Consumer Watchdog Joins Amicus Brief To Protect Consumers' Privacy And Keep California Courthouse Doors Open

Filing in Yeh v. Barrington Pacific, LLC urges the Court of Appeal to reject federal-style standing hurdles that would weaken Californians' consumer-privacy rights under the Investigative Consumer Reporting Agencies Act (ICRAA).

LOS ANGELES, Aug. 26, 2025 /PRNewswire/ -- Consumer Watchdog announced today that it has joined an amicus curiae brief led by Ted Mermin and the UC Berkeley Center for Consumer Law & Economic Justice in Yeh v. Barrington Pacific, LLC (No. B337904). The brief defends tenants' ability to enforce ICRAA's core privacy protections in California courts—without importing federal Article III "injury-in-fact" barriers that the Legislature never required. California's courts are courts of general jurisdiction, and standing in state court turns on the statute at issue. Here, the statute requires landlords and reporting agencies to provide clear notices and copies of reports; tenants may sue when those requirements are violated. 

"Background-check abuse hurts real people. When landlords and screening companies rely on errant disclosures or hide the report, families can lose homes and opportunities with no warning," said William R. Pletcher, Head of Litigation at Consumer Watchdog. "The Legislature gave Californians strong privacy rights and a way to enforce them in state court. Courts should not graft federal-style standing hurdles onto those rights." 

Why this matters for renters and consumers

• Privacy you can use. ICRAA requires notice and a copy of any investigative consumer report so people can spot errors and fight identity theft. Automatic copies protect consumers; making them optional or unenforceable would invite more hidden checks and bad data.

• Access to justice. California courts aren't bound by the federal Constitution's "case or controversy" limits. If federal-style standing were imported, many consumer-protection claims would be blocked even when the Legislature created a right and a remedy.

• Real-world violations. In Yeh, the tenants say they didn't receive the notices and copies the law requires—exactly the kind of statutory breach ICRAA empowers consumers to challenge. The Legislature did not add any separate "concrete injury" requirement for such claims. 

"Consumer Watchdog's mission is to hold powerful interests accountable and make consumer protections work in people's everyday lives," Pletcher added. "This case is about keeping those protections enforceable—so renters get the transparency the law promises, and unlawful data practices don't go unchecked."

About the case

The appeal asks whether tenants must meet a federal-style "injury-in-fact" test to bring ICRAA claims in California courts. The amici explain that state-court standing is a matter of statutory interpretation: the Legislature decides who may sue, and ICRAA's disclosure-and-copy rules are enforceable without importing Article III. The brief urges reversal to preserve Californians' access to justice and the practical enforceability of consumer-privacy statutes.

A copy of the amicus brief is available here.

The brief was jointly filed by: UC Berkeley Center for Consumer Law & Economic Justice; Consumer Watchdog; Center For California Homeowner Association Law; Community Legal Services - East Palo Alto; Consumers For Auto Reliability and Safety; East Bay Community Law Center; Housing and Economic Rights Advocates; Impact Fund; Katherine & George Alexander Community Law Center; Open Door Legal; Public Counsel; Public Justice; Public Law Center; and The University off San Diego School of Law Legal Clinics.

Special thanks to Ted Mermin, Executive Director, David Nahmias, Legal Director, and Student Fellow Léo Mandani, of the UC Berkeley Center for Consumer Law & Economic Justice.

About Consumer Watchdog

Consumer Watchdog is a nonprofit, nonpartisan organization that advocates for consumers through litigation, advocacy, and public education. We fight to protect privacy, end unfair practices, and ensure that the laws on the books deliver real-world protections for Californians.

SOURCE Consumer Watchdog