer credit reporting agency
to furnish the consumer credit report to the person.
(2) The proposed transaction involves a firm offer of credit to
the consumer, the consumer credit reporting agency has complied with
subdivision (d), and the consumer has not elected pursuant to
paragraph (1) of subdivision (d) to have the consumer's name excluded
from lists of names provided by the consumer credit reporting agency
for purposes of reporting in connection with the potential issuance
of firm offers of credit. A consumer credit reporting agency may
provide only the following information pursuant to this paragraph:
(A) The name and address of the consumer.
(B) Information pertaining to a consumer that is not identified or
identifiable with a particular consumer.
(c) Except as provided in paragraph (3) of subdivision (a) of
Section 1785.15, a consumer credit reporting agency shall not furnish
to any person a record of inquiries solely resulting from credit
transactions that are not initiated by the consumer.
(d) (1) A consumer may elect to have his or her name and address
excluded from any list provided by a consumer credit reporting agency
pursuant to paragraph (2) of subdivision (b) by notifying the
consumer credit reporting agency, by telephone or in writing, through
the notification system maintained by the consumer credit reporting
agency pursuant to subdivision (e), that the consumer does not
consent to any use of consumer credit reports relating to the
consumer in connection with any transaction that is not initiated by
the consumer.
(2) An election of a consumer under paragraph (1) shall be
effective with respect to a consumer credit reporting agency, and any
affiliate of the consumer credit reporting agency, on the date on
which the consumer notifies the consumer credit reporting agency.
(3) An election of a consumer under paragraph (1) shall terminate
and be of no force or effect following notice from the consumer to
the consumer credit reporting agency, through the system established
pursuant to subdivision (e), that the election is no longer
effective.
(e) Each consumer credit reporting agency that furnishes a
prequalifying report pursuant to subdivision (b) in connection with a
credit transaction not initiated by the consumer shall establish and
maintain a notification system, including a toll-free telephone
number, that permits any consumer, with appropriate identification
and for which the consumer credit reporting agency has a file, to
notify the consumer credit reporting agency of the consumer's
election to have the consumer's name removed from any list of names
and addresses provided by the consumer credit reporting agency, and
by any affiliated consumer credit reporting agency, pursuant to
paragraph (2) of subdivision (b). Compliance with the requirements of
this subdivision by a consumer credit reporting agency shall
constitute compliance with those requirements by any affiliate of
that consumer credit reporting agency.
(f) Each consumer credit reporting agency that compiles and
maintains files on consumers on a nationwide basis shall establish
and maintain a notification system under paragraph (1) of subdivision
(e) jointly with its affiliated consumer credit reporting agencies.

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Cal. Civil Code § 1785.11.2. (a) A consumer may elect to place a security freeze on his or her credit report by making a request in writing by mail to a consumer credit reporting agency. "Security freeze" means a notice placed in a consumer's credit report, at the request of the consumer, and subject to certain exceptions, that prohibits the consumer credit reporting agency from releasing the consumer's credit report or any information from it without the express authorization of the consumer. If a security freeze is in place, information from a consumer's credit report may not be released to a third party without prior express authorization from the consumer. This subdivision does not prevent a consumer credit reporting agency from advising a third party that a security freeze is in effect with respect to the consumer's credit report.

(b) A consumer credit reporting agency shall place a security freeze on a consumer's credit report no later than three business days after receiving a written request from the consumer.

(c) The consumer credit reporting agency shall send a written confirmation of the security freeze to the consumer within 10 business days and shall provide the consumer with a unique personal identification number or password to be used by the consumer when providing authorization for the release of his or her credit for a specific party or period of time.

(d) If the consumer wishes to allow his or her credit report to be accessed for a specific party or period of time while a freeze is in place, he or she shall contact the consumer credit reporting agency, request that the freeze be temporarily lifted, and provide the following:

(1) Proper identification, as defined in subdivision (c) of Section 1785.15.

(2) The unique personal identification number or password provided by the credit reporting agency pursuant to subdivision (c).

(3) The proper information regarding the third party who is to receive the credit report or the time period for which the report shall be available to users of the credit report.

(e) A consumer credit reporting agency that receives a request from a consumer to temporarily lift a freeze on a credit report pursuant to subdivision (d) shall comply with the request no later than three business days after receiving the request.

(f) A consumer credit reporting agency may develop procedures involving the use of telephone, fax, the Internet, or other electronic media to receive and process a request from a consumer to temporarily lift a freeze on a credit report pursuant to subdivision (d) in an expedited manner.

(g) A consumer credit reporting agency shall remove or temporarily lift a freeze placed on a consumer's credit report only in the following cases:

(1) Upon consumer request, pursuant to subdivision (d) or (j).

(2) If the consumer's credit report was frozen due to a material misrepresentation of fact by the consumer. If a consumer credit reporting agency intends to remove a freeze upon a consumer's credit report pursuant to this paragraph, the consumer credit reporting agency shall notify the consumer in writing prior to removing the freeze on the consumer's credit report.

(h) A third party who requests access to a consumer credit report in connection with an application for credit or any other use may treat the application as incomplete if a security freeze is in effect and the consumer does not allow his or her credit report to be accessed for that specific party or period of time.

(i) If a consumer requests a security freeze, the consumer credit reporting agency shall disclose the process of placing and temporarily lifting a freeze and the process for allowing access to information from the consumer's credit report for a specific party or period of time while the freeze is in place.

(j) A security freeze shall remain in place until the consumer requests that the security freeze be removed. A consumer credit reporting agency shall remove a security freeze within three business days of receiving a request for removal from the consumer if the consumer provides both of the following:

(1) Proper identification, as defined in subdivision (c) of Section 1785.15.

(2) The unique personal identification number or password provided by the credit reporting agency pursuant to subdivision (c).

(k) A consumer credit reporting agency shall require proper identification, as defined in subdivision (c) of Section 1785.15, of the person making a request to place or remove a security freeze.

(l) The provisions of this section do not apply to the use of a consumer credit report by any of the following:

(1)

(A)

(i) A person or entity with which the consumer has or had, prior to any assignment, an account or contract, including a demand deposit account, or to which the consumer issued a negotiable instrument, for the purpose of reviewing the account or collecting the financial obligation owing for the account, contract, or negotiable instrument.

(ii) A subsidiary, affiliate, or agent of a person or entity described in clause (i), an assignee of a financial obligation owing by the consumer to such a person or entity, or a prospective assignee of a financial obligation owing by the consumer to such a person or entity in conjunction with the proposed purchase of the financial obligation, for the purpose of reviewing the account or collecting the financial obligation owing for the account, contract, or negotiable instrument.

(B) For purposes of this paragraph, "reviewing the account" includes activities related to account maintenance, monitoring, credit line increases, and account upgrades and enhancements.

(2) A subsidiary, affiliate, agent, assignee, or prospective assignee of a person to whom access has been granted under subdivision (d) for purposes of facilitating the extension of credit or other permissible use.

(3) Any state or local agency, law enforcement agency, trial court, or private collection agency acting pursuant to a court order, warrant, or subpoena.

(4) A child support agency acting pursuant to Chapter 2 (commencing with Section 17400) of Division 17 of the Family Code or Title IV-D of the Social Security Act (42 U.S.C. et seq.).

(5) The State Department of Health Care Services or its agents or assigns acting to investigate Medi-Cal fraud.

(6) The Franchise Tax Board or its agents or assigns acting to investigate or collect delinquent taxes or unpaid court orders or to fulfill any of its other statutory responsibilities.

(7) The use of credit information for the purposes of prescreening as provided for by the federal Fair Credit Reporting Act.

(8) Any person or entity administering a credit file monitoring subscription service to which the consumer has subscribed.

(9) Any person or entity for the purpose of providing a consumer with a copy of his or her credit report upon the consumer's request.

(m)

(1) Except as provided in paragraph (2), this title does not prevent a consumer credit reporting agency from charging a fee of no more than ten dollars ($10) to a consumer for the placement of each freeze, the removal of the freeze, the temporary lift of the freeze for a period of time, or the temporary lift of the freeze for a specific party, regarding access to a consumer credit report, except that a consumer credit reporting agency may not charge a fee to a victim of identity theft who has submitted a valid police report or valid Department of Motor Vehicles investigative report that alleges a violation of Section 530.5 of the Penal Code.

(2) With respect to a consumer who is 65 years of age or older and who has provided identification confirming his or her age, a consumer credit reporting agency may charge a fee not to exceed five dollars ($5) for the placement of each freeze, the removal of the freeze, the temporary lift of the freeze for a period of time, or the temporary lift of the freeze for a specific party.

(n) Regardless of the existence of a security freeze, a consumer reporting agency may disclose public record information lawfully obtained by, or for, the consumer reporting agency from an open public record to the extent otherwise permitted by law. This subdivision does not prohibit a consumer reporting agency from electing to apply a valid security freeze to the entire contents of a credit report.
Cal. Civil Code § 1785.11.2. (a) A consumer may elect to place a security freeze on
his or her credit report by making a request in writing by mail to a
consumer credit reporting agency. "Security freeze" means a notice
placed in a consumer's credit report, at the request of the consumer,
and subject to certain exceptions, that prohibits the consumer
credit reporting agency from releasing the consumer's credit report
or any information from it without the express authorization of the
consumer. If a security freeze is in place, information from a
consumer's credit report may not be released to a third party without
prior express authorization from the consumer. This subdivision does
not prevent a consumer credit reporting agency from advising a third
party that a security freeze is in effect with respect to the
consumer's credit report.
(b) A consumer credit reporting agency shall place a security
freeze on a consumer's credit report no later than three business
days after receiving a written request from the consumer.
(c) The consumer credit reporting agency shall send a written
confirmation of the security freeze to the consumer within 10
business days and shall provide the consumer with a unique personal
identification number or password to be used by the consumer when
providing authorization for the release of his or her credit for a
specific party or period of time.
(d) If the consumer wishes to allow his or her credit report to be
accessed for a specific party or period of time while a freeze is in
place, he or she shall contact the consumer credit reporting agency,
request that the freeze be temporarily lifted, and provide the
following:
(1) Proper identification, as defined in subdivision (c) of
Section 1785.15.
(2) The unique personal identification number or password provided
by the credit reporting agency pursuant to subdivision (c).
(3) The proper information regarding the third party who is to
receive the credit report or the time period for which the report
shall be available to users of the credit report.
(e) A consumer credit reporting agency that receives a request
from a consumer to temporarily lift a freeze on a credit report
pursuant to subdivision (d) shall comply with the request no later
than three business days after receiving the request.
(f) A consumer credit reporting agency may develop procedures
involving the use of telephone, fax, the Internet, or other
electronic media to receive and process a request from a consumer to
temporarily lift a freeze on a credit report pursuant to subdivision
(d) in an expedited manner.
(g) A consumer credit reporting agency shall remove or temporarily
lift a freeze placed on a consumer's credit report only in the
following cases:
(1) Upon consumer request, pursuant to subdivision (d) or (j).
(2) If the consumer's credit report was frozen due to a material
misrepresentation of fact by the consumer. If a consumer credit
reporting agency intends to remove a freeze upon a consumer's credit
report pursuant to this paragraph, the consumer credit reporting
agency shall notify the consumer in writing prior to removing the
freeze on the consumer's credit report.
(h) A third party who requests access to a consumer credit report
in connection with an application for credit or any other use may
treat the application as incomplete if a security freeze is in effect
and the consumer does not allow his or her credit report to be
accessed for that specific party or period of time.
(i) If a consumer requests a security freeze, the consumer credit
reporting agency shall disclose the process of placing and
temporarily lifting a freeze and the process for allowing access to
information from the consumer's credit report for a specific party or
period of time while the freeze is in place.
(j) A security freeze shall remain in place until the consumer
requests that the security freeze be removed. A consumer credit
reporting agency shall remove a security freeze within three business
days of receiving a request for removal from the consumer if the
consumer provides both of the following:
(1) Proper identification, as defined in subdivision (c) of
Section 1785.15.
(2) The unique personal identification number or password provided
by the credit reporting agency pursuant to subdivision (c).
(k) A consumer credit reporting agency shall require proper
identification, as defined in subdivision (c) of Section 1785.15, of
the person making a request to place or remove a security freeze.
(l) The provisions of this section do not apply to the use of a
consumer credit report by any of the following:
(1) (A) (i) A person or entity with which the consumer has or had,
prior to any assignment, an account or contract, including a demand
deposit account, or to which the consumer issued a negotiable
instrument, for the purpose of reviewing the account or collecting
the financial obligation owing for the account, contract, or
negotiable instrument.
(ii) A subsidiary, affiliate, or agent of a person or entity
described in clause (i), an assignee of a financial obligation owing
by the consumer to such a person or entity, or a prospective assignee
of a financial obligation owing by the consumer to such a person or
entity in conjunction with the proposed purchase of the financial
obligation, for the purpose of reviewing the account or collecting
the financial obligation owing for the account, contract, or
negotiable instrument.
(B) For purposes of this paragraph, "reviewing the account"
includes activities related to account maintenance, monitoring,
credit line increases, and account upgrades and enhancements.
(2) A subsidiary, affiliate, agent, assignee, or prospective
assignee of a person to whom access has been granted under
subdivision (d) for purposes of facilitating the extension of credit
or other permissible use.
(3) Any state or local agency, law enforcement agency, trial
court, or private collection agency acting pursuant to a court order,
warrant, or subpoena.
(4) A child support agency acting pursuant to Chapter 2
(commencing with Section 17400) of Division 17 of the Family Code or
Title IV-D of the Social Security Act (42 U.S.C. et seq.).
(5) The State Department of Health Care Services or its agents or
assigns acting to investigate Medi-Cal fraud.
(6) The Franchise Tax Board or its agents or assigns acting to
investigate or collect delinquent taxes or unpaid court orders or to
fulfill any of its other statutory responsibilities.
(7) The use of credit information for the purposes of prescreening
as provided for by the federal Fair Credit Reporting Act.
(8) Any person or entity administering a credit file monitoring
subscription service to which the consumer has subscribed.
(9) Any person or entity for the purpose of providing a consumer
with a copy of his or her credit report upon the consumer's request.
(m) (1) Except as provided in paragraph (2), this title does not
prevent a consumer credit reporting agency from charging a fee of no
more than ten dollars ($10) to a consumer for the placement of each
freeze, the removal of the freeze, the temporary lift of the freeze
for a period of time, or the temporary lift of the freeze for a
specific party, regarding access to a consumer credit report, except
that a consumer credit reporting agency may not charge a fee to a
victim of identity theft who has submitted a valid police report or
valid Department of Motor Vehicles investigative report that alleges
a violation of Section 530.5 of the Penal Code.
(2) With respect to a consumer who is 65 years of age or older and
who has provided identification confirming his or her age, a
consumer credit reporting agency may charge a fee not to exceed five
dollars ($5) for the placement of each freeze, the removal of the
freeze, the temporary lift of the freeze for a period of time, or the
temporary lift of the freeze for a specific party.
(n) Regardless of the existence of a security freeze, a consumer
reporting agency may disclose public record information lawfully
obtained by, or for, the consumer reporting agency from an open
public record to the extent otherwise permitted by law. This
subdivision does not prohibit a consumer reporting agency from
electing to apply a valid security freeze to the entire contents of a
credit report.

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Cal. Civil Code § 1785.11.3. (a) If a security freeze is in place, a consumer credit reporting agency shall not change any of the following official information in a consumer credit report without sending a written confirmation of the change to the consumer within 30 days of the change being posted to the consumer's file: name, date of birth, social security number, and address. Written confirmation is not required for technical modifications of a consumer's official information, including name and street abbreviations, complete spellings, or transposition of numbers or letters. In the case of an address change, the written confirmation shall be sent to both the new address and to the former address.

(b) If a consumer has placed a security alert, a consumer credit reporting agency shall provide the consumer, upon request, with a free copy of his or her credit report at the time the 90-day security alert period expires.
Cal. Civil Code § 1785.11.3. (a) If a security freeze is in place, a consumer credit
reporting agency shall not change any of the following official
information in a consumer credit report without sending a written
confirmation of the change to the consumer within 30 days of the
change being posted to the consumer's file: name, date of birth,
social security number, and address. Written confirmation is not
required for technical modifications of a consumer's official
information, including name and street abbreviations, complete
spellings, or transposition of numbers or letters. In the case of an
address change, the written confirmation shall be sent to both the
new address and to the former address.
(b) If a consumer has placed a security alert, a consumer credit
reporting agency shall provide the consumer, upon request, with a
free copy of his or her credit report at the time the 90-day security
alert period expires.

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Cal. Civil Code § 1785.11.4. The provisions of Sections 1785.11.1, 1785.11.2, and 1785.11.3 do not apply to a consumer credit reporting agency that acts only as a reseller of credit information pursuant to Section 1785.22 by assembling and merging information contained in the data base of another consumer credit reporting agency or multiple consumer credit reporting agencies, and does not maintain a permanent data base of credit information from which new consumer credit reports are produced. However, a consumer credit reporting agency acting pursuant to Section 1785.22 shall honor any security freeze placed on a consumer credit report by another consumer credit reporting agency.
Cal. Civil Code § 1785.11.4. The provisions of Sections 1785.11.1, 1785.11.2, and
1785.11.3 do not apply to a consumer credit reporting agency that
acts only as a reseller of credit information pursuant to Section
1785.22 by assembling and merging information contained in the data
base of another consumer credit reporting agency or multiple consumer
credit reporting agencies, and does not maintain a permanent data
base of credit information from which new consumer credit reports are
produced. However, a consumer credit reporting agency acting
pursuant to Section 1785.22 shall honor any security freeze placed on
a consumer credit report by another consumer credit reporting
agency.

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Cal. Civil Code § 1785.11.6.The following entities are not required to place in a credit report either a security alert, pursuant to Section 1785.11.1, or a security freeze, pursuant to Section 1785.11.2:

(a) A check services or fraud prevention services company, which issues reports on incidents of fraud or authorizations for the purpose of approving or processing negotiable instruments, electronic funds transfers, or similar methods of payments.

(b) A deposit account information service company, which issues reports regarding account closures due to fraud, substantial overdrafts, ATM abuse, or similar negative information regarding a consumer, to inquiring banks or other financial institutions for use only in reviewing a consumer request for a deposit account at the inquiring bank or financial institution.

Cal. Civil Code § 1785.11.6.The following entities are not required to place in a
credit report either a security alert, pursuant to Section 1785.11.1,
or a security freeze, pursuant to Section 1785.11.2:
(a) A check services or fraud prevention services company, which
issues reports on incidents of fraud or authorizations for the
purpose of approving or processing negotiable instruments, electronic
funds transfers, or similar methods of payments.
(b) A deposit account information service company, which issues
reports regarding account closures due to fraud, substantial
overdrafts, ATM abuse, or similar negative information regarding a
consumer, to inquiring banks or other financial institutions for use
only in reviewing a consumer request for a deposit account at the
inquiring bank or financial institution.

.

Cal. Civil Code § 1785.11.8.

A consumer may elect that his or her name shall be removed from any list that a consumer credit reporting agency furnishes for credit card solicitations, by notifying the consumer credit reporting agency, by telephone or in writing, pursuant to the notification system maintained by the consumer credit reporting agency pursuant to subdivision (d) of Section 1785.11. The election shall be effective for a minimum of two years, unless otherwise specified by the consumer.
1785.12. Notwithstanding the provisions of Section 1785.11, a consumer credit reporting agency may furnish to a governmental agency a consumer's name, address, former address, places of employment, or former places of employment.
Cal. Civil Code § 1785.11.8.A consumer may elect that his or her name shall be
removed from any list that a consumer credit reporting agency
furnishes for credit card solicitations, by notifying the consumer
credit reporting agency, by telephone or in writing, pursuant to the
notification system maintained by the consumer credit reporting
agency pursuant to subdivision (d) of Section 1785.11. The election
shall be effective for a minimum of two years, unless otherwise
specified by the consumer.



1785.12. Notwithstanding the provisions of Section 1785.11, a
consumer credit reporting agency may furnish to a governmental agency
a consumer's name, address, former address, places of employment, or
former places of employment.

.

Cal. Civil Code § 1785.13.
(a) No consumer credit reporting agency shall make any consumer credit report containing any of the following items of information:

(1) Bankruptcies that, from the date of the order for relief, antedate the report by more than 10 years.

(2) Suits and judgments that, from the date of entry or renewal, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period.

(3) Unlawful detainer actions, unless the lessor was the prevailing party. For purposes of this paragraph, the lessor shall be deemed to be the prevailing party only if (A) final judgment was awarded to the lessor (i) upon entry of the tenant's default, (ii) upon the granting of the lessor's motion for summary judgment, or (iii) following trial, or (B) the action was resolved by a written settlement agreement between the parties that states that the unlawful detainer action may be reported. In any other instance in which the action is resolved by settlement agreement, the lessor shall not be deemed to be the prevailing party for purposes of this paragraph.

(4) Paid tax liens that, from the date of payment, antedate the report by more than seven years.

(5) Accounts placed for collection or charged to profit and loss that antedate the report by more than seven years.

(6) Records of arrest, indictment, information, misdemeanor complaint, or conviction of a crime that, from the date of disposition, release, or parole, antedate the report by more than seven years. These items of information shall no longer be reported if at any time it is learned that in the case of a conviction a full pardon has been granted, or in the case of an arrest, indictment, information, or misdemeanor complaint a conviction did not result.

(7) Any other adverse information that antedates the report by more than seven years.

(b) The seven-year period specified in paragraphs (5) and (7) of subdivision (a) shall commence to run, with respect to any account that is placed for collection (internally or by referral to a third party, whichever is earlier), charged to profit and loss, or subjected to any similar action, upon the expiration of the 180-day period beginning on the date of the commencement of the delinquency that immediately preceded the collection activity, charge to profit and loss, or similar action. Where more than one of these actions is taken with respect to a particular account, the seven-year period specified in paragraphs (5) and (7) shall commence concurrently for all these actions on the date of the first of these actions.

(c) Any consumer credit reporting agency that furnishes a consumer credit report containing information regarding any case involving a consumer arising under the bankruptcy provisions of Title 11 of the United States Code shall include an identification of the chapter of Title 11 of the United States Code under which the case arose if that can be ascertained from what was provided to the consumer credit reporting agency by the source of the information.

(d) A consumer credit report shall not include any adverse information concerning a consumer antedating the report by more than 10 years or that otherwise is prohibited from being included in a consumer credit report.

(e) If a consumer credit reporting agency is notified by a furnisher of credit information that an open-end credit account of the consumer has been closed by the consumer, any consumer credit report thereafter issued by the consumer credit reporting agency with respect to that consumer, and that includes information respecting that account, shall indicate the fact that the consumer has closed the account. For purposes of this subdivision, "open-end credit account" does not include any demand deposit account, such as a checking account, money market account, or share draft account.

(f) Consumer credit reporting agencies shall not include medical information in their files on consumers or furnish medical information for employment, insurance, or credit purposes in a consumer credit report without the consent of the consumer.

(g) A consumer credit reporting agency shall include in any consumer credit report information, if any, on the failure of the consumer to pay overdue child or spousal support, where the information either was provided to the consumer credit reporting agency pursuant to Section 4752 or has been provided to the consumer credit reporting agency and verified by another federal, state, or local governmental agency.
Cal. Civil Code § 1785.13.(a) No consumer credit reporting agency shall make any
consumer credit report containing any of the following items of
information:
(1) Bankruptcies that, from the date of the order for relief,
antedate the report by more than 10 years.
(2) Suits and judgments that, from the date of entry or renewal,
antedate the report by more than seven years or until the governing
statute of limitations has expired, whichever is the longer period.
(3) Unlawful detainer actions, unless the lessor was the
prevailing party. For purposes of this paragraph, the lessor shall be
deemed to be the prevailing party only if (A) final judgment was
awarded to the lessor (i) upon entry of the tenant's default, (ii)
upon the granting of the lessor's motion for summary judgment, or
(iii) following trial, or (B) the action was resolved by a written
settlement agreement between the parties that states that the
unlawful detainer action may be reported. In any other instance in
which the action is resolved by settlement agreement, the lessor
shall not be deemed to be the prevailing party for purposes of this
paragraph.
(4) Paid tax liens that, from the date of payment, antedate the
report by more than seven years.
(5) Accounts placed for collection or charged to profit and loss
that antedate the report by more than seven years.
(6) Records of arrest, indictment, information, misdemeanor
complaint, or conviction of a crime that, from the date of
disposition, release, or parole, antedate the report by more than
seven years. These items of information shall no longer be reported
if at any time it is learned that in the case of a conviction a full
pardon has been granted, or in the case of an arrest, indictment,
information, or misdemeanor complaint a conviction did not result.
(7) Any other adverse information that antedates the report by
more than seven years.
(b) The seven-year period specified in paragraphs (5) and (7) of
subdivision (a) shall commence to run, with respect to any account
that is placed for collection (internally or by referral to a third
party, whichever is earlier), charged to profit and loss, or
subjected to any similar action, upon the expiration of the 180-day
period beginning on the date of the commencement of the delinquency
that immediately preceded the collection activity, charge to profit
and loss, or similar action. Where more than one of these actions is
taken with respect to a particular account, the seven-year period
specified in paragraphs (5) and (7) shall commence concurrently for
all these actions on the date of the first of these actions.
(c) Any consumer credit reporting agency that furnishes a consumer
credit report containing information regarding any case involving a
consumer arising under the bankruptcy provisions of Title 11 of the
United States Code shall include an identification of the chapter of
Title 11 of the United States Code under which the case arose if that
can be ascertained from what was provided to the consumer credit
reporting agency by the source of the information.
(d) A consumer credit report shall not include any adverse
information concerning a consumer antedating the report by more than
10 years or that otherwise is prohibited from being included in a
consumer credit report.
(e) If a consumer credit reporting agency is notified by a
furnisher of credit information that an open-end credit account of
the consumer has been closed by the consumer, any consumer credit
report thereafter issued by the consumer credit reporting agency with
respect to that consumer, and that includes information respecting
that account, shall indicate the fact that the consumer has closed
the account. For purposes of this subdivision, "open-end credit
account" does not include any demand deposit account, such as a
checking account, money market account, or share draft account.
(f) Consumer credit reporting agencies shall not include medical
information in their files on consumers or furnish medical
information for employment, insurance, or credit purposes in a
consumer credit report without the consent of the consumer.
(g) A consumer credit reporting agency shall include in any
consumer credit report information, if any, on the failure of the
consumer to pay overdue child or spousal support, where the
information either was provided to the consumer credit reporting
agency pursuant to Section 4752 or has been provided to the consumer
credit reporting agency and verified by another federal, state, or
local governmental agency.



.

Cal. Civil Code § 1785.135.No consumer credit reporting agency shall make any consumer credit report with respect to a document which acts as a lien or other encumbrance, including, but not limited to, a notice of lis pendens, but which has together with it a court order striking or releasing the lien or other encumbrance pursuant to Section 765.030 of the Code of Civil Procedure.Cal. Civil Code § 1785.135.No consumer credit reporting agency shall make any
consumer credit report with respect to a document which acts as a
lien or other encumbrance, including, but not limited to, a notice of
lis pendens, but which has together with it a court order striking
or releasing the lien or other encumbrance pursuant to Section
765.030 of the Code of Civil Procedure.

.

Cal. Civil Code § 1785.14.
(a) Every consumer credit reporting agency shall maintain reasonable procedures designed to avoid violations of Section 1785.13 and to limit furnishing of consumer credit reports to the purposes listed under Section 1785.11. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought and certify that the information will be used for no other purposes. From the effective date of this act the consumer credit reporting agency shall keep a record of the purposes as stated by the user. Every consumer credit reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by the prospective user prior to furnishing the user a consumer report. No consumer credit reporting agency may furnish a consumer credit report to any person unless the consumer credit reporting agency has reasonable grounds for believing that the consumer credit report will be used by the person for the purposes listed in Section 1785.11. A consumer credit reporting agency does not have reasonable grounds for believing that a consumer credit report will be used by the person for the purposes listed in Section 1785.11 unless all of the following requirements are met:

(1) If the prospective user is a retail seller, as defined in Section 1802.3, and intends to issue credit to a consumer who appears in person on the basis of an application for credit submitted in person, the consumer credit reporting agency shall, with a reasonable degree of certainty, match at least three categories of identifying information within the file maintained by the consumer credit reporting agency on the consumer with the information provided to the consumer credit reporting agency by the retail seller. The categories of identifying information may include, but are not limited to, first and last name, month and date of birth, driver's license number, place of employment, current residence address, previous residence address, or social security number. The categories of information shall not include mother's maiden name.

(2) If the prospective user is a retail seller, as defined in Section 1802.3, and intends to issue credit to a consumer who appears in person on the basis of an application for credit submitted in person, the retail seller certifies, in writing, to the consumer credit reporting agency that it instructs its employees and agents to inspect a photo identification of the consumer at the time the application was submitted in person. This paragraph does not apply to an application for credit submitted by mail.

(3) If the prospective user intends to extend credit by mail pursuant to a solicitation by mail, the extension of credit shall be mailed to the same address as on the solicitation unless the prospective user verifies any address change by, among other methods, contacting the person to whom the extension of credit will be mailed.

