Bill Text: CA AB1691 | 2017-2018 | Regular Session | Amended
Bill Title: Consumer credit reports: consumer credit reporting agencies.
Spectrum: Committee Bill
Status: (Enrolled - Dead) 2018-03-22 - In Senate. Held at Desk. [AB1691 Detail]
Download: California-2017-AB1691-Amended.html
Amended
IN
Assembly
March 16, 2017 |
Assembly Bill | No. 1691 |
Introduced by Committee on Judiciary (Assembly Members Mark Stone (Chair), Chau, Chiu, Cristina Garcia, Holden, Kalra, Reyes, and Ting) |
February 27, 2017 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law, except under certain circumstances, prohibits an investigative consumer reporting agency from making or furnishing an investigative consumer report that contains specified information, including, among other things, unlawful detainer actions where the defendant was the prevailing party or where the action is resolved by settlement agreement.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1785.13 of the Civil Code is amended to read:1785.13.
(a) No consumer credit reporting agency shall make any consumer credit report containing any of the following items of information:(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)
(5)
(6)
(7)
(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)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; 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.
(7)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.