Ballard v. Pac Logistics Corp., 2019 U.S. Dist LEXIS 62121
The Court in Ballard v. Pac Logistics Corp., 2019 U.S. Dist LEXIS 62121 opined "Plaintiff is entitled to $10,000 in statutory damages per violation if he prevails. See Cal. Civ. Code § 1786.50(a)(1).4 Plaintiff has sufficiently pleaded damages to recover as an individual."
What this means for the consumer is that if there is multiple violations in the procurement or preparation of an investigative consumer report then each violation results in $10,000 statutory (minimum) liability to the consumer who is the subject of the report.
Poinsignon v. Imperva, Inc., 2018 U.S. Dist LEXIS 60161
In Poinsignon v. Imperva, Inc., 2018 U.S. Dist LEXIS 60161 the court opined, "ICRAA provides that a defendant is liable to a consumer for “[a]ny actual damages sustained by the consumer as a result of the [defendant’s] failure or, except in the case of class actions, ten thousand dollars ($10,000), whichever sum is greater.” Cal. Civ Code § 1786.50(a)(1). Plaintiff does not claim actual damages. An individual plaintiff who has not incurred any actual damages may still recover $10,000 in statutory damages. However, ICRAA does not provide for the recovery of statutory damages on a class-wide basis. Thus, the class claims for damages under the ICRAA are dismissed."
What this means for the consumer is that even if you have not incurred any damages ANY violation of the statute results in the violator becoming liable to the consumer for the statutory $10,000 per violation.
THE FULL LEGISLATIVE HISTORY AND ANALYSIS OF THE ICRAA
The full legislative history filed in conjunction with Civil Docket California Supreme Court case of Connor v. First Student 5 Civ. No. S229428 Cal.5th 1026*, 423 P.3d 953** 236 Cal.Rptr. 3d 26***2018 Cal.LEXIS 6266
Civil Court Order entered February 5, 2020 by the Honorable Daniel J. Buckley in The Superior Court of California for the County of Los Angeles in First Student, Inc. Cases, JCCP 4624