(b) Whenever a consumer credit reporting agency prepares a consumer credit report, it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. These reasonable procedures shall include, but not be limited to, permanent retention by the consumer credit reporting agency in the consumer's file, or a separately individualized file, of that portion of the data in the file that is used by the consumer credit reporting agency to identify the individual consumer pursuant to paragraph (1) of subdivision (a). This permanently retained data shall be available for use in either a reinvestigation pursuant to subdivision (a) of Section 1785.16, an investigation where the consumer has filed a police report pursuant to subdivision (k) of Section 1785.16, or a restoration of a file involving the consumer. If the permanently retained identifying information is retained in a consumer's file, it shall be clearly identified in the file in order for an individual who reviews the file to easily distinguish between the permanently stored identifying information and any other identifying information that may be a part of the file. This retention requirement shall not apply to data that is reported in error, that is obsolete, or that is found to be inaccurate through the results of a reinvestigation initiated by a consumer pursuant to subdivision (a) of Section 1785.16.

(c) No consumer credit reporting agency may prohibit any user of any consumer credit report furnished by the consumer credit reporting agency from disclosing the contents of the consumer credit report to the consumer who is the subject of the report if adverse action may be taken by the user based in whole or in part on the consumer credit report. The act of disclosure to the consumer by the user of the contents of a consumer credit report shall not be a basis for liability of the consumer credit reporting agency or the user under Section 1785.31.

(d) A consumer credit reporting agency shall provide a written notice to any person who regularly and in the ordinary course of business supplies information to the consumer credit reporting agency concerning any consumer or to whom a consumer credit report is provided by the consumer credit reporting agency. The notice shall specify the person's obligations under this title. Copies of the appropriate code sections shall satisfy the requirement of this subdivision.
Cal. Civil Code § 1785.14.(a) Every consumer credit reporting agency shall maintain
reasonable procedures designed to avoid violations of Section 1785.13
and to limit furnishing of consumer credit reports to the purposes
listed under Section 1785.11. These procedures shall require that
prospective users of the information identify themselves, certify the
purposes for which the information is sought and certify that the
information will be used for no other purposes. From the effective
date of this act the consumer credit reporting agency shall keep a
record of the purposes as stated by the user. Every consumer credit
reporting agency shall make a reasonable effort to verify the
identity of a new prospective user and the uses certified by the
prospective user prior to furnishing the user a consumer report. No
consumer credit reporting agency may furnish a consumer credit report
to any person unless the consumer credit reporting agency has
reasonable grounds for believing that the consumer credit report will
be used by the person for the purposes listed in Section 1785.11. A
consumer credit reporting agency does not have reasonable grounds for
believing that a consumer credit report will be used by the person
for the purposes listed in Section 1785.11 unless all of the
following requirements are met:
(1) If the prospective user is a retail seller, as defined in
Section 1802.3, and intends to issue credit to a consumer who appears
in person on the basis of an application for credit submitted in
person, the consumer credit reporting agency shall, with a reasonable
degree of certainty, match at least three categories of identifying
information within the file maintained by the consumer credit
reporting agency on the consumer with the information provided to the
consumer credit reporting agency by the retail seller. The
categories of identifying information may include, but are not
limited to, first and last name, month and date of birth, driver's
license number, place of employment, current residence address,
previous residence address, or social security number. The categories
of information shall not include mother's maiden name.
(2) If the prospective user is a retail seller, as defined in
Section 1802.3, and intends to issue credit to a consumer who appears
in person on the basis of an application for credit submitted in
person, the retail seller certifies, in writing, to the consumer
credit reporting agency that it instructs its employees and agents to
inspect a photo identification of the consumer at the time the
application was submitted in person. This paragraph does not apply to
an application for credit submitted by mail.
(3) If the prospective user intends to extend credit by mail
pursuant to a solicitation by mail, the extension of credit shall be
mailed to the same address as on the solicitation unless the
prospective user verifies any address change by, among other methods,
contacting the person to whom the extension of credit will be
mailed.
(b) Whenever a consumer credit reporting agency prepares a
consumer credit report, it shall follow reasonable procedures to
assure maximum possible accuracy of the information concerning the
individual about whom the report relates. These reasonable procedures
shall include, but not be limited to, permanent retention by the
consumer credit reporting agency in the consumer's file, or a
separately individualized file, of that portion of the data in the
file that is used by the consumer credit reporting agency to identify
the individual consumer pursuant to paragraph (1) of subdivision
(a). This permanently retained data shall be available for use in
either a reinvestigation pursuant to subdivision (a) of Section
1785.16, an investigation where the consumer has filed a police
report pursuant to subdivision (k) of Section 1785.16, or a
restoration of a file involving the consumer. If the permanently
retained identifying information is retained in a consumer's file, it
shall be clearly identified in the file in order for an individual
who reviews the file to easily distinguish between the permanently
stored identifying information and any other identifying information
that may be a part of the file. This retention requirement shall not
apply to data that is reported in error, that is obsolete, or that is
found to be inaccurate through the results of a reinvestigation
initiated by a consumer pursuant to subdivision (a) of Section
1785.16.
(c) No consumer credit reporting agency may prohibit any user of
any consumer credit report furnished by the consumer credit reporting
agency from disclosing the contents of the consumer credit report to
the consumer who is the subject of the report if adverse action may
be taken by the user based in whole or in part on the consumer credit
report. The act of disclosure to the consumer by the user of the
contents of a consumer credit report shall not be a basis for
liability of the consumer credit reporting agency or the user under
Section 1785.31.
(d) A consumer credit reporting agency shall provide a written
notice to any person who regularly and in the ordinary course of
business supplies information to the consumer credit reporting agency
concerning any consumer or to whom a consumer credit report is
provided by the consumer credit reporting agency. The notice shall
specify the person's obligations under this title. Copies of the
appropriate code sections shall satisfy the requirement of this
subdivision.

.

Cal. Civil Code § 1785.15.
(a) A consumer credit reporting agency shall supply files and information required under Section 1785.10 during normal business hours and on reasonable notice. In addition to the disclosure provided by this chapter and any disclosures received by the consumer, the consumer has the right to request and receive all of the following:

(1) Either a decoded written version of the file or a written copy of the file, including all information in the file at the time of the request, with an explanation of any code used.

(2) A credit score for the consumer, the key factors, and the related information, as defined in and required by Section 1785.15.1.

(3) A record of all inquiries, by recipient, that result in the provision of information concerning the consumer in connection with a credit transaction not initiated by the consumer and that were received by the consumer credit reporting agency in the 12-month period immediately preceding the request for disclosure under this section.

(4) The recipients, including end users specified in Section 1785.22, 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.

Identification for purposes of this paragraph shall include the name of the recipient or, if applicable, the fictitious business name under which the recipient does business disclosed in full. If requested by the consumer, the identification shall also include the address of the recipient.

(b) Files maintained on a consumer shall be disclosed promptly as follows:

(1) In person, at the location where the consumer credit reporting agency maintains the trained personnel required by subdivision (d), if he or she appears in person and furnishes proper identification.

(2) By mail, if the consumer makes a written request with proper identification for a copy of the file or a decoded written version of that file to be sent to the consumer at a specified address. A disclosure pursuant to this paragraph shall be deposited in the United States mail, postage prepaid, within five business days after the consumer's written request for the disclosure is received by the consumer credit reporting agency. Consumer credit reporting agencies complying with requests for mailings under this section shall not be liable for disclosures to third parties caused by mishandling of mail after the mailings leave the consumer credit reporting agencies.

(3) A summary of all information contained in files on a consumer and required to be provided by Section 1785.10 shall be provided by telephone, if the consumer has made a written request, with proper identification for telephone disclosure.

(4) Information in a consumer's file required to be provided in writing under this section may also be disclosed in another form if authorized by the consumer and if available from the consumer credit reporting agency. For this purpose, a consumer may request disclosure in person pursuant to Section 1785.10, by telephone upon disclosure of proper identification by the consumer, by electronic means if available from the consumer credit reporting agency, or by any other reasonable means that is available from the consumer credit reporting agency.

(c) "Proper identification," as used in subdivision (b) means that information generally deemed sufficient to identify a person. Only if the consumer is unable to reasonably identify himself or herself with the information described above may a consumer credit 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 consumer credit reporting agency shall provide trained personnel to explain to the consumer any information furnished him or her pursuant to Section 1785.10.

(e) The consumer shall be permitted to be accompanied by one other person of his or her choosing, who shall furnish reasonable identification. A consumer credit reporting agency may require the consumer to furnish a written statement granting permission to the consumer credit reporting agency to discuss the consumer's file in that person's presence.

(f) Any written disclosure by a consumer credit reporting agency to any consumer pursuant to this section shall include a written summary of all rights the consumer has under this title and, in the case of a consumer credit reporting agency that compiles and maintains consumer credit reports on a nationwide basis, a toll-free telephone number that the consumer can use to communicate with the consumer credit reporting agency. The written summary of rights required under this subdivision is sufficient if in substantially the following form:

"You have a right to obtain a copy of your credit file from a consumer credit reporting agency. You may be charged a reasonable fee not exceeding eight dollars ($8). There is no fee, however, if you have been turned down for credit, employment, insurance, or a rental dwelling because of information in your credit report within the preceding 60 days. The consumer credit reporting agency must provide someone to help you interpret the information in your credit file.

You have a right to dispute inaccurate information by contacting the consumer credit reporting agency directly. However, neither you nor any credit repair company or credit service organization has the right to have accurate, current, and verifiable information removed from your credit report. Under the Federal Fair Credit Reporting Act, the consumer credit reporting agency must remove accurate, negative information from your report only if it is over seven years old. Bankruptcy information can be reported for 10 years.

If you have notified a consumer credit reporting agency in writing that you dispute the accuracy of information in your file, the consumer credit reporting agency must then, within 30 business days, reinvestigate and modify or remove inaccurate information. The consumer credit reporting agency may not charge a fee for this service. Any pertinent information and copies of all documents you have concerning an error should be given to the consumer credit reporting agency.

If reinvestigation does not resolve the dispute to your satisfaction, you may send a brief statement to the consumer credit reporting agency to keep in your file, explaining why you think the record is inaccurate. The consumer credit reporting agency must include your statement about disputed information in a report it issues about you.

You have a right to receive a record of all inquiries relating to a credit transaction initiated in 12 months preceding your request. This record shall include the recipients of any consumer credit report.

You may request in writing that the information contained in your file not be provided to a third party for marketing purposes.

You have a right to place a "security alert" in your credit report, which will warn anyone who receives information in your credit report that your identity may have been used without your consent. Recipients of your credit report are required to take reasonable steps, including contacting you at the telephone number you may provide with your security alert, to verify your identity prior to lending money, extending credit, or completing the purchase, lease, or rental of goods or services. The security alert may prevent credit, loans, and services from being approved in your name without your consent. However, you should be aware that taking advantage of this right may delay or interfere with the timely approval of any subsequent request or application you make regarding a new loan, credit, mortgage, or cellular phone or other new account, including an extension of credit at point of sale. If you place a security alert on your credit report, you have a right to obtain a free copy of your credit report at the time the 90-day security alert period expires. A security alert may be requested by calling the following toll-free telephone number: (Insert applicable toll-free telephone number). California consumers also have the right to obtain a "security freeze."

You have a right to place a "security freeze" on your credit report, which will prohibit a consumer credit reporting agency from releasing any information in your credit report without your express authorization. A security freeze must be requested in writing by mail. The security freeze is designed to prevent credit, loans, and services from being approved in your name without your consent. However, you should be aware that using a security freeze to take control over who gets access to the personal and financial information in your credit report may delay, interfere with, or prohibit the timely approval of any subsequent request or application you make regarding a new loan, credit, mortgage, or cellular phone or other new account, including an extension of credit at point of sale. When you place a security freeze on your credit report, you will be provided a personal identification number or password to use if you choose to remove the freeze on your credit report or authorize the release of your credit report for a specific party or period of time after the freeze is in place. To provide that authorization you must contact the consumer credit reporting agency and provide all of the following:

(1) The personal identification number or password.

(2) Proper identification to verify your identity.

(3) The proper information regarding the third party who is to receive the credit report or the period of time for which the report shall be available to users of the credit report.

A consumer credit reporting agency must authorize the release of your credit report no later than three business days after receiving the above information.

A security freeze does not apply when you have an existing account and a copy of your report is requested by your existing creditor or its agents or affiliates for certain types of account review, collection, fraud control, or similar activities.

If you are actively seeking credit, you should understand that the procedures involved in lifting a security freeze may slow your application for credit. You should plan ahead and lift a freeze, either completely if you are shopping around, or specifically for a certain creditor, before applying for new credit.

A consumer credit reporting agency may not charge a fee to a consumer for placing or removing a security freeze if the consumer is a victim of identity theft and submits a copy of a valid police report or valid Department of Motor Vehicles investigative report. A person 65 years of age or older with proper identification may be charged a fee of no more than $5 for placing, lifting, or removing a security freeze. All other consumers may be charged a fee of no more than $10 for each of these steps.

You have a right to bring civil action against anyone, including a consumer credit reporting agency, who improperly obtains access to a file, knowingly or willfully misuses file data, or fails to correct inaccurate file data.

If you are a victim of identity theft and provide to a consumer credit reporting agency a copy of a valid police report or a valid investigative report made by a Department of Motor Vehicles investigator with peace officer status describing your circumstances, the following shall apply:

(1) You have a right to have any information you list on the report as allegedly fraudulent promptly blocked so that the information cannot be reported. The information will be unblocked only if (A) the information you provide is a material misrepresentation of the facts, (B) you agree that the information is blocked in error, or (C) you knowingly obtained possession of goods, services, or moneys as result of the blocked transactions. If blocked information is unblocked, you will be promptly notified.

(2) Beginning July 1, 2003, you have a right to receive, free of charge and upon request, one copy of your credit report each month for up to 12 consecutive months."
Cal. Civil Code § 1785.15.(a) A consumer credit reporting agency shall supply files
and information required under Section 1785.10 during normal business
hours and on reasonable notice. In addition to the disclosure
provided by this chapter and any disclosures received by the
consumer, the consumer has the right to request and receive all of
the following:
(1) Either a decoded written version of the file or a written copy
of the file, including all information in the file at the time of
the request, with an explanation of any code used.
(2) A credit score for the consumer, the key factors, and the
related information, as defined in and required by Section 1785.15.1.
(3) A record of all inquiries, by recipient, that result in the
provision of information concerning the consumer in connection with a
credit transaction not initiated by the consumer and that were
received by the consumer credit reporting agency in the 12-month
period immediately preceding the request for disclosure under this
section.
(4) The recipients, including end users specified in Section
1785.22, 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.
Identification for purposes of this paragraph shall include the
name of the recipient or, if applicable, the fictitious business name
under which the recipient does business disclosed in full. If
requested by the consumer, the identification shall also include the
address of the recipient.
(b) Files maintained on a consumer shall be disclosed promptly as
follows:
(1) In person, at the location where the consumer credit reporting
agency maintains the trained personnel required by subdivision (d),
if he or she appears in person and furnishes proper identification.
(2) By mail, if the consumer makes a written request with proper
identification for a copy of the file or a decoded written version of
that file to be sent to the consumer at a specified address. A
disclosure pursuant to this paragraph shall be deposited in the
United States mail, postage prepaid, within five business days after
the consumer's written request for the disclosure is received by the
consumer credit reporting agency. Consumer credit reporting agencies
complying with requests for mailings under this section shall not be
liable for disclosures to third parties caused by mishandling of mail
after the mailings leave the consumer credit reporting agencies.
(3) A summary of all information contained in files on a consumer
and required to be provided by Section 1785.10 shall be provided by
telephone, if the consumer has made a written request, with proper
identification for telephone disclosure.
(4) Information in a consumer's file required to be provided in
writing under this section may also be disclosed in another form if
authorized by the consumer and if available from the consumer credit
reporting agency. For this purpose, a consumer may request disclosure
in person pursuant to Section 1785.10, by telephone upon disclosure
of proper identification by the consumer, by electronic means if
available from the consumer credit reporting agency, or by any other
reasonable means that is available from the consumer credit reporting
agency.
(c) "Proper identification," as used in subdivision (b) means that
information generally deemed sufficient to identify a person. Only
if the consumer is unable to reasonably identify himself or herself
with the information described above may a consumer credit 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 consumer credit reporting agency shall provide trained
personnel to explain to the consumer any information furnished him or
her pursuant to Section 1785.10.
(e) The consumer shall be permitted to be accompanied by one other
person of his or her choosing, who shall furnish reasonable
identification. A consumer credit reporting agency may require the
consumer to furnish a written statement granting permission to the
consumer credit reporting agency to discuss the consumer's file in
that person's presence.
(f) Any written disclosure by a consumer credit reporting agency
to any consumer pursuant to this section shall include a written
summary of all rights the consumer has under this title and, in the
case of a consumer credit reporting agency that compiles and
maintains consumer credit reports on a nationwide basis, a toll-free
telephone number that the consumer can use to communicate with the
consumer credit reporting agency. The written summary of rights
required under this subdivision is sufficient if in substantially the
following form:
"You have a right to obtain a copy of your credit file from a
consumer credit reporting agency. You may be charged a reasonable fee
not exceeding eight dollars ($8). There is no fee, however, if you
have been turned down for credit, employment, insurance, or a rental
dwelling because of information in your credit report within the
preceding 60 days. The consumer credit reporting agency must provide
someone to help you interpret the information in your credit file.
You have a right to dispute inaccurate information by contacting
the consumer credit reporting agency directly. However, neither you
nor any credit repair company or credit service organization has the
right to have accurate, current, and verifiable information removed
from your credit report. Under the Federal Fair Credit Reporting Act,
the consumer credit reporting agency must remove accurate, negative
information from your report only if it is over seven years old.
Bankruptcy information can be reported for 10 years.
If you have notified a consumer credit reporting agency in writing
that you dispute the accuracy of information in your file, the
consumer credit reporting agency must then, within 30 business days,
reinvestigate and modify or remove inaccurate information. The
consumer credit reporting agency may not charge a fee for this
service. Any pertinent information and copies of all documents you
have concerning an error should be given to the consumer credit
reporting agency.
If reinvestigation does not resolve the dispute to your
satisfaction, you may send a brief statement to the consumer credit
reporting agency to keep in your file, explaining why you think the
record is inaccurate. The consumer credit reporting agency must
include your statement about disputed information in a report it
issues about you.
You have a right to receive a record of all inquiries relating to
a credit transaction initiated in 12 months preceding your request.
This record shall include the recipients of any consumer credit
report.
You may request in writing that the information contained in your
file not be provided to a third party for marketing purposes.
You have a right to place a "security alert" in your credit
report, which will warn anyone who receives information in your
credit report that your identity may have been used without your
consent. Recipients of your credit report are required to take
reasonable steps, including contacting you at the telephone number
you may provide with your security alert, to verify your identity
prior to lending money, extending credit, or completing the purchase,
lease, or rental of goods or services. The security alert may
prevent credit, loans, and services from being approved in your name
without your consent. However, you should be aware that taking
advantage of this right may delay or interfere with the timely
approval of any subsequent request or application you make regarding
a new loan, credit, mortgage, or cellular phone or other new account,
including an extension of credit at point of sale. If you place a
security alert on your credit report, you have a right to obtain a
free copy of your credit report at the time the 90-day security alert
period expires. A security alert may be requested by calling the
following toll-free telephone number: (Insert applicable toll-free
telephone number). California consumers also have the right to obtain
a "security freeze."
You have a right to place a "security freeze" on your credit
report, which will prohibit a consumer credit reporting agency from
releasing any information in your credit report without your express
authorization. A security freeze must be requested in writing by
mail. The security freeze is designed to prevent credit, loans, and
services from being approved in your name without your consent.
However, you should be aware that using a security freeze to take
control over who gets access to the personal and financial
information in your credit report may delay, interfere with, or
prohibit the timely approval of any subsequent request or application
you make regarding a new loan, credit, mortgage, or cellular phone
or other new account, including an extension of credit at point of
sale. When you place a security freeze on your credit report, you
will be provided a personal identification number or password to use
if you choose to remove the freeze on your credit report or authorize
the release of your credit report for a specific party or period of
time after the freeze is in place. To provide that authorization you
must contact the consumer credit reporting agency and provide all of
the following:
(1) The personal identification number or password.
(2) Proper identification to verify your identity.
(3) The proper information regarding the third party who is to
receive the credit report or the period of time for which the report
shall be available to users of the credit report.
A consumer credit reporting agency must authorize the release of
your credit report no later than three business days after receiving
the above information.
A security freeze does not apply when you have an existing account
and a copy of your report is requested by your existing creditor or
its agents or affiliates for certain types of account review,
collection, fraud control, or similar activities.
If you are actively seeking credit, you should understand that the
procedures involved in lifting a security freeze may slow your
application for credit. You should plan ahead and lift a freeze,
either completely if you are shopping around, or specifically for a
certain creditor, before applying for new credit.
A consumer credit reporting agency may not charge a fee to a
consumer for placing or removing a security freeze if the consumer is
a victim of identity theft and submits a copy of a valid police
report or valid Department of Motor Vehicles investigative report. A
person 65 years of age or older with proper identification may be
charged a fee of no more than $5 for placing, lifting, or removing a
security freeze. All other consumers may be charged a fee of no more
than $10 for each of these steps.
You have a right to bring civil action against anyone, including a
consumer credit reporting agency, who improperly obtains access to a
file, knowingly or willfully misuses file data, or fails to correct
inaccurate file data.
If you are a victim of identity theft and provide to a consumer
credit reporting agency a copy of a valid police report or a valid
investigative report made by a Department of Motor Vehicles
investigator with peace officer status describing your circumstances,
the following shall apply:
(1) You have a right to have any information you list on the
report as allegedly fraudulent promptly blocked so that the
information cannot be reported. The information will be unblocked
only if (A) the information you provide is a material
misrepresentation of the facts, (B) you agree that the information is
blocked in error, or (C) you knowingly obtained possession of goods,
services, or moneys as result of the blocked transactions. If
blocked information is unblocked, you will be promptly notified.
(2) Beginning July 1, 2003, you have a right to receive, free of
charge and upon request, one copy of your credit report each month
for up to 12 consecutive months."

.

Cal. Civil Code § 1785.15.1.
(a) Upon the consumer's request for a credit score, a consumer credit reporting agency shall supply to a consumer a notice which shall include the information described in paragraphs (1) to (5), inclusive, and a statement indicating that the information and credit scoring model may be different than the credit score that may be used by the lender. However, if the consumer requests the credit file and not the credit score, then the consumer shall receive the credit file and a statement that he or she may request and obtain a credit score.

(1) The consumer's current credit score or the consumer's most recent credit score that was previously calculated by the credit reporting agency for a purpose related to the extension of credit.

(2) The range of possible credit scores under the model used.

(3) All the key factors that adversely affected the consumer's credit score in the model used, the total number of which shall not exceed four.

(4) The date the credit score was created.

(5) The name of the person or entity that provided the credit score or credit file upon which the credit score was created.

(b) For purposes of this act, "credit score" means a numerical value or a categorization derived from a statistical tool or modeling system used by a person who makes or arranges a loan to predict the likelihood of certain credit behaviors, including default. The numerical value or the categorization derived from this analysis may also be referred to as a "risk predictor" or "risk score." "Credit score" does not include any mortgage score or rating of an automated underwriting system that considers one or more factors in addition to credit information, including, but not limited to, the loan to value ratio, the amount of down payment, or a consumer's financial assets. "Credit score" does not include other elements of the underwriting process or underwriting decision.

(c) For the purposes of this section, "key factors" means all relevant elements or reasons adversely affecting the credit score for the particular individual listed in the order of their importance based on their effect on the credit score.

(d) The information required by this section shall be provided in the same timeframe and manner as the information described in Section 1785.15.

(e) This section shall not be construed to compel a consumer reporting agency to develop or disclose a score if the agency does not (1) distribute scores that are used in connection with residential real property loans, or (2) develop scores that assist credit providers in understanding a consumer's general credit behavior and predicting his or her future credit behavior.

(f) This section shall not be construed to require a consumer credit reporting agency that distributes credit scores developed by another person or entity to provide a further explanation of them, or to process a dispute arising pursuant to subdivision (a) of Section 1785.16, except that the consumer credit reporting agency shall provide the consumer with the name and address and website for contacting the person or entity who developed the score or developed the methodology of the score. This subdivision does not apply to a consumer credit reporting agency that develops or modifies scores that are developed by another person or entity.

(g) This section shall not be construed to require a consumer reporting agency to maintain credit scores in its files.
Cal. Civil Code § 1785.15.1. (a) Upon the consumer's request for a credit score, a
consumer credit reporting agency shall supply to a consumer a notice
which shall include the information described in paragraphs (1) to
(5), inclusive, and a statement indicating that the information and
credit scoring model may be different than the credit score that may
be used by the lender. However, if the consumer requests the credit
file and not the credit score, then the consumer shall receive the
credit file and a statement that he or she may request and obtain a
credit score.
(1) The consumer's current credit score or the consumer's most
recent credit score that was previously calculated by the credit
reporting agency for a purpose related to the extension of credit.
(2) The range of possible credit scores under the model used.
(3) All the key factors that adversely affected the consumer's
credit score in the model used, the total number of which shall not
exceed four.
(4) The date the credit score was created.
(5) The name of the person or entity that provided the credit
score or credit file upon which the credit score was created.
(b) For purposes of this act, "credit score" means a numerical
value or a categorization derived from a statistical tool or modeling
system used by a person who makes or arranges a loan to predict the
likelihood of certain credit behaviors, including default. The
numerical value or the categorization derived from this analysis may
also be referred to as a "risk predictor" or "risk score." "Credit
score" does not include any mortgage score or rating of an automated
underwriting system that considers one or more factors in addition to
credit information, including, but not limited to, the loan to value
ratio, the amount of down payment, or a consumer's financial assets.
"Credit score" does not include other elements of the underwriting
process or underwriting decision.
(c) For the purposes of this section, "key factors" means all
relevant elements or reasons adversely affecting the credit score for
the particular individual listed in the order of their importance
based on their effect on the credit score.
(d) The information required by this section shall be provided in
the same timeframe and manner as the information described in Section
1785.15.
(e) This section shall not be construed to compel a consumer
reporting agency to develop or disclose a score if the agency does
not (1) distribute scores that are used in connection with
residential real property loans, or (2) develop scores that assist
credit providers in understanding a consumer's general credit
behavior and predicting his or her future credit behavior.
(f) This section shall not be construed to require a consumer
credit reporting agency that distributes credit scores developed by
another person or entity to provide a further explanation of them, or
to process a dispute arising pursuant to subdivision (a) of Section
1785.16, except that the consumer credit reporting agency shall
provide the consumer with the name and address and website for
contacting the person or entity who developed the score or developed
the methodology of the score. This subdivision does not apply to a
consumer credit reporting agency that develops or modifies scores
that are developed by another person or entity.
(g) This section shall not be construed to require a consumer
reporting agency to maintain credit scores in its files.

.

Cal. Civil Code § 1785.15.2. (a) In complying with Section 1785.15.1, a consumer credit reporting agency shall supply the consumer with a credit score that is derived from a credit scoring model that is widely distributed to users by that consumer credit reporting agency in connection with residential real property loans or with a credit score that assists the consumer in understanding the credit scoring assessment of his or her credit behavior and predictions about his or her future credit behavior, and a statement indicating that the information and credit scoring model may be different than that used by the lender.

(b) A consumer credit reporting agency may charge a reasonable fee for providing the information required under Section 1785.15.1.
Cal. Civil Code § 1785.15.2. (a) In complying with Section 1785.15.1, a consumer
credit reporting agency shall supply the consumer with a credit score
that is derived from a credit scoring model that is widely
distributed to users by that consumer credit reporting agency in
connection with residential real property loans or with a credit
score that assists the consumer in understanding the credit scoring
assessment of his or her credit behavior and predictions about his or
her future credit behavior, and a statement indicating that the
information and credit scoring model may be different than that used
by the lender.
(b) A consumer credit reporting agency may charge a reasonable fee
for providing the information required under Section 1785.15.1.


.

Cal. Civil Code § 1785.15.3.
(a) In addition to any other rights the consumer may have under this title, every consumer credit reporting agency, after being contacted by telephone, mail, or in person by any consumer who has reason to believe he or she may be a victim of identity theft, shall promptly provide to that consumer a statement, written in a clear and conspicuous manner, describing the statutory rights of victims of identity theft under this title.

(b) Every consumer credit reporting agency shall, upon the receipt from a victim of identity theft of a police report prepared pursuant to Section 530.6 of the Penal Code, or a valid investigative report made by a Department of Motor Vehicles investigator with peace officer status regarding the public offenses described in Section 530.5 of the Penal Code, provide the victim, free of charge and upon request, with up to 12 copies of his or her file during a consecutive 12-month period, not to exceed one copy per month, following the date of the police report. Notwithstanding any other provision of this title, the maximum number of free reports a victim of identity theft is entitled to obtain under this title is 12 per year, as provided by this subdivision.

(c) Subdivision (a) does not apply to a consumer reporting agency that acts only as a reseller of credit information by assembling and merging information contained in the database of another consumer reporting agency or agencies and that does not maintain a permanent database of credit information from which new credit reports are produced.

