Moran v. The Screening Pros, LLC, No. 12-57246 (9th Cir. 2019)Annotate this Case
After plaintiff was denied housing due to disclosures appearing in a tenant screening report, he filed suit against TSP, alleging violations of the Fair Credit Reporting Act (FCRA), California's Investigative Consumer Reporting Agencies Act (ICRAA), and California's Unfair Competition Law (UCL). The district court dismissed all but one cause of action and granted summary judgment on the remaining FCRA claim.
The panel held that the district court erred by concluding that the ICRAA is unconstitutionally vague as applied to tenant screening applications; the panel was bound by the holding in Connor v. First Student, Inc., 423 P.3d 953 (Cal. 2018), that the ICRAA overlaps with the Consumer Credit Reporting Agencies Act, which forecloses TSP's argument that the statutory scheme in unconstitutionally vague; and thus the panel reversed and remanded for further proceedings. The panel remanded for the district court to decide whether plaintiff stated a UCL claim predicated on TSP's ICRAA violations. Finally, the panel held that the FCRA permits consumer reporting of a criminal charge for only seven years following the date of entry of the charge. In this case, the report's inclusion of a 2000 charge fell outside of the permissible seven year window. Therefore, plaintiff stated sufficient claims under the FCRA.
The court issued a subsequent related opinion or order on November 21, 2019.