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Section 11713.20 Of Article 1. Issuance Of Licenses And Certificates To Manufacturers, Transporters, And Dealers From California Vehicle Code >> Division 5. >> Chapter 4. >> Article 1.
11713.20
. (a) A dealer that obtains a consumer credit score, as
defined in subdivision (b) of Section 1785.15.1 of the Civil Code,
from a consumer credit reporting agency, as defined in subdivision
(d) of Section 1785.3 of the Civil Code, for use in connection with
an application for credit initiated by a consumer for the purchase or
lease of a motor vehicle for personal, family, or household use,
shall provide, prior to the sale or lease of the vehicle, the
following information to the consumer in at least 10-point type on a
document separate from the sale or lease contract:
(1) Each credit score obtained and used by the dealer.
(2) A statement that a consumer report, or a credit report, is a record of the consumer's credit history and includes information about whether the consumer pays his or her obligations on time and how much the consumer owes to creditors.
(3) A statement that a credit score is a number that takes into account information in a consumer report and that a credit score can change over time to reflect changes in the consumer's credit history.
(4) A statement that the consumer's credit score can affect whether the consumer can obtain credit and what the cost of that credit will be.
(5) The range of possible credit scores under the model used to generate that credit score.
(6) The distribution of credit scores among consumers who are scored under the same scoring model that is used to generate the consumer's credit score using the same scale as that of the credit score that is provided to the consumer, presented in the form of a bar graph containing a minimum of six bars that illustrates the percentage of consumers with credit scores within the range of scores reflected in each bar, or by other clear and readily understandable graphical means, or a clear and readily understandable statement informing the consumer how his or her credit score compares to the scores of other consumers. Use of a graph or statement obtained from the person providing the credit score that meets the requirements of this paragraph is deemed to comply with this requirement.
(7) The date the credit score was created.
(8) The name of the consumer reporting agency or other person that provided each credit score obtained and used by the dealer.
(9) A statement that the consumer is encouraged to verify the accuracy of the information contained in the consumer report and has the right to dispute any inaccurate information in the report.
(10) A statement that federal law gives the consumer the right to obtain copies of his or her consumer reports directly from the consumer reporting agencies, including a free report from each of the nationwide consumer reporting agencies once during any 12-month period.
(11) Contact information for the centralized source from which consumers may obtain their free annual consumer reports.
(12) A statement directing consumers to the Internet Web sites of the Federal Reserve Board and Federal Trade Commission to obtain more information about consumer reports.
(b) Appropriate use by a dealer of the model form described in Section 640.5(e)(5) of Title 16 of the Code of Federal Regulations and contained in Title 16 of the Code of Federal Regulations Part B, Appendix B, Model Form B-4, as promulgated on January 15, 2010, is deemed to comply with the requirements of this section. Use of the model form is optional.
(c) This section does not apply to the purchase or lease of a motorcycle or an off-highway motor vehicle subject to identification under Section 38010.
(d) This section does not limit or restrict any rights or remedies otherwise available under existing law.
(1) Each credit score obtained and used by the dealer.
(2) A statement that a consumer report, or a credit report, is a record of the consumer's credit history and includes information about whether the consumer pays his or her obligations on time and how much the consumer owes to creditors.
(3) A statement that a credit score is a number that takes into account information in a consumer report and that a credit score can change over time to reflect changes in the consumer's credit history.
(4) A statement that the consumer's credit score can affect whether the consumer can obtain credit and what the cost of that credit will be.
(5) The range of possible credit scores under the model used to generate that credit score.
(6) The distribution of credit scores among consumers who are scored under the same scoring model that is used to generate the consumer's credit score using the same scale as that of the credit score that is provided to the consumer, presented in the form of a bar graph containing a minimum of six bars that illustrates the percentage of consumers with credit scores within the range of scores reflected in each bar, or by other clear and readily understandable graphical means, or a clear and readily understandable statement informing the consumer how his or her credit score compares to the scores of other consumers. Use of a graph or statement obtained from the person providing the credit score that meets the requirements of this paragraph is deemed to comply with this requirement.
(7) The date the credit score was created.
(8) The name of the consumer reporting agency or other person that provided each credit score obtained and used by the dealer.
(9) A statement that the consumer is encouraged to verify the accuracy of the information contained in the consumer report and has the right to dispute any inaccurate information in the report.
(10) A statement that federal law gives the consumer the right to obtain copies of his or her consumer reports directly from the consumer reporting agencies, including a free report from each of the nationwide consumer reporting agencies once during any 12-month period.
(11) Contact information for the centralized source from which consumers may obtain their free annual consumer reports.
(12) A statement directing consumers to the Internet Web sites of the Federal Reserve Board and Federal Trade Commission to obtain more information about consumer reports.
(b) Appropriate use by a dealer of the model form described in Section 640.5(e)(5) of Title 16 of the Code of Federal Regulations and contained in Title 16 of the Code of Federal Regulations Part B, Appendix B, Model Form B-4, as promulgated on January 15, 2010, is deemed to comply with the requirements of this section. Use of the model form is optional.
(c) This section does not apply to the purchase or lease of a motorcycle or an off-highway motor vehicle subject to identification under Section 38010.
(d) This section does not limit or restrict any rights or remedies otherwise available under existing law.