(d) The provisions of this section shall become effective July 1, 2003.
Cal. Civil Code § 1785.15.3.(a) In addition to any other rights the consumer may
have under this title, every consumer credit reporting agency, after
being contacted by telephone, mail, or in person by any consumer who
has reason to believe he or she may be a victim of identity theft,
shall promptly provide to that consumer a statement, written in a
clear and conspicuous manner, describing the statutory rights of
victims of identity theft under this title.
(b) Every consumer credit reporting agency shall, upon the receipt
from a victim of identity theft of a police report prepared pursuant
to Section 530.6 of the Penal Code, or a valid investigative report
made by a Department of Motor Vehicles investigator with peace
officer status regarding the public offenses described in Section
530.5 of the Penal Code, provide the victim, free of charge and upon
request, with up to 12 copies of his or her file during a consecutive
12-month period, not to exceed one copy per month, following the
date of the police report. Notwithstanding any other provision of
this title, the maximum number of free reports a victim of identity
theft is entitled to obtain under this title is 12 per year, as
provided by this subdivision.
(c) Subdivision (a) does not apply to a consumer reporting agency
that acts only as a reseller of credit information by assembling and
merging information contained in the database of another consumer
reporting agency or agencies and that does not maintain a permanent
database of credit information from which new credit reports are
produced.
(d) The provisions of this section shall become effective July 1,
2003.

.

Cal. Civil Code § 1785.16.
(a) If the completeness or accuracy of any item of information contained in his or her file is disputed by a consumer, and the dispute is conveyed directly to the consumer credit reporting agency by the consumer or user on behalf of the consumer, the consumer credit reporting agency shall within a reasonable period of time and without charge, reinvestigate and record the current status of the disputed information before the end of the 30-business-day period beginning on the date the agency receives notice of the dispute from the consumer or user, unless the consumer credit reporting agency has reasonable grounds to believe and determines that the dispute by the consumer is frivolous or irrelevant, including by reason of a failure of the consumer to provide sufficient information, as requested by the consumer credit reporting agency, to investigate the dispute. Unless the consumer credit reporting agency determines that the dispute is frivolous or irrelevant, before the end of the five-business-day period beginning on the date the consumer credit reporting agency receives notice of dispute under this section, the agency shall notify any person who provided information in dispute at the address and in the manner specified by the person. A consumer credit reporting agency may require that disputes by consumers be in writing.

(b) In conducting that reinvestigation the consumer credit reporting agency shall review and consider all relevant information submitted by the consumer with respect to the disputed item of information. If the consumer credit reporting agency determines that the dispute is frivolous or irrelevant, it shall notify the consumer by mail or, if authorized by the consumer for that purpose, by any other means available to the consumer credit reporting agency, within five business days after that determination is made that it is terminating its reinvestigation of the item of information. In this notification, the consumer credit reporting agency shall state the specific reasons why it has determined that the consumer's dispute is frivolous or irrelevant. If the disputed item of information is found to be inaccurate, missing, or can no longer be verified by the evidence submitted, the consumer credit reporting agency shall promptly add, correct, or delete that information from the consumer's file.

(c) No information may be reinserted in a consumer's file after having been deleted pursuant to this section unless the person who furnished the information certifies that the information is accurate. If any information deleted from a consumer's file is reinserted in the file, the consumer credit reporting agency shall promptly notify the consumer of the reinsertion in writing or, if authorized by the consumer for that purpose, by any other means available to the consumer credit reporting agency. As part of, or in addition to, this notice the consumer credit reporting agency shall, within five business days of reinserting the information, provide the consumer in writing (1) a statement that the disputed information has been reinserted, (2) a notice that the agency will provide to the consumer, within 15 days following a request, the name, address, and telephone number of any furnisher of information contacted or which contacted the consumer credit reporting agency in connection with the reinsertion, (3) the toll-free telephone number of the consumer credit reporting agency that the consumer can use to obtain this name, address, and telephone number, and (4) a notice that the consumer has the right to a reinvestigation of the information reinserted by the consumer credit reporting agency and to add a statement to his or her file disputing the accuracy or completeness of the information.

(d) A consumer credit reporting agency shall provide written notice to the consumer of the results of any reinvestigation under this subdivision, within five days of completion of the reinvestigation. The notice shall include (1) a statement that the reinvestigation is completed, (2) a consumer credit report that is based on the consumer's file as that file is revised as a result of the reinvestigation, (3) a description or indication of any changes made in the consumer credit report as a result of those revisions to the consumer's file and a description of any changes made or sought by the consumer that were not made and an explanation why they were not made, (4) a notice that, if requested by the consumer, a description of the procedure used to determine the accuracy and completeness of the information shall be provided to the consumer by the consumer credit reporting agency, including the name, business address, and telephone number of any furnisher of information contacted in connection with that information, (5) a notice that the consumer has the right to add a statement to the consumer's file disputing the accuracy or completeness of the information, (6) a notice that the consumer has the right to request that the consumer credit reporting agency furnish notifications under subdivision (h), (7) a notice that the dispute will remain on file with the agency as long as the credit information is used, and (8) a statement about the details of the dispute will be furnished to any recipient as long as the credit information is retained in the agency's data base. A consumer credit reporting agency shall provide the notice pursuant to this subdivision respecting the procedure used to determine the accuracy and completeness of information, not later than 15 days after receiving a request from the consumer.

(e) The presence of information in the consumer's file that contradicts the contention of the consumer shall not, in and of itself, constitute reasonable grounds for believing the dispute is frivolous or irrelevant.

(f) If the consumer credit reporting agency determines that the dispute is frivolous or irrelevant, or if the reinvestigation does not resolve the dispute, or if the information is reinserted into the consumer's file pursuant to subdivision (c), the consumer may file a brief statement setting forth the nature of the dispute. The consumer credit reporting agency may limit these statements to not more than 100 words if it provides the consumer with assistance in writing a clear summary of the dispute.

(g) Whenever a statement of dispute is filed, the consumer credit reporting agency shall, in any subsequent consumer credit report containing the information in question, clearly note that the information is disputed by the consumer and shall include in the report either the consumer's statement or a clear and accurate summary thereof.

(h) Following the deletion of information from a consumer's file pursuant to this section, or following the filing of a statement of dispute pursuant to subdivision (f), the consumer credit reporting agency, at the request of the consumer, shall furnish notification that the item of information has been deleted or that the item of information is disputed. In the case of disputed information, the notification shall include the statement or summary of the dispute filed pursuant to subdivision (f). This notification shall be furnished to any person designated by the consumer who has, within two years prior to the deletion or the filing of the dispute, received a consumer credit report concerning the consumer for employment purposes, or who has, within 12 months of the deletion or the filing of the dispute, received a consumer credit report concerning the consumer for any other purpose, if these consumer credit reports contained the deleted or disputed information. The consumer credit reporting agency shall clearly and conspicuously disclose to the consumer his or her rights to make a request for this notification. The disclosure shall be made at or prior to the time the information is deleted pursuant to this section or the consumer's statement regarding the disputed information is received pursuant to subdivision (f).

(i) A consumer credit reporting agency shall maintain reasonable procedures to prevent the reappearance in a consumer's file and in consumer credit reports of information that has been deleted pursuant to this section and not reinserted pursuant to subdivision (c).

(j) If the consumer's dispute is resolved by deletion of the disputed information within three business days, beginning with the day the consumer credit reporting agency receives notice of the dispute in accordance with subdivision (a), and provided that verification thereof is provided to the consumer in writing within five business days following the deletion, then the consumer credit reporting agency shall be exempt from requirements for further action under subdivisions (d), (f), and (g).

(k) If a consumer submits to a credit reporting agency a copy of a valid police report, or a valid investigative report made by a Department of Motor Vehicles investigator with peace officer status, filed pursuant to Section 530.5 of the Penal Code, the consumer credit reporting agency shall promptly and permanently block reporting any information that the consumer alleges appears on his or her credit report as a result of a violation of Section 530.5 of the Penal Code so that the information cannot be reported. The consumer credit reporting agency shall promptly notify the furnisher of the information that the information has been so blocked. Furnishers of information and consumer credit reporting agencies shall ensure that information is unblocked only upon a preponderance of the evidence establishing the facts required under paragraph (1), (2), or (3). The permanently blocked information shall be unblocked only if: (1) the information was blocked due to a material misrepresentation of fact by the consumer or fraud, or (2) the consumer agrees that the blocked information, or portions of the blocked information, were blocked in error, or (3) the consumer knowingly obtained possession of goods, services, or moneys as a result of the blocked transaction or transactions or the consumer should have known that he or she obtained possession of goods, services, or moneys as a result of the blocked transaction or transactions. If blocked information is unblocked pursuant to this subdivision, the consumer shall be promptly notified in the same manner as consumers are notified of the reinsertion of information pursuant to subdivision (c). The prior presence of the blocked information in the consumer credit reporting agency's file on the consumer is not evidence of whether the consumer knew or should have known that he or she obtained possession of any goods, services, or moneys. For the purposes of this subdivision, fraud may be demonstrated by circumstantial evidence. In unblocking information pursuant to this subdivision, furnishers and consumer credit reporting agencies shall be subject to their respective requirements pursuant to this title regarding the completeness and accuracy of information.

(l) In unblocking information as described in subdivision (k), a consumer reporting agency shall comply with all requirements of this section and 15 U.S.C. Sec. 1681i relating to reinvestigating disputed information. In addition, a consumer reporting agency shall accept the consumer's version of the disputed information and correct or delete the disputed item when the consumer submits to the consumer reporting agency documentation obtained from the source of the item in dispute or from public records confirming that the report was inaccurate or incomplete, unless the consumer reporting agency, in the exercise of good faith and reasonable judgment, has substantial reason based on specific, verifiable facts to doubt the authenticity of the documentation submitted and notifies the consumer in writing of that decision, explaining its reasons for unblocking the information and setting forth the specific, verifiable facts on which the decision was based.

(m) Any provision in a contract that prohibits the disclosure of a credit score by a person who makes or arranges loans or a consumer credit reporting agency is void. A lender shall not have liability under any contractual provision for disclosure of a credit score.

Cal. Civil Code § 1785.16.(a) If the completeness or accuracy of any item of
information contained in his or her file is disputed by a consumer,
and the dispute is conveyed directly to the consumer credit reporting
agency by the consumer or user on behalf of the consumer, the
consumer credit reporting agency shall within a reasonable period of
time and without charge, reinvestigate and record the current status
of the disputed information before the end of the 30-business-day
period beginning on the date the agency receives notice of the
dispute from the consumer or user, unless the consumer credit
reporting agency has reasonable grounds to believe and determines
that the dispute by the consumer is frivolous or irrelevant,
including by reason of a failure of the consumer to provide
sufficient information, as requested by the consumer credit reporting
agency, to investigate the dispute. Unless the consumer credit
reporting agency determines that the dispute is frivolous or
irrelevant, before the end of the five-business-day period beginning
on the date the consumer credit reporting agency receives notice of
dispute under this section, the agency shall notify any person who
provided information in dispute at the address and in the manner
specified by the person. A consumer credit reporting agency may
require that disputes by consumers be in writing.
(b) In conducting that reinvestigation the consumer credit
reporting agency shall review and consider all relevant information
submitted by the consumer with respect to the disputed item of
information. If the consumer credit reporting agency determines that
the dispute is frivolous or irrelevant, it shall notify the consumer
by mail or, if authorized by the consumer for that purpose, by any
other means available to the consumer credit reporting agency, within
five business days after that determination is made that it is
terminating its reinvestigation of the item of information. In this
notification, the consumer credit reporting agency shall state the
specific reasons why it has determined that the consumer's dispute is
frivolous or irrelevant. If the disputed item of information is
found to be inaccurate, missing, or can no longer be verified by the
evidence submitted, the consumer credit reporting agency shall
promptly add, correct, or delete that information from the consumer's
file.
(c) No information may be reinserted in a consumer's file after
having been deleted pursuant to this section unless the person who
furnished the information certifies that the information is accurate.
If any information deleted from a consumer's file is reinserted in
the file, the consumer credit reporting agency shall promptly notify
the consumer of the reinsertion in writing or, if authorized by the
consumer for that purpose, by any other means available to the
consumer credit reporting agency. As part of, or in addition to, this
notice the consumer credit reporting agency shall, within five
business days of reinserting the information, provide the consumer in
writing (1) a statement that the disputed information has been
reinserted, (2) a notice that the agency will provide to the
consumer, within 15 days following a request, the name, address, and
telephone number of any furnisher of information contacted or which
contacted the consumer credit reporting agency in connection with the
reinsertion, (3) the toll-free telephone number of the consumer
credit reporting agency that the consumer can use to obtain this
name, address, and telephone number, and (4) a notice that the
consumer has the right to a reinvestigation of the information
reinserted by the consumer credit reporting agency and to add a
statement to his or her file disputing the accuracy or completeness
of the information.
(d) A consumer credit reporting agency shall provide written
notice to the consumer of the results of any reinvestigation under
this subdivision, within five days of completion of the
reinvestigation. The notice shall include (1) a statement that the
reinvestigation is completed, (2) a consumer credit report that is
based on the consumer's file as that file is revised as a result of
the reinvestigation, (3) a description or indication of any changes
made in the consumer credit report as a result of those revisions to
the consumer's file and a description of any changes made or sought
by the consumer that were not made and an explanation why they were
not made, (4) a notice that, if requested by the consumer, a
description of the procedure used to determine the accuracy and
completeness of the information shall be provided to the consumer by
the consumer credit reporting agency, including the name, business
address, and telephone number of any furnisher of information
contacted in connection with that information, (5) a notice that the
consumer has the right to add a statement to the consumer's file
disputing the accuracy or completeness of the information, (6) a
notice that the consumer has the right to request that the consumer
credit reporting agency furnish notifications under subdivision (h),
(7) a notice that the dispute will remain on file with the agency as
long as the credit information is used, and (8) a statement about the
details of the dispute will be furnished to any recipient as long as
the credit information is retained in the agency's data base. A
consumer credit reporting agency shall provide the notice pursuant to
this subdivision respecting the procedure used to determine the
accuracy and completeness of information, not later than 15 days
after receiving a request from the consumer.
(e) The presence of information in the consumer's file that
contradicts the contention of the consumer shall not, in and of
itself, constitute reasonable grounds for believing the dispute is
frivolous or irrelevant.
(f) If the consumer credit reporting agency determines that the
dispute is frivolous or irrelevant, or if the reinvestigation does
not resolve the dispute, or if the information is reinserted into the
consumer's file pursuant to subdivision (c), the consumer may file a
brief statement setting forth the nature of the dispute. The
consumer credit reporting agency may limit these statements to not
more than 100 words if it provides the consumer with assistance in
writing a clear summary of the dispute.
(g) Whenever a statement of dispute is filed, the consumer credit
reporting agency shall, in any subsequent consumer credit report
containing the information in question, clearly note that the
information is disputed by the consumer and shall include in the
report either the consumer's statement or a clear and accurate
summary thereof.
(h) Following the deletion of information from a consumer's file
pursuant to this section, or following the filing of a statement of
dispute pursuant to subdivision (f), the consumer credit reporting
agency, at the request of the consumer, shall furnish notification
that the item of information has been deleted or that the item of
information is disputed. In the case of disputed information, the
notification shall include the statement or summary of the dispute
filed pursuant to subdivision (f). This notification shall be
furnished to any person designated by the consumer who has, within
two years prior to the deletion or the filing of the dispute,
received a consumer credit report concerning the consumer for
employment purposes, or who has, within 12 months of the deletion or
the filing of the dispute, received a consumer credit report
concerning the consumer for any other purpose, if these consumer
credit reports contained the deleted or disputed information. The
consumer credit reporting agency shall clearly and conspicuously
disclose to the consumer his or her rights to make a request for this
notification. The disclosure shall be made at or prior to the time
the information is deleted pursuant to this section or the consumer's
statement regarding the disputed information is received pursuant to
subdivision (f).
(i) A consumer credit reporting agency shall maintain reasonable
procedures to prevent the reappearance in a consumer's file and in
consumer credit reports of information that has been deleted pursuant
to this section and not reinserted pursuant to subdivision (c).
(j) If the consumer's dispute is resolved by deletion of the
disputed information within three business days, beginning with the
day the consumer credit reporting agency receives notice of the
dispute in accordance with subdivision (a), and provided that
verification thereof is provided to the consumer in writing within
five business days following the deletion, then the consumer credit
reporting agency shall be exempt from requirements for further action
under subdivisions (d), (f), and (g).
(k) If a consumer submits to a credit reporting agency a copy of a
valid police report, or a valid investigative report made by a
Department of Motor Vehicles investigator with peace officer status,
filed pursuant to Section 530.5 of the Penal Code, the consumer
credit reporting agency shall promptly and permanently block
reporting any information that the consumer alleges appears on his or
her credit report as a result of a violation of Section 530.5 of the
Penal Code so that the information cannot be reported. The consumer
credit reporting agency shall promptly notify the furnisher of the
information that the information has been so blocked. Furnishers of
information and consumer credit reporting agencies shall ensure that
information is unblocked only upon a preponderance of the evidence
establishing the facts required under paragraph (1), (2), or (3). The
permanently blocked information shall be unblocked only if: (1) the
information was blocked due to a material misrepresentation of fact
by the consumer or fraud, or (2) the consumer agrees that the blocked
information, or portions of the blocked information, were blocked in
error, or (3) the consumer knowingly obtained possession of goods,
services, or moneys as a result of the blocked transaction or
transactions or the consumer should have known that he or she
obtained possession of goods, services, or moneys as a result of the
blocked transaction or transactions. If blocked information is
unblocked pursuant to this subdivision, the consumer shall be
promptly notified in the same manner as consumers are notified of the
reinsertion of information pursuant to subdivision (c). The prior
presence of the blocked information in the consumer credit reporting
agency's file on the consumer is not evidence of whether the consumer
knew or should have known that he or she obtained possession of any
goods, services, or moneys. For the purposes of this subdivision,
fraud may be demonstrated by circumstantial evidence. In unblocking
information pursuant to this subdivision, furnishers and consumer
credit reporting agencies shall be subject to their respective
requirements pursuant to this title regarding the completeness and
accuracy of information.
(l) In unblocking information as described in subdivision (k), a
consumer reporting agency shall comply with all requirements of this
section and 15 U.S.C. Sec. 1681i relating to reinvestigating disputed
information. In addition, a consumer reporting agency shall accept
the consumer's version of the disputed information and correct or
delete the disputed item when the consumer submits to the consumer
reporting agency documentation obtained from the source of the item
in dispute or from public records confirming that the report was
inaccurate or incomplete, unless the consumer reporting agency, in
the exercise of good faith and reasonable judgment, has substantial
reason based on specific, verifiable facts to doubt the authenticity
of the documentation submitted and notifies the consumer in writing
of that decision, explaining its reasons for unblocking the
information and setting forth the specific, verifiable facts on which
the decision was based.
(m) Any provision in a contract that prohibits the disclosure of a
credit score by a person who makes or arranges loans or a consumer
credit reporting agency is void. A lender shall not have liability
under any contractual provision for disclosure of a credit score.


.

Cal. Civil Code § 1785.16.1.
A consumer credit reporting agency shall delete from a consumer credit report inquiries for credit reports based upon credit requests that the consumer credit reporting agency verifies were initiated as the result of identity theft, as defined in Section 1798.92.
Cal. Civil Code § 1785.16.1.A consumer credit reporting agency shall delete from a
consumer credit report inquiries for credit reports based upon credit
requests that the consumer credit reporting agency verifies were
initiated as the result of identity theft, as defined in Section
1798.92.

.

Cal. Civil Code § 1785.16.2.(a) No creditor may sell a consumer debt to a debt collector, as defined in 15 U.S.C. Sec. 1692a, if the consumer is a victim of identity theft, as defined in Section 1798.2, and with respect to that debt, the creditor has received notice pursuant to subdivision (k) of Section 1785.16.

(b) Subdivision (a) does not apply to a creditor's sale of a debt to a subsidiary or affiliate of the creditor, if, with respect to that debt, the subsidiary or affiliate does not take any action to collect the debt.

(c) For the purposes of this section, the requirement in 15 U.S.C. Sec. 1692a, that a person must use an instrumentality of interstate commerce or the mails in the collection of any debt to be considered a debt collector, does not apply.
Cal. Civil Code § 1785.16.2.(a) No creditor may sell a consumer debt to a debt
collector, as defined in 15 U.S.C. Sec. 1692a, if the consumer is a
victim of identity theft, as defined in Section 1798.2, and with
respect to that debt, the creditor has received notice pursuant to
subdivision (k) of Section 1785.16.
(b) Subdivision (a) does not apply to a creditor's sale of a debt
to a subsidiary or affiliate of the creditor, if, with respect to
that debt, the subsidiary or affiliate does not take any action to
collect the debt.
(c) For the purposes of this section, the requirement in 15 U.S.C.
Sec. 1692a, that a person must use an instrumentality of interstate
commerce or the mails in the collection of any debt to be considered
a debt collector, does not apply.

.

Cal. Civil Code § 1785.16.3.
The provisions of subdivisions (k) and ( l ) of Section 1785.16 do not apply to a consumer reporting agency that acts only as a reseller of credit information by assembling and merging information contained in the database of another consumer reporting agency or agencies, and that does not maintain a permanent database of credit information from which new credit reports are produced.
Cal. Civil Code § 1785.16.3.The provisions of subdivisions (k) and (l) of Section
1785.16 do not apply to a consumer reporting agency that acts only as
a reseller of credit information by assembling and merging
information contained in the database of another consumer reporting
agency or agencies, and that does not maintain a permanent database
of credit information from which new credit reports are produced.

.

Cal. Civil Code § 1785.17.

(a) Except as otherwise provided, a consumer credit reporting agency may impose a reasonable charge upon a consumer, as follows:

(1) For making a disclosure pursuant to Section 1785.10 or 1785.15, the consumer credit reporting agency may charge a fee not exceeding eight dollars ($8).

(2) For furnishing a notification, statement, or summary, to any person pursuant to subdivision (h) of Section 1785.16, the consumer credit reporting agency may charge a fee not exceeding the charge that it would impose on each designated recipient for a consumer credit report, and the amount of the charge shall be indicated to the consumer before furnishing the notification, statement, or summary.

(b) A consumer credit reporting agency shall make all disclosures pursuant to Sections 1785.10 and 1785.15 and furnish all consumer reports pursuant to Section 1785.16 without charge, if requested by the consumer within 60 days after receipt by the consumer of a notification of adverse action pursuant to Section 1785.20 or of a notification from a debt collection agency affiliated with the consumer credit reporting agency stating that the consumer's credit rating may be or has been adversely affected.

(c) A consumer credit reporting agency shall not impose any charge for (1) providing notice to a consumer required under Section 1785.16 or (2) notifying a person pursuant to subdivision (h) of Section 1785.16 of the deletion of any information which is found to be inaccurate or which can no longer be verified, if the consumer designates that person to the consumer credit reporting agency before the end of the 30-day period beginning on that date of notice under subdivision (d) of Section 1785.16.
Cal. Civil Code § 1785.17.(a) Except as otherwise provided, a consumer credit
reporting agency may impose a reasonable charge upon a consumer, as
follows:
(1) For making a disclosure pursuant to Section 1785.10 or
1785.15, the consumer credit reporting agency may charge a fee not
exceeding eight dollars ($8).
(2) For furnishing a notification, statement, or summary, to any
person pursuant to subdivision (h) of Section 1785.16, the consumer
credit reporting agency may charge a fee not exceeding the charge
that it would impose on each designated recipient for a consumer
credit report, and the amount of the charge shall be indicated to the
consumer before furnishing the notification, statement, or summary.
(b) A consumer credit reporting agency shall make all disclosures
pursuant to Sections 1785.10 and 1785.15 and furnish all consumer
reports pursuant to Section 1785.16 without charge, if requested by
the consumer within 60 days after receipt by the consumer of a
notification of adverse action pursuant to Section 1785.20 or of a
notification from a debt collection agency affiliated with the
consumer credit reporting agency stating that the consumer's credit
rating may be or has been adversely affected.
(c) A consumer credit reporting agency shall not impose any charge
for (1) providing notice to a consumer required under Section
1785.16 or (2) notifying a person pursuant to subdivision (h) of
Section 1785.16 of the deletion of any information which is found to
be inaccurate or which can no longer be verified, if the consumer
designates that person to the consumer credit reporting agency before
the end of the 30-day period beginning on that date of notice under
subdivision (d) of Section 1785.16.


.

Cal. Civil Code § 1785.18.
(a) Each consumer credit reporting agency which compiles and reports items of information concerning consumers which are matters of public record, shall specify in any report containing public record information the source from which that information was obtained, including the particular court, if there be such, and the date that the information was initially reported or publicized.

(b) A consumer credit reporting agency which furnishes a consumer credit report for employment purposes, and which for that purpose compiles and reports items of information on consumers which are matters of public record and are likely to have an adverse effect upon a consumer's ability to obtain employment shall, in addition, maintain strict procedures designed to ensure that whenever public record information which is likely to have an adverse effect on a consumer's ability to obtain employment is reported it is complete and up to date. For purposes of this paragraph, items of public record relating to arrests, indictments, convictions, suits, tax liens, and outstanding judgments shall be considered up to date if the current public record status of the item at the time of the report is reported.

(c) No consumer credit reporting agency which furnishes a consumer credit report for employment purposes shall report information on the age, marital status, race, color, or creed of any consumer.
Cal. Civil Code § 1785.18.(a) Each consumer credit reporting agency which compiles
and reports items of information concerning consumers which are
matters of public record, shall specify in any report containing
public record information the source from which that information was
obtained, including the particular court, if there be such, and the
date that the information was initially reported or publicized.
(b) A consumer credit reporting agency which furnishes a consumer
credit report for employment purposes, and which for that purpose
compiles and reports items of information on consumers which are
matters of public record and are likely to have an adverse effect
upon a consumer's ability to obtain employment shall, in addition,
maintain strict procedures designed to ensure that whenever public
record information which is likely to have an adverse effect on a
consumer's ability to obtain employment is reported it is complete
and up to date. For purposes of this paragraph, items of public
record relating to arrests, indictments, convictions, suits, tax
liens, and outstanding judgments shall be considered up to date if
the current public record status of the item at the time of the
report is reported.
(c) No consumer credit reporting agency which furnishes a consumer
credit report for employment purposes shall report information on
the age, marital status, race, color, or creed of any consumer.

.

Cal. Civil Code § 1785.19.
(a) In addition to any other remedy provided by law, a consumer may bring an action for a civil penalty, not to exceed two thousand five hundred dollars ($2,500), against any of the following:

(1) A person who knowingly and willfully obtains access to a file other than as provided in Section 1785.11.

(2) Any person who knowingly and willfully obtains data from a file other than as provided in Section 1785.11.

(3) A person who uses the data received from a file in a manner contrary to an agreement with the consumer credit reporting agency.

Such an action may also be brought by the person or entity responsible for the file accessed. This remedy is in addition to any other remedy which may exist.

(b) If a plaintiff prevails in an action under subdivision (a) he or she shall be awarded the civil penalty, costs, and reasonable attorney fees.
Cal. Civil Code § 1785.19.(a) In addition to any other remedy provided by law, a
consumer may bring an action for a civil penalty, not to exceed two
thousand five hundred dollars ($2,500), against any of the following:
(1) A person who knowingly and willfully obtains access to a file
other than as provided in Section 1785.11.
(2) Any person who knowingly and willfully obtains data from a
file other than as provided in Section 1785.11.
(3) A person who uses the data received from a file in a manner
contrary to an agreement with the consumer credit reporting agency.
Such an action may also be brought by the person or entity
responsible for the file accessed. This remedy is in addition to any
other remedy which may exist.
(b) If a plaintiff prevails in an action under subdivision (a) he
or she shall be awarded the civil penalty, costs, and reasonable
attorney fees.


.

Cal. Civil Code § 1785.19.5.Every consumer credit reporting agency, upon written request and the furnishing of sufficient identification to identify the consumer and the subject file, shall create reasonable procedures to prevent a consumer credit report or information from a consumer's file from being provided to any third party for marketing purposes or for any offer of credit not requested by the consumer. This section does not apply to the use of information by a credit grantor for purposes related to an existing credit relationship.
Cal. Civil Code § 1785.19.5.Every consumer credit reporting agency, upon written
request and the furnishing of sufficient identification to identify
the consumer and the subject file, shall create reasonable procedures
to prevent a consumer credit report or information from a consumer's
file from being provided to any third party for marketing purposes
or for any offer of credit not requested by the consumer. This
section does not apply to the use of information by a credit grantor
for purposes related to an existing credit relationship.

.

Cal. Civil Code § 1786.10.(a) Every investigative consumer reporting agency shall, upon request and proper identification of any consumer, allow the consumer to visually inspect all files maintained regarding the consumer at the time of the request.

(b)

(1) All items of information shall be available for inspection, except that the sources of information, other than public records and records from databases available for sale, acquired solely for use in preparing an investigative consumer report and actually used for no other purpose need not be disclosed. However, if an action is brought under this title, those sources shall be available to the consumer under appropriate discovery procedures in the court in which the action is brought.

(2) This title shall not be interpreted to mean that investigative consumer reporting agencies are required to divulge to consumers the sources of investigative consumer reports, except in appropriate discovery procedures as outlined in this title.

(c) The investigative consumer reporting agency shall also identify the recipients of any investigative consumer report on the consumer that the investigative consumer reporting agency has furnished for either of the following purposes:

(1) For employment or insurance purposes within the three-year period preceding the request.

(2) For any other purpose within the three-year period preceding the request.

(d) The identification of a recipient under subdivision (c) shall include the name of the recipient or, if applicable, the trade name (written in full) under which the recipient conducts business and, upon request of the consumer, the address and telephone number of the recipient.

