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Application and Tenant Screening Terms and Conditions

Application Terms of Use Agreement

Last Update on August 10, 2026

I acknowledge that I have reviewed the selection criteria, disclaimers and state that all of the information provided is correct. I understand that if I do not meet the selection criteria or if I fail to answer any questions or provide false information, my application may be rejected and any or all application fees (if applicable) may be forfeited.

I understand that I am providing the “written instructions” to TenantCloud, LLC’s partners who will obtain information from my personal background from TransUnion and public records sources for the purpose of tenant screening.

I authorize TenantCloud, LLC’s partners to obtain such information and provide it to certain identified third parties who are requesting this information about me. The partners must obtain “written instructions” from me prior to sharing any credit history and/or public records with certain identified third parties.

 

TransUnion Terms

Renters Screening Terms of Use Agreement

MANDATORY TERMS FOR EACH CONSUMER AGREEMENT

Welcome to TransUnion® ShareAble®, found at the website, http://www.hires.shareable.com/, or through an integration platform (the “Site”) — a product of TransUnion Rental Screening Solutions, Inc. (“TURSS”). This Terms of Use Agreement (“Agreement”) contains the terms and conditions upon which you (“you,” or the “Member”) may access ShareAble or any products or services offered through the Site. You agree to be legally bound by these terms.

General Terms

TURSS provides access to ShareAble to allow you to authorize and agree to provide your credit and public record information (“Consumer Report Information” or “Credit Information”) to third parties through this platform. From time to time TURSS and/or the owner of this platform may revise these terms and conditions. Revisions will be effective when posted or as otherwise stated. Additional terms and conditions may apply to specifics of other products and services, or to participation in future contests or surveys.

After agreeing to the terms of this Agreement, you will be requested to authenticate your identity (using information from public records and credit information related to the identifying information that you provide, e.g. Social Security Number, Date of Birth) (“Identifying Information”) and acknowledge that upon successful completion of identity verification, your Consumer Report Information will be provided to third parties indicated on your request via this platform. You acknowledge and agree that TURSS and the platform provider are not responsible for any actions or decisions made by any third parties with whom you have agreed to share your Consumer Report Information.

The images, text, screens, web pages, materials, data, content and other information (“Content”) used and displayed through ShareAble and/or the Site are the property of TURSS or its licensors and are protected by copyright, trademark and other laws. In addition to its rights in individual elements of the Content within the Site, TURSS owns intellectual property rights in the selection, coordination, arrangement and enhancement of such Content. None of the Content may be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written permission of TURSS or the owner of the Content.

Disclaimer of Warranties and Liabilities

SHAREABLE AND THE SITE, INCLUDING ALL CONTENT, CREDIT INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE, ARE PROVIDED TO YOU “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER TURSS NOR ITS AFFILIATES NOR ITS DATA PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AS TO THE CONTENT, CREDIT INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR ACCESSED THROUGH SHAREABLE AND THE SITE, THAT YOU OR A THIRD PARTY WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO SHAREABLE OR THE SITE, PRODUCTS OR SERVICES, OR THAT SHAREABLE, THE SITE, PRODUCTS OR SERVICES WILL BE ERROR-FREE. IN ADDITION, TURSS AND ITS AFFILIATES AND ITS DATA PROVIDERS DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND INFORMATIONAL CONTENT.

