Saturday, September 30, 2023
Courthouse News Service
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Court Calls Privacy Protection Law Vague

SANTA ANA, Calif. (CN) - Ruling on a matter of first impression, a California appeals court found that the Investigative Consumer Reporting Agencies Act is unconstitutionally vague about whether screening reports contain character information about a prospective tenant.

Rae Ortiz claimed it was illegal for Lyon Management Group to use a screening report to evaluate her rental application, because her eviction history constitutes "character information" subject to the Act.

The court found that reasonable people cannot readily determine whether the eviction information is character information governed by the ICRAA or "creditworthiness" information allowed under the Consumer Credit Reporting Agencies Act. Summary judgment for the landlord affirmed. See ruling.

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