(e) The investigative consumer reporting agency shall also disclose the dates, original payees, and amounts of any checks or charges upon which is based any adverse characterization of the consumer, included in the file at the time of the disclosure.
Cal. Civil Code § 1786.10.(a) Every investigative consumer reporting agency shall,
upon request and proper identification of any consumer, allow the
consumer to visually inspect all files maintained regarding the
consumer at the time of the request.
(b) (1) All items of information shall be available for
inspection, except that the sources of information, other than public
records and records from databases available for sale, acquired
solely for use in preparing an investigative consumer report and
actually used for no other purpose need not be disclosed. However, if
an action is brought under this title, those sources shall be
available to the consumer under appropriate discovery procedures in
the court in which the action is brought.
(2) This title shall not be interpreted to mean that investigative
consumer reporting agencies are required to divulge to consumers the
sources of investigative consumer reports, except in appropriate
discovery procedures as outlined in this title.
(c) The investigative consumer reporting agency shall also
identify the recipients of any investigative consumer report on the
consumer that the investigative consumer reporting agency has
furnished for either of the following purposes:
(1) For employment or insurance purposes within the three-year
period preceding the request.
(2) For any other purpose within the three-year period preceding
the request.
(d) The identification of a recipient under subdivision (c) shall
include the name of the recipient or, if applicable, the trade name
(written in full) under which the recipient conducts business and,
upon request of the consumer, the address and telephone number of the
recipient.
(e) The investigative consumer reporting agency shall also
disclose the dates, original payees, and amounts of any checks or
charges upon which is based any adverse characterization of the
consumer, included in the file at the time of the disclosure.



.

Cal. Civil Code § 1786.11.Every investigative consumer reporting agency that provides an investigative consumer report to a person other than the consumer shall make a copy of that report available, upon request and proper identification, to the consumer for at least two years after the date that the report is provided to the other person.Cal. Civil Code § 1786.11.Every investigative consumer reporting agency that
provides an investigative consumer report to a person other than the
consumer shall make a copy of that report available, upon request and
proper identification, to the consumer for at least two years after
the date that the report is provided to the other person.

.

Cal. Civil Code § 1786.12.An investigative consumer reporting agency shall only furnish an investigative consumer report under the following circumstances:

(a) In response to the order of a court having jurisdiction to issue the order.

(b) In compliance with a lawful subpoena issued by a court of competent jurisdiction.

(c) In accordance with the written instructions of the consumer to whom it relates.

(d) To a person that it has reason to believe:

(1) Intends to use the information for employment purposes; or

(2) Intends to use the information serving as a factor in determining a consumer's eligibility for insurance or the rate for any insurance; or

(3) Intends to use the information in connection with a determination of the consumer's eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider the applicant's financial responsibility or status; or

(4) Intends to use the information in connection with an order of a court of competent jurisdiction to provide support where the imposition or enforcement of the order involves the consumer; or

(5) Intends to use the information in connection with the hiring of a dwelling unit, as defined in subdivision (c) of Section 1940.

(e) An investigative consumer reporting agency shall not prepare or furnish an investigative consumer report to a person described in subdivision (d) unless the agency has received the certification under paragraph (4) of subdivision (a) of Section 1786.16 from the person requesting the report.

(f) An investigative consumer reporting agency shall not furnish an investigative consumer report to a person described in subdivision (d) if that report contains medical information about a consumer, unless the consumer consents to the furnishing of the report.
Cal. Civil Code § 1786.12.An investigative consumer reporting agency shall only
furnish an investigative consumer report under the following
circumstances:
(a) In response to the order of a court having jurisdiction to
issue the order.
(b) In compliance with a lawful subpoena issued by a court of
competent jurisdiction.
(c) In accordance with the written instructions of the consumer to
whom it relates.
(d) To a person that it has reason to believe:
(1) Intends to use the information for employment purposes; or
(2) Intends to use the information serving as a factor in
determining a consumer's eligibility for insurance or the rate for
any insurance; or
(3) Intends to use the information in connection with a
determination of the consumer's eligibility for a license or other
benefit granted by a governmental instrumentality required by law to
consider the applicant's financial responsibility or status; or
(4) Intends to use the information in connection with an order of
a court of competent jurisdiction to provide support where the
imposition or enforcement of the order involves the consumer; or
(5) Intends to use the information in connection with the hiring
of a dwelling unit, as defined in subdivision (c) of Section 1940.
(e) An investigative consumer reporting agency shall not prepare
or furnish an investigative consumer report to a person described in
subdivision (d) unless the agency has received the certification
under paragraph (4) of subdivision (a) of Section 1786.16 from the
person requesting the report.
(f) An investigative consumer reporting agency shall not furnish
an investigative consumer report to a person described in subdivision
(d) if that report contains medical information about a consumer,
unless the consumer consents to the furnishing of the report.

.

Cal. Civil Code § 1786.14.
Notwithstanding the provisions of Section 1786.12 an investigative consumer reporting agency may furnish to a governmental agency a consumer's name, address, former address, places of employment, or former places of employment.
Cal. Civil Code § 1786.14.Notwithstanding the provisions of Section 1786.12 an
investigative consumer reporting agency may furnish to a governmental
agency a consumer's name, address, former address, places of
employment, or former places of employment.

.

Cal. Civil Code § 1786.16. (a) Any person described in subdivision (d) of Section 1786.12 shall not procure or cause to be prepared an investigative consumer report unless the following applicable conditions are met:

(1) If an investigative consumer report is sought in connection with the underwriting of insurance, it shall be clearly and accurately disclosed in writing at the time the application form, medical form, binder, or similar document is signed by the consumer that an investigative consumer report regarding the consumer's character, general reputation, personal characteristics, and mode of living may be made. If no signed application form, medical form, binder, or similar document is involved in the underwriting transaction, the disclosure shall be made to the consumer in writing and mailed or otherwise delivered to the consumer not later than three days after the report was first requested. The disclosure shall include the name and address of any investigative consumer reporting agency conducting an investigation, plus the nature and scope of the investigation requested, and a summary of the provisions of Section 1786.22.

(2) If, at any time, an investigative consumer report is sought for employment purposes other than suspicion of wrongdoing or misconduct by the subject of the investigation, the person seeking the investigative consumer report may procure the report, or cause the report to be made, only if all of the following apply:

(A) The person procuring or causing the report to be made has a permissible purpose, as defined in Section 1786.12.

(B) The person procuring or causing the report to be made provides a clear and conspicuous disclosure in writing to the consumer at any time before the report is procured or caused to be made in a document that consists solely of the disclosure, that:

(i) An investigative consumer report may be obtained.

(ii) The permissible purpose of the report is identified.

(iii) The disclosure may include information on the consumer's character, general reputation, personal characteristics, and mode of living.

(iv) Identifies the name, address, and telephone number of the investigative consumer reporting agency conducting the investigation.

(v) Notifies the consumer in writing of the nature and scope of the investigation requested, including a summary of the provisions of Section 1786.22.

(C) The consumer has authorized in writing the procurement of the report.

(3) If an investigative consumer report is sought in connection with the hiring of a dwelling unit, as defined in subdivision (c) of Section 1940, the person procuring or causing the request to be made shall, not later than three days after the date on which the report was first requested, notify the consumer in writing that an investigative consumer report will be made regarding the consumer's character, general reputation, personal characteristics, and mode of living. The notification shall also include the name and address of the investigative consumer reporting agency that will prepare the report and a summary of the provisions of Section 1786.22.

(4) The person procuring or causing the request to be made shall certify to the investigative consumer reporting agency that the person has made the applicable disclosures to the consumer required by this subdivision and that the person will comply with subdivision (b).

(5) The person procuring the report or causing it to be prepared agrees to provide a copy of the report to the subject of the investigation, as provided in subdivision (b).

(b) Any person described in subdivision (d) of Section 1786.12 who requests an investigative consumer report, in accordance with subdivision (a) regarding that consumer, shall do the following:

(1) Provide the consumer a means by which the consumer may indicate on a written form, by means of a box to check, that the consumer wishes to receive a copy of any report that is prepared. If the consumer wishes to receive a copy of the report, the recipient of the report shall send a copy of the report to the consumer within three business days of the date that the report is provided to the recipient, who may contract with any other entity to send a copy to the consumer. The notice to request the report may be contained on either the disclosure form, as required by subdivision (a), or a separate consent form. The copy of the report shall contain the name, address, and telephone number of the person who issued the report and how to contact them.

(2) Comply with Section 1786.40, if the taking of adverse action is a consideration.

(c) Subdivisions (a) and (b) do not apply to an investigative consumer report procured or caused to be prepared by an employer, if the report is sought for employment purposes due to suspicion held by an employer of wrongdoing or misconduct by the subject of the investigation.

(d) Those persons described in subdivision (d) of Section 1786.12 constitute the sole and exclusive class of persons who may cause an investigative consumer report to be prepared.

Cal. Civil Code § 1786.16. (a) Any person described in subdivision (d) of Section
1786.12 shall not procure or cause to be prepared an investigative
consumer report unless the following applicable conditions are met:
(1) If an investigative consumer report is sought in connection
with the underwriting of insurance, it shall be clearly and
accurately disclosed in writing at the time the application form,
medical form, binder, or similar document is signed by the consumer
that an investigative consumer report regarding the consumer's
character, general reputation, personal characteristics, and mode of
living may be made. If no signed application form, medical form,
binder, or similar document is involved in the underwriting
transaction, the disclosure shall be made to the consumer in writing
and mailed or otherwise delivered to the consumer not later than
three days after the report was first requested. The disclosure shall
include the name and address of any investigative consumer reporting
agency conducting an investigation, plus the nature and scope of the
investigation requested, and a summary of the provisions of Section
1786.22.
(2) If, at any time, an investigative consumer report is sought
for employment purposes other than suspicion of wrongdoing or
misconduct by the subject of the investigation, the person seeking
the investigative consumer report may procure the report, or cause
the report to be made, only if all of the following apply:
(A) The person procuring or causing the report to be made has a
permissible purpose, as defined in Section 1786.12.
(B) The person procuring or causing the report to be made provides
a clear and conspicuous disclosure in writing to the consumer at any
time before the report is procured or caused to be made in a
document that consists solely of the disclosure, that:
(i) An investigative consumer report may be obtained.
(ii) The permissible purpose of the report is identified.
(iii) The disclosure may include information on the consumer's
character, general reputation, personal characteristics, and mode of
living.
(iv) Identifies the name, address, and telephone number of the
investigative consumer reporting agency conducting the investigation.
(v) Notifies the consumer in writing of the nature and scope of
the investigation requested, including a summary of the provisions of
Section 1786.22.
(vi) Notifies the consumer of the Internet Web site address of the
investigative consumer reporting agency identified in clause (iv),
or, if the agency has no Internet Web site address, the telephone
number of the agency, where the consumer may find information about
the investigative reporting agency's privacy practices, including
whether the consumer's personal information will be sent outside the
United States or its territories and information that complies with
subdivision (d) of Section 1786.20. This clause shall become
operative on January 1, 2012.
(C) The consumer has authorized in writing the procurement of the
report.
(3) If an investigative consumer report is sought in connection
with the hiring of a dwelling unit, as defined in subdivision (c) of
Section 1940, the person procuring or causing the request to be made
shall, not later than three days after the date on which the report
was first requested, notify the consumer in writing that an
investigative consumer report will be made regarding the consumer's
character, general reputation, personal characteristics, and mode of
living. The notification shall also include the name and address of
the investigative consumer reporting agency that will prepare the
report and a summary of the provisions of Section 1786.22.
(4) The person procuring or causing the request to be made shall
certify to the investigative consumer reporting agency that the
person has made the applicable disclosures to the consumer required
by this subdivision and that the person will comply with subdivision
(b).
(5) The person procuring the report or causing it to be prepared
agrees to provide a copy of the report to the subject of the
investigation, as provided in subdivision (b).
(b) Any person described in subdivision (d) of Section 1786.12 who
requests an investigative consumer report, in accordance with
subdivision (a) regarding that consumer, shall do the following:
(1) Provide the consumer a means by which the consumer may
indicate on a written form, by means of a box to check, that the
consumer wishes to receive a copy of any report that is prepared. If
the consumer wishes to receive a copy of the report, the recipient of
the report shall send a copy of the report to the consumer within
three business days of the date that the report is provided to the
recipient, who may contract with any other entity to send a copy to
the consumer. The notice to request the report may be contained on
either the disclosure form, as required by subdivision (a), or a
separate consent form. The copy of the report shall contain the name,
address, and telephone number of the person who issued the report
and how to contact them.
(2) Comply with Section 1786.40, if the taking of adverse action
is a consideration.
(c) Subdivisions (a) and (b) do not apply to an investigative
consumer report procured or caused to be prepared by an employer, if
the report is sought for employment purposes due to suspicion held by
an employer of wrongdoing or misconduct by the subject of the
investigation.
(d) Those persons described in subdivision (d) of Section 1786.12
constitute the sole and exclusive class of persons who may cause an
investigative consumer report to be prepared.



.

Cal. Civil Code § 1786.18.
(a) Except as authorized under subdivision (b), an investigative consumer reporting agency may not make or furnish any investigative consumer report containing any of the following items of information:

(1) Bankruptcies that, from the date of the order for relief, antedate the report by more than 10 years.

(2) Suits that, from the date of filing, and satisfied judgments that, from the date of entry, antedate the report by more than seven years.

(3) Unsatisfied judgments that, from the date of entry, antedate the report by more than seven years.

(4) Unlawful detainer actions where the defendant was the prevailing party or where the action is resolved by settlement agreement.

(5) Paid tax liens that, from the date of payment, antedate the report by more than seven years.

(6) Accounts placed for collection or charged to profit and loss that antedate the report by more than seven years.

(7) Records of arrest, indictment, information, misdemeanor complaint, or conviction of a crime that, from the date of disposition, release, or parole, antedate the report by more than seven years. These items of information shall no longer be reported if at any time it is learned that, in the case of a conviction, a full pardon has been granted or, in the case of an arrest, indictment, information, or misdemeanor complaint, a conviction did not result; except that records of arrest, indictment, information, or misdemeanor complaints may be reported pending pronouncement of judgment on the particular subject matter of those records.

(8) Any other adverse information that antedates the report by more than seven years.

(b) The provisions of subdivision (a) are not applicable in either of the following circumstances:

(1) If the investigative consumer report is to be used in the underwriting of life insurance involving, or that may reasonably be expected to involve, an amount of two hundred fifty thousand dollars ($250,000) or more.

(2) If the investigative consumer report is to be used by an employer who is explicitly required by a governmental regulatory agency to check for records that are prohibited by subdivision (a) when the employer is reviewing a consumer's qualification for employment.

(c) Except as otherwise provided in Section 1786.28, an investigative consumer reporting agency shall not furnish an investigative consumer report that includes information that is a matter of public record and that relates to an arrest, indictment, conviction, civil judicial action, tax lien, or outstanding judgment, unless the agency has verified the accuracy of the information during the 30-day period ending on the date on which the report is furnished.

(d) An investigative consumer reporting agency shall not prepare or furnish an investigative consumer report on a consumer that contains information that is adverse to the interest of the consumer and that is obtained through a personal interview with a neighbor, friend, or associate of the consumer or with another person with whom the consumer is acquainted or who has knowledge of the item of information, unless either (1) the investigative consumer reporting agency has followed reasonable procedures to obtain confirmation of the information, from an additional source that has independent and direct knowledge of the information, or (2) the person interviewed is the best possible source of the information.
Cal. Civil Code § 1786.18.(a) Except as authorized under subdivision (b), an
investigative consumer reporting agency may not make or furnish any
investigative consumer report containing any of the following items
of information:
(1) Bankruptcies that, from the date of the order for relief,
antedate the report by more than 10 years.
(2) Suits that, from the date of filing, and satisfied judgments
that, from the date of entry, antedate the report by more than seven
years.
(3) Unsatisfied judgments that, from the date of entry, antedate
the report by more than seven years.
(4) Unlawful detainer actions where the defendant was the
prevailing party or where the action is resolved by settlement
agreement.
(5) Paid tax liens that, from the date of payment, antedate the
report by more than seven years.
(6) Accounts placed for collection or charged to profit and loss
that antedate the report by more than seven years.
(7) Records of arrest, indictment, information, misdemeanor
complaint, or conviction of a crime that, from the date of
disposition, release, or parole, antedate the report by more than
seven years. These items of information shall no longer be reported
if at any time it is learned that, in the case of a conviction, a
full pardon has been granted or, in the case of an arrest,
indictment, information, or misdemeanor complaint, a conviction did
not result; except that records of arrest, indictment, information,
or misdemeanor complaints may be reported pending pronouncement of
judgment on the particular subject matter of those records.
(8) Any other adverse information that antedates the report by
more than seven years.
(b) The provisions of subdivision (a) are not applicable in either
of the following circumstances:
(1) If the investigative consumer report is to be used in the
underwriting of life insurance involving, or that may reasonably be
expected to involve, an amount of two hundred fifty thousand dollars
($250,000) or more.
(2) If the investigative consumer report is to be used by an
employer who is explicitly required by a governmental regulatory
agency to check for records that are prohibited by subdivision (a)
when the employer is reviewing a consumer's qualification for
employment.
(c) Except as otherwise provided in Section 1786.28, an
investigative consumer reporting agency shall not furnish an
investigative consumer report that includes information that is a
matter of public record and that relates to an arrest, indictment,
conviction, civil judicial action, tax lien, or outstanding judgment,
unless the agency has verified the accuracy of the information
during the 30-day period ending on the date on which the report is
furnished.
(d) An investigative consumer reporting agency shall not prepare
or furnish an investigative consumer report on a consumer that
contains information that is adverse to the interest of the consumer
and that is obtained through a personal interview with a neighbor,
friend, or associate of the consumer or with another person with whom
the consumer is acquainted or who has knowledge of the item of
information, unless either (1) the investigative consumer reporting
agency has followed reasonable procedures to obtain confirmation of
the information, from an additional source that has independent and
direct knowledge of the information, or (2) the person interviewed is
the best possible source of the information.

.

Cal. Civil Code § 1786.20.(a) An investigative consumer reporting agency shall maintain reasonable procedures designed to avoid violations of Section 1786.18 and to limit furnishing of investigative consumer reports for the purposes listed under Section 1786.12. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought and that the information will be used for no other purposes, and make the certifications described in paragraph (4) of subdivision (a) of Section 1786.16. From the effective date of this title, the investigative consumer reporting agency shall keep a record of the purposes for which information is sought, as stated by the user. The investigative consumer reporting agency may assume that the purpose for which a user seeks information remains the same as that which a user has previously stated. The investigative consumer reporting agency shall inform the user that the user is obligated to notify the agency of any change in the purpose for which information will be used.An investigative consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by the prospective user prior to furnishing the user any investigative consumer reports. An investigative consumer reporting agency may not furnish an investigative consumer report to a person unless it has a written agreement that the investigative consumer reports will be used by that person only for purposes listed in Section 1786.12.

(b) Whenever an investigative consumer reporting agency prepares an investigative consumer report, it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. An investigative consumer reporting agency shall retain the investigative consumer report for two years after the report is provided.

(c) An investigative consumer reporting agency may not make an inquiry for the purpose of preparing an investigative consumer report on a consumer for employment purposes if the making of the inquiry by an employer or prospective employer of the consumer would violate applicable federal or state equal employment opportunity law or regulation.
Cal. Civil Code § 1786.20.(a) An investigative consumer reporting agency shall
maintain reasonable procedures designed to avoid violations of
Section 1786.18 and to limit furnishing of investigative consumer
reports for the purposes listed under Section 1786.12. These
procedures shall require that prospective users of the information
identify themselves, certify the purposes for which the information
is sought and that the information will be used for no other
purposes, and make the certifications described in paragraph (4) of
subdivision (a) of Section 1786.16. From the effective date of this
title, the investigative consumer reporting agency shall keep a
record of the purposes for which information is sought, as stated by
the user. The investigative consumer reporting agency may assume that
the purpose for which a user seeks information remains the same as
that which a user has previously stated. The investigative consumer
reporting agency shall inform the user that the user is obligated to
notify the agency of any change in the purpose for which information
will be used. An investigative consumer reporting agency shall make a
reasonable effort to verify the identity of a new prospective user
and the uses certified by the prospective user prior to furnishing
the user any investigative consumer reports. An investigative
consumer reporting agency may not furnish an investigative consumer
report to a person unless it has a written agreement that the
investigative consumer reports will be used by that person only for
purposes listed in Section 1786.12.
(b) Whenever an investigative consumer reporting agency prepares
an investigative consumer report, it shall follow reasonable
procedures to assure maximum possible accuracy of the information
concerning the individual about whom the report relates. An
investigative consumer reporting agency shall retain the
investigative consumer report for two years after the report is
provided.
(c) An investigative consumer reporting agency may not make an
inquiry for the purpose of preparing an investigative consumer report
on a consumer for employment purposes if the making of the inquiry
by an employer or prospective employer of the consumer would violate
applicable federal or state equal employment opportunity law or
regulation.
(d) (1) An investigative consumer reporting agency doing business
in this state shall conspicuously post, as defined in subdivision (b)
of Section 22577 of the Business and Professions Code, on its
primary Internet Web site information describing its privacy
practices with respect to its preparation and processing of
investigative consumer reports. If the investigative consumer
reporting agency does not have an Internet Web site, it shall, upon
request, mail a written copy of the privacy statement to consumers.
The privacy statement shall conspicuously include, but not be limited
to, both of the following:
(A) A statement entitled "Personal Information Disclosure: United
States or Overseas," that indicates whether the personal information
will be transferred to third parties outside the United States or its
territories.
(B) A separate section that includes the name, mailing address,
e-mail address, and telephone number of the investigative consumer
reporting agency representatives who can assist a consumer with
additional information regarding the investigative consumer reporting
agency's privacy practices or policies in the event of a compromise
of his or her information.
(2) For purposes of this subdivision, "third party" shall include,
but not be limited to, a contractor, foreign affiliate, wholly owned
entity, or an employee of the investigative consumer reporting
agency.
(e) An investigative consumer reporting agency shall be liable to
a consumer who is the subject of a report if the consumer is harmed
by any unauthorized access of the consumer's personally identifiable
information, act, or omission that occurs outside the United States
or its territories as a result of the investigative consumer
reporting agency negligently preparing or processing an investigative
consumer report, or portion thereof, outside of the United States or
its territories. Liability shall be in an amount equal to the sum of
(1) any actual damages sustained by the consumer as a result of the
unauthorized access, and (2) in the case of any successful action to
enforce any liability under this section, the costs of the action
together with reasonable attorney's fees, as determined by the court.



.

Cal. Civil Code § 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 appears in person and furnishes proper identification. A copy of his file shall also be available to the consumer for a fee not to exceed the actual costs of duplication services provided.

(2) By certified mail, if he 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 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" as used in subdivision (b) shall mean that information generally deemed sufficient to identify a person. Such 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 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 identity.

(d) The investigative consumer reporting agency shall provide trained personnel to explain to the consumer any information furnished him 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 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 person's presence.

Cal. Civil Code § 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 appears in person and furnishes proper
identification. A copy of his file shall also be available to the
consumer for a fee not to exceed the actual costs of duplication
services provided.
(2) By certified mail, if he 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
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" as used in subdivision (b)
shall mean that information generally deemed sufficient to identify a
person. Such 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 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 identity.
(d) The investigative consumer reporting agency shall provide
trained personnel to explain to the consumer any information
furnished him 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 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 person's
presence.


.

Cal. Civil Code § 1786.24.

(a) If the completeness or accuracy of any item of information contained in his or her file is disputed by a consumer, and the dispute is conveyed directly to the investigative consumer reporting agency by the consumer, the investigative consumer reporting agency shall, without charge, reinvestigate and record the current status of the disputed information or delete the item from the file in accordance with subdivision (c), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer.

(b) The agency shall notify any person who provided information in dispute at the address and in the manner specified by that person. The notice shall include all relevant information regarding the dispute that the investigative consumer reporting agency has received from the consumer. The agency shall also promptly provide to the person who provided the information in dispute all relevant information regarding the dispute that is received by the agency from the consumer during the reinvestigation.

(c) In conducting a reinvestigation, the investigative consumer reporting agency shall review and consider all relevant information submitted by the consumer with respect to the disputed item of information.

(d) Notwithstanding subdivision (a), an investigative consumer reporting agency may terminate a reinvestigation of information disputed by a consumer if the investigative consumer reporting agency reasonably determines that the dispute is frivolous or irrelevant, including by reason of a failure by a consumer to provide sufficient information to investigate the disputed information. Upon making a determination that a dispute is frivolous or irrelevant, the investigative consumer reporting agency shall notify the consumer, by mail or, if authorized by the consumer for that purpose, by any other means available to the agency. In this notification, the investigative consumer reporting agency shall state the specific reasons why it has determined that the consumer's dispute is frivolous or irrelevant and provide a description of any information required to investigate the disputed information, that may consist of a standardized form describing the general nature of the required information.

(e) If a reinvestigation is made and, after reinvestigation, the disputed item of information is found to be inaccurate, incomplete, or cannot be verified by the evidence submitted, the investigative consumer reporting agency shall promptly delete that information from the consumer's file or modify the information, as appropriate, based on the results of the reinvestigation, and shall notify the consumer that the information has been deleted or modified. The consumer reporting agency shall also notify any and all sources from which the disputed information was obtained and inform them in writing of the reasons and results of the reinvestigation, and send a copy of this notification to the consumer. In accordance with subdivision (b) of Section 1786.10, the copy of the notification sent to the consumer need not reveal the identity of the source of information, unless otherwise required by law.

(f) No information may be reinserted in the file of a consumer after having been deleted pursuant to this section, unless the person who furnished the information verifies that the information is complete and accurate. If any information deleted from the file of a consumer is reinserted in the file, the investigative consumer reporting agency shall promptly notify the consumer of the reinsertion in writing or, if authorized by the consumer for that purpose, by any other means available to the agency. As part of, or in addition to, this notice, the investigative consumer reporting agency shall provide to the consumer in writing (1) a statement that the disputed information has been reinserted, (2) the name, address, and telephone number of any furnisher of information contacted or that contacted the investigative consumer reporting agency in connection with the reinsertion, and the telephone number of the furnisher, if reasonably available, and (3) a notice that the consumer has the right to a reinvestigation of the information reinserted by the investigative consumer reporting agency and to add a statement to his or her file disputing the accuracy or completeness of the information.

(g) An investigative consumer reporting agency shall provide notice to the consumer of the results of any reinvestigation under this section by mail or, if authorized by the consumer for that purpose, by other means available to the agency. The notice shall include (1) a statement that the reinvestigation is completed, (2) an investigative consumer report that is based on the consumer's file as that file is revised as a result of the reinvestigation, (3) a description or indication of any changes made in the investigative consumer report as a result of those revisions to the consumer's file, (4) a notice that, if requested by the consumer, a description of the procedure used to determine the accuracy and completeness of the information shall be provided to the consumer by the investigative consumer reporting agency, including the name, business address, and telephone number of any furnisher of information contacted in connection with that information, (5) a notice that the consumer has the right to add a statement to the consumer's file disputing the accuracy or completeness of the information, and (6) a notice that the consumer has the right to request that the investigative consumer reporting agency furnish notifications under subdivision (k).

(h) The presence of information in the consumer's file that contradicts the contention of the consumer shall not, in and of itself, constitute reasonable grounds for believing the dispute is frivolous or irrelevant.

(i) If the investigative consumer reporting agency determines that the dispute is frivolous or irrelevant, or if the reinvestigation does not resolve the dispute, or if the information is reinserted into the file of a consumer pursuant to subdivision (f), the consumer may file a brief statement setting forth the nature of the dispute. The investigative consumer reporting agency may limit these statements to not more than 500 words if it provides the consumer with assistance in writing a clear summary of the dispute.

(j) If a statement of dispute is filed, the investigative consumer reporting agency shall, in any subsequent investigative consumer report containing the information in question, clearly note that the information is disputed by the consumer and shall include in the report either the statement of the consumer or a clear and accurate summary thereof.

(k) Following the deletion of information from the file of a consumer pursuant to this section, or following the filing of a dispute pursuant to subdivision (i), the investigative consumer reporting agency shall, at the request of the consumer, furnish notification that the item of information has been deleted or that the item of information is disputed. In the case of disputed information, the notification shall include the statement or summary of the dispute filed pursuant to subdivision (i). This notification shall be furnished to any person who has, within two years prior to the deletion or the filing of the dispute, received an investigative consumer report concerning the consumer for employment purposes, or who has, within one year of the deletion or the filing of the dispute, received an investigative consumer report concerning the consumer for any other purpose, if these investigative consumer reports contained the deleted or disputed information, unless the consumer specifically requests in writing that this notification not be given to all persons or to any specified persons. The investigative consumer reporting agency shall clearly and conspicuously disclose to the consumer his or her rights to make a request that this notification not be made.

(l) An investigative consumer reporting agency shall maintain reasonable procedures designed to prevent the reappearance in the file of a consumer and in investigative consumer reports information that has been deleted pursuant to this section and not reinserted pursuant to subdivision (f).

