California Civil Code Section 1785 mimics the Fair Credit Reporting Act very closely with one major exception. Section 1785.25(a) creates a private cause of action that stating “[a] person shall not furnish information on a specific transaction or experience to any consumer credit reporting agency if the person knows or should know the information is incomplete or inaccurate.”
Private Right of Action
A private right of action to sue persons who furnish information they knowingly or should know is incorrect exists squarely and indisputably under § 1785.25(a) and is specifically not preempted by the Fair Credit Reporting Act § 1681t(b)(F)(ii). Carvalho v. Equifax Info. Servs., LLC, 629 F.3d 876, 888 (9th Cir.Cal. 2010); Browndorf v. TD Bank, N.A., 2012 U.S. Dist. LEXIS 99237 (C.D. Cal. July 17, 2012). This means that you can sue any furnisher of information for purposely or negligently reporting false information to your credit report.
Statute of Limitations – Two Years
“An action to enforce any liability created under this chapter may be brought in any appropriate court of competent jurisdiction within two years from the date the plaintiff knew of, or should have known of, the violation of this title, but not more than seven years from the earliest date on which liability could have arisen, except that where a defendant has materially and willfully misrepresented any information required under this chapter to be disclosed to a consumer and the information so misrepresented is material to the establishment of the defendant’s liability to the consumer under this chapter, the action may be brought at any time within two years after the discovery by the consumer of the misrepresentation.” California Civil Code 1785.33.
Defamation? Damage?
If you feel that you have lost a job, not gotten a job, failed to qualify for a home loan or just cant get something off your credit report, please give us a call so that we can explore your options.
