A group of tenants has taken legal action against a major property management company, alleging serious violations of consumer protection laws. On August 15, 2024, Bobby Pearson, Maximino Martinez Jr., and Anastacia Boone filed a complaint in the Ventura Superior Court against Richman Property Services, Inc., accusing the company of multiple infractions including false advertising and failure to comply with the Investigative Consumer Reporting Agencies Act (ICRAA).
The plaintiffs claim that Richman Property Services, Inc., which operates Sycamore Senior Apartments in Oxnard, California, did not adhere to the stringent requirements set forth by the ICRAA when conducting background checks on prospective tenants. According to the complaint, the company failed to provide necessary disclosures and obtain proper authorizations before procuring investigative consumer reports on potential renters. The plaintiffs argue that this lack of compliance not only violates their privacy but also constitutes unfair business practices.
"California has many protections for apartment tenants," states the complaint. "One such legislative protection is the Investigative Consumer Reporting Agencies Act (ICRAA), California Civil Code sections 1786—1786.60." The plaintiffs allege that Richman Property Services ignored these protections by not providing notices about investigative consumer reports or allowing applicants to request copies of these reports. This omission is significant because it deprives tenants of crucial information about what is being reported about them.
The lawsuit details how Pearson, Martinez Jr., and Boone applied for housing at Sycamore Senior Apartments in 2023 and 2024. They were required to fill out multi-page applications and pay application fees, which they believe were used to fund unauthorized background checks. Despite paying these fees, they were never given an option to receive copies of their investigative consumer reports nor informed about their rights under ICRAA.
The plaintiffs are seeking various forms of relief from the court. They demand actual damages for emotional distress and invasion of privacy as well as statutory damages amounting to $10,000 per violation per plaintiff. Additionally, they seek punitive damages and declaratory relief aimed at stopping further violations by Richman Property Services. They also request an injunction compelling the company to comply with ICRAA provisions going forward.
Represented by Glenn A. Murphy from Litigation Advocacy Group, the plaintiffs hope this case will serve as a warning to other landlords who might be tempted to flout tenant protection laws. The case has been assigned Case No. 2024CUBT028661 in Ventura Superior Court.