California Investigative Consumer Reporting Agencies Act Policy
For purposes of this California Investigative Consumer Reporting Agencies Act Policy, the following terms have the means set forth below:
“Client” means you.
“EBD” means Experian Background Data, Inc.
“FCRA” means federal Fair Credit Reporting Act, 15 U.S.C. 1681 et seq., as amended.
“ICRAA” means California Investigative Consumer Reporting Agencies Act, California Civil Code §1786, et seq.
“Investigative Consumer Report” means an Investigative Consumer Report as defined under ICRAA.
(1) If an Investigative Consumer Report is sought in connection with the hiring of a dwelling unit (i.e., tenant screening), as defined in California Civil Code §1940, subdivision (c), Client, not later than three days after the date on which the Investigative Consumer 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 Investigative Consumer Report and a summary of the provisions of California Civil Code §1786.22. Specifically, with respect to Investigative Consumer Reports provided by EBD, Client shall use the contact information provided to it by EBD.
(2) Client, prior to requesting an Investigative Consumer Report from EBD, has made the applicable disclosures to the consumer as required above and in California Civil Code §1786.16, subdivision (a), and Client shall comply with California Civil Code §1786.16, subdivision (b), as applicable.
(3) Client shall provide a copy of the Investigative Consumer Report to the subject of the investigation, as provided in California Civil Code §1786.16, subdivision (b).
(4) For purposes of ease, the requirements of California Civil Code §1786.16, subdivision (b), as in effect as of March 15, 2020, are set forth below. Should California Civil Code §1786.16, subdivision (b) be revised or amended after March 15, 2020, Client shall be responsible for complying with such updated provision(s).
(5) Client shall:
(a) 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 Investigative Consumer Report that is prepared. If the consumer wishes to receive a copy of the Investigative Consumer Report, Client shall send a copy of the Investigative Consumer Report to the consumer within three business days of the date that the Investigative Consumer Report is provided to Client by EBD. The notice to request the Investigative Consumer Report may be contained on either the disclosure form, as required by subdivision (a), or a separate consent form. The copy of the Investigative Consumer Report shall contain the name, address, and telephone number of EBD as the issuer of the Investigative Consumer Report and how to contact EBD with respect to Investigative Consumer Reports, EBD shall provide Client its contact information;
(b) Comply with California Civil Code §1786.40, if Client takes adverse action against the consumer for which the Investigative Consumer Report relates. Specifically, Client acknowledges and agrees to provide to consumers for whom an Investigative Consumer Report is provided, and in the adverse action cases, to include the contact information for EBD as provided by EBD to Client;
(c) Not use the contact information for Experian Information Solutions to satisfy any of its obligations related to the Investigative Consumer Report; and
(d) The contact information for EBD is below:
Experian Background Data, Inc.
PO Box 1458
Allen, TX 75013
Toll Free number - (833) 256-3148