(m) If the dispute of a consumer is resolved by deletion of the disputed information within three business days, beginning with the day the investigative consumer reporting agency receives notice of the dispute in accordance with subdivision (a), the investigative consumer reporting agency is exempt from requirements for further action under subdivisions (g), (i), and (j), if the agency: (1) provides prompt notice of the deletion to the consumer by telephone, (2) provides written confirmation of the deletion and a copy of an investigative consumer report of the consumer that is based on the file of a consumer after the deletion, and (3) includes, in the telephone notice or in a written notice that accompanies the confirmation and report, a statement of the consumer's right to request under subdivision (k) that the agency not furnish notifications under that subdivision.

(n) Any investigative consumer reporting agency that compiles and maintains files on consumers on a nationwide basis, as defined in the federal Fair Credit Reporting Act, as amended (15 U.S.C. Sec. 1681 et seq.), shall implement an automated system through which furnishers of information to that agency may report the results of a reinvestigation that finds incomplete or inaccurate information in the file of a consumer to other investigative consumer reporting agencies.

(o) All actions to be taken by an investigative consumer reporting agency under this section are governed by the applicable time periods specified in Section 611 of the federal Fair Credit Reporting Act, as amended (15 U.S.C. Sec. 1681i).

Cal. Civil Code § 1786.24.(a) If the completeness or accuracy of any item of
information contained in his or her file is disputed by a consumer,
and the dispute is conveyed directly to the investigative consumer
reporting agency by the consumer, the investigative consumer
reporting agency shall, without charge, reinvestigate and record the
current status of the disputed information or delete the item from
the file in accordance with subdivision (c), before the end of the
30-day period beginning on the date on which the agency receives the
notice of the dispute from the consumer.
(b) The agency shall notify any person who provided information in
dispute at the address and in the manner specified by that person.
The notice shall include all relevant information regarding the
dispute that the investigative consumer reporting agency has received
from the consumer. The agency shall also promptly provide to the
person who provided the information in dispute all relevant
information regarding the dispute that is received by the agency from
the consumer during the reinvestigation.
(c) In conducting a reinvestigation, the investigative consumer
reporting agency shall review and consider all relevant information
submitted by the consumer with respect to the disputed item of
information.
(d) Notwithstanding subdivision (a), an investigative consumer
reporting agency may terminate a reinvestigation of information
disputed by a consumer if the investigative consumer reporting agency
reasonably determines that the dispute is frivolous or irrelevant,
including by reason of a failure by a consumer to provide sufficient
information to investigate the disputed information. Upon making a
determination that a dispute is frivolous or irrelevant, the
investigative consumer reporting agency shall notify the consumer, by
mail or, if authorized by the consumer for that purpose, by any
other means available to the agency. In this notification, the
investigative consumer reporting agency shall state the specific
reasons why it has determined that the consumer's dispute is
frivolous or irrelevant and provide a description of any information
required to investigate the disputed information, that may consist of
a standardized form describing the general nature of the required
information.
(e) If a reinvestigation is made and, after reinvestigation, the
disputed item of information is found to be inaccurate, incomplete,
or cannot be verified by the evidence submitted, the investigative
consumer reporting agency shall promptly delete that information from
the consumer's file or modify the information, as appropriate, based
on the results of the reinvestigation, and shall notify the consumer
that the information has been deleted or modified. The consumer
reporting agency shall also notify any and all sources from which the
disputed information was obtained and inform them in writing of the
reasons and results of the reinvestigation, and send a copy of this
notification to the consumer. In accordance with subdivision (b) of
Section 1786.10, the copy of the notification sent to the consumer
need not reveal the identity of the source of information, unless
otherwise required by law.
(f) No information may be reinserted in the file of a consumer
after having been deleted pursuant to this section, unless the person
who furnished the information verifies that the information is
complete and accurate. If any information deleted from the file of a
consumer is reinserted in the file, the investigative consumer
reporting agency shall promptly notify the consumer of the
reinsertion in writing or, if authorized by the consumer for that
purpose, by any other means available to the agency. As part of, or
in addition to, this notice, the investigative consumer reporting
agency shall provide to the consumer in writing (1) a statement that
the disputed information has been reinserted, (2) the name, address,
and telephone number of any furnisher of information contacted or
that contacted the investigative consumer reporting agency in
connection with the reinsertion, and the telephone number of the
furnisher, if reasonably available, and (3) a notice that the
consumer has the right to a reinvestigation of the information
reinserted by the investigative consumer reporting agency and to add
a statement to his or her file disputing the accuracy or completeness
of the information.
(g) An investigative consumer reporting agency shall provide
notice to the consumer of the results of any reinvestigation under
this section by mail or, if authorized by the consumer for that
purpose, by other means available to the agency. The notice shall
include (1) a statement that the reinvestigation is completed, (2) an
investigative consumer report that is based on the consumer's file
as that file is revised as a result of the reinvestigation, (3) a
description or indication of any changes made in the investigative
consumer report as a result of those revisions to the consumer's
file, (4) a notice that, if requested by the consumer, a description
of the procedure used to determine the accuracy and completeness of
the information shall be provided to the consumer by the
investigative consumer reporting agency, including the name, business
address, and telephone number of any furnisher of information
contacted in connection with that information, (5) a notice that the
consumer has the right to add a statement to the consumer's file
disputing the accuracy or completeness of the information, and (6) a
notice that the consumer has the right to request that the
investigative consumer reporting agency furnish notifications under
subdivision (k).
(h) The presence of information in the consumer's file that
contradicts the contention of the consumer shall not, in and of
itself, constitute reasonable grounds for believing the dispute is
frivolous or irrelevant.
(i) If the investigative consumer reporting agency determines that
the dispute is frivolous or irrelevant, or if the reinvestigation
does not resolve the dispute, or if the information is reinserted
into the file of a consumer pursuant to subdivision (f), the consumer
may file a brief statement setting forth the nature of the dispute.
The investigative consumer reporting agency may limit these
statements to not more than 500 words if it provides the consumer
with assistance in writing a clear summary of the dispute.
(j) If a statement of dispute is filed, the investigative consumer
reporting agency shall, in any subsequent investigative consumer
report containing the information in question, clearly note that the
information is disputed by the consumer and shall include in the
report either the statement of the consumer or a clear and accurate
summary thereof.
(k) Following the deletion of information from the file of a
consumer pursuant to this section, or following the filing of a
dispute pursuant to subdivision (i), the investigative consumer
reporting agency shall, at the request of the consumer, furnish
notification that the item of information has been deleted or that
the item of information is disputed. In the case of disputed
information, the notification shall include the statement or summary
of the dispute filed pursuant to subdivision (i). This notification
shall be furnished to any person who has, within two years prior to
the deletion or the filing of the dispute, received an investigative
consumer report concerning the consumer for employment purposes, or
who has, within one year of the deletion or the filing of the
dispute, received an investigative consumer report concerning the
consumer for any other purpose, if these investigative consumer
reports contained the deleted or disputed information, unless the
consumer specifically requests in writing that this notification not
be given to all persons or to any specified persons. The
investigative consumer reporting agency shall clearly and
conspicuously disclose to the consumer his or her rights to make a
request that this notification not be made.
(l) An investigative consumer reporting agency shall maintain
reasonable procedures designed to prevent the reappearance in the
file of a consumer and in investigative consumer reports information
that has been deleted pursuant to this section and not reinserted
pursuant to subdivision (f).
(m) If the dispute of a consumer is resolved by deletion of the
disputed information within three business days, beginning with the
day the investigative consumer reporting agency receives notice of
the dispute in accordance with subdivision (a), the investigative
consumer reporting agency is exempt from requirements for further
action under subdivisions (g), (i), and (j), if the agency: (1)
provides prompt notice of the deletion to the consumer by telephone,
(2) provides written confirmation of the deletion and a copy of an
investigative consumer report of the consumer that is based on the
file of a consumer after the deletion, and (3) includes, in the
telephone notice or in a written notice that accompanies the
confirmation and report, a statement of the consumer's right to
request under subdivision (k) that the agency not furnish
notifications under that subdivision.
(n) Any investigative consumer reporting agency that compiles and
maintains files on consumers on a nationwide basis, as defined in the
federal Fair Credit Reporting Act, as amended (15 U.S.C. Sec. 1681
et seq.), shall implement an automated system through which
furnishers of information to that agency may report the results of a
reinvestigation that finds incomplete or inaccurate information in
the file of a consumer to other investigative consumer reporting
agencies.
(o) All actions to be taken by an investigative consumer reporting
agency under this section are governed by the applicable time
periods specified in Section 611 of the federal Fair Credit Reporting
Act, as amended (15 U.S.C. Sec. 1681i).

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Cal. Civil Code § 1786.26.
(a) Except as otherwise provided in subdivision (c), an investigative consumer reporting agency may charge a consumer a fee not exceeding eight dollars ($8) for making disclosures to the consumer pursuant to Sections 1786.10, 1786.11, and 1786.22. Any charges shall be indicated to the consumer prior to disclosure.

(b) An investigative consumer reporting agency shall not impose any charge for providing notice to a consumer required under Section 1786.24, furnishing an investigative consumer report pursuant to Section 1786.24, or notifying a person pursuant to subdivision (k) of Section 1786.24 of the deletion of information that is found to be inaccurate or that cannot be verified.

(c) Upon the request of the consumer, an investigative consumer reporting agency shall make all disclosures pursuant to Section 1786.10 and 1786.22 once during any 12-month period without charge to that consumer if the consumer certifies in writing that he or she (1) is unemployed and intends to apply for employment in the 60-day period beginning on the date the certification is made, (2) is a recipient of public welfare assistance, or (3) has reason to believe that the file on the consumer at the investigative consumer reporting agency contains inaccurate information due to fraud.

(d) An investigative consumer reporting agency shall not impose any charge on a consumer for providing any notification or making any disclosure required by this title, except as authorized by this section.

Cal. Civil Code § 1786.26.(a) Except as otherwise provided in subdivision (c), an
investigative consumer reporting agency may charge a consumer a fee
not exceeding eight dollars ($8) for making disclosures to the
consumer pursuant to Sections 1786.10, 1786.11, and 1786.22. Any
charges shall be indicated to the consumer prior to disclosure.
(b) An investigative consumer reporting agency shall not impose
any charge for providing notice to a consumer required under Section
1786.24, furnishing an investigative consumer report pursuant to
Section 1786.24, or notifying a person pursuant to subdivision (k) of
Section 1786.24 of the deletion of information that is found to be
inaccurate or that cannot be verified.
(c) Upon the request of the consumer, an investigative consumer
reporting agency shall make all disclosures pursuant to Section
1786.10 and 1786.22 once during any 12-month period without charge to
that consumer if the consumer certifies in writing that he or she
(1) is unemployed and intends to apply for employment in the 60-day
period beginning on the date the certification is made, (2) is a
recipient of public welfare assistance, or (3) has reason to believe
that the file on the consumer at the investigative consumer reporting
agency contains inaccurate information due to fraud.
(d) An investigative consumer reporting agency shall not impose
any charge on a consumer for providing any notification or making any
disclosure required by this title, except as authorized by this
section.


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Cal. Civil Code § 1786.28.
(a) Each investigative consumer reporting agency that collects, assembles, evaluates, compiles, reports, transmits, transfers, or communicates items of information concerning consumers which are matters of public record shall specify in any report containing public record information the source from which this information was obtained, including the particular court, if applicable, and the date that this information was initially reported or publicized.

(b) A consumer reporting agency which furnishes a consumer report for employment purposes and which for that purpose compiles, collects, assembles, evaluates, reports, transmits, transfers, or communicates items of information on consumers which are matters of public record and are likely to have an adverse effect upon a consumer's ability to obtain employment shall in addition maintain strict procedures designed to insure that whenever public record information which is likely to have an adverse effect on a consumer's ability to obtain employment is reported it is complete and up to date. For purposes of this paragraph, items of public record relating to arrests, indictments, convictions, suits, tax liens, and outstanding judgments shall be considered up to date if the current public record status of the item at the time of the report is reported.
Cal. Civil Code § 1786.28.(a) Each investigative consumer reporting agency that
collects, assembles, evaluates, compiles, reports, transmits,
transfers, or communicates items of information concerning consumers
which are matters of public record shall specify in any report
containing public record information the source from which this
information was obtained, including the particular court, if
applicable, and the date that this information was initially reported
or publicized.
(b) A consumer reporting agency which furnishes a consumer report
for employment purposes and which for that purpose compiles,
collects, assembles, evaluates, reports, transmits, transfers, or
communicates items of information on consumers which are matters of
public record and are likely to have an adverse effect upon a
consumer's ability to obtain employment shall in addition maintain
strict procedures designed to insure that whenever public record
information which is likely to have an adverse effect on a consumer's
ability to obtain employment is reported it is complete and up to
date. For purposes of this paragraph, items of public record relating
to arrests, indictments, convictions, suits, tax liens, and
outstanding judgments shall be considered up to date if the current
public record status of the item at the time of the report is
reported.

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Cal. Civil Code § 1786.29.An investigative consumer reporting agency shall provide the following notices on the first page of an investigative consumer report:

(a) A notice in at least 12-point boldface type setting forth that the report does not guarantee the accuracy or truthfulness of the information as to the subject of the investigation, but only that it is accurately copied from public records, and information generated as a result of identity theft, including evidence of criminal activity, may be inaccurately associated with the consumer who is the subject of the report.

(b) An investigative consumer reporting agency shall provide a consumer seeking to obtain a copy of a report or making a request to review a file, a written notice in simple, plain English and Spanish setting forth the terms and conditions of his or her right to receive all disclosures, as provided in Section 1786.26.
Cal. Civil Code § 1786.29.An investigative consumer reporting agency shall provide
the following notices on the first page of an investigative consumer
report:
(a) A notice in at least 12-point boldface type setting forth that
the report does not guarantee the accuracy or truthfulness of the
information as to the subject of the investigation, but only that it
is accurately copied from public records, and information generated
as a result of identity theft, including evidence of criminal
activity, may be inaccurately associated with the consumer who is the
subject of the report.
(b) An investigative consumer reporting agency shall provide a
consumer seeking to obtain a copy of a report or making a request to
review a file, a written notice in simple, plain English and Spanish
setting forth the terms and conditions of his or her right to receive
all disclosures, as provided in Section 1786.26.


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Cal. Civil Code § 1786.30.
Whenever an investigative consumer reporting agency prepares an investigative consumer report, no adverse information in the report (other than information that is a matter of public record, the status of which has been updated pursuant to Section 1786.28) may be included in a subsequent investigative consumer report unless that adverse information has been verified in the process of making the subsequent investigative consumer report, or the adverse information was received within the three-month period preceding the date the subsequent report is furnished.
Cal. Civil Code § 1786.30.Whenever an investigative consumer reporting agency
prepares an investigative consumer report, no adverse information in
the report (other than information that is a matter of public record,
the status of which has been updated pursuant to Section 1786.28)
may be included in a subsequent investigative consumer report unless
that adverse information has been verified in the process of making
the subsequent investigative consumer report, or the adverse
information was received within the three-month period preceding the
date the subsequent report is furnished.

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Cal. Civil Code § 1786.40.
(a) Whenever insurance for personal, family, or household purposes, employment, or the hiring of a dwelling unit involving a consumer is denied, or the charge for that insurance or the hiring of a dwelling unit is increased, under circumstances in which a report regarding the consumer was obtained from an investigative consumer reporting agency, the user of the investigative consumer report shall so advise the consumer against whom the adverse action has been taken and supply the name and address of the investigative consumer reporting agency making the report.

(b) Whenever insurance for personal, family, or household purposes involving a consumer is denied or the charge for that insurance is increased, either wholly or in part because of information bearing upon the consumer's general reputation, personal characteristics, or mode of living, that was obtained from a person other than an investigative consumer reporting agency, the consumer, or another person related to the consumer and acting on the consumer's behalf, the user of the information shall, within a reasonable period of time, and upon the consumer's written request for the reasons for the adverse action received within 60 days after learning of the adverse action, disclose the nature and substance of the information to the consumer. The user of the information shall clearly and accurately disclose to the consumer his or her right to make this written request at the time the adverse action is communicated to the consumer.
Cal. Civil Code § 1786.40.(a) Whenever insurance for personal, family, or household
purposes, employment, or the hiring of a dwelling unit involving a
consumer is denied, or the charge for that insurance or the hiring of
a dwelling unit is increased, under circumstances in which a report
regarding the consumer was obtained from an investigative consumer
reporting agency, the user of the investigative consumer report shall
so advise the consumer against whom the adverse action has been
taken and supply the name and address of the investigative consumer
reporting agency making the report.
(b) Whenever insurance for personal, family, or household purposes
involving a consumer is denied or the charge for that insurance is
increased, either wholly or in part because of information bearing
upon the consumer's general reputation, personal characteristics, or
mode of living, that was obtained from a person other than an
investigative consumer reporting agency, the consumer, or another
person related to the consumer and acting on the consumer's behalf,
the user of the information shall, within a reasonable period of
time, and upon the consumer's written request for the reasons for the
adverse action received within 60 days after learning of the adverse
action, disclose the nature and substance of the information to the
consumer. The user of the information shall clearly and accurately
disclose to the consumer his or her right to make this written
request at the time the adverse action is communicated to the
consumer.


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Cal. Civil Code § 1812.621.
The Legislature hereby finds and declares that consumers enter into rental-purchase contracts that do not adequately disclose the actual terms and cost of the transaction or the consumer's liability for certain breaches of the contract, and that contain unfair provisions, including unfair terms related to fees and charges, the exercise or the termination of purchase option rights, property loss and damage, and the repair or replacement of improperly functioning rental property.

It is, therefore, the intent of the Legislature in enacting this title to ensure that consumers are protected from misrepresentations and unfair dealings by ensuring that consumers are adequately informed of all relevant terms, including the cash price, periodic payments, total purchase price, and other applicable charges or fees, before they enter into rental-purchase contracts.

It is further the intent of the Legislature to (a) prohibit unfair or unconscionable conduct toward consumers in connection with rental-purchase transactions, (b) prohibit unfair contract terms, including unreasonable charges, (c) prevent the forfeiture of contract rights by consumers, (d) provide a right of reinstatement and a reasonable formula for the exercise of purchase option rights under a rental-purchase contract, (e) provide reasonable requirements for the servicing, repair, and replacement of improperly functioning rental property, and (f) cover rental-purchase transactions under existing laws, including laws governing debt collection, cosigners, home solicitation contracts, and warranties. This title shall be liberally construed to achieve its remedial objectives.
Cal. Civil Code § 1812.621.The Legislature hereby finds and declares that consumers
enter into rental-purchase contracts that do not adequately disclose
the actual terms and cost of the transaction or the consumer's
liability for certain breaches of the contract, and that contain
unfair provisions, including unfair terms related to fees and
charges, the exercise or the termination of purchase option rights,
property loss and damage, and the repair or replacement of improperly
functioning rental property.
It is, therefore, the intent of the Legislature in enacting this
title to ensure that consumers are protected from misrepresentations
and unfair dealings by ensuring that consumers are adequately
informed of all relevant terms, including the cash price, periodic
payments, total purchase price, and other applicable charges or fees,
before they enter into rental-purchase contracts.
It is further the intent of the Legislature to (a) prohibit unfair
or unconscionable conduct toward consumers in connection with
rental-purchase transactions, (b) prohibit unfair contract terms,
including unreasonable charges, (c) prevent the forfeiture of
contract rights by consumers, (d) provide a right of reinstatement
and a reasonable formula for the exercise of purchase option rights
under a rental-purchase contract, (e) provide reasonable requirements
for the servicing, repair, and replacement of improperly functioning
rental property, and (f) cover rental-purchase transactions under
existing laws, including laws governing debt collection, cosigners,
home solicitation contracts, and warranties. This title shall be
liberally construed to achieve its remedial objectives.


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Cal. Civil Code § 1812.622. (a) "Advertisement" means a commercial message in any medium that directly or indirectly solicits or promotes one or more specific rental-purchase transactions, excluding instore merchandising aids. This definition does not limit or alter the application of other laws, including Chapter 5 (commencing with Section 17200) of Part 2 and Chapter 1 (commencing with Section 17500) of Part 3, of Division 7 of the Business and Professions Code, to rental-purchase transactions.

(b) "Consumer" means a natural person or persons who rent or lease personal property from a lessor pursuant to a rental-purchase agreement or to whom a lessor offers personal property for use pursuant to a rental-purchase agreement.

(c) "Lessor" means any person or entity that provides or offers to provide personal property for use by consumers pursuant to a rental-purchase agreement.

(d) "Rental-purchase agreement," except as otherwise provided in this subdivision, means an agreement between a lessor and a consumer pursuant to which the lessor rents or leases, for valuable consideration, personal property for use by a consumer for personal, family, or household purposes for an initial term not exceeding four months that may be renewed or otherwise extended, if under the terms of the agreement the consumer acquires an option or other legally enforceable right to become owner of the property. A rental-purchase agreement is a lease subject to Title 1.5 (commencing with Section 1750) and Title 1.7 (commencing with Section 1790).

"Rental-purchase agreement" shall not be construed to be, nor be governed by, and shall not apply to, any of the following:

(1) A retail installment sale, as defined in Section 1802.5.

(2) A retail installment contract, as defined in Section 1802.6.

(3) A retail installment account, as defined in Section 1802.7.

(4) A lease or agreement that constitutes a security interest, as defined in Section 1201 of the Commercial Code.

(5) A consumer credit contract, as defined in Section 1799.90.

(e) "Cash price" means the price of the personal property described in the rental-purchase agreement that the consumer may pay in cash to the lessor at the inception of the rental-purchase agreement to acquire ownership of that personal property.

(f) "Cost of rental" means the difference between the total of all periodic payments necessary to acquire ownership under the rental-purchase agreement and the cash price of the rental property that is subject to the rental-purchase agreement.

(g) "Fee" means any payment, charge, fee, cost, or expense, however denominated, other than a rental payment.

(h) "Appliance" means and includes any refrigerator, freezer, range including any cooktop or oven, microwave oven, washer, dryer, dishwasher, or room air conditioner or air purifier.

(i) "Electronic set" means and includes any television, radio, camera, video game, or any type of device for the recording, storage, copying, printing, transmission, display, or playback of any sound or image, but does not include any item that is part of a computer system.

(j) "Computer system" means a computer processor and a video monitor, printer, and peripheral items primarily designed for use with a computer. Audio and video devices, which are commonly used for entertainment and into which data may be downloaded from a computer, are not part of a computer system.

(k) "Lessor's cost" means the documented actual cost, including actual freight charges, of the rental property to the lessor from a wholesaler, distributor, supplier, or manufacturer and net of any discounts, rebates, and incentives.

(l) "Total of payments" means the total amount of periodic payments necessary to acquire ownership of the property that is the subject of the rental-purchase agreement if the consumer makes all regularly scheduled payments.
Cal. Civil Code § 1812.622.(a) "Advertisement" means a commercial message in any medium that
directly or indirectly solicits or promotes one or more specific
rental-purchase transactions, excluding instore merchandising aids.
This definition does not limit or alter the application of other
laws, including Chapter 5 (commencing with Section 17200) of Part 2
and Chapter 1 (commencing with Section 17500) of Part 3, of Division
7 of the Business and Professions Code, to rental-purchase
transactions.
(b) "Consumer" means a natural person or persons who rent or lease
personal property from a lessor pursuant to a rental-purchase
agreement or to whom a lessor offers personal property for use
pursuant to a rental-purchase agreement.
(c) "Lessor" means any person or entity that provides or offers to
provide personal property for use by consumers pursuant to a
rental-purchase agreement.
(d) "Rental-purchase agreement," except as otherwise provided in
this subdivision, means an agreement between a lessor and a consumer
pursuant to which the lessor rents or leases, for valuable
consideration, personal property for use by a consumer for personal,
family, or household purposes for an initial term not exceeding four
months that may be renewed or otherwise extended, if under the terms
of the agreement the consumer acquires an option or other legally
enforceable right to become owner of the property. A rental-purchase
agreement is a lease subject to Title 1.5 (commencing with Section
1750) and Title 1.7 (commencing with Section 1790).
"Rental-purchase agreement" shall not be construed to be, nor be
governed by, and shall not apply to, any of the following:
(1) A retail installment sale, as defined in Section 1802.5.
(2) A retail installment contract, as defined in Section 1802.6.
(3) A retail installment account, as defined in Section 1802.7.
(4) A lease or agreement that constitutes a security interest, as
defined in Section 1201 of the Commercial Code.
(5) A consumer credit contract, as defined in Section 1799.90.
(e) "Cash price" means the price of the personal property
described in the rental-purchase agreement that the consumer may pay
in cash to the lessor at the inception of the rental-purchase
agreement to acquire ownership of that personal property.
(f) "Cost of rental" means the difference between the total of all
periodic payments necessary to acquire ownership under the
rental-purchase agreement and the cash price of the rental property
that is subject to the rental-purchase agreement.
(g) "Fee" means any payment, charge, fee, cost, or expense,
however denominated, other than a rental payment.
(h) "Appliance" means and includes any refrigerator, freezer,
range including any cooktop or oven, microwave oven, washer, dryer,
dishwasher, or room air conditioner or air purifier.
(i) "Electronic set" means and includes any television, radio,
camera, video game, or any type of device for the recording, storage,
copying, printing, transmission, display, or playback of any sound
or image, but does not include any item that is part of a computer
system.
(j) "Computer system" means a computer processor and a video
monitor, printer, and peripheral items primarily designed for use
with a computer. Audio and video devices, which are commonly used for
entertainment and into which data may be downloaded from a computer,
are not part of a computer system.
(k) "Lessor's cost" means the documented actual cost, including
actual freight charges, of the rental property to the lessor from a
wholesaler, distributor, supplier, or manufacturer and net of any
discounts, rebates, and incentives.
(l) "Total of payments" means the total amount of periodic
payments necessary to acquire ownership of the property that is the
subject of the rental-purchase agreement if the consumer makes all
regularly scheduled payments.

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Cal. Civil Code § 1812.623.
(a) Every rental-purchase agreement shall be contained in a single document which shall set forth all of the agreements of the lessor and the consumer with respect to the rights and obligations of each party. Every rental-purchase agreement shall be written in at least 10-point type in the same language as principally used in any oral sales presentation or negotiations leading to the execution of the agreement, and shall clearly and conspicuously disclose all of the following:

(1) The names of the lessor and the consumer, the lessor's business address and telephone number, the consumer's address, the date on which the agreement is executed, and a description of the property sufficient to identify it.

(2) Whether the property subject to the rental-purchase agreement is new or used. If the property is new, the lessor shall disclose the model year or, if the model year is not known by the lessor, the date of the lessor's acquisition of the property. If the property is used, the age or the model year shall be disclosed if known by the lessor.

(3) The minimum period for which the consumer is obligated under the rental-purchase agreement; the duration of the rental-purchase agreement if all regularly scheduled periodic payments are made, designated as the "rental period"; and the amount of each periodic payment.

(4) The total of payments and the total number of periodic payments necessary to acquire ownership of the property if the renter makes all regularly scheduled periodic payments.

(5) The cash price of the property subject to the rental purchase agreement.

(6) The cost of rental.

(7) The amount and purpose of any other payment or fee permitted by this title in addition to those specified pursuant to paragraphs (3) and (4), including any late payment fee.

(8) A statement that the total number and dollar amount of payments necessary to acquire ownership of the rental property disclosed under paragraph (4) does not include other fees permitted by this title, such as late payment fees, and that the consumer should read the rental-purchase agreement for an explanation of any applicable additional fees.

(9) Whether the consumer is liable for loss or damage to the rental property and, if so, the maximum amount for which the consumer may be liable as provided in subdivision (a) of Section 1812.627.

(10) The following notice:

NOTICE

(11) A description of the consumer's right to acquire ownership of the property before the end of the rental period as provided in subdivisions (a) and (b) of Section 1812.632.

(12) A description of the consumer's reinstatement rights as provided in Section 1812.631.

(13) If warranty coverage is transferable to a consumer who acquires ownership of the property, a statement that the unexpired portion of all warranties provided by the manufacturer, distributor, or seller of the property that is the subject of the rental-purchase agreement will be transferred by the lessor to the consumer at the time the consumer acquires ownership of the property from the lessor.

(14) A description of the lessor's obligation to maintain the rental property and to repair or replace rental property that is not operating properly, as provided in Section 1812.633.

(b)

(1) The disclosures required by paragraphs (3), (4), (5), and (6) of subdivision (a) shall be printed in at least 10-point boldface type or capital letters if typed and shall be grouped together in a box formed by a heavy line in the following form: Click here to view image.

(2) The box described in paragraph (1) shall appear immediately above the space reserved for the buyer's signature.

(c) The disclosures required by paragraphs (3), (4), (5), and (6) of subdivision (a) shall be grouped together in a box formed by a heavy line in the form prescribed in subdivision (b) and shall be clearly and conspicuously placed on a tag or sticker affixed to the property available for rental-purchase. If the property available for rental-purchase is not displayed at the lessor's place of business but appears in a photograph or catalog shown to consumers, a tag or sticker shall be affixed to the photograph of the property or catalog shown to consumers or shall be given to consumers. The disclosure required by paragraph (2) of subdivision (a) also shall be clearly and conspicuously placed on the tag or sticker.

