78 | 2023 Cal-Peculiarities ©2023 Seyfarth Shaw LLP www.seyfarth.com 75 Civ. Code § 1786.16(b)(1),(c). 76 Civ. Code § 1786.16(a)(2). 77 California employers procuring a report must also disclose the website of the investigative consumer reporting agency. Civ. Code § 1786.16(a)(2)(B)(vi). If the investigative consumer agency does not have a website, then the consumer must receive a telephone number to learn about the investigative consumer agency’s privacy practices, including whether the consumer’s personal information will be sent outside the United States or its territories. Civ. Code § 1786.16(a)(2)(B)(vi). 78 Civ. Code § 1786.22(b). 79 Gilberg v. California Check Cashing Stores, LLC, 913 F.3d 1169, 1176 (9th Cir. 2019). 80 15 U.S.C. § 1681c(b)(3). 81 Civ. Code § 1786.18(a)(7) (investigative consumer reporting agency may not report records of convictions that from date of disposition, release, or parole antedate report by more than seven years). Section 1786.18(b)(2) exempts reports for employers explicitly required by government regulatory agencies to check for certain records. 82 Bus. & Prof. Code § 18890 et seq. 83 Id. § 18890.2(a), (b). 84 Id. § 18890.2(c). 85 Civ. Code § 1786.16(c). 86 Civ. Code § 1786.53(a)(3). 87 Civ. Code § 1786.53(b)(4). 88 Moran v. Murtaugh, Miller, Meyer & Nelson, 126 Cal. App. 4th 323 (2005) (holding—in opinion that superseded the lower court decision and that did not reach the ICRRA issues—that trial court could look beyond the pleadings and weigh evidence when deciding how likely a “vexatious litigant” was to prevail), aff’d on other grounds, 40 Cal. 4th 780 (2007). 89 Id., 126 Cal. App. 4th at 336. 90 Id. 91 Civ. Code § 1786.53(b)(1)-(3). Copies of the records must be provided within seven days. Id. 92 Moran v. The Screening Pros, LLC, 2012 U.S. Dist. LEXIS 158598 (C.D. Cal. Sept. 28, 2012), rev’d, 923 F.3d 1209 (9th Cir. 2019). The plaintiff sued Screening Pros for issuing a background check report on him that contained his criminal history, in violation of the ICRAA. Screening Pros moved to dismiss, successfully arguing that ICRAA is unconstitutionally vague as to criminal history information, leaving persons of reasonable intelligence unable to tell whether that information is “character” information that ICRAA governs or “creditworthiness” information that the CCRAA governs. This distinction matters because ICRAA imposes stricter duties and more severe penalties—such as the option to seek $10,000 in statutory damages in lieu of damages. Following the California Supreme Court’s decision in Connor v. First Student, the Ninth Circuit reversed the district court and remanded for further proceedings. 93 Connor v. First Student, Inc., 5 Cal. 5th 1026, 1035-36 (2018). 94 Gov’t Code § 12940(e). 95 Soroka v. Dayton Hudson Corp., 235 Cal. App. 3d 654 (1991) (decision not officially published), rev. dismissed, 862 P.2d 148 (1993). 96 Lab. Code § 1051. 97 Id. 98 Lab. Code § 401. 99 Civ. Code § 52.7. 100 Civ. Code § 52.7(h)(1), (3). 101 See City of Ontario v. Quon, 560 U.S. 746 (2010) (assuming, in arguendo, that a police officer sending personal text messages while using a police-issued pager had a reasonable expectation of privacy in their content). 102 Holmes v. Petrovich Dev. Co., 191 Cal. App. 4th 1047, 1068 (2011). 103 Civ. Code § 1798.140(i). 104 A covered business is any for-profit business that collects California consumers’ personal information and meets any one of the following criteria: (1) had an annual gross revenue of above $25 million in the prior calendar year, (2) annually collects, stores, analyzes, discloses, or otherwise uses the personal information of 100,000 or more California consumers or households, or (3) derives at least 50% of its annual revenue from selling or sharing the personal information of California consumers. Civ. Code § 1798.140(d). 105 Civ. Code § 1798.185. 106 Civ. Code § 1798.140(d). 107 Civ. Code § 1798.140(i). 108 Civ. Code § 1798.110. 109 Civ. Code § 1798.106. 110 Civ. Code § 1798.105. 111 Civ. Code § 1798.121.
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