California 2009 2009-2010 Regular Session

California Assembly Bill AB2185 Introduced / Bill

Filed 02/18/2010

 BILL NUMBER: AB 2185INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Bradford FEBRUARY 18, 2010 An act to amend Section 1786.22 of the Civil Code, relating to consumer information. LEGISLATIVE COUNSEL'S DIGEST AB 2185, as introduced, Bradford. Investigative consumer reporting agencies. Existing law requires every investigative consumer reporting agency to allow a consumer, upon request and proper identification, to visually inspect all files maintained regarding the consumer at the time of the request. The agency is required to supply the files and specified information during normal business hours and on reasonable notice, as provided, and to provide trained personnel to explain any information furnished to the consumer. This bill would make technical, nonsubstantive changes to these 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 1786.22 of the Civil Code is amended to read: 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   the consumer  appears in person and furnishes proper identification. A copy of his  or her  file shall also be available to the consumer for a fee not to exceed the actual costs of  the  duplication services provided. (2) By certified mail, if he  or she  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   those  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"   identification,"  as used in subdivision (b)  shall mean   , means  that information generally deemed sufficient to identify a person.  Such   That  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  or herself  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  or her  identity. (d) The investigative consumer reporting agency shall provide trained personnel to explain  to the consumer  any information furnished  him   to the consumer  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  or her  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   that other  person's presence.