Cal. Civil Code § 1785.1

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The Legislature finds and declares as follows:

(a)An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, and general reputation of consumers.

(b)Consumer credit reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers.

(c)There is a need to insure that consumer credit reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer’s right to privacy.

(d)It is the purpose of this title to require that consumer credit reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, hiring of a dwelling unit, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this title.

(e)The Legislature hereby intends to regulate consumer credit reporting agencies pursuant to this title in a manner which will best protect the interests of the people of the State of California.

(f)The extension of credit is a privilege and not a right. Nothing in this title shall preclude a creditor from denying credit to any applicant providing such denial is based on factors not inconsistent with present law.

(g)Any clauses in contracts which prohibit any action required by this title are not in the public interest and shall be considered unenforceable. This shall not invalidate the other terms of such a contract.

Notes of Decisions

Cited in 65 cases (24 in the last 5 years), 1981–2026 · leading case: Carvalho v. Equifax Information Services, LLC

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Carvalho v. Equifax Information Services, LLC (2010) ca9 “The complaint alleged various violations of the California Consumer Credit Reporting Agencies Act (“CCRAA”), Cal. Civ.Code § 1785.1 et seq., including the CRAs’ failure to conduct a proper reinvestigation of Carvalho’s dispute; the CRAs’ failure to provide a sufficient response…”

McKell v. Washington Mut., Inc. (2006) calctapp · cites it 2× “2 preempted a cause of action under the California Consumer Credit Reporting Agencies Act (Civ. Code, § 1785.1 et seq.). It held that the cause of action was not preempted, in that the state statutes at issue "are not `lending regulations' and they do not purport to govern the…”

Committee to Defend Reproductive Rights v. Myers (1981) cal · cites it 2× “11 [protecting the right of privacy of persons renting rooms in student dormitories owned or operated by a state university, state college, or community college]; Civ. Code, § 1785.1 et seq. [the Consumer Credit Reporting Agencies Act]; id.”

Sanai v. Saltz (2009) calctapp · cites it 2× “Saltz alleging causes of action for slander, libel, intentional and negligent interference with prospective economic advantage, intentional and negligent infliction of emotional distress, violations of the Consumer Credit Reporting Agencies Act (Civ. Code, § 1785.1 et seq.) and…”

Gabriel Moran v. the Screening Pros (2019) ca9 “” Cal. Civ. Code §§ 1785.1 (c), 1786(b). The CCRAA regulates “consumer credit reports,” defined as “any written, oral or other communication of any information by a consumer credit reporting agency bearing on a consumer’s credit worthiness, credit standing, or credit capacity.”

McClain v. Octagon Plaza, LLC (2008) calctapp “Following a trial, the court concluded that she had failed to establish her remaining claims for violation of the Consumer Credit Reporting Agencies Act (Civ. Code, § 1785.1 et seq.) (CCRAA) and an accounting.”

McKell v. Washington Mutual, Inc. (2006) calctapp · cites it 2× “It held that the cause of action was not preempted, in that the state statutes at issue “are not ‘lending regulations’ and they do not purport to govern the manner in which ... [a] federal savings association runs its business.”

Acosta v. Trans Union, LLC (2007) cacd “That suit alleged violations of California’s Consumer Credit Reporting Agencies Act (“CCRAA”), Cal. Civ.Code § 1785.1, et seq., a California state analog to the FCRA, based on Trans Union’s reporting practices involving accounts legally discharged through Chapter 7 bankruptcy.”

Cisneros v. U.D. Registry, Inc. (1995) calctapp · cites it 2× “§§ 1681 -1681t) (FCRA), the California Consumer Credit Reporting Agencies Act (Civ. Code, § 1785.1 et seq.) (CCRAA), and the Investigative Consumer Reporting Agencies Act (Civ.”

Trujillo v. FIRST AMERICAN REGISTRY, INC. (2007) calctapp “, on their causes of action pursuant to the Consumer Credit Reporting Agencies Act (CCRAA) (Civ. Code, § 1785.1 et seq.), 1 the unfair competition law (UCL) (Bus.”

Pulver v. Avco Financial Services (1986) calctapp “); accordingly, defendant argued, no cause of action is stated on any theory inasmuch as plaintiff did not allege that she availed herself of the right, provided by such statutes, to have the credit reporting agencies investigate the disputed information regarding her sister’s…”

Rex v. Chase Home Finance LLC (2012) cacd “” (“Rosenthal claim”); (7) Seventh claim for ‘Violation of Consumer Credit Reporting Agencies Act, Cal. Civ.Code § 1785.1 et seq.” (“CCRAA claim”); and (8) Eighth claim for ‘Violation of Unfair Competition Law, Cal.”

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— Cal. Civil Code § 1785.1(b) — 1 case

Fernandez v. CoreLogic Credco, LLC (2022) casd

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