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AB-1691 Consumer credit reports: consumer credit reporting agencies.(2017-2018)

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Date Published: 06/22/2017 04:00 AM
AB1691:v97#DOCUMENT

Enrolled  June 21, 2017
Passed  IN  Senate  June 19, 2017
Passed  IN  Assembly  April 17, 2017
Amended  IN  Assembly  March 16, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

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


An act to amend Section 1785.13 of the Civil Code, relating to consumers.


LEGISLATIVE COUNSEL'S DIGEST


AB 1691, Committee on Judiciary. Consumer credit reports: consumer credit reporting agencies.
Existing law prohibits a consumer credit reporting agency from making a consumer credit report that contains specified information, including, among other things, unlawful detainer actions unless the lessor was the prevailing party, as specified.
This bill would eliminate the prohibition pertaining to unlawful detainer actions. The bill also would make conforming changes and correct an erroneous cross-reference.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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:
(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) Paid tax liens that, from the date of payment, antedate the report by more than seven years.
(4) Accounts placed for collection or charged to profit and loss that antedate the report by more than seven years.
(5) 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.
(6) Any other adverse information that antedates the report by more than seven years.
(b) The seven-year period specified in paragraphs (4) and (6) 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 (4) and (6) 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 4701 of the Family Code or has been provided to the consumer credit reporting agency and verified by another federal, state, or local governmental agency.