Bill Text: CA SB1366 | 2015-2016 | Regular Session | Introduced

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Bill Title: Consumer credit reporting: violations: remedies.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2016-11-30 - From committee without further action. [SB1366 Detail]

Download: California-2015-SB1366-Introduced.html

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BILL NUMBER: SB 1366	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Runner

                        FEBRUARY 19, 2016

   An act to amend Section 1785.19 of the Civil Code, relating to
consumer credit reporting.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1366, as introduced, Runner. Consumer credit reporting:
violations: remedies.
   Existing state and federal law regulate credit reporting agencies
and prescribe the purposes for which a consumer credit report may be
furnished by an agency. Existing law authorizes a consumer to bring
an action for a civil penalty not to exceed $2,500 against a person
who knowingly and willing accesses a file or file data in violation
of the purposes for which a consumer credit report may be furnished.
   This bill would increase the amount of the civil penalty,
described above, to $250,000. The bill would also make technical and
conforming changes.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1785.19 of the Civil Code is amended to read:
   1785.19.  (a)  In addition to any other remedy provided by law, a
consumer may bring an action for a civil penalty, not to exceed two
 thousand five hundred   hundred and fifty
thousand  dollars  ($2,500),   ($250,000)
 against any of the following:
   (1) A person who knowingly and willfully obtains access to a file
other than as provided in Section 1785.11.
   (2)  Any   A  person who knowingly and
willfully obtains data from a file other than as provided in Section
1785.11.
   (3) A person who uses the data received from a file in a manner
contrary to an agreement with the consumer credit reporting agency.
    Such an  (b)     An 
action  as described in subdivision (a)  may also be brought
by the person or entity responsible for the file accessed. This
remedy is in addition to any other remedy which may exist. 
   (b) 
    (c)  If a plaintiff prevails in an action under
subdivision  (a)   (a),  he or she shall be
awarded the civil penalty, costs, and reasonable attorney fees.