THEREFORE, YOU AGREE THAT YOUR ACCESS TO AND USE OF SHAREABLE, THE SITE, PRODUCTS, SERVICES AND CONTENT ARE AT YOUR OWN RISK. ADDITIONALLY, YOU AGREE THAT THE CREDIT INFORMATION THAT YOU AUTHORIZE TURSS TO SHARE WITH THIRD PARTIES IS NOT ERROR-FREE AND MAY INCLUDE INFORMATION THAT DOES NOT PERTAIN TO YOU, AND TURSS AND ITS AFFILIATES AND ITS DATA PROVIDERS ARE NOT RESPONSIBLE OR LIABLE FOR ANY ACTION OR DECISION TAKEN BY A THIRD PARTY BASED ON THE CREDIT INFORMATION. BY USING OUR SITE, YOU ACKNOWLEDGE AND AGREE THAT NEITHER TURSS NOR ITS AFFILIATES NOR ITS DATA PROVIDERS HAVE ANY LIABILITY TO YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF SHAREABLE, THE SITE, CONTENT, PRODUCTS OR SERVICES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT. YOU ACKNOWLEDGE AND AGREE THAT TURSS’S DATA PROVIDERS ARE A THIRD-PARTY BENEFICIARY OF THE PROVISIONS OF THIS SECTION, WITH RIGHT OF ENFORCEMENT.

TURSS reserves the right to publish or use any responses, questions or comments emailed to TURSS for promotional or other purposes without any further permission, notice or payment of any kind to the sender. All such submissions are the property of TURSS.

Registration and Accurate Information

If you decide to register on the Site or use ShareAble, you may be required to register, provide personal information, and select a user name and password. You agree to provide accurate information in your registration and not to share your password with third parties. You agree not to impersonate another person or to select or use a user name or password of another person. You agree to notify TURSS promptly of any unauthorized use of your account and of any loss, theft or disclosure of your password. Failure to comply with these requirements shall constitute a breach of these terms and conditions and shall constitute grounds for immediate termination of your account and your right to use the Site.

Our Privacy Policy

By using the Site or purchasing products or services, you agree that we may use and share your personal information in accordance with the terms of our Privacy Statement. Our privacy statement can be reached at http://www.shareable.com/.

Fair Credit Reporting Act

The Fair Credit Reporting Act allows you to obtain from each consumer reporting agency a disclosure of all the information in your consumer file at the time of the request. Full disclosure of information in your file at a consumer reporting agency must be obtained directly from such consumer reporting agency. The credit reports provided or requested through our Site are not intended to constitute the disclosure of information by a consumer reporting agency as required by the Fair Credit Reporting Act or similar laws.

You are entitled to receive a free copy of your consumer report from a consumer reporting agency if:

  • You have been denied or were otherwise notified of an adverse action related to credit, insurance, employment, or a government-granted license or other government-granted benefit within the past sixty (60) days based on information in a credit report provided by such agency.
  • You have been denied house/apartment rental or were required to pay a higher deposit than usually required within the past sixty (60) days based on information in a consumer report provided by such agency.
  • You certify in writing that you are a recipient of public welfare assistance.
  • You certify in writing that you have reason to believe that your file at such credit reporting agency contains inaccurate information due to fraud.

In addition, if you are a resident of Colorado, Maine, Maryland, Massachusetts, New Jersey, or Vermont, you may receive one free copy of your consumer report each year from the consumer reporting agencies. If you are a resident of Georgia, you may receive two free copies of your consumer report each year from the credit bureaus. Otherwise, a consumer reporting agency may impose a reasonable charge for providing you with a copy of your consumer report.

The Fair Credit Reporting Act provides that you may dispute inaccurate or incomplete information in your consumer report. YOU ARE NOT REQUIRED TO PURCHASE YOUR CONSUMER REPORT FROM THE SITE OR SHAREABLE IN ORDER TO DISPUTE INACCURATE OR INCOMPLETE INFORMATION IN YOUR REPORT OR TO RECEIVE A COPY OF YOUR REPORT FROM EQUIFAX, EXPERIAN OR TRANSUNION, THE THREE NATIONAL CREDIT REPORTING AGENCIES, OR FROM ANY OTHER CREDIT REPORTING AGENCY.

Term and Termination; Modification

This Agreement will take effect at the time you click “I Accept,” and shall terminate (a) when either party gives notice of its intention to terminate to the other party hereto, to TURSS via the toll-free number set forth on the website, or (b) if TURSS discontinues providing ShareAble or access to the Site.

