2009 California Civil Code - Section 1785.41-1785.44 :: Title 1.61. Commercial Credit Reports

SECTION 1785.41-1785.44

1785.41.  Consumer credit reporting is subject to the regulations of
the Consumer Credit Reporting Agencies Act. Commercial credit
reports, which differ significantly, are not subject to that act. The
circumstances, business practices, and reports themselves differ
sufficiently to make it impractical to include commercial credit
reports under the Consumer Credit Reporting Agencies Act.

1785.42.  (a) "Commercial credit report" means any report provided
to a commercial enterprise for a legitimate business purpose,
relating to the financial status or payment habits of a commercial
enterprise which is the subject of the report. It does not include a
report subject to Title 1.6 (commencing with Section 1785.1), Title
1.6A (commencing with Section 1786), or a report prepared for
commercial insurance underwriting, claims, or auditing purposes.
   The term does not include (1) any report containing information
related to transactions or experiences between the subject and the
person making the report; (2) any authorization or approval of a
specific extension of credit directly or indirectly by the issuer of
a credit card or similar device; or (3) any report in which a person
who has been requested by a third party to make a specific extension
of credit directly or indirectly to the subject conveys its decision
with respect to that request.
   (b) "Commercial credit reporting agency" means any person who, for
monetary fees, dues, or on a cooperative nonprofit basis, provides
commercial credit reports to third parties.
   (c) "Subject" means the commercial enterprise about which a
commercial credit report has been compiled.

1785.43.  (a) Commercial credit reporting agencies may protect the
identity of sources of information to be used in commercial credit
   (b) Upon the request of a representative of the subject of a
report, the commercial credit reporting agency shall provide one
printed copy of the subject's commercial credit report in a format
routinely made available to third parties, at a cost no greater than
the cost usually charged to third parties.
   (c) In the event that the subject of a commercial credit report
believes the report contains an inaccurate statement of fact, a
representative of the subject of the report may, within 30 days of
receipt of the report pursuant to subdivision (b), file with the
commercial credit reporting agency a written summary statement of not
more than 50 words identifying the particular statement of fact that
is disputed, and indicating the nature of the disagreement with the
statement in the report. Within 30 days of receipt of a subject's
summary statement of disagreement, the commercial credit reporting
agency shall either delete the disputed item of information from the
report, or include in the report an indication that the subject's
summary statement of disagreement will be provided upon request.

1785.44.  Any waiver of the provisions of this title is contrary to
public policy, and is void and unenforceable.

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