Court Opinions

State Laws

US Code

US Constitution

California Civil Code Section 1786.40

Legal Research Home > California Lawyer > Civil Code > California Civil Code Section 1786.40

(a) Whenever insurance for personal, family, or household
purposes, employment, or the hiring of a dwelling unit involving a
consumer is denied, or the charge for that insurance or the hiring of
a dwelling unit is increased, under circumstances in which a report
regarding the consumer was obtained from an investigative consumer
reporting agency, the user of the investigative consumer report shall
so advise the consumer against whom the adverse action has been
taken and supply the name and address of the investigative consumer
reporting agency making the report.
   (b) Whenever insurance for personal, family, or household purposes
involving a consumer is denied or the charge for that insurance is
increased, either wholly or in part because of information bearing
upon the consumer's general reputation, personal characteristics, or
mode of living, that was obtained from a person other than an
investigative consumer reporting agency, the consumer, or another
person related to the consumer and acting on the consumer's behalf,
the user of the information shall, within a reasonable period of
time, and upon the consumer's written request for the reasons for the
adverse action received within 60 days after learning of the adverse
action, disclose the nature and substance of the information to the
consumer. The user of the information shall clearly and accurately
disclose to the consumer his or her right to make this written
request at the time the adverse action is communicated to the
consumer.

Last modified: January 12, 2009