2009 California Civil Code - Section 1785.30-1785.36 :: Chapter 4. Remedies

SECTION 1785.30-1785.36

1785.30.  Upon notification of the results of a consumer credit
reporting agency's reinvestigation pursuant to Section 1785.16, a
consumer may make a written demand on any person furnishing
information to the consumer credit reporting agency to correct any
information that the consumer believes to be inaccurate. The person
upon whom the written demand is made shall acknowledge the demand
within 30 days. The consumer may require the consumer credit
reporting agency to indicate on any subsequent reports issued during
the dispute that the item or items of information are in dispute. If
upon investigation the information is found to be inaccurate or
incorrect, the consumer may require the consumer credit reporting
agency to delete or correct the item or items of information within a
reasonable time. If within 90 days the consumer credit reporting
agency does not receive any information from the person requested to
furnish the same or any communication relative to this information
from this person, the consumer credit reporting agency shall delete
the information from the report.

1785.31.  (a) Any consumer who suffers damages as a result of a
violation of this title by any person may bring an action in a court
of appropriate jurisdiction against that person to recover the
   (1) In the case of a negligent violation, actual damages,
including court costs, loss of wages, attorney's fees and, when
applicable, pain and suffering.
   (2) In the case of a willful violation:
   (A) Actual damages as set forth in paragraph (1) above:
   (B) Punitive damages of not less than one hundred dollars ($100)
nor more than five thousand dollars ($5,000) for each violation as
the court deems proper;
   (C) Any other relief that the court deems proper.
   (3) In the case of liability of a natural person for obtaining a
consumer credit report under false pretenses or knowingly without a
permissible purpose, an award of actual damages pursuant to paragraph
(1) or subparagraph (A) of paragraph (2) shall be in an amount of
not less than two thousand five hundred dollars ($2,500).
   (b) Injunctive relief shall be available to any consumer aggrieved
by a violation or a threatened violation of this title whether or
not the consumer seeks any other remedy under this section.
   (c) Notwithstanding any other provision of this section, any
person who willfully violates any requirement imposed under this
title may be liable for punitive damages in the case of a class
action, in an amount that the court may allow. In determining the
amount of award in any class action, the court shall consider among
relevant factors the amount of any actual damages awarded, the
frequency of the violations, the resources of the violator and the
number of persons adversely affected.
   (d) Except as provided in subdivision (e), the prevailing
plaintiffs in any action commenced under this section shall be
entitled to recover court costs and reasonable attorney's fees.
   (e) If a plaintiff brings an action pursuant to this section
against a debt collector, as defined in subdivision (c) of Section
1788.2, and the basis for the action is related to the collection of
a debt, whether issues relating to the debt collection are raised in
the same or another proceeding, the debt collector shall be entitled
to recover reasonable attorney's fees upon a finding by the court
that the action was not brought in good faith.
   (f) If a plaintiff only seeks and obtains injunctive relief to
compel compliance with this title, court costs and attorney's fees
shall be awarded pursuant to Section 1021.5 of the Code of Civil
   (g) Nothing in this section is intended to affect remedies
available under Section 128.5 of the Code of Civil Procedure.

1785.32.  Except as provided in Section 1785.31, no consumer may
bring any action or proceeding in the nature of defamation, invasion
of privacy or negligence with respect to the reporting of information
against any consumer reporting agency, any user of information, or
any person who furnishes information to a consumer reporting agency,
based on information disclosed pursuant to Section 1785.10, 1785.15
or 1785.20 of this title, except as to false information furnished
with malice or willful intent to injure such consumer.

1785.33.  An action to enforce any liability created under this
chapter may be brought in any appropriate court of competent
jurisdiction within two years from the date the plaintiff knew of, or
should have known of, the violation of this title, but not more than
seven years from the earliest date on which liability could have
arisen, except that where a defendant has materially and willfully
misrepresented any information required under this chapter to be
disclosed to a consumer and the information so misrepresented is
material to the establishment of the defendant's liability to the
consumer under this chapter, the action may be brought at any time
within two years after the discovery by the consumer of the

1785.34.  (a) Any consumer credit reporting agency or user of
information against whom an action brought pursuant to Section 1681n
or 1681o of Title 15 of the United States Code is pending shall not
be subject to suit for the same act or omission under Section
   (b) The entry of a final judgment against a consumer credit
reporting agency or user of information in an action brought pursuant
to the provisions of Section 1681n or 1681o of Title 15 of the
United States Code shall be a bar to the maintenance of any action
based on the same act or omission which might be brought under this

1785.35.  This title does not apply to any consumer credit report
that by its terms is limited to disclosures from public records
relating to land and land titles and does not apply to any person
whose records and files are maintained for the primary purpose of
reporting those portions of the public records that impart
constructive notice under the law of matters relating to land and
land titles.

1785.36.  Any waiver of the provisions of this title is contrary to
public policy, and is void and unenforceable.

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