Bill Text: CA AB2564 | 2013-2014 | Regular Session | Amended
Bill Title: Commercial credit reporting agencies.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-05-05 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2564 Detail]
Download: California-2013-AB2564-Amended.html
BILL NUMBER: AB 2564 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Nestande
FEBRUARY 21, 2014
An act to amend Section 1785.10 1785.43
of the Civil Code, relating to consumer
commercial credit reporting.
LEGISLATIVE COUNSEL'S DIGEST
AB 2564, as amended, Nestande. Consumer
Commercial credit reporting agencies.
Existing law authorizes a commercial credit reporting agency to
protect the identity of sources of information to be used in
commercial credit reports. Existing law requires an agency to furnish
a printed copy of a report to the subject of the report, upon
request of a representative of the subject, at a cost no greater than
the cost usually charged to 3rd parties. Existing law also sets
forth a procedure for the correction of inaccuracies in these
reports. Existing law defines terms for these purposes.
This bill would require an agency to furnish a source of
information to the subject of a commercial credit report upon the
request of a representative of the subject. The bill would require
the printed copy to be provided at no cost to the subject of a
report. The bill would prohibit an agency, or a business affiliate of
that agency, from assessing a fee upon the subject of a report in
connection with ensuring the proper data is contained within the
commercial credit report of the subject. The bill would require an
agency to endeavor to maintain the most accurate data possible
regarding the subject of a report.
The Consumer Credit Reporting Agencies Act requires every consumer
credit reporting agency, upon request and proper identification of
any consumer, to allow the consumer to visually inspect all files
maintained regarding that consumer at the time of the request. The
act requires every consumer reporting agency, upon contact by a
consumer regarding information which may be contained in the agency
files regarding that consumer, to inform the consumer of specified
rights and agency obligations.
This bill would make technical, nonsubstantives changes to those
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1785.43 of the Civil
Code is amended to read:
1785.43. (a) Commercial A commercial
credit reporting agencies agency
may protect the identity of sources a source
of information to be used in a commercial credit
reports. report, but shall furnish the source
of information to the subject of the report upon the request of a
representative of the subject.
(b) Upon the request of a representative of the subject of a
report, the commercial credit reporting agency shall provide one
printed copy of the subject's commercial credit report in a format
routinely made available to third parties, at a cost no
greater than the cost usually charged to third parties.
no cost.
(c) In the event that If the subject
of a commercial credit report believes the report contains an
inaccurate statement of fact, a representative of the subject of the
report may, report, within 30 days of
receipt of the report pursuant to subdivision (b), may
file with the commercial credit reporting agency a written summary
statement of not more than 50 words identifying the particular
statement of fact that is disputed, and indicating the nature of the
disagreement with the statement in the report. Within 30 days of
receipt of a subject's summary statement of disagreement, the
commercial credit reporting agency shall either delete the disputed
item of information from the report, or include in the report an
indication that the subject's summary statement of disagreement will
be provided upon request.
(d) A commercial credit reporting agency, or a business affiliate
of that agency, shall not assess a fee upon the subject of a report
in connection with ensuring the proper data is contained within the
commercial credit report of the subject.
(e) A commercial credit reporting agency shall endeavor to
maintain the most accurate data possible regarding the subject of a
report.
SECTION 1. Section 1785.10 of the Civil Code is
amended to read:
1785.10. (a) Every consumer credit reporting agency, upon request
and proper identification of any consumer, shall allow the consumer
to visually inspect all files maintained regarding that consumer at
the time of the request.
(b) (1) Every consumer credit 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.
(2) The agency shall determine the applicability of subdivision
(a) 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.
