Legal Memorandum

Some Constitutional and Statutory Rights Protecting California Consumers


Both the United States Constitution and the California Constitution guarantee privacy and property rights and authorize consumers to file court actions to enforce these rights.

The Fair Credit Reporting Act establishes basic requirements for users of consumer credit reports—e.g., credit unions, merchants, and banks. It offers only administrative enforcement rather than the right to sue. But the Fair Credit Reporting Act’s strong declarations about privacy rights reinforces the California Constitution’s broader access to the courts.

While Civil Code section 1747.85 give issuers wide latitude to cancel credit cards—for all but the most circumspect and conscientious card holders—careful cancellation procedures should be implemented to protect card holders and avoid litigation.

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Reference Info:State, 9th Circuit, California | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Steven McNichols, The Center For Equal Justice Under Law | Attorney Advertising

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