Ortiz

These appeals raise an issue of first impression involving California’s credit reporting statutes—the Investigative Consumer Reporting Agencies Act (ICRAA) (Civ. Code, § 1786 et seq.) 2and the Consumer Credit Reporting Agencies Act (CCRAA) (§ 1785.1 et seq.)—and a novel class action issue.

First, plaintiff Rae F. Ortiz appeals from a summary judgment entered in favor of defendant Lyon Management Group, Inc. Plaintiff alleges defendant violated the ICRAA when it obtained a tenant screening report to assess her rental application. The ICRAA governs “investigative consumer reports” containing “information on a consumer’s character, general reputation, personal characteristics, or mode of living . . . .” (§ 1786.2, subd. (c).) Plaintiff contends her tenant screening report contained character information because it indicated whether any unlawful detainer actions had been filed against her.

We hold the ICRAA is unconstitutionally vague as applied to tenant screening reports containing unlawful detainer information. Reasonable persons cannot readily determine whether unlawful detainer information constitutes “character” information governed by the ICRAA or “creditworthiness”…