TURSS may (i) change the terms of this Agreement or the features of the Service, or (ii) change the Site, including eliminating or discontinuing any content or feature of the Site, restricting the hours of availability, or limiting the amount of use of the Site without notice. If you use ShareAble and/or the Site after TURSS has implemented such changes, you agree to be bound by all of the changes made to the Site or to this Agreement. You are expected to review the Site periodically to ensure familiarity with any posted notices of modification.

Policy Regarding Minors

We define minors as individuals under the age of 18. Our Web Site is not intended for the use of minors and we do not intend to collect information about minors through our Web Site. You must be at least 18 to access any products through this website.

Notices

You should send any notices or other communications regarding ShareAble or our Site to:

TransUnion Rental Screening Solutions Attn.: Counsel for TURSS 555 W. Adams Street Chicago, IL 60661

Except as otherwise provided on this Site, we may send any notices to you to the most recent email address you have provided to us or, if you have not provided an email address, to any email or postal address that we believe is your address. If you wish to update your registration information, please log in to your account and visit the “Your Account” section from the main menu.

Applicable Law

The laws applicable to the interpretation of these terms and conditions shall be the laws of the State of Illinois, USA, and applicable federal law, without regard to any conflict of law provisions. TURSS can provide credit reports only on individuals who have established credit in the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws. You agree that any and all disputes arising under this Agreement or out of TURSS’ provision of services to you, if submitted to a court of law, shall be submitted to the state and federal courts of the Northern District of Illinois, USA.

Permission Statement

You understand that by clicking on the “I Accept” button immediately following this notice, you are providing written authorization to TransUnion Rental Screening Solutions to obtain information from your personal credit profile from TransUnion and public records sources. You instruct TransUnion Rental Screening Solutions to obtain such information and to provide it to certain identified third parties who are requesting this information about you. Before you may use TransUnion ShareAble, we must obtain written authorization from you to give us permission to obtain your TransUnion credit history and public records report and share them with certain identified third parties.

Landlords Service Agreement

MANDATORY TERMS FOR EACH END USER (TURSS SUBSCRIBER) AGREEMENT

This is the service agreement to use ShareAble® (“Service Agreement”). Your acknowledgement and agreement to these terms, as well as the Terms and Conditions of the internet site you are accessing (“Site”), are required to access and/or use TransUnion ShareAble. You agree to be legally bound by these terms. This Service Agreement is made and entered into by and between TransUnion Rental Screening Solutions, Inc. (“TURSS”) and you/your company (“Subscriber,” “You” or “Property Owner”). In consideration of the promises and mutual covenants hereinafter set forth, TURSS and Subscriber hereto agree as follows:

  1. Scope of Agreement. This Agreement applies to any of those information services which Subscriber may desire to receive from TURSS and which TURSS offers to Subscriber via this Site. Such information services shall herein be collectively referred to as “Services” and all information derived therefrom shall be collectively referred to as “Services Information.” Subscriber enters into this Agreement on behalf of itself and its affiliates under common ownership and control, all of which are referred to collectively as Subscriber.
  2. Subscriber’s Business. Subscriber certifies that it is utilizing the Services solely for assisting with making a residential or storage leasing decision.
  3. Consumer Reporting Services

3.1 Consumer Report Information. TURSS makes certain consumer report information services from consumer reporting databases, including but not limited to consumer credit reports and criminal record reports (“Consumer Report Information”), available to its customers who have a permissible purpose for receiving such information in accordance with the Fair Credit Reporting Act (15 U.S.C. §1681 et seq.), including, without limitation, all amendments thereto (“FCRA”). For the purposes of this Agreement, the term “adverse action” shall have the same meaning as that term is defined in the FCRA.