(d) All disclosures required by this section shall be printed or typed in a color or shade that clearly contrasts with the background.
Cal. Civil Code § 1812.623.(a) Every rental-purchase agreement shall be contained in
a single document which shall set forth all of the agreements of the
lessor and the consumer with respect to the rights and obligations
of each party. Every rental-purchase agreement shall be written in at
least 10-point type in the same language as principally used in any
oral sales presentation or negotiations leading to the execution of
the agreement, and shall clearly and conspicuously disclose all of
the following:
(1) The names of the lessor and the consumer, the lessor's
business address and telephone number, the consumer's address, the
date on which the agreement is executed, and a description of the
property sufficient to identify it.
(2) Whether the property subject to the rental-purchase agreement
is new or used. If the property is new, the lessor shall disclose the
model year or, if the model year is not known by the lessor, the
date of the lessor's acquisition of the property. If the property is
used, the age or the model year shall be disclosed if known by the
lessor.
(3) The minimum period for which the consumer is obligated under
the rental-purchase agreement; the duration of the rental-purchase
agreement if all regularly scheduled periodic payments are made,
designated as the "rental period"; and the amount of each periodic
payment.
(4) The total of payments and the total number of periodic
payments necessary to acquire ownership of the property if the renter
makes all regularly scheduled periodic payments.
(5) The cash price of the property subject to the rental purchase
agreement.
(6) The cost of rental.
(7) The amount and purpose of any other payment or fee permitted
by this title in addition to those specified pursuant to paragraphs
(3) and (4), including any late payment fee.
(8) A statement that the total number and dollar amount of
payments necessary to acquire ownership of the rental property
disclosed under paragraph (4) does not include other fees permitted
by this title, such as late payment fees, and that the consumer
should read the rental-purchase agreement for an explanation of any
applicable additional fees.
(9) Whether the consumer is liable for loss or damage to the
rental property and, if so, the maximum amount for which the consumer
may be liable as provided in subdivision (a) of Section 1812.627.
(10) The following notice:

NOTICE
You are renting this property. You will not own it until you make
all of the regularly scheduled payments or you use the early purchase
option.
You do not have the right to keep the property if you do not make
required payments or do not use the early purchase option. If you
miss a payment, the lessor can repossess the property, but, you may
have the right to the return of the same or similar property.
See the contract for an explanation of your rights.

(11) A description of the consumer's right to acquire ownership of
the property before the end of the rental period as provided in
subdivisions (a) and (b) of Section 1812.632.
(12) A description of the consumer's reinstatement rights as
provided in Section 1812.631.
(13) If warranty coverage is transferable to a consumer who
acquires ownership of the property, a statement that the unexpired
portion of all warranties provided by the manufacturer, distributor,
or seller of the property that is the subject of the rental-purchase
agreement will be transferred by the lessor to the consumer at the
time the consumer acquires ownership of the property from the lessor.
(14) A description of the lessor's obligation to maintain the
rental property and to repair or replace rental property that is not
operating properly, as provided in Section 1812.633.
(b) (1) The disclosures required by paragraphs (3), (4), (5), and
(6) of subdivision (a) shall be printed in at least 10-point boldface
type or capital letters if typed and shall be grouped together in a
box formed by a heavy line in the following form:

COST OF RENTAL CASH PRICE
$ $
Amount over Property available
cash at
price you will this
TOTAL OF pay price for cash
PAYMENTS if from
$ you make all the lessor. See
You must pay regular about your
this amount payments. early purchase
to option rights.
own the
property if
you make
all
the regular
payments.
You can
buy
the
property
for
less
under
the AMOUNT
early OF
purchase EACH PAYMENT
option. $ NUMBER
per OF RENTAL
PAYMENTS PERIOD
________________
(insert period)

(2) The box described in paragraph (1) shall appear immediately
above the space reserved for the buyer's signature.
(c) The disclosures required by paragraphs (3), (4), (5), and (6)
of subdivision (a) shall be grouped together in a box formed by a
heavy line in the form prescribed in subdivision (b) and shall be
clearly and conspicuously placed on a tag or sticker affixed to the
property available for rental-purchase. If the property available for
rental-purchase is not displayed at the lessor's place of business
but appears in a photograph or catalog shown to consumers, a tag or
sticker shall be affixed to the photograph of the property or catalog
shown to consumers or shall be given to consumers. The disclosure
required by paragraph (2) of subdivision (a) also shall be clearly
and conspicuously placed on the tag or sticker.
(d) All disclosures required by this section shall be printed or
typed in a color or shade that clearly contrasts with the background.


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Cal. Civil Code § 1812.624.
(a) No rental-purchase agreement or any document that the lessor requests the consumer to sign shall contain any provision by which:

(1) A power of attorney is given to confess judgment in this state or to appoint the lessor, its agents, or its successors in interest as the consumer's agent in the collection of payments or the repossession of the rental property.

(2) The consumer authorizes the lessor or its agent to commit any breach of the peace in repossessing the rental property or to enter the consumer's dwelling or other premises without obtaining the consumer's consent at the time of entry.

(3) The consumer agrees to purchase from the lessor insurance or a liability waiver against loss or damage to the rental property.

(4) The consumer waives or agrees to waive any defense, counterclaim, or right the consumer may have against the lessor, its agent, or its successor in interest.

(5) The consumer is required to pay any fee in connection with reinstatement except as provided in Section 1812.631.

(6) The consumer is required to pay a fee in connection with the pickup of the property or the termination or rescission of the rental-purchase agreement.

(7) The consumer is required to pay any fee permitted by the rental-purchase agreement and this title that is not reasonable and actually incurred by the lessor. The lessor has the burden of proof to establish that a fee was reasonable and was an actual cost incurred by the lessor.

(8) The consumer is required to pay a downpayment, more than one advance periodic rental payment, or any other payment except a security deposit permitted under Section 1812.625.

(9) Except to the extent permitted by subdivision (b) of Section 1812.627, the consumer waives any rights under Sections 1928 or 1929.

(10) The consumer grants a security interest in any property.

(11) The consumer's liability for loss or damage to the property which is the subject of the rental-purchase agreement may exceed the maximum described in subdivision (a) of Section 1812.627.

(12) Except under the circumstances authorized by subdivision (a) or (b) of Section 1812.632, the consumer is obligated to make any balloon payment. A "balloon payment" is any payment for the purchase or use of the rental property which is more than the regularly scheduled periodic payment amount.

(13) The consumer is required to pay a late payment fee that is not permitted under Section 1812.626.

(14) The consumer is required to pay both a late payment fee and a fee for the lessor's collection of a past due payment at the consumer's home or other location.

(15) The consumer waives or offers to waive any right or remedy against the lessor, its agents, or its successors in interest for any violation of this title or any other illegal act. This subdivision does not apply to a document executed in connection with the bona fide settlement, compromise, or release of a specific disputed claim.

(16) The lessor, its agents, or its successors in interest may commence any judicial action against the consumer in a county other than the county in which (A) the rental-purchase agreement was signed or (B) the consumer resides at the time the action is commenced.

(17) The amount stated as the cash price for any item of personal property exceeds the cash price permitted under Section 1812.644.

(18) The total of payments exceeds the amount permitted under Section 1812.644.

(b) Any provision in a rental-purchase agreement that is prohibited by this title shall be void and unenforceable and a violation of this title. A rental-purchase agreement which contains any provision that is prohibited by this title is voidable by the consumer.

Cal. Civil Code § 1812.624.(a) No rental-purchase agreement or any document that the
lessor requests the consumer to sign shall contain any provision by
which:
(1) A power of attorney is given to confess judgment in this state
or to appoint the lessor, its agents, or its successors in interest
as the consumer's agent in the collection of payments or the
repossession of the rental property.
(2) The consumer authorizes the lessor or its agent to commit any
breach of the peace in repossessing the rental property or to enter
the consumer's dwelling or other premises without obtaining the
consumer's consent at the time of entry.
(3) The consumer agrees to purchase from the lessor insurance or a
liability waiver against loss or damage to the rental property.
(4) The consumer waives or agrees to waive any defense,
counterclaim, or right the consumer may have against the lessor, its
agent, or its successor in interest.
(5) The consumer is required to pay any fee in connection with
reinstatement except as provided in Section 1812.631.
(6) The consumer is required to pay a fee in connection with the
pickup of the property or the termination or rescission of the
rental-purchase agreement.
(7) The consumer is required to pay any fee permitted by the
rental-purchase agreement and this title that is not reasonable and
actually incurred by the lessor. The lessor has the burden of proof
to establish that a fee was reasonable and was an actual cost
incurred by the lessor.
(8) The consumer is required to pay a downpayment, more than one
advance periodic rental payment, or any other payment except a
security deposit permitted under Section 1812.625.
(9) Except to the extent permitted by subdivision (b) of Section
1812.627, the consumer waives any rights under Sections 1928 or 1929.
(10) The consumer grants a security interest in any property.
(11) The consumer's liability for loss or damage to the property
which is the subject of the rental-purchase agreement may exceed the
maximum described in subdivision (a) of Section 1812.627.
(12) Except under the circumstances authorized by subdivision (a)
or (b) of Section 1812.632, the consumer is obligated to make any
balloon payment. A "balloon payment" is any payment for the purchase
or use of the rental property which is more than the regularly
scheduled periodic payment amount.
(13) The consumer is required to pay a late payment fee that is
not permitted under Section 1812.626.
(14) The consumer is required to pay both a late payment fee and a
fee for the lessor's collection of a past due payment at the
consumer's home or other location.
(15) The consumer waives or offers to waive any right or remedy
against the lessor, its agents, or its successors in interest for any
violation of this title or any other illegal act. This subdivision
does not apply to a document executed in connection with the bona
fide settlement, compromise, or release of a specific disputed claim.
(16) The lessor, its agents, or its successors in interest may
commence any judicial action against the consumer in a county other
than the county in which (A) the rental-purchase agreement was signed
or (B) the consumer resides at the time the action is commenced.
(17) The amount stated as the cash price for any item of personal
property exceeds the cash price permitted under Section 1812.644.
(18) The total of payments exceeds the amount permitted under
Section 1812.644.
(b) Any provision in a rental-purchase agreement that is
prohibited by this title shall be void and unenforceable and a
violation of this title. A rental-purchase agreement which contains
any provision that is prohibited by this title is voidable by the
consumer.


.

Cal. Civil Code § 1812.625.
(a) The lessor may require the consumer to pay a security deposit, however denominated, in an amount not to exceed the equivalent of one month's rental only for the purpose of satisfying any lawful claim by the lessor, up to the maximum described in subdivision (a) of Section 1812.627, for those amounts reasonably necessary to pay for the loss of the property or the repair of damage, exclusive of reasonable wear and tear.

(b) Within two weeks after the lessor has taken possession of the property from the consumer, the lessor shall deliver to the consumer the amount of the security deposit less the amount, if any, deducted for loss or repair as permitted by this title. If any amount is deducted, the lessor shall also deliver to the consumer at that time a copy of an itemized statement indicating the amount of the security deposit, the amount deducted for loss or repair, and a detailed statement of the basis for the deduction. Delivery may be made by personal delivery or by first-class mail, postage prepaid.
Cal. Civil Code § 1812.625.(a) The lessor may require the consumer to pay a security
deposit, however denominated, in an amount not to exceed the
equivalent of one month's rental only for the purpose of satisfying
any lawful claim by the lessor, up to the maximum described in
subdivision (a) of Section 1812.627, for those amounts reasonably
necessary to pay for the loss of the property or the repair of
damage, exclusive of reasonable wear and tear.
(b) Within two weeks after the lessor has taken possession of the
property from the consumer, the lessor shall deliver to the consumer
the amount of the security deposit less the amount, if any, deducted
for loss or repair as permitted by this title. If any amount is
deducted, the lessor shall also deliver to the consumer at that time
a copy of an itemized statement indicating the amount of the security
deposit, the amount deducted for loss or repair, and a detailed
statement of the basis for the deduction. Delivery may be made by
personal delivery or by first-class mail, postage prepaid.

.

Cal. Civil Code § 1812.626.
(a) The lessor may assess a late payment fee if the late payment fee is specified in the rental-purchase agreement and is permitted by this section.

(b) No fee shall be assessed for a payment which is less than three days late if the rental-purchase agreement specifies weekly periodic payments.

(c) No fee shall be assessed for a payment which is less than 7 days late if the rental-purchase agreement specifies longer than weekly periodic payments.

(d) The lessor may assess more than one late fee for a particular late payment if the total of all fees assessed for that late payment does not exceed the maximum provided in subdivision (e). If the maximum total late payment fee has been imposed for a particular payment, no additional late payment fee may be imposed for that payment.

(e) The total of all fees for a late payment shall not exceed the lesser of 5 percent of the payment or five dollars ($5), except that a minimum total fee of two dollars ($2) may be required.
Cal. Civil Code § 1812.626.(a) The lessor may assess a late payment fee if the late
payment fee is specified in the rental-purchase agreement and is
permitted by this section.
(b) No fee shall be assessed for a payment which is less than
three days late if the rental-purchase agreement specifies weekly
periodic payments.
(c) No fee shall be assessed for a payment which is less than 7
days late if the rental-purchase agreement specifies longer than
weekly periodic payments.
(d) The lessor may assess more than one late fee for a particular
late payment if the total of all fees assessed for that late payment
does not exceed the maximum provided in subdivision (e). If the
maximum total late payment fee has been imposed for a particular
payment, no additional late payment fee may be imposed for that
payment.
(e) The total of all fees for a late payment shall not exceed the
lesser of 5 percent of the payment or five dollars ($5), except that
a minimum total fee of two dollars ($2) may be required.

.

Cal. Civil Code § 1812.627.
(a) The consumer's liability for loss or damage to the property which is the subject of the rental-purchase agreement shall in no event exceed the lesser of (1) the fair market value at the time of the loss or damage or (2) the amount that would be necessary for the renter to exercise the purchase option provided in subdivision (a) of Section 1812.632.

(b) A lessor and a consumer may agree that the consumer may be liable for loss only up to the maximum amount described in subdivision (a) and only for one of the following:

(1) Loss caused by the consumer's negligent, reckless, or intentional acts.

(2) Loss caused by the theft of the property subject to the rental-purchase agreement unless one of the following is applicable:

(A) There is evidence of a burglary of the premises in which the property is located, such as physical evidence or an official report filed by the consumer with the police or other law enforcement agency.

(B) The consumer establishes by the preponderance of the evidence that the consumer has not committed or aided or abetted in the commission of the theft of the property.
Cal. Civil Code § 1812.627. (a) The consumer's liability for loss or damage to the
property which is the subject of the rental-purchase agreement shall
in no event exceed the lesser of (1) the fair market value at the
time of the loss or damage or (2) the amount that would be necessary
for the renter to exercise the purchase option provided in
subdivision (a) of Section 1812.632.
(b) A lessor and a consumer may agree that the consumer may be
liable for loss only up to the maximum amount described in
subdivision (a) and only for one of the following:
(1) Loss caused by the consumer's negligent, reckless, or
intentional acts.
(2) Loss caused by the theft of the property subject to the
rental-purchase agreement unless one of the following is applicable:
(A) There is evidence of a burglary of the premises in which the
property is located, such as physical evidence or an official report
filed by the consumer with the police or other law enforcement
agency.
(B) The consumer establishes by the preponderance of the evidence
that the consumer has not committed or aided or abetted in the
commission of the theft of the property.



.

Cal. Civil Code § 1812.628.
(a) In addition to the circumstances described in subdivision (a) of Section 1689.5, a rental-purchase agreement regardless of the amount involved shall be deemed a home solicitation contract or offer if the rental-purchase agreement has an initial term that exceeds one week and was made at other than appropriate trade premises, as defined in subdivision (b) of Section 1689.5.

(b) In addition to any other right of cancellation, a consumer has the right to cancel a rental-purchase agreement, without penalty or obligation if the consumer has not taken possession of the property.

Cal. Civil Code § 1812.628. (a) In addition to the circumstances described in
subdivision (a) of Section 1689.5, a rental-purchase agreement
regardless of the amount involved shall be deemed a home solicitation
contract or offer if the rental-purchase agreement has an initial
term that exceeds one week and was made at other than appropriate
trade premises, as defined in subdivision (b) of Section 1689.5.
(b) In addition to any other right of cancellation, a consumer has
the right to cancel a rental-purchase agreement, without penalty or
obligation if the consumer has not taken possession of the property.

.

Cal. Civil Code § 1812.629.
(a) Upon the request of the consumer, the lessor shall provide the information as required by subdivision (b) of Section 1812.623 in an exemplar of the rental-purchase agreement covering the property specified by the consumer and shall provide the consumer with a copy of the proposed rental-purchase agreement prior to its execution. The consumer may take this copy from the lessor's premises.

(b) The lessor shall not obtain the consumer's signature to a rental-purchase agreement if it contains blank spaces to be filled in after it has been signed.

(c) A copy of the fully completed rental-purchase agreement and all other documents which the lessor requests the consumer to sign shall be given to the consumer at the time they are signed. The rental-purchase agreement shall not be enforceable against the consumer until the consumer has received a signed copy.

(d) The lessor shall deliver to the consumer a written receipt for each payment made by the consumer.

Cal. Civil Code § 1812.629.(a) Upon the request of the consumer, the lessor shall
provide the information as required by subdivision (b) of Section
1812.623 in an exemplar of the rental-purchase agreement covering the
property specified by the consumer and shall provide the consumer
with a copy of the proposed rental-purchase agreement prior to its
execution. The consumer may take this copy from the lessor's
premises.
(b) The lessor shall not obtain the consumer's signature to a
rental-purchase agreement if it contains blank spaces to be filled in
after it has been signed.
(c) A copy of the fully completed rental-purchase agreement and
all other documents which the lessor requests the consumer to sign
shall be given to the consumer at the time they are signed. The
rental-purchase agreement shall not be enforceable against the
consumer until the consumer has received a signed copy.
(d) The lessor shall deliver to the consumer a written receipt for
each payment made by the consumer.

.

Cal. Civil Code § 1812.630.
(a)

(1) Any advertisement of a rental-purchase agreement that states the amount of any payment shall clearly and conspicuously disclose all of the following in the same language used in the advertisement:

(A) That the agreement advertised is a rental-purchase agreement.

(B) That the property is used if that is the case.

(C) That ownership is not acquired until all of the payments necessary to acquire ownership have been made.

(D) The total amount and number of periodic payments necessary to acquire ownership.

(2) If more than one item is advertised in one print advertisement, the lessor may comply with paragraph (1) by clearly and conspicuously including in the advertisement a table or schedule sufficient in detail to permit determination of the total amount and number of periodic payments necessary to acquire ownership of the items advertised having the highest and lowest total amount of periodic payments necessary to acquire ownership.

(b) A lessor who advertises "no credit check" or otherwise states or implies that no inquiry will be made of a consumer's credit history or creditworthiness shall not (1) make any inquiry or request a consumer to complete any document concerning the consumer's assets or credit history, (2) obtain a consumer credit report as defined in subdivision (c) of Section 1785.3, or (3) obtain an investigative consumer report as defined in subdivision (c) of Section 1786.2.

Cal. Civil Code § 1812.630. (a) (1) Any advertisement of a rental-purchase agreement
that states the amount of any payment shall clearly and conspicuously
disclose all of the following in the same language used in the
advertisement:
(A) That the agreement advertised is a rental-purchase agreement.
(B) That the property is used if that is the case.
(C) That ownership is not acquired until all of the payments
necessary to acquire ownership have been made.
(D) The total amount and number of periodic payments necessary to
acquire ownership.
(2) If more than one item is advertised in one print
advertisement, the lessor may comply with paragraph (1) by clearly
and conspicuously including in the advertisement a table or schedule
sufficient in detail to permit determination of the total amount and
number of periodic payments necessary to acquire ownership of the
items advertised having the highest and lowest total amount of
periodic payments necessary to acquire ownership.
(b) A lessor who advertises "no credit check" or otherwise states
or implies that no inquiry will be made of a consumer's credit
history or creditworthiness shall not (1) make any inquiry or request
a consumer to complete any document concerning the consumer's assets
or credit history, (2) obtain a consumer credit report as defined in
subdivision (c) of Section 1785.3, or (3) obtain an investigative
consumer report as defined in subdivision (c) of Section 1786.2.


.

Cal. Civil Code § 1812.631.
(a) A consumer may be deemed in default under the rental-purchase agreement if either of the following applies:

(1) The rental-purchase agreement, requires weekly periodic rental payments and the consumer has not made a payment by the end of the seventh day after its due date.

(2) The rental-purchase agreement requires rental payments in periodic intervals longer than one week and the consumer has not made a payment by the end of the 10th day after its due date.

(b) A consumer who is in default under a rental-purchase agreement requiring weekly periodic rental payments may reinstate the rental-purchase agreement, without losing any rights or options under that agreement, by paying all past due payments including late payment fees, by the end of the seventh day after the due date of the payment in default if the consumer retains possession of the property and within one year after the due date of the payment in default if the consumer returns or tenders the property to the lessor, unless the lessor permits the consumer to retain the property during this period.

(c) A consumer who is in default under a rental-purchase agreement requiring rental payments in periodic intervals longer than one week may reinstate the rental-purchase agreement, without losing any rights or options under that agreement, by paying all past due payments, including late payment fees, by the end of the 10th day after the due date of the payment in default if the consumer retains possession of the property and within one year after the due date of the payment in default if the consumer returns or tenders the property to the lessor, unless the lessor permits the consumer to retain the property during this period.

(d) Upon reinstatement, the lessor shall provide the consumer with the same rental property, if available, or substitute property of the same brand, if available, and comparable quality, age, condition, and warranty coverage. If substitute property is provided, the lessor shall provide the lessee with the disclosures required in paragraph (2) of subdivision (a) of Section 1812.623.

(e)

(1) Except as provided in paragraph (2), a lessor shall not deny a consumer the right of reinstatement provided in this section.

(2) This section does not apply to a consumer who has (A) stolen or unlawfully disposed of the property, (B) damaged the property as the result of the consumer's intentional, willful, wanton, or reckless conduct, or (C) defaulted in making payments as described in subdivision (a) on three consecutive occasions.

(3) If the lessor denies a consumer the right to reinstate pursuant to paragraph (2), the lessor has the burden of proof to establish that the denial was in good faith and was permitted under paragraph (2).

(f) Nothing in this subdivision prohibits the lessor from contacting the consumer provided that the lessor does not violate Section 1812.638.

Cal. Civil Code § 1812.631. (a) A consumer may be deemed in default under the
rental-purchase agreement if either of the following applies:
(1) The rental-purchase agreement requires weekly periodic rental
payments and the consumer has not made a payment by the end of the
seventh day after its due date.
(2) The rental-purchase agreement requires rental payments in
periodic intervals longer than one week and the consumer has not made
a payment by the end of the 10th day after its due date.
(b) A consumer who is in default under a rental-purchase agreement
requiring weekly periodic rental payments may reinstate the
rental-purchase agreement, without losing any rights or options under
that agreement, by paying all past due payments, including late
payment fees, by the end of the seventh day after the due date of the
payment in default if the consumer retains possession of the
property and within one year after the due date of the payment in
default if the consumer returns or tenders the property to the
lessor, unless the lessor permits the consumer to retain the property
during this period.
(c) A consumer who is in default under a rental-purchase agreement
requiring rental payments in periodic intervals longer than one week
may reinstate the rental-purchase agreement, without losing any
rights or options under that agreement, by paying all past due
payments, including late payment fees, by the end of the 10th day
after the due date of the payment in default if the consumer retains
possession of the property and within one year after the due date of
the payment in default if the consumer returns or tenders the
property to the lessor, unless the lessor permits the consumer to
retain the property during this period.
(d) Upon reinstatement, the lessor shall provide the consumer with
the same rental property, if available, or substitute property of
the same brand, if available, and comparable quality, age, condition,
and warranty coverage. If substitute property is provided, the
lessor shall provide the lessee with the disclosures required in
paragraph (2) of subdivision (a) of Section 1812.623.
(e) (1) Except as provided in paragraph (2), a lessor shall not
deny a consumer the right of reinstatement provided in this section.
(2) This section does not apply to a consumer who has (A) stolen
or unlawfully disposed of the property, (B) damaged the property as
the result of the consumer's intentional, willful, wanton, or
reckless conduct, or (C) defaulted in making payments as described in
subdivision (a) on three consecutive occasions.
(3) If the lessor denies a consumer the right to reinstate
pursuant to paragraph (2), the lessor has the burden of proof to
establish that the denial was in good faith and was permitted under
paragraph (2).
(f) Nothing in this subdivision prohibits the lessor from
contacting the consumer provided that the lessor does not violate
Section 1812.638.


.

Cal. Civil Code § 1812.632.
(a)

(1) The consumer has the right to acquire ownership of the property within three months of the date on which the consumer executed the rental-purchase agreement by tendering to the lessor an amount equal to the cash price and any past due fees less all periodic payments that the consumer has paid.

(2) Within 10 days after the consumer executes the rental purchase agreement, the lessor shall personally deliver or send by first-class mail to the consumer a notice informing the consumer of the right described in paragraph (1), including the amount the consumer must pay to acquire ownership and the date by which payment must be made. The statement shall not be accompanied by any other written information including solicitations for other rental-purchase agreements.

(b) After the expiration of the three-month period following the execution of the rental-purchase agreement, the consumer has the right to acquire ownership of the property at any time by tendering to the lessor all past due payments and fees and an amount equal to the cash price stated in the rental-purchase agreement multiplied by a fraction that has as its numerator the number of periodic payments remaining under the agreement and that has as its denominator the total number of periodic payments.

(c)

(1) The lessor shall, in connection with a consumer's rights under subdivision (b), provide the consumer with a written statement in the manner set forth in paragraph (2) below that clearly states (A) the total amount the consumer would have to pay to acquire ownership of the rental property if the consumer makes all regularly scheduled payments remaining under the rental-purchase agreement and (B) the total amount the consumer would have to pay to acquire ownership of that property pursuant to subdivision (a).

(2) The statement required by paragraph (1) shall be personally delivered or sent by first-class mail to the consumer within seven days after (A) the date the consumer requests information about the amount required to purchase the rental property and (B) the date the consumer has made one-half of the total number of periodic payments required to acquire ownership of the rental property. The statement shall not be accompanied by any other written information including solicitations for other rental-purchase agreements.

(d)

(1) Subject to paragraph (2), if any consumer who has signed the rental-purchase agreement has experienced an interruption or reduction of 25 percent or more of income due to involuntary job loss, involuntary reduced employment, illness, pregnancy, or disability after one-half or more of the total amount of the periodic payments necessary to acquire ownership under the agreement has been paid, the lessor shall reduce the amount of each periodic rental payment by (A) the percentage of the reduction in the consumer's income or (B) 50 percent, whichever is less, for the period during which the consumer's income is interrupted or reduced. If payments are reduced, the total dollar amount of payments necessary to acquire ownership shall not be increased, and the rights and duties of the lessor and the consumer shall not otherwise be affected. When the consumer's income is restored, the lessor may increase the amount of rental payments, but in no event shall rental payments exceed the originally scheduled amount of rental payments.

(2) Paragraph (1) applies only after the consumer provides to the lessor some evidence of the amount and cause of the interruption or reduction of income.

Cal. Civil Code § 1812.632. (a) (1) The consumer has the right to acquire ownership
of the property within three months of the date on which the consumer
executed the rental-purchase agreement by tendering to the lessor an
amount equal to the cash price and any past due fees less all
periodic payments that the consumer has paid.
(2) Within 10 days after the consumer executes the rental purchase
agreement, the lessor shall personally deliver or send by
first-class mail to the consumer a notice informing the consumer of
the right described in paragraph (1), including the amount the
consumer must pay to acquire ownership and the date by which payment
must be made. The statement shall not be accompanied by any other
written information including solicitations for other rental-purchase
agreements.
(b) After the expiration of the three-month period following the
execution of the rental-purchase agreement, the consumer has the
right to acquire ownership of the property at any time by tendering
to the lessor all past due payments and fees and an amount equal to
the cash price stated in the rental-purchase agreement multiplied by
a fraction that has as its numerator the number of periodic payments
remaining under the agreement and that has as its denominator the
total number of periodic payments.
(c) (1) The lessor shall, in connection with a consumer's rights
under subdivision (b), provide the consumer with a written statement
in the manner set forth in paragraph (2) below that clearly states
(A) the total amount the consumer would have to pay to acquire
ownership of the rental property if the consumer makes all regularly
scheduled payments remaining under the rental-purchase agreement and
(B) the total amount the consumer would have to pay to acquire
ownership of that property pursuant to subdivision (a).
(2) The statement required by paragraph (1) shall be personally
delivered or sent by first-class mail to the consumer within seven
days after (A) the date the consumer requests information about the
amount required to purchase the rental property and (B) the date the
consumer has made one-half of the total number of periodic payments
required to acquire ownership of the rental property. The statement
shall not be accompanied by any other written information including
solicitations for other rental-purchase agreements.
(d) (1) Subject to paragraph (2), if any consumer who has signed
the rental-purchase agreement has experienced an interruption or
reduction of 25 percent or more of income due to involuntary job
loss, involuntary reduced employment, illness, pregnancy, or
disability after one-half or more of the total amount of the periodic
payments necessary to acquire ownership under the agreement has been
paid, the lessor shall reduce the amount of each periodic rental
payment by (A) the percentage of the reduction in the consumer's
income or (B) 50 percent, whichever is less, for the period during
which the consumer's income is interrupted or reduced. If payments
are reduced, the total dollar amount of payments necessary to acquire
ownership shall not be increased, and the rights and duties of the
lessor and the consumer shall not otherwise be affected. When the
consumer's income is restored, the lessor may increase the amount of
rental payments, but in no event shall rental payments exceed the
originally scheduled amount of rental payments.
(2) Paragraph (1) applies only after the consumer provides to the
lessor some evidence of the amount and cause of the interruption or
reduction of income.


