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Generally, the ICRAA applies to any applicant applying for employment in California. If an applicant lives in a different state but will be working in California that applicant is protected because the ICRAA protects employees working in California.
While similar to the Federal Fair Credit and Reporting Act (FCRA) the Investigative Consumer Reporting Agency Act (ICRAA) only applies to the background reports used for California employment.
The ICRAA and FCRA similarly allow an employer to obtain a background report on employment applicants only after satisfying the requirement of obtaining a signed consent disclosure by the subject of the report.
California Civil Code section § 1786.16 requires that the consent disclosure contain the name, address and telephone number of the consumer reporting agency (CRA) that will be preparing the report. This section also requires the consent disclosure to contain a check box allowing the subject of the report to request a copy of the report if procured.
A compliant consent disclosure will contain the name, address, telephone number of the CRA that will be used in preparing the report and also the required check box option.
The violation for ANY section of the ICRAA is $10,000 or actual damages whichever is greater per violation.
No, simply put the ICRAA is unique and does not require damages to occur. If there has been a violation of the ICRAA the violator (can be either employer or consumer reporting agency) is liable to the consumer for the statutory $10,000 or actual damages whichever is greater.
The language and subsequent liability for violations of the ICRAA is found in California Civil Code section 1786.50.
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