onecle - legal research

Court Opinions

State Laws

US Code

US Constitution

California Civil Code Section 1786.16

Legal Research Home > California Laws > Civil Code > California Civil Code Section 1786.16

1786.16.  (a) Any person described in subdivision (d) of Section
1786.12 shall not procure or cause to be prepared an investigative
consumer report unless the following applicable conditions are met:
   (1) If an investigative consumer report is sought in connection
with the underwriting of insurance, it shall be clearly and
accurately disclosed in writing at the time the application form,
medical form, binder, or similar document is signed by the consumer
that an investigative consumer report regarding the consumer's
character, general reputation, personal characteristics, and mode of
living may be made. If no signed application form, medical form,
binder, or similar document is involved in the underwriting
transaction, the disclosure shall be made to the consumer in writing
and mailed or otherwise delivered to the consumer not later than
three days after the report was first requested. The disclosure shall
include the name and address of any investigative consumer reporting
agency conducting an investigation, plus the nature and scope of the
investigation requested, and a summary of the provisions of Section
1786.22.
   (2) If, at any time, an investigative consumer report is sought
for employment purposes other than suspicion of wrongdoing or
misconduct by the subject of the investigation, the person seeking
the investigative consumer report may procure the report, or cause
the report to be made, only if all of the following apply:
   (A) The person procuring or causing the report to be made has a
permissible purpose, as defined in Section 1786.12.
   (B) The person procuring or causing the report to be made provides
a clear and conspicuous disclosure in writing to the consumer at any
time before the report is procured or caused to be made in a
document that consists solely of the disclosure, that:
   (i) An investigative consumer report may be obtained.
   (ii) The permissible purpose of the report is identified.
   (iii) The disclosure may include information on the consumer's
character, general reputation, personal characteristics, and mode of
living.
   (iv) Identifies the name, address, and telephone number of the
investigative consumer reporting agency conducting the investigation.
   (v) Notifies the consumer in writing of the nature and scope of
the investigation requested, including a summary of the provisions of
Section 1786.22.
   (vi) Notifies the consumer of the Internet Web site address of the
investigative consumer reporting agency identified in clause (iv),
or, if the agency has no Internet Web site address, the telephone
number of the agency, where the consumer may find information about
the investigative reporting agency's privacy practices, including
whether the consumer's personal information will be sent outside the
United States or its territories and information that complies with
subdivision (d) of Section 1786.20. This clause shall become
operative on January 1, 2012.
   (C) The consumer has authorized in writing the procurement of the
report.
   (3) If an investigative consumer report is sought in connection
with the hiring of a dwelling unit, as defined in subdivision (c) of
Section 1940, the person procuring or causing the request to be made
shall, not later than three days after the date on which the report
was first requested, notify the consumer in writing that an
investigative consumer report will be made regarding the consumer's
character, general reputation, personal characteristics, and mode of
living. The notification shall also include the name and address of
the investigative consumer reporting agency that will prepare the
report and a summary of the provisions of Section 1786.22.
   (4) The person procuring or causing the request to be made shall
certify to the investigative consumer reporting agency that the
person has made the applicable disclosures to the consumer required
by this subdivision and that the person will comply with subdivision
(b).
   (5) The person procuring the report or causing it to be prepared
agrees to provide a copy of the report to the subject of the
investigation, as provided in subdivision (b).
   (b) Any person described in subdivision (d) of Section 1786.12 who
requests an investigative consumer report, in accordance with
subdivision (a) regarding that consumer, shall do the following:
   (1) Provide the consumer a means by which the consumer may
indicate on a written form, by means of a box to check, that the
consumer wishes to receive a copy of any report that is prepared. If
the consumer wishes to receive a copy of the report, the recipient of
the report shall send a copy of the report to the consumer within
three business days of the date that the report is provided to the
recipient, who may contract with any other entity to send a copy to
the consumer. The notice to request the report may be contained on
either the disclosure form, as required by subdivision (a), or a
separate consent form. The copy of the report shall contain the name,
address, and telephone number of the person who issued the report
and how to contact them.
   (2) Comply with Section 1786.40, if the taking of adverse action
is a consideration.
   (c) Subdivisions (a) and (b) do not apply to an investigative
consumer report procured or caused to be prepared by an employer, if
the report is sought for employment purposes due to suspicion held by
an employer of wrongdoing or misconduct by the subject of the
investigation.
   (d) Those persons described in subdivision (d) of Section 1786.12
constitute the sole and exclusive class of persons who may cause an
investigative consumer report to be prepared.

Section: Previous  1786.10  1786.11  1786.12  1786.14  1786.16  1786.18  1786.20  1786.22  1786.24  1786.26  1786.28  1786.29  1786.30  1786.40  Next

Last modified: March 17, 2014