.

Cal. Civil Code § 1812.633.
(a) The lessor shall maintain the property subject to the rental-purchase agreement in good working order while the agreement is in effect without charging any fee to the consumer in addition to the regularly scheduled rental payments set forth in the rental-purchase agreement.

(b) By the end of the second business day following the day on which the lessor received notice from the consumer that the property is not operating properly, the lessor shall repair or replace the property without any fee to the consumer in addition to the regularly scheduled rental payments set forth in the rental-purchase agreement.

(c) If a repair or replacement cannot be immediately effected, the lessor shall temporarily substitute property of comparable quality and condition while repairs are being effected. If repairs cannot be completed to the reasonable satisfaction of the consumer within 30 days after the lessor receives notice from the consumer or within a longer period voluntarily agreed to by the consumer, the lessor shall permanently replace the property.

(d) All replacement property shall be the same brand, if available, and comparable in quality, age, condition, and warranty coverage to the replaced property. If the same brand is not available, the brand of the replacement property shall be agreeable to the consumer.

(e) All of the consumer's and lessor's rights and obligations under the rental-purchase agreement and this title that applied to the property originally subject to the rental-purchase agreement shall apply to any replacement property.

(f) The consumer shall not be charged, or held liable for, any rental fee for any period of time during which the property that is the subject of the rental-purchase agreement or any property substituted for it pursuant to this section is not in good working order.

(g) This section does not apply to the repair of damage resulting from the consumer's intentional, willful, wanton, reckless, or negligent conduct. If the lessor does not comply with this section because of this subdivision, the lessor has the burden of proof to establish that noncompliance was justified and in good faith.

(h) A lessor shall not deliver to a consumer any property which the lessor knows or has reason to know is defective.

Cal. Civil Code § 1812.633.(a) The lessor shall maintain the property subject to the
rental-purchase agreement in good working order while the agreement
is in effect without charging any fee to the consumer in addition to
the regularly scheduled rental payments set forth in the
rental-purchase agreement.
(b) By the end of the second business day following the day on
which the lessor received notice from the consumer that the property
is not operating properly, the lessor shall repair or replace the
property without any fee to the consumer in addition to the regularly
scheduled rental payments set forth in the rental-purchase
agreement.
(c) If a repair or replacement cannot be immediately effected, the
lessor shall temporarily substitute property of comparable quality
and condition while repairs are being effected. If repairs cannot be
completed to the reasonable satisfaction of the consumer within 30
days after the lessor receives notice from the consumer or within a
longer period voluntarily agreed to by the consumer, the lessor shall
permanently replace the property.
(d) All replacement property shall be the same brand, if
available, and comparable in quality, age, condition, and warranty
coverage to the replaced property. If the same brand is not
available, the brand of the replacement property shall be agreeable
to the consumer.
(e) All of the consumer's and lessor's rights and obligations
under the rental-purchase agreement and this title that applied to
the property originally subject to the rental-purchase agreement
shall apply to any replacement property.
(f) The consumer shall not be charged, or held liable for, any
rental fee for any period of time during which the property that is
the subject of the rental-purchase agreement or any property
substituted for it pursuant to this section is not in good working
order.
(g) This section does not apply to the repair of damage resulting
from the consumer's intentional, willful, wanton, reckless, or
negligent conduct. If the lessor does not comply with this section
because of this subdivision, the lessor has the burden of proof to
establish that noncompliance was justified and in good faith.
(h) A lessor shall not deliver to a consumer any property which
the lessor knows or has reason to know is defective.



.

Cal. Civil Code § 1812.634.
When the lessor transfers ownership of the rental property, the lessor shall also transfer to the consumer the unexpired portion of any transferable warranties provided by the manufacturer, distributor, or seller of the rental property, and these warranties shall apply as if the consumer were the original purchaser of the goods.
Cal. Civil Code § 1812.634.When the lessor transfers ownership of the rental
property, the lessor shall also transfer to the consumer the
unexpired portion of any transferable warranties provided by the
manufacturer, distributor, or seller of the rental property, and
these warranties shall apply as if the consumer were the original
purchaser of the goods.

.

Cal. Civil Code § 1812.635.
(a) A lessor shall not sell, or offer for sale, a service contract for the rental property if that service contract provides any coverage while the rental-purchase agreement is in effect.

(b) A lessor may sell, or offer for sale, a service contract providing coverage for the rental property after the consumer acquires ownership of that property, if both of the following conditions are satisfied:

(1) The lessor does not sell, or offer to sell, the service contract before (A) the consumer pays at least one-half of the total number of periodic payments necessary to acquire ownership of the property or (B) the consumer acquires ownership of the property, as provided in Section 1812.632, whichever occurs first.

(2) The lessor clearly and conspicuously indicates to the consumer in writing before the consumer's purchase of the service contract that the purchase is optional.

(c) If the consumer chooses to purchase a service contract before the expiration of the rental-purchase agreement and defaults or otherwise does not make all payments necessary to acquire ownership within the rental period specified in the agreement, the lessor shall refund all consideration paid for the service contract to the consumer within two weeks after the lessor has received the consumer's last rental payment. This subdivision does not limit or alter any of the consumer's cancellation or refund rights under the service contract or under other provisions of law.

(d) "Service contract" has the meaning set forth in subdivision (o) of Section 1791.

Cal. Civil Code § 1812.635.(a) A lessor shall not sell, or offer for sale, a service
contract for the rental property if that service contract provides
any coverage while the rental-purchase agreement is in effect.
(b) A lessor may sell, or offer for sale, a service contract
providing coverage for the rental property after the consumer
acquires ownership of that property, if both of the following
conditions are satisfied:
(1) The lessor does not sell, or offer to sell, the service
contract before (A) the consumer pays at least one-half of the total
number of periodic payments necessary to acquire ownership of the
property or (B) the consumer acquires ownership of the property, as
provided in Section 1812.632, whichever occurs first.
(2) The lessor clearly and conspicuously indicates to the consumer
in writing before the consumer's purchase of the service contract
that the purchase is optional.
(c) If the consumer chooses to purchase a service contract before
the expiration of the rental-purchase agreement and defaults or
otherwise does not make all payments necessary to acquire ownership
within the rental period specified in the agreement, the lessor shall
refund all consideration paid for the service contract to the
consumer within two weeks after the lessor has received the consumer's last rental payment. This subdivision does not limit or alter any
of the consumer's cancellation or refund rights under the service
contract or under other provisions of law.
(d) "Service contract" has the meaning set forth in subdivision
(o) of Section 1791.



.

Cal. Civil Code § 1812.636.
(a) A consumer damaged by a violation of this title by a lessor is entitled to recover all of the following:

(1) Actual damages.

(2) Twenty-five percent of an amount equal to the total amount of payments required to obtain ownership if all payments were made under the rental-purchase agreement, but not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000).

(3) The consumer's reasonable attorney's fees and court costs.

(4) Exemplary damages, in the amount the court deems proper, for intentional or willful violations of this title.

(5) Equitable relief as the court deems proper.

(b) Where more than one consumer is a party to a rental-purchase agreement, the limitations of subdivision (a) shall apply to all those consumers in the aggregate, and no more than one recovery shall be permitted for each violation.

Cal. Civil Code § 1812.636.(a) A consumer damaged by a violation of this title by a
lessor is entitled to recover all of the following:
(1) Actual damages.
(2) Twenty-five percent of an amount equal to the total amount of
payments required to obtain ownership if all payments were made under
the rental-purchase agreement, but not less than one hundred dollars
($100) nor more than one thousand dollars ($1,000).
(3) The consumer's reasonable attorney's fees and court costs.
(4) Exemplary damages, in the amount the court deems proper, for
intentional or willful violations of this title.
(5) Equitable relief as the court deems proper.
(b) Where more than one consumer is a party to a rental-purchase
agreement, the limitations of subdivision (a) shall apply to all
those consumers in the aggregate, and no more than one recovery shall
be permitted for each violation.


.

Cal. Civil Code § 1812.637.(a) A lessor is not liable for a violation of this title if, before the 30th calendar day after the date the lessor discovers a bona fide error and before an action under this title is filed or written notice of the error is received by the lessor from the consumer, the lessor gives the consumer written notice of the error. "Bona fide error," as used in this section, means a violation that was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid that error. Examples of a bona fide error include clerical errors, calculation errors, errors due to unintentionally improper computer programming or data entry, and printing errors, but does not include an error of legal judgment with respect to a lessor's obligations under this title.

(b) Notwithstanding subdivision (a), if the lessor notifies the consumer of a bona fide error the correction of which would increase the amount of any payment, the lessor may not collect the amount of the increase, and the consumer may enforce the rental-purchase agreement as initially written.

(c) Notwithstanding subdivision (a), if the lessor notifies the consumer of a bona fide error the correction of which would lower the amount of any payment, the lessor shall immediately refund to the consumer the difference between what the consumer paid and what the consumer should have paid if the agreement were correct at the inception of the transaction.
Cal. Civil Code § 1812.637.(a) A lessor is not liable for a violation of this title
if, before the 30th calendar day after the date the lessor discovers
a bona fide error and before an action under this title is filed or
written notice of the error is received by the lessor from the
consumer, the lessor gives the consumer written notice of the error.
"Bona fide error," as used in this section, means a violation that
was not intentional and resulted from a bona fide error
notwithstanding the maintenance of procedures reasonably adapted to
avoid that error. Examples of a bona fide error include clerical
errors, calculation errors, errors due to unintentionally improper
computer programming or data entry, and printing errors, but does not
include an error of legal judgment with respect to a lessor's
obligations under this title.
(b) Notwithstanding subdivision (a), if the lessor notifies the
consumer of a bona fide error the correction of which would increase
the amount of any payment, the lessor may not collect the amount of
the increase, and the consumer may enforce the rental-purchase
agreement as initially written.
(c) Notwithstanding subdivision (a), if the lessor notifies the
consumer of a bona fide error the correction of which would lower the
amount of any payment, the lessor shall immediately refund to the
consumer the difference between what the consumer paid and what the
consumer should have paid if the agreement were correct at the
inception of the transaction.


.

Cal. Civil Code § 1812.638.
(a) A lessor shall not engage in any unfair, unlawful, or deceptive conduct, or make any untrue or misleading statement in connection with the collection of any payment owed by a consumer or the repossession of any property or attempt to collect or collect any payment in a manner that would be unlawful to collect a debt pursuant to Title 1.6C (commencing with Section 1788).

(b) All of the following apply to any communication by a lessor with any person other than the consumer for the purpose of acquiring information about the location of a consumer or of any rental property:

(1) The lessor shall identify itself and state that the lessor is confirming or correcting location information concerning the consumer.

(2) The lessor shall not communicate with any person more than once unless requested to do so by the person or unless the lessor reasonably believes that the earlier response is erroneous or incomplete and that the person now has correct or complete location information.

(3) The lessor shall not communicate by postcard.

(4) The lessor shall not use any language or symbol on any envelope or in the contents of any communication that indicates that the communication relates to the collection of any payment or the recovery or repossession of rental property.

(5) The lessor shall not communicate with any person other than the consumer's attorney, after the lessor knows the consumer is represented by an attorney with regard to the rental-purchase agreement and has knowledge of, or can readily ascertain, the attorney's name and address, unless the attorney fails to respond within a reasonable period of time to communication from the lessor or unless the attorney consents to direct communication with the consumer.

(c) Without the prior consent of the consumer given directly to the lessor or the express permission of a court of competent jurisdiction, a lessor shall not communicate with a consumer in connection with the collection of any payment or the recovery or repossession of rental property at any of the following:

(1) The consumer's place of employment.

(2) Any unusual time or place or a time or place known or that should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a lessor shall assume that the convenient time for communicating with a consumer is after 8 a.m. and before 9 p.m., local time at the consumer's location.

(d) A lessor shall not communicate, in connection with the rental-purchase agreement, with any person other than the consumer, the consumer's attorney, or the lessor's attorney, except to the extent the communication is any of the following:

(1) Reasonably necessary to acquire location information concerning the consumer or the rental property, as provided in subdivision (b).

(2) Upon the prior consent of the consumer given directly to the lessor.

(3) Upon the express permission of a court of competent jurisdiction.

(4) Reasonably necessary to effectuate a postjudgment judicial remedy.

(e) If a consumer notifies the lessor in writing that the consumer wishes the lessor to cease further communication with the consumer, the lessor shall not communicate further with the consumer with respect to the rental-purchase agreement, except for any of the following:

(1) To advise the consumer that the lessor's further efforts are being terminated.

(2) To notify the consumer that the lessor may invoke specified remedies allowable by law which are ordinarily invoked by the lessor.

(3) Where necessary to effectuate any postjudgment remedy.

(f) A lessor shall not harass, oppress, or abuse any person in connection with a rental-purchase agreement, including engaging in any of the following conduct:

(1) Using or threatening the use of violence or any criminal means to harm the physical person, reputation, or property of any person.

(2) Using obscene, profane, or abusive language.

(3) Causing a telephone to ring, or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person.

(4) Placing telephone calls without disclosure of the caller's identity.

Cal. Civil Code § 1812.638.(a) A lessor shall not engage in any unfair, unlawful, or
deceptive conduct, or make any untrue or misleading statement in
connection with the collection of any payment owed by a consumer or
the repossession of any property or attempt to collect or collect any
payment in a manner that would be unlawful to collect a debt
pursuant to Title 1.6C (commencing with Section 1788).
(b) All of the following apply to any communication by a lessor
with any person other than the consumer for the purpose of acquiring
information about the location of a consumer or of any rental
property:
(1) The lessor shall identify itself and state that the lessor is
confirming or correcting location information concerning the
consumer.
(2) The lessor shall not communicate with any person more than
once unless requested to do so by the person or unless the lessor
reasonably believes that the earlier response is erroneous or
incomplete and that the person now has correct or complete location
information.
(3) The lessor shall not communicate by postcard.
(4) The lessor shall not use any language or symbol on any
envelope or in the contents of any communication that indicates that
the communication relates to the collection of any payment or the
recovery or repossession of rental property.
(5) The lessor shall not communicate with any person other than
the consumer's attorney, after the lessor knows the consumer is
represented by an attorney with regard to the rental-purchase
agreement and has knowledge of, or can readily ascertain, the
attorney's name and address, unless the attorney fails to respond
within a reasonable period of time to communication from the lessor
or unless the attorney consents to direct communication with the
consumer.
(c) Without the prior consent of the consumer given directly to
the lessor or the express permission of a court of competent
jurisdiction, a lessor shall not communicate with a consumer in
connection with the collection of any payment or the recovery or
repossession of rental property at any of the following:
(1) The consumer's place of employment.
(2) Any unusual time or place or a time or place known or that
should be known to be inconvenient to the consumer. In the absence of
knowledge of circumstances to the contrary, a lessor shall assume
that the convenient time for communicating with a consumer is after 8
a.m. and before 9 p.m., local time at the consumer's location.
(d) A lessor shall not communicate, in connection with the
rental-purchase agreement, with any person other than the consumer,
the consumer's attorney, or the lessor's attorney, except to the
extent the communication is any of the following:
(1) Reasonably necessary to acquire location information
concerning the consumer or the rental property, as provided in
subdivision (b).
(2) Upon the prior consent of the consumer given directly to the
lessor.
(3) Upon the express permission of a court of competent
jurisdiction.
(4) Reasonably necessary to effectuate a postjudgment judicial
remedy.
(e) If a consumer notifies the lessor in writing that the consumer
wishes the lessor to cease further communication with the consumer,
the lessor shall not communicate further with the consumer with
respect to the rental-purchase agreement, except for any of the
following:
(1) To advise the consumer that the lessor's further efforts are
being terminated.
(2) To notify the consumer that the lessor may invoke specified
remedies allowable by law which are ordinarily invoked by the lessor.
(3) Where necessary to effectuate any postjudgment remedy.
(f) A lessor shall not harass, oppress, or abuse any person in
connection with a rental-purchase agreement, including engaging in
any of the following conduct:
(1) Using or threatening the use of violence or any criminal means
to harm the physical person, reputation, or property of any person.
(2) Using obscene, profane, or abusive language.
(3) Causing a telephone to ring, or engaging any person in
telephone conversation repeatedly or continuously with intent to
annoy, abuse, or harass any person.
(4) Placing telephone calls without disclosure of the caller's
identity.

.

Cal. Civil Code § 1812.639.

A lessor shall not engage in any unfair, unlawful, or deceptive conduct or make any untrue or misleading statement in connection with a rental-purchase agreement, including any violation of this title.
Cal. Civil Code § 1812.639.A lessor shall not engage in any unfair, unlawful, or
deceptive conduct or make any untrue or misleading statement in
connection with a rental-purchase agreement, including any violation
of this title.


.

Cal. Civil Code § 1812.640.
A lessor shall not report any late payment, default, or repossession to a consumer credit reporting agency, as defined in subdivision (d) of Section 1785.3, or to an investigative consumer reporting agency, as defined in subdivision (d) of Section 1786.2 if the lessor (a) advertises "no credit check" or otherwise states or implies that no inquiry will be made of a consumer's credit history or creditworthiness or (b) does not obtain a consumer credit report or investigative consumer report on a consumer before entering into a rental-purchase agreement with that consumer.
Cal. Civil Code § 1812.640.A lessor shall not report any late payment, default, or
repossession to a consumer credit reporting agency, as defined in
subdivision (d) of Section 1785.3, or to an investigative consumer
reporting agency, as defined in subdivision (d) of Section 1786.2 if
the lessor (a) advertises "no credit check" or otherwise states or
implies that no inquiry will be made of a consumer's credit history
or creditworthiness or (b) does not obtain a consumer credit report
or investigative consumer report on a consumer before entering into a
rental-purchase agreement with that consumer.


.

Cal. Civil Code § 1812.641.
(a) A lessor shall not send any solicitation or other promotional material to a person identified by the consumer as a reference to verify the consumer's income, assets, credit history, or residence unless all of the following occur:

(1) The lessor clearly discloses in the rental-purchase agreement or application that (A) the lessor may send solicitations or other promotional material to references provided by the consumer unless the consumer objects and (B) the consumer has the right to object without incurring any additional rental charge or fee or any loss of contractual rights.

(2) A space on the rental-purchase agreement or application adjacent to the disclosure described in paragraph (1) is provided for the consumer to indicate the consumer's approval or disapproval of the lessor's sending solicitations or other promotional material.

(3) The consumer affirmatively indicates approval.

(4) The lessor does not vary any term required to be disclosed pursuant to Section 1812.623 depending on whether the consumer approves or disapproves of the lessor's sending of solicitations or other promotional material to references.

(b) The first solicitation or other promotional material directed to a person whom the consumer has identified as a reference shall clearly offer the reference the opportunity, without cost, to instruct the lessor to refrain from sending further solicitations or other promotional material to the reference. If so instructed, the lessor shall not send any further solicitations or other promotional material to the reference and shall remove the reference's name and address from the lessor's mailing list.

(c) This section shall not apply to solicitations or other promotional material sent generally to people solely on the basis of demographic, geographic, or postal zip code criteria and without regard to whether the people have been identified as references by consumers.

Cal. Civil Code § 1812.641.(a) A lessor shall not send any solicitation or other
promotional material to a person identified by the consumer as a
reference to verify the consumer's income, assets, credit history, or
residence unless all of the following occur:
(1) The lessor clearly discloses in the rental-purchase agreement
or application that (A) the lessor may send solicitations or other
promotional material to references provided by the consumer unless
the consumer objects and (B) the consumer has the right to object
without incurring any additional rental charge or fee or any loss of
contractual rights.
(2) A space on the rental-purchase agreement or application
adjacent to the disclosure described in paragraph (1) is provided for
the consumer to indicate the consumer's approval or disapproval of
the lessor's sending solicitations or other promotional material.
(3) The consumer affirmatively indicates approval.
(4) The lessor does not vary any term required to be disclosed
pursuant to Section 1812.623 depending on whether the consumer
approves or disapproves of the lessor's sending of solicitations or
other promotional material to references.
(b) The first solicitation or other promotional material directed
to a person whom the consumer has identified as a reference shall
clearly offer the reference the opportunity, without cost, to
instruct the lessor to refrain from sending further solicitations or
other promotional material to the reference. If so instructed, the
lessor shall not send any further solicitations or other promotional
material to the reference and shall remove the reference's name and
address from the lessor's mailing list.
(c) This section shall not apply to solicitations or other
promotional material sent generally to people solely on the basis of
demographic, geographic, or postal zip code criteria and without
regard to whether the people have been identified as references by
consumers.


.

Cal. Civil Code § 1812.642.
A lessor shall not discriminate against a prospective consumer on any ground that would be a prohibited basis for a creditor to discriminate against an applicant for credit as provided in the Equal Credit Opportunity Act (15 U.S.C. Sec. 1691 et seq.) and Regulation B (12 C.F.R. Part 202) as if they applied to a rental-purchase agreement. Nothing in this section shall be construed in any manner to mean that a rental-purchase agreement is a credit transaction.
Cal. Civil Code § 1812.642.A lessor shall not discriminate against a prospective
consumer on any ground that would be a prohibited basis for a
creditor to discriminate against an applicant for credit as provided
in the Equal Credit Opportunity Act (15 U.S.C. Sec. 1691 et seq.) and
Regulation B (12 C.F.R. Part 202) as if they applied to a
rental-purchase agreement. Nothing in this section shall be construed
in any manner to mean that a rental-purchase agreement is a credit
transaction.

.

Cal. Civil Code § 1812.643.(a) Except as provided in subdivision (b), a lessor who obtains the signature of more than one person on a rental-purchase agreement shall deliver the notice set forth in subdivision (c) to each person before that person signs the agreement.

(b) This section does not apply if the persons signing the agreement are married to each other or in fact receive possession of the property described in the agreement.

(c) The notice required by this section is as follows:

"NOTICE TO COSIGNER

If you sign this contract, you will have the same responsibility for the property and the same obligation to make payments that every renter has.

If any renter does not pay, you may have to pay the full amount owed, including late fees, and you may have to pay for certain loss or damage to the property.

The lessor may collect from you without first trying to collect from any other renter. The lessor can use the same collection methods against you that can be used against any renter, such as suing you or garnishing your wages.

This notice is not the contract that makes you responsible.

Before you sign, be sure you can afford to pay if you have to, and that you want to accept this responsibility."

(d) The notice required by subdivision (c) shall be printed in at least 10-point boldface type in English and Spanish. If the rental-purchase agreement is required to be written in a language other than English or Spanish, the notice shall be written in English and, in addition or in lieu of Spanish, in that other language.

(e) If the notice set forth in subdivision (c) is included with the text of the rental-purchase agreement, the notice shall appear immediately above or adjacent to the disclosures required by subdivision (b) of Section 1812.623. If the notice is not included with the text of the agreement, the notice shall be on a separate sheet which shall not contain any other text except as is necessary to identify the lessor and agreement to which the notice refers and to provide for the date and the person's acknowledgment of receipt.

(f) The lessor shall give each person entitled to notice under this section a copy of the completed rental-purchase agreement before obtaining that person's signature.

(g) If a person entitled to receive notice and a copy of the rental-purchase agreement under this section does not receive the notice or agreement in the manner required, that person has no liability in connection with the rental-purchase transaction.
Cal. Civil Code § 1812.643.(a) Except as provided in subdivision (b), a lessor who
obtains the signature of more than one person on a rental-purchase
agreement shall deliver the notice set forth in subdivision (c) to
each person before that person signs the agreement.
(b) This section does not apply if the persons signing the
agreement are married to each other or in fact receive possession of
the property described in the agreement.
(c) The notice required by this section is as follows:
"NOTICE TO COSIGNER
If you sign this contract, you will have the same responsibility
for the property and the same obligation to make payments that every
renter has.
If any renter does not pay, you may have to pay the full amount
owed, including late fees, and you may have to pay for certain loss
or damage to the property.
The lessor may collect from you without first trying to collect
from any other renter. The lessor can use the same collection methods
against you that can be used against any renter, such as suing you
or garnishing your wages.
This notice is not the contract that makes you responsible.
Before you sign, be sure you can afford to pay if you have to, and
that you want to accept this responsibility."

(d) The notice required by subdivision (c) shall be printed in at
least 10-point boldface type in English and Spanish. If the
rental-purchase agreement is required to be written in a language
other than English or Spanish, the notice shall be written in English
and, in addition or in lieu of Spanish, in that other language.
(e) If the notice set forth in subdivision (c) is included with
the text of the rental-purchase agreement, the notice shall appear
immediately above or adjacent to the disclosures required by
subdivision (b) of Section 1812.623. If the notice is not included
with the text of the agreement, the notice shall be on a separate
sheet which shall not contain any other text except as is necessary
to identify the lessor and agreement to which the notice refers and
to provide for the date and the person's acknowledgment of receipt.
(f) The lessor shall give each person entitled to notice under
this section a copy of the completed rental-purchase agreement before
obtaining that person's signature.
(g) If a person entitled to receive notice and a copy of the
rental-purchase agreement under this section does not receive the
notice or agreement in the manner required, that person has no
liability in connection with the rental-purchase transaction.


.

Cal. Civil Code § 1812.644.
(a) A lessor shall maintain records that establish the lessor's cost, as defined in subdivision (k) of Section 1812.622, for each item of personal property that is the subject of the rental-purchase agreement. A copy of each rental-purchase agreement and of the records required by this subdivision shall be maintained for two years following the termination of the agreement.

(b) The maximum cash price for the lessor's first rental of the property that is the subject of the rental-purchase agreement may not exceed 1.65 times the lessor's cost for computer systems and appliances, 1.7 times the lessor's cost for electronic sets, 1.9 times the lessor's cost for automotive accessories, furniture, jewelry, and musical instruments, and 1.65 times the lessor's cost for all other items.

(c) The maximum total of payments may not exceed 2.25 times the maximum cash price that could have been charged for the first rental of the property under subdivision (b).

(d) The maximum total of payments for the lessor's second and subsequent rental of the property that is the subject of the rental-purchase agreement may not exceed the maximum total of payments permitted under subdivision (c) for the first rental of that property less (1) for appliances and electronic sets, one-third the amount of all rental payments paid to the lessor by consumers who previously rented that property or (2) for furniture, computer systems, and all other items, one-half the amount of all rental payments paid to the lessor by consumers who previously rented that property.

(e) The maximum cash price for property on its second or subsequent rental may not exceed the maximum total of payments for that property as permitted under subdivision (d) divided by 2.25.

(f) Upon the written request of the Attorney General, any district attorney or city attorney, or the Director of the Department of Consumer Affairs, a lessor shall provide copies of the records described in this section.

(g) If a lessor willfully discloses a cash price or a total of payments that exceeds the amount permitted by this section, the rental-purchase agreement is void, the consumer shall retain the property without any obligation, and the lessor shall refund to the consumer all amounts paid.
Cal. Civil Code § 1812.644.(a) A lessor shall maintain records that establish the
lessor's cost, as defined in subdivision (k) of Section 1812.622, for
each item of personal property that is the subject of the
rental-purchase agreement. A copy of each rental-purchase agreement
and of the records required by this subdivision shall be maintained
for two years following the termination of the agreement.
(b) The maximum cash price for the lessor's first rental of the
property that is the subject of the rental-purchase agreement may not
exceed 1.65 times the lessor's cost for computer systems and
appliances, 1.7 times the lessor's cost for electronic sets, 1.9
times the lessor's cost for automotive accessories, furniture,
jewelry, and musical instruments, and 1.65 times the lessor's cost
for all other items.
(c) The maximum total of payments may not exceed 2.25 times the
maximum cash price that could have been charged for the first rental
of the property under subdivision (b).
(d) The maximum total of payments for the lessor's second and
subsequent rental of the property that is the subject of the
rental-purchase agreement may not exceed the maximum total of
payments permitted under subdivision (c) for the first rental of that
property less (1) for appliances and electronic sets, one-third the
amount of all rental payments paid to the lessor by consumers who
previously rented that property or (2) for furniture, computer
systems, and all other items, one-half the amount of all rental
payments paid to the lessor by consumers who previously rented that
property.
(e) The maximum cash price for property on its second or
subsequent rental may not exceed the maximum total of payments for
that property as permitted under subdivision (d) divided by 2.25.
(f) Upon the written request of the Attorney General, any district
attorney or city attorney, or the Director of the Department of
Consumer Affairs, a lessor shall provide copies of the records
described in this section.
(g) If a lessor willfully discloses a cash price or a total of
payments that exceeds the amount permitted by this section, the
rental-purchase agreement is void, the consumer shall retain the
property without any obligation, and the lessor shall refund to the
consumer all amounts paid.

.

Cal. Civil Code § 1785.20.
(a) If any person takes any adverse action with respect to any consumer, and the adverse action is based, in whole or in part, on any information contained in a consumer credit report, that person shall do all of the following:

(1) Provide written notice of the adverse action to the consumer.

(2) Provide the consumer with the name, address, and telephone number of the consumer credit reporting agency which furnished the report to the person.

(3) Provide a statement that the credit grantor's decision to take adverse action was based in whole or in part upon information contained in a consumer credit report.

(4) Provide the consumer with a written notice of the following rights of the consumer:

(A) The right of the consumer to obtain within 60 days a free copy of the consumer's consumer credit report from the consumer credit reporting agency identified pursuant to paragraph (2) and from any other consumer credit reporting agency which compiles and maintains files on consumers on a nationwide basis.

