80 | 2025 Cal-Peculiarities ©2025 Seyfarth Shaw LLP www.seyfarth.com 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). 104 Civ. Code § 1786.22(b). 105 Gilberg v. Cal. Check Cashing Stores, LLC, 913 F.3d 1169, 1176 (9th Cir. 2019). 106 15 U.S.C. § 1681c(b)(3). 107 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. 108 Bus. & Prof. Code §§ 18890 et seq. 109 Id. § 18890.2(a), (b). 110 Id. § 18890.2(c). 111 Civ. Code § 1786.16(c). 112 Civ. Code § 1786.53(a)(3). 113 Civ. Code § 1786.53(b)(4). 114 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 App. 4th 323 (2005) (holding, in opinion that superseded the lower court decision and that did not reach the ICRRA issues—that trial court could look beyond the pleadings and weigh evidence when deciding how likely a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). 115 Id., 126 Cal. App. 4th at 336. 116 Id. 117 Civ. Code § 1786.53(b)(1)-(3). Copies of the records must be provided within seven days. Id. 118 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. 119 Connor v. First Student, Inc., 5 Cal. 5th 1026, 1035-36 (2018). 120 Gov’t Code § 12940(e). The FEHA prohibits employers from requiring medical or psychological exams or making medical or psychological inquiries unless the examination or inquiry is: (1) job-related and consistent with business necessity; and (2) administered to all employees or applicants in the same job classification. Gov’t Code § 12940(e), (f). Furthermore, employers cannot conduct medical or psychological exams or inquiries of applicants before making an employment offer, absent certain conditions. 2 Cal. Code Regs. § 11071(a), (b). 121 Soroka v. Dayton Hudson Corp., 235 Cal. App. 3d 654 (1991) (decision not officially published), rev. dismissed, 862 P.2d 148 (1993). 122 Lab. Code § 1051. 123 Id. See also Young v. Kenco Logistic Servs., LLC, No. A153023, 2019 WL 5654520, at *8 (Cal. Ct. App. Oct. 31, 2019) (unpublished) (finding no section 1051 violation where the plaintiff failed to allege transmission of video recordings by the employer to a third party). 124 See Lab. Code § 401. 125 Civ. Code § 52.7. 126 Civ. Code § 52.7(h)(1), (3). 127 See City of Ontario v. Quon, 560 U.S. 746, 760 (2010) (assuming, in arguendo, that a police officer “had a reasonable expectation of privacy in the text messages sent on the pager provided to him by the City”). 128 Holmes v. Petrovich Dev. Co., 191 Cal. App. 4th 1047, 1068 (2011); see also Militello v. VFARM 1509, 89 Cal. App. 5th 602, 613–14 (2023) (“presumptively confidential communications sent from and received on a company-owned computer will not be protected from disclosure as privileged if the computer-user had been ‘warned that it was to be used only for company business, that e-mails were not private, and that the company would randomly and periodically monitor its technology resources to ensure compliance with the policy.’”). 129 Civ. Code § 1798.140(i). 130 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)(1)(A)-(C). 131 Civ. Code § 1798.185. 132 Civ. Code § 1798.140(d). 133 Civ. Code § 1798.140(i). 134 Civ. Code § 1798.110. 135 Civ. Code § 1798.106. 136 Civ. Code § 1798.105.
RkJQdWJsaXNoZXIy OTkwMTQ4