tion on consumers for the purpose of furnishing consumer reports to third par tles. 3. "Consumer report" means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer's. credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for (a) Credit or insurance to be used primarily for personal, family, or household purposes, or (b) Employment purposes, or (c) Other purposes authorized under 44-1692. The terin does not. Include any report containing Information solely as to transactions or experi-, ences between the consumer and the person making the report; or any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device; or 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 a consumer conveys his decision with respect to such request, if the third party advises the consumer of the name and address of the › person to whom the request was made. "Employment purposes" when used in connection with a consumer report means a report used for the purpose of evaluating a consumer for employ.. ment, promotion, reassignment or retention as an employee. 5. "File" when used in connection with information on any consumer, means all of the Information on that consumer recorded and retained by a consumer reporting agency regardless of how the information is stored. & "Person" means an individual, partnership, corporation, asociation, or any other entity of whatever kind or nature. Added Laws 1970, Ch. 31, § 1. Law Review Commentaries Enforcement to eliminate or alleviate abuses. 18 Aris. Law Rev. 55 (1976). Revised uniform_consumer credit code as a replacement for plecemeal consumer legislation. William F. Boyd, 18 Aris. Law Rev. 1 (1976). 144-1892. Permissible use of consumer reports Except as provided in § 44-1693, a consumer reporting agency may furnish a consumer report only under the following circumstances and no other: 1. In response to the order of a court having jurisdiction to issue such an order. 2. In accordance with the written instructions of the consumer to whom it relates. 3. To a person which it has reason to belleve: (a) Intends to use the Information in connection with a credit transaction involving the consumer on whom the Information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer; or 6) Intends to use the information for employment purposes; or (c) Intends to use the information in connection with the underwriting of insurance involving the consumer; or (d) Intends to use the information in connection with a determination of the consumer's eligibility for a license or other benefit granted by a govern mental instrumentality required by law to consider an applicant's financial responsibility or status; or (e) Otherwise has a legitimate business need for the information in com nection with a business transaction involving the consumer. Added Laws A. Upon furnishing adequate credentials by a consumer as to his identity: 1. A creditor who denies credit to any consumer shal, upon written request, disclose to such consumer the name and address of any consumer reporting agency which has furnished such creditor with a consumer report on such consumer which was considered by the creditor in making the determination. 2. A licensing agency which denies a license to any consumer shall, upon written request, disclose to such consumer the name and address of any consumer reporting agency which has furnished such agency with a consumer report on such consumer which was considered by the licensing agency in making the determination. An employer who denies a consumer employment, a promotion, retention as an employee or reassignment or does reassign the consumer whichever is not to the advantage of the consumer shall, upon written request, disclose to such consumer the name and address of any consumer reporting agency which has furnished such employer with a consumer report on such consumer which was considered by the employer in making the determination. 4. A consumer reporting agency shall, upon written request, disclose to any consumer the contents of its file used for the purpose of making a consuNK.P report on that consumer and any and all facts, allegations or sources upon which such information is based and the name and address of each person requesting a report on the consumer within the previous alx month. B. A consumer reporting agency shall provide trained personnel to interview and counsel with consumers during normal business office hours and assist a consumer in fully understanding all items on his consumer report. 27 C. The consumer shall be permitted to be accompanied by one other person of his choosing, who shall furnish reasonable Identification, at such time as the consumer reviews the files of the consumer reporting agency as provided in this section. D. No consumer reporting agency nor any creditor, licensing agency or employer shall request or require any waiver of rights by any consumer nor charge any fee as a prerequisite to making any of the information available to the consumer or his designee as required under this section. Added Laws 1970, Ch. 31, § 1. Cross References Consumer reports, grounds for nishing, see § 44–1692. | 1286.10 Inspection of files by consumer; avpliability; djsclosures relating ip omployment and other purposes Every consumer credit reporting agency shall, upon request and proper identification of any consumer, allow the 'consumer to visually inspect all files maintained regarding such consumer at the time of the request. (a) All items of information shall be available for inspection, including the souresą, of information. (b) The consumer credit reporting agency shall also disclose the recipients of any consumer credit report on the consumer which the consumer credit reporting agency has furnished: For employment purposes within the two-year period preceding the request. (2) For any other purpose within the six-month period preceding the request. (Added by Stata.1975, e. 1371, p. 3071, § 1.) Asterisks. • Tudiente dolellene by amendment. *\) Similar provisions, ase | 1784.10. Derivation: Former section 1785.3, added as 1763 by Stats 1970, a 1348, p. 3518, 1 renumbered 1785.3 and amended by State 1973, c. 167, p. 444, 4 Library References Mercantile Agencies 1. (e) In accordance with the written instructions of the consumer to whom it relates. (d) To a person which it has reason to believe: (1) Intends to use the information in connection with a credit transaction, or entering or enforcing an order of a court of competent jurisdiction for support, involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer; or Intends to use the information for employment purposes; or (3) Intends to use the information in connection with the underwriting of insurance involving the consumer, the rate for such insurance, or for insurance claims settlements; or (4) Intends to use the information in connection with a determination of the consumer's eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider the applicant's financial responsibility or status; or (5) Otherwise has a legitimate business need for the information in connection with a business transaction involving the consumer. (Added by Stats 1975, c. 1271, p. 3371, § 1.) Similar provisions, see § 1986.13. 