(B) The right of the consumer under Section 1785.16 to dispute the accuracy or completeness of any information in a consumer credit report furnished by the consumer credit reporting agency.

(b) Whenever credit or insurance for personal, family, or household purposes involving a consumer is denied or the charge for such credit is increased either wholly or in part because of information obtained from a person other than a consumer credit reporting agency bearing upon consumer's credit worthiness or credit standing, the user of that information shall, within a reasonable period of time, and upon the consumer's written request for the reasons for that adverse action received within 60 days after learning of the adverse action, disclose the nature and substance of the information to the consumer. The user of the information shall clearly and accurately disclose to the consumer his or her right to make such a written request at the time the adverse action is communicated to the consumer.

(c) No person shall be held liable for any violation of this section if he or she shows by a preponderance of the evidence that at the time of the alleged violation he or she maintained reasonable procedures to assure compliance with this section.

(d) Nothing in this chapter shall excuse compliance with the requirements of Section 1787.2.

Cal. Civil Code § 1785.20.(a) If any person takes any adverse action with respect to
any consumer, and the adverse action is based, in whole or in part,
on any information contained in a consumer credit report, that person
shall do all of the following:
(1) Provide written notice of the adverse action to the consumer.
(2) Provide the consumer with the name, address, and telephone
number of the consumer credit reporting agency which furnished the
report to the person.
(3) Provide a statement that the credit grantor's decision to take
adverse action was based in whole or in part upon information
contained in a consumer credit report.
(4) Provide the consumer with a written notice of the following
rights of the consumer:
(A) The right of the consumer to obtain within 60 days a free copy
of the consumer's consumer credit report from the consumer credit
reporting agency identified pursuant to paragraph (2) and from any
other consumer credit reporting agency which compiles and maintains
files on consumers on a nationwide basis.
(B) The right of the consumer under Section 1785.16 to dispute the
accuracy or completeness of any information in a consumer credit
report furnished by the consumer credit reporting agency.
(b) Whenever credit or insurance for personal, family, or
household purposes involving a consumer is denied or the charge for
such credit is increased either wholly or in part because of
information obtained from a person other than a consumer credit
reporting agency bearing upon consumer's credit worthiness or credit
standing, the user of that information shall, within a reasonable
period of time, and upon the consumer's written request for the
reasons for that adverse action received within 60 days after
learning of the adverse action, disclose the nature and substance of
the information to the consumer. The user of the information shall
clearly and accurately disclose to the consumer his or her right to
make such a written request at the time the adverse action is
communicated to the consumer.
(c) No person shall be held liable for any violation of this
section if he or she shows by a preponderance of the evidence that at
the time of the alleged violation he or she maintained reasonable
procedures to assure compliance with this section.
(d) Nothing in this chapter shall excuse compliance with the
requirements of Section 1787.2.

.

Cal. Civil Code § 1785.20.1.
(a) Except as provided in subdivision (b), any person who uses a consumer credit report in connection with any credit transaction not initiated by the consumer and which consists of a firm offer of credit shall provide with any solicitation made to the consumer a clear and conspicuous statement as to all of the following:

(1) Information contained in the consumer's prequalifying report was used in connection with the transaction.

(2) The consumer received the offer of credit, because the consumer satisfied the criteria for creditworthiness under which the consumer was selected for the offer.

(3) Where applicable, the credit may not be extended if, after the consumer responds to the offer, the consumer does not meet the criteria used to select the consumer for the offer.

(4) The consumer has a right to prohibit use of information contained in the consumer's file with any consumer credit reporting agency in connection with any credit transaction that is not initiated by the consumer. The consumer may exercise this right by notifying the notification system or joint notification system established under subdivision (d) or (e) of Section 1785.11.

(b) Subdivision (a) does not apply to any person using a prequalifying report if all of the following conditions are met:

(1) The person using the prequalifying report is affiliated by common ownership or common corporate control with the person who procured the report.

(2) The person who procures the prequalifying report from the consumer credit reporting agency clearly and conspicuously discloses to the consumer to whom the report relates, before the prequalifying report is provided to the person who uses the report, that the prequalifying report might be provided to, and used by, persons affiliated in the manner specified in paragraph (1) with the person that procured the report.

(3) The consumer consents in writing to this provision and use of the prequalifying report.

(c) No person shall be denied credit on the basis of the consumer's refusal to provide consent pursuant to paragraph (3) of subdivision (b), unless that consent is necessary for the extension of credit, related to that transaction, by an affiliate.

Cal. Civil Code § 1785.20.1.(a) Except as provided in subdivision (b), any person
who uses a consumer credit report in connection with any credit
transaction not initiated by the consumer and which consists of a
firm offer of credit shall provide with any solicitation made to the
consumer a clear and conspicuous statement as to all of the
following:
(1) Information contained in the consumer's prequalifying report
was used in connection with the transaction.
(2) The consumer received the offer of credit, because the
consumer satisfied the criteria for creditworthiness under which the
consumer was selected for the offer.
(3) Where applicable, the credit may not be extended if, after the
consumer responds to the offer, the consumer does not meet the
criteria used to select the consumer for the offer.
(4) The consumer has a right to prohibit use of information
contained in the consumer's file with any consumer credit reporting
agency in connection with any credit transaction that is not
initiated by the consumer. The consumer may exercise this right by
notifying the notification system or joint notification system
established under subdivision (d) or (e) of Section 1785.11.
(b) Subdivision (a) does not apply to any person using a
prequalifying report if all of the following conditions are met:
(1) The person using the prequalifying report is affiliated by
common ownership or common corporate control with the person who
procured the report.
(2) The person who procures the prequalifying report from the
consumer credit reporting agency clearly and conspicuously discloses
to the consumer to whom the report relates, before the prequalifying
report is provided to the person who uses the report, that the
prequalifying report might be provided to, and used by, persons
affiliated in the manner specified in paragraph (1) with the person
that procured the report.
(3) The consumer consents in writing to this provision and use of
the prequalifying report.
(c) No person shall be denied credit on the basis of the consumer'
s refusal to provide consent pursuant to paragraph (3) of subdivision
(b), unless that consent is necessary for the extension of credit,
related to that transaction, by an affiliate.


.

Cal. Civil Code § 1785.20.2.
Any person who makes or arranges loans and who uses a consumer credit score as defined in Section 1785.15.1 in connection with an application initiated or sought by a consumer for a closed end loan or establishment of an open end loan for a consumer purpose that is secured by one to four units of residential real property shall provide the following to the consumer as soon as reasonably practicable:

(a) A copy of the information identified in subdivision (a) of Section 1785.15.1 that was obtained from a credit reporting agency or was developed and used by the user of the information. In addition to the information provided to it by a third party that provided the credit score or scores, a lender is only required to provide the notice contained in subdivision (d).

(b) If a person who is subject to this section uses an automated underwriting system to underwrite a loan, that person may satisfy the obligation to provide a credit score by disclosing a credit score and associated key factors supplied by a consumer credit reporting agency. However, if a numerical credit score is generated by an automated underwriting system used by an enterprise, and that score is disclosed to the person, it shall be disclosed to the consumer consistent with subdivision (c). For purposes of this subdivision, the term "enterprise" shall have the meaning provided in paragraph (6) of Section 4502 of Title 12 of the United States Code.

(c) A person subject to the provisions of this section who uses a credit score other than a credit score provided by a consumer reporting agency may satisfy the obligation to provide a credit score by disclosing a credit score and associated key factors supplied by a consumer credit reporting agency.

(d) A copy of the following notice, which shall include the name, address, and telephone number of each credit bureau providing a credit score that was used:

NOTICE TO THE HOME LOAN APPLICANT

In connection with your application for a home loan, the lender must disclose to you the score that a credit bureau distributed to users and the lender used in connection with your home loan, and the key factors affecting your credit scores.

The credit score is a computer generated summary calculated at the time of the request and based on information a credit bureau or lender has on file. The scores are based on data about your credit history and payment patterns. Credit scores are important because they are used to assist the lender in determining whether you will obtain a loan. They may also be used to determine what interest rate you may be offered on the mortgage. Credit scores can change over time, depending on your conduct, how your credit history and payment patterns change, and how credit scoring technologies change.

Because the score is based on information in your credit history, it is very important that you review the credit-related information that is being furnished to make sure it is accurate. Credit records may vary from one company to another.

If you have questions about your credit score or the credit information that is furnished to you, contact the credit bureau at the address and telephone number provided with this notice, or contact the lender, if the lender developed or generated the credit score. The credit bureau plays no part in the decision to take any action on the loan application and is unable to provide you with specific reasons for the decision on a loan application.

If you have questions concerning the terms of the loan, contact the lender.

(e) This section shall not require any person to do the following:

(1) Explain the information provided pursuant to Section 1785.15.1.

(2) Disclose any information other than a credit score or key factor, as defined in Section 1785.15.1.

(3) Disclose any credit score or related information obtained by the user after a loan has closed.

(4) Provide more than one disclosure per loan transaction.

(5) Provide the disclosure required by this section when another person has made the disclosure to the consumer for that loan transaction.

(f) Any person's obligation pursuant to this section shall be limited solely to providing a copy of the information that was received from the consumer credit reporting agency. No person has liability under this section for the content of that information or for the omission of any information within the report provided by the consumer credit reporting agency.

(g) As used in this section, the term "person" does not include an "enterprise" as defined in paragraph (6) of Section 4502 of Title 12 of the United States Code.
Cal. Civil Code § 1785.20.2.Any person who makes or arranges loans and who uses a
consumer credit score as defined in Section 1785.15.1 in connection
with an application initiated or sought by a consumer for a closed
end loan or establishment of an open end loan for a consumer purpose
that is secured by one to four units of residential real property
shall provide the following to the consumer as soon as reasonably
practicable:
(a) A copy of the information identified in subdivision (a) of
Section 1785.15.1 that was obtained from a credit reporting agency or
was developed and used by the user of the information. In addition
to the information provided to it by a third party that provided the
credit score or scores, a lender is only required to provide the
notice contained in subdivision (d).
(b) If a person who is subject to this section uses an automated
underwriting system to underwrite a loan, that person may satisfy the
obligation to provide a credit score by disclosing a credit score
and associated key factors supplied by a consumer credit reporting
agency. However, if a numerical credit score is generated by an
automated underwriting system used by an enterprise, and that score
is disclosed to the person, it shall be disclosed to the consumer
consistent with subdivision (c). For purposes of this subdivision,
the term "enterprise" shall have the meaning provided in paragraph
(6) of Section 4502 of Title 12 of the United States Code.
(c) A person subject to the provisions of this section who uses a
credit score other than a credit score provided by a consumer
reporting agency may satisfy the obligation to provide a credit score
by disclosing a credit score and associated key factors supplied by
a consumer credit reporting agency.
(d) A copy of the following notice, which shall include the name,
address, and telephone number of each credit bureau providing a
credit score that was used:
NOTICE TO THE HOME LOAN APPLICANT
In connection with your application for a home loan, the lender
must disclose to you the score that a credit bureau distributed to
users and the lender used in connection with your home loan, and the
key factors affecting your credit scores.
The credit score is a computer generated summary calculated at the
time of the request and based on information a credit bureau or
lender has on file. The scores are based on data about your credit
history and payment patterns. Credit scores are important because
they are used to assist the lender in determining whether you will
obtain a loan. They may also be used to determine what interest rate
you may be offered on the mortgage. Credit scores can change over
time, depending on your conduct, how your credit history and payment
patterns change, and how credit scoring technologies change.
Because the score is based on information in your credit history,
it is very important that you review the credit-related information
that is being furnished to make sure it is accurate. Credit records
may vary from one company to another.
If you have questions about your credit score or the credit
information that is furnished to you, contact the credit bureau at
the address and telephone number provided with this notice, or
contact the lender, if the lender developed or generated the credit
score. The credit bureau plays no part in the decision to take any
action on the loan application and is unable to provide you with
specific reasons for the decision on a loan application.
If you have questions concerning the terms of the loan, contact
the lender.

(e) This section shall not require any person to do the following:
(1) Explain the information provided pursuant to Section
1785.15.1.
(2) Disclose any information other than a credit score or key
factor, as defined in Section 1785.15.1.
(3) Disclose any credit score or related information obtained by
the user after a loan has closed.
(4) Provide more than one disclosure per loan transaction.
(5) Provide the disclosure required by this section when another
person has made the disclosure to the consumer for that loan
transaction.
(f) Any person's obligation pursuant to this section shall be
limited solely to providing a copy of the information that was
received from the consumer credit reporting agency. No person has
liability under this section for the content of that information or
for the omission of any information within the report provided by the
consumer credit reporting agency.
(g) As used in this section, the term "person" does not include an
"enterprise" as defined in paragraph (6) of Section 4502 of Title 12
of the United States Code.


.

Cal. Civil Code § 1785.22.

(a) A person may not procure a consumer credit report for the purpose of reselling the report or any information therein unless the person discloses to the consumer credit reporting agency which issues the report the identity of the ultimate end user and each permissible purpose for which the report is furnished to the end user of the consumer credit report or information therein.

(b) A person that procures a consumer credit report for the purpose of reselling the report or any information therein shall do all of the following:

(1) Establish and comply with reasonable procedures designed to ensure that the consumer credit report or information is resold by the person only for a purpose for which the report may be furnished under this title. These procedures shall include all of the following:

(A) Identification of each prospective user of the resold consumer credit report or information.

(B) Certification of each purpose for which the consumer credit report or information will be used.

(C) Certification that the consumer credit report or information will be used for no other purpose.

(2) Before reselling the consumer credit report or information, the person shall make reasonable efforts to verify the identities and certifications made under paragraph (1).

Cal. Civil Code § 1785.22.(a) A person may not procure a consumer credit report for
the purpose of reselling the report or any information therein unless
the person discloses to the consumer credit reporting agency which
issues the report the identity of the ultimate end user and each
permissible purpose for which the report is furnished to the end user
of the consumer credit report or information therein.
(b) A person that procures a consumer credit report for the
purpose of reselling the report or any information therein shall do
all of the following:
(1) Establish and comply with reasonable procedures designed to
ensure that the consumer credit report or information is resold by
the person only for a purpose for which the report may be furnished
under this title. These procedures shall include all of the
following:
(A) Identification of each prospective user of the resold consumer
credit report or information.
(B) Certification of each purpose for which the consumer credit
report or information will be used.
(C) Certification that the consumer credit report or information
will be used for no other purpose.
(2) Before reselling the consumer credit report or information,
the person shall make reasonable efforts to verify the identities and
certifications made under paragraph (1).


.

Cali. Buss. And Prof. Code § 17550
The Legislature finds and declares that certain advertising, sales, and business practices of sellers of travel have worked financial hardship upon the people of this state; that the travel business has a significant impact upon the economy and well-being of this state and its people; that problems have arisen that are peculiar to sellers of travel business; and that the public welfare requires regulation of sellers of travel in order to eliminate unfair advertising, sales, and business practices; to establish standards that will safeguard the people against financial hardship; to encourage competition, fair dealing, and prosperity in the travel business; and to provide certain and reliable funding for the seller of travel registration program and enforcement by the office of the Attorney General of this article.

It is the intent of the Legislature in enacting this article that the Department of Justice, to the extent that resources are available, work together with representatives of the affected business community to develop sample forms that will, to the maximum extent possible, enable sellers of travel to comply with the requirement to provide to persons making payment the information required by subdivision (c) and subdivisions (e) to (l), inclusive, of Section 17550.13, in a manner that is simplified, efficient, and nonduplicative, and in a manner that recognizes the particular burdens and situations that may exist for small sellers of travel in their efforts to comply with the provisions of that section.

Cali. Buss. And Prof. Code § 17550The Legislature finds and declares that certain advertising,
sales, and business practices of sellers of travel have worked
financial hardship upon the people of this state; that the travel
business has a significant impact upon the economy and well-being of
this state and its people; that problems have arisen that are
peculiar to sellers of travel business; and that the public welfare
requires regulation of sellers of travel in order to eliminate unfair
advertising, sales, and business practices; to establish standards
that will safeguard the people against financial hardship; to
encourage competition, fair dealing, and prosperity in the travel
business; and to provide certain and reliable funding for the seller
of travel registration program and enforcement by the office of the
Attorney General of this article.
It is the intent of the Legislature in enacting this article that
the Department of Justice, to the extent that resources are
available, work together with representatives of the affected
business community to develop sample forms that will, to the maximum
extent possible, enable sellers of travel to comply with the
requirement to provide to persons making payment the information
required by subdivision (c) and subdivisions (e) to (l), inclusive,
of Section 17550.13, in a manner that is simplified, efficient, and
nonduplicative, and in a manner that recognizes the particular
burdens and situations that may exist for small sellers of travel in
their efforts to comply with the provisions of that section.

.

Cali. Buss. And Prof. Code § 1799.201.

As used in this title:

(a) "Consumer" means a natural person who has entered into a consumer contract with a seller.

(b) "Consumer contract" means a writing prepared by a seller and, except as provided in subdivision (c) of Section 1799.202, signed, or to be signed, by a consumer, which provides (1) for the sale or lease of goods or services that are purchased or leased primarily for personal, family, or household purposes, or (2) for extension of credit, the proceeds of which are used primarily for personal, family, or household purposes. Without affecting the enforceability of any incidental provision contained therein, an application for credit shall not be considered to be a consumer contract for purposes of this section even if it contains incidental provisions, such as the consumer's consent to a credit review, a certification of the accuracy of the information furnished, or the consumer's agreement to the terms that will be furnished to the consumer pursuant to this title.

(c) "Consumer contract guaranty" means a writing prepared by a seller and signed, or to be signed, by a guarantor which guarantees the obligation of a consumer under a consumer contract.

(d) "Copy" means a reproduction, facsimile, or duplicate.

(e) "Days" means calendar days.

(f) "Goods" means tangible and intangible personal property.

(g) "Guarantor" means a person who guarantees the obligation of a consumer under a consumer contract by signing a consumer contract guaranty.

(h) "Seller" means a person who has entered into a consumer contract with a consumer.

(i) "Services" means work, labor, and services, including depository services and other banking services.

(j) "Financial institution" means any commercial bank, trust company, savings and loan association, credit union, industrial loan company, insurance company, or person engaged in the business of lending money.
Cali. Buss. And Prof. Code § 1799.201.
As used in this title:
(a) "Consumer" means a natural person who has entered into a
consumer contract with a seller.
(b) "Consumer contract" means a writing prepared by a seller and,
except as provided in subdivision (c) of Section 1799.202, signed, or
to be signed, by a consumer, which provides (1) for the sale or
lease of goods or services that are purchased or leased primarily for
personal, family, or household purposes, or (2) for extension of
credit, the proceeds of which are used primarily for personal,
family, or household purposes. Without affecting the enforceability
of any incidental provision contained therein, an application for
credit shall not be considered to be a consumer contract for purposes
of this section even if it contains incidental provisions, such as
the consumer's consent to a credit review, a certification of the
accuracy of the information furnished, or the consumer's agreement to
the terms that will be furnished to the consumer pursuant to this
title.
(c) "Consumer contract guaranty" means a writing prepared by a
seller and signed, or to be signed, by a guarantor which guarantees
the obligation of a consumer under a consumer contract.
(d) "Copy" means a reproduction, facsimile, or duplicate.
(e) "Days" means calendar days.
(f) "Goods" means tangible and intangible personal property.
(g) "Guarantor" means a person who guarantees the obligation of a
consumer under a consumer contract by signing a consumer contract
guaranty.
(h) "Seller" means a person who has entered into a consumer
contract with a consumer.
(i) "Services" means work, labor, and services, including
depository services and other banking services.
(j) "Financial institution" means any commercial bank, trust
company, savings and loan association, credit union, industrial loan
company, insurance company, or person engaged in the business of
lending money.


.

Cal. Civil Code § 1799.202.
(a) Except as otherwise provided in this title, a seller shall deliver a copy of a consumer contract to the consumer at the time it is signed by the consumer if the consumer contract is signed at a place of business of the seller. If the consumer contract is not signed by the consumer at a place of business of the seller, and the seller has not provided a copy of the consumer contract for the consumer which the consumer is instructed to keep, the seller shall mail or deliver a copy of it to the consumer within 10 calendar days after the seller receives the signed consumer contract. In any case, the copy of the contract provided to the consumer shall not contain any blank spaces to be completed after the consumer signs the contract, shall contain the signature of the seller if it provides for that signature, and may also contain the signature of the consumer.

(b) A seller that is a financial institution need not deliver to the consumer, pursuant to subdivision (a), any writing which the consumer contract incorporates by reference if either of the following conditions apply:

(1) The writing was previously delivered or mailed to the consumer.

(2) The writing was not prepared by the seller.

(c) If the consumer contract (1) is wholly or partly contained on a card or other writing which is used to identify the consumer in connection with a deposit account, safe deposit box, safekeeping agreement, or other service offered by a financial institution, and (2) contains information particular to the consumer's account, box, or other arrangement that, if known by a third party, could be used by the third party to cause loss to the consumer or financial institution, the copy of the contract furnished to the consumer need not contain the consumer's signature or any of the identifying information particular to the consumer's account, box, or other arrangement.

For purposes of this subdivision, a document which includes the same terms as those contained in the consumer contract shall be deemed a copy.

(d) Within a reasonable time after receipt of a written request from a consumer, a seller or financial institution shall mail a copy of the consumer's completed consumer credit application, which may, but need not, contain any information completed or added by the seller or financial institution, to the consumer at the address indicated on the request. By making a written request, the consumer shall conclusively be deemed to have waived any action against the seller or financial institution, as well as its employees or agents, on any theory, at law or in equity, arising directly or indirectly out of the mailing or other delivery of the copy, including any information added to the application by the seller or financial institution and included in the copy. The seller or financial institution may specify the address to which such a request may be sent, may charge the consumer a reasonable copying fee, and shall not be obligated to provide the copy until the fee is paid.

Cal. Civil Code § 1799.202.(a) Except as otherwise provided in this title, a seller
shall deliver a copy of a consumer contract to the consumer at the
time it is signed by the consumer if the consumer contract is signed
at a place of business of the seller. If the consumer contract is not
signed by the consumer at a place of business of the seller, and the
seller has not provided a copy of the consumer contract for the
consumer which the consumer is instructed to keep, the seller shall
mail or deliver a copy of it to the consumer within 10 calendar days
after the seller receives the signed consumer contract. In any case,
the copy of the contract provided to the consumer shall not contain
any blank spaces to be completed after the consumer signs the
contract, shall contain the signature of the seller if it provides
for that signature, and may also contain the signature of the
consumer.
(b) A seller that is a financial institution need not deliver to
the consumer, pursuant to subdivision (a), any writing which the
consumer contract incorporates by reference if either of the
following conditions apply:
(1) The writing was previously delivered or mailed to the
consumer.
(2) The writing was not prepared by the seller.
(c) If the consumer contract (1) is wholly or partly contained on
a card or other writing which is used to identify the consumer in
connection with a deposit account, safe deposit box, safekeeping
agreement, or other service offered by a financial institution, and
(2) contains information particular to the consumer's account, box,
or other arrangement that, if known by a third party, could be used
by the third party to cause loss to the consumer or financial
institution, the copy of the contract furnished to the consumer need
not contain the consumer's signature or any of the identifying
information particular to the consumer's account, box, or other
arrangement.
For purposes of this subdivision, a document which includes the
same terms as those contained in the consumer contract shall be
deemed a copy.
(d) Within a reasonable time after receipt of a written request
from a consumer, a seller or financial institution shall mail a copy
of the consumer's completed consumer credit application, which may,
but need not, contain any information completed or added by the
seller or financial institution, to the consumer at the address
indicated on the request. By making a written request, the consumer
shall conclusively be deemed to have waived any action against the
seller or financial institution, as well as its employees or agents,
on any theory, at law or in equity, arising directly or indirectly
out of the mailing or other delivery of the copy, including any
information added to the application by the seller or financial
institution and included in the copy. The seller or financial
institution may specify the address to which such a request may be
sent, may charge the consumer a reasonable copying fee, and shall not
be obligated to provide the copy until the fee is paid.

.

Cal. Civil Code § 1799.203.
(a) It shall be deemed compliance with Section 1799.202 if a copy of any consumer contract which is subject to Article 10 (commencing with Section 1810.1) of Chapter 1 of Title 2, or which is an open-end consumer credit plan subject to Section 127 of the federal Truth in Lending Act (15 U.S.C. 1637), is delivered or mailed to the consumer before the consumer enters into a transaction covered and permitted by the consumer contract.

(b) Section 1799.202 does not apply to any of the following:

(1) A consumer contract for the purchase of goods by mail if the seller permits the consumer to examine the goods for seven calendar days and cancel the consumer contract and receive a full refund within 30 calendar days for returned unused and undamaged goods.

(2) A written contract created by, and consisting of, an exchange of letters by mail.

(3) Any consumer contract which is required to be mailed or delivered at a time prescribed by another law of this state or the United States.
Cal. Civil Code § 1799.203.(a) It shall be deemed compliance with Section 1799.202
if a copy of any consumer contract which is subject to Article 10
(commencing with Section 1810.1) of Chapter 1 of Title 2, or which is
an open-end consumer credit plan subject to Section 127 of the
federal Truth in Lending Act (15 U.S.C. 1637), is delivered or mailed
to the consumer before the consumer enters into a transaction
covered and permitted by the consumer contract.
(b) Section 1799.202 does not apply to any of the following:
(1) A consumer contract for the purchase of goods by mail if the
seller permits the consumer to examine the goods for seven calendar
days and cancel the consumer contract and receive a full refund
within 30 calendar days for returned unused and undamaged goods.
(2) A written contract created by, and consisting of, an exchange
of letters by mail.
(3) Any consumer contract which is required to be mailed or
delivered at a time prescribed by another law of this state or the
United States.

.

Cal. Civil Code § 1799.204.
If more than one consumer has signed a consumer contact, the seller may comply with Section 1799.202 by mailing or delivering the copy to any one of the consumers who reside at the same address. A copy shall also be mailed or delivered to any other consumer who has signed the consumer contract and who does not reside at the same address.
Cal. Civil Code § 1799.204.If more than one consumer has signed a consumer contact,
the seller may comply with Section 1799.202 by mailing or delivering
the copy to any one of the consumers who reside at the same address.
A copy shall also be mailed or delivered to any other consumer who
has signed the consumer contract and who does not reside at the same
address.

.

1799.206.
(a) Except as otherwise provided in this section, a seller shall deliver a copy of the consumer contract guaranty to the guarantor at the time the consumer contract guaranty is signed by the guarantor if the consumer contract guaranty is signed by the guarantor at a place of business of the seller. If the consumer contract guaranty is not signed by the guarantor at a place of business of the seller, and the seller has not provided a copy of the consumer contract guaranty for the guarantor which the guarantor is able to keep, the seller shall mail or deliver a copy of the consumer contract guaranty to the guarantor within 10 calendar days after the seller receives the signed consumer contract guaranty. In any case, the copy of the consumer contract guaranty provided to the guarantor shall not contain any blank spaces to be completed after the guarantor signs the guaranty, shall contain the signature of the seller if it provides for that signature, and may also contain the signature of the guarantor.

(b) If more than one guarantor has signed the consumer contract guaranty, the seller may comply with subdivision (a) by mailing or delivering the copy to any one of the guarantors who reside at the same address. A copy shall also be mailed or delivered to any guarantor who has signed the consumer contract guaranty and who does not reside at the same address.

(c) A seller that fails to comply with this section is liable to the guarantor for any actual damages suffered by the guarantor as the result of that failure. The remedy provided by this subdivision is nonexclusive and in addition to any other remedies or penalties available under other laws of this state.

(d) Failure to comply with this section does not create a new basis for rescission, but is admissible to establish a basis for rescission of the consumer contract guaranty otherwise authorized by law.
1799.206.(a) Except as otherwise provided in this section, a
seller shall deliver a copy of the consumer contract guaranty to the
guarantor at the time the consumer contract guaranty is signed by the
guarantor if the consumer contract guaranty is signed by the
guarantor at a place of business of the seller. If the consumer
contract guaranty is not signed by the guarantor at a place of
business of the seller, and the seller has not provided a copy of the
consumer contract guaranty for the guarantor which the guarantor is
able to keep, the seller shall mail or deliver a copy of the consumer
contract guaranty to the guarantor within 10 calendar days after the
seller receives the signed consumer contract guaranty. In any case,
the copy of the consumer contract guaranty provided to the guarantor
shall not contain any blank spaces to be completed after the
guarantor signs the guaranty, shall contain the signature of the
seller if it provides for that signature, and may also contain the
signature of the guarantor.
(b) If more than one guarantor has signed the consumer contract
guaranty, the seller may comply with subdivision (a) by mailing or
delivering the copy to any one of the guarantors who reside at the
same address. A copy shall also be mailed or delivered to any
guarantor who has signed the consumer contract guaranty and who does
not reside at the same address.
(c) A seller that fails to comply with this section is liable to
the guarantor for any actual damages suffered by the guarantor as the
result of that failure. The remedy provided by this subdivision is
nonexclusive and in addition to any other remedies or penalties
available under other laws of this state.
(d) Failure to comply with this section does not create a new
basis for rescission, but is admissible to establish a basis for
rescission of the consumer contract guaranty otherwise authorized by
law.