§ 1785.11. — 1785.11. (Amended by Stats. 2002, Ch. 664, Sec. 40.)

(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.

Legislative History

Amended by Stats. 2002, Ch. 664, Sec. 40. Effective January 1, 2003.