1785.12 Report to governmental agency (2) Bults from the date of filing and paid judgments which from the date of entry antedate the report by more than seven years. (8) Unpaid judgments which, from the date of entry, antedate the report by zote than 10 years. 1 (4) Paid tax liens which, from the date of payment, antedate the report by more than seven years. (5) Accounts placed for collection or charged to profit and loss which antedate the report by more than seven years. (6) Records of arrest, indictment, information, misdemeanor complaint, or convietion of a crime which, from the date of disposition, release, or parole, antedate the report by more than seven years. Such items of information shall no longer be reported if at any time it is learned that in the case of a conviction a full pardon has been granted, or in the case of an arrest, indictment, information, or misdemeanor complaint a conviction did not result. Underling Indientes changes or additions by amendment (7) Any other adverse information which antedates the report by more than seven years, (1) A credit transaction involving, or which may reasonably be expected to involve, a principal amount of fifty thousand dollars ($56,000) or more. (2) The underwriting of life Insurance, involving or which may reasonably be expected to Involve, an amount of one hundred thousand dollars ($100,000) or more. (3) The employment of any individual at an annual salary which equals, or may reasonably be expected to equal, thirty thousand dollars ($30,000) or more. (Added by Stats 1875, c. 1971, p. 3371,§ 1.) PIEN. ( Similar provisions, see 1704.18. 1785.18 Matters of pubile record: 'source; reports for employment⋅ purposes (a) Each consumer credit reporting agency which compiles and reports items for Information concerning consumers which are matters of public record shall specify In any report containing public record information the source from which such la formation was obtained, including the particular court, if there be such, and the date that such information was initially reported or publicised. Asterisks ⚫ • Indiente deletions by amendment (b) A consumer reporting agency which furnishes a consumer report for employment purposes and which for that purpose compiles and reports Items of information on consumers which are matters of public record and are likely to have an adverse effect upon a consumer's ability to obtain employment shall in addition maintain strict procedures designed to Insure that whenever public record Information which la likely to have an adverse effect on a consumer's ability to obtain employment is reported it is complete and up to date. For purposes of this paragraph, items of public record relating to arrests, Indictments, convictions, suits, tax liens, and outstanding judgments shall be considered up to date if the current public record status of the item at the time of the report is reported. (Added by Stats. 1975, c. 1271, p. 8375, §.1.); Bimilar provisiong, geo § 1734,25, 800. CHAPTER & REQUIREMENTS ON USERS OF 1785.20 Identity of reporter: notice by user to consumer; ability. 1785.20.5 Employment: denial; identity of reporter; notice by user to consumer; liability. 1785.21 Contact of reporter by user at request of consumer; investigation of dis puted item of information; report by reporter to user and consumer. Chapter 3 was added by Hinta.1976, a. 1871, p. 3$76, § 1. 1785.20.5 Employment; denial; Identity of reporter; notice by user to consumerį liability Whenever employment involving a consumer is denied either wholly or partly because of information contained in a consumer credit report from a consumer credit reporting agency, the user of the consumer credit report shall so advise the consumer against whom the adverse action has been taken and supply the name and address or addresses of the consumer credit reporting agency making the report. No person shall be held liable for any violation of this section if he shows by a preponderance of the evidence that, at the time of the alleged violation, be main-' tained reasonable procedures to assure compliance with this section. (Added by Stats. 1976, c. 686, p. 1648, 7.5.) Library References Mercantile Agencies 1. C.J.B. Mercantile Agencies 2 Article & was added by Statą.1975, c. 18TH, g. 3379, § 1. † 1788.10|Inspection of files by consumer; medical information; availability; * sourass; discovery; amplaymont and other purposes · Every investigative consumer reporting agency shall, upon request and proper Identification of any consumer, allow the consumer to visually inspect all files maintained regarding such consumer at the time of the request, except that medieal information, as defined in subdivision (g) of Section 1786.2 may be withheld. The consumer shall be informed by the investigative consumer reporting agency of the existence of any such medical information withheld and shall have a right to visually inspect such information upon written authorization from the consumer's attending physician. The investigative credit reporting agency shall inform the consumer of the consumer's right to visually inspect such withheld information at the time the consumer makes a request to inspect all files pursuant to this section. (a) All items of information shall be available for inspection, except that the sources of information need not be disclosed. However, in the event an action is brought under this title such sources shall be available to the consumer under appropriate discovery procedures in the court in which the action is brought, Nothing in this title shall be interpreted to mean that investigative consumer reporting agencies are required to divulge to consumers the sources of investigative consumer reports except in appropriate discovery procedurea as outlined herein. (b) The investigative, consumer reporting agency shall also disclose the recipients, of guy investigative consumer report on the consumer which the investigative consper reporting agency has furnished: (1) For employment or insuranos, purposes within the two year period preceding the request. (2) For any other purpose within the six-month period preceding the request. (Added by Stats.1975, c. 1272, p. 3379, § 1.) (3) Intends to use the information in connection with a determination of the con sumer's eligibility for a license or other benefit granted by a governmental Instru mentality required by law to consider the applicant's financial responsibility or status •••; or (4) Intends to use the information in connection with an order of a court of competent jurisdiction to provide support where the imposition or enforcement of the order involves the consumer. (Added by Stata 1976, e. 1272, p. 3880, § 1. Amended by Stata.1976, c. 1150, p. 5210, 2.) Similar provisions, see j 1785.11. 1970 Amendment. Deleted Insurance claims settlements from subd. (d)(t); and inserted "or" at end of subd. (d)(3). 1. In general The deletion of the words "or for insurance claims settlements" from subd. (d) 1786.14 Report to governmental agency དྷ་༡་་་ (3) of this section would not subject insurance claim reports which are not made in connection with application for insurance for personal, family or household purposes to the provisions of the Investigative Consumer Reporting Agencies Act ( 1786 et, 004). Op. Leg. Counsel, 1976 A.J. 30308. |