KEMP v. SUPERIOR COURT

Nos. G061122, G061124.

86 Cal.App.5th 981 (2022)

R. KEMP, Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; ACCURATE BACKGROUND LLC, Real Party in Interest. ACCURATE BACKGROUND LLC, Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; R. KEMP, Real Party in Interest.

Court of Appeals of California, Fourth District, Division Three.

December 22, 2022.


Attorney(s) appearing for the Case

No appearance by Respondent.

Outten & Golden, Jahan C. Sagafi, Ossai Miazad, Christopher M. McNerney, Julio Sharp Wasserman and Molly J. Fransden for Petitioner and Real Party in Interest R. Kemp.

Troutman Pepper Hamilton Sanders, Ronald I. Raether, Jr., Elizabeth Holt Andrews and Jessica R. Lohr for Petitioner and Real Party in Interest Accurate Background LLC.


OPINION

Under the federal Fair Credit Reporting Act (FCRA; 15 U.S.C. § 1681 et seq.), a regulated agency may report a person's prior conviction to a prospective employer no matter how long ago it occurred. (15 U.S.C. § 1681c(a)(5).) Conversely, under the Investigative Consumer Reporting Agencies Act...

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