3.2 FCRA Penalties. THE FCRA PROVIDES THAT ANY PERSON WHO KNOWINGLY AND WILLFULLY OBTAINS INFORMATION ON A CONSUMER FROM A CONSUMER REPORTING AGENCY UNDER FALSE PRETENSES SHALL BE FINED UNDER TITLE 18, OR IMPRISONED NOT MORE THAN TWO YEARS, OR BOTH.

3.3 Subscriber Certifications. Subscriber certifies that it shall request Consumer Report Information pursuant to the written authorization of the consumer who is the subject of the Consumer Report Information. Subscriber certifies that each such written authorization will expressly authorize Subscriber to obtain the Consumer Report Information, and will contain at a minimum the subject’s name, address, Social Security number (where available) and signature. Subscriber shall use such Consumer Report Information solely for Subscriber’s exclusive one-time use and pursuant to the consumer’s written authorization, and to use such information solely for assisting with making a residential or storage lease decision, and for no other purpose, subject however to the additional restrictions set forth herein. Moreover, if requested by TURSS, Subscriber agrees to individually certify the permissible purpose for each Consumer Report Information it requests, pursuant to instructions provided from time to time by TURSS. Nothing in this certification, or elsewhere in this Agreement, is intended to allow Subscriber to purchase Consumer Report Information for the purpose of selling or giving the report, or information contained in or derived from it, to the subject of the report, or to any other third party, and Subscriber expressly agrees to refrain from such conduct except where required by law.

3.4 All rental decisions to be made by Subscriber. Subscriber acknowledges and agrees that all decisions of whether or not to rent property to a particular Applicant or Tenant, as well as the length and terms of any such rental, will be made by Subscriber. TURSS shall have no liability to Subscriber or to any Applicant, Tenant, or other person or entity for any rental, or the failure to rent, to any Applicant or Tenant or the terms of any such rental, regardless of whether or not Subscriber’s decision was based on Consumer Report Information, public records, or other information provided to Subscriber by TURSS.

3.5 Compliance with Laws. Subscriber shall be responsible for compliance with all applicable federal (including, but not limited to, the FCRA) and state laws, rules, regulations and judicial actions, as now or as may become effective, to which it is subject.

3.6 Subscriber certifies it shall comply with all requirements related to the public record information (“Public Record Information”) and other applicable data use restrictions (“Data Source Requirements”) described at http://rentalscreening.transunion.com/sites/default/files/RS-Data-Source-Requirements-Agreement.pdf, which may be altered by TURSS from time to time, and certifies that any distribution of the Public Record Information or a Consumer Report shall comply with and contain the state-specific requirements described at http://rentalscreening.transunion.com/sites/default/files/RS-Data-Source-Requirements-Agreement.pdf, which may also be altered by TURSS from time to time.

  1. Ancillary Services

4.1 Fraud Prevention Services. TURSS offers several fraud prevention services that evaluate inquiry input elements against other input elements and/or against proprietary databases to identify potential discrepancies and/or inaccuracies. Fraud prevention service messages may be delivered with Consumer Report Information as a convenience, but are not part of a consumer’s file nor are they intended to be consumer reports. In the event Subscriber obtains any fraud prevention services from TURSS in conjunction with Consumer Report Information or as a standalone service, Subscriber shall not use the fraud prevention services, in whole or in part, as a factor in establishing an individual’s creditworthiness or eligibility for credit, insurance or employment, nor for any other purposes under the FCRA. Moreover, Subscriber shall not take any adverse action, based in whole or in part on the fraud prevention services, against any consumer. As a result of information obtained from the fraud prevention services, Subscriber may choose to obtain additional information from one or more additional independent sources; any action or decision based solely on such additional information shall not be deemed prohibited by this paragraph.

4.2 Scores. Subscriber may request, in writing, that TURSS provide Subscriber certain credit scores, which shall include ResidentScore, collectively referred to herein as “Score(s),” for Subscriber’s exclusive use. TURSS agrees to perform such processing as reasonably practicable. Subscriber shall use Scores only in accordance with its permissible purpose under the FCRA certified at the time of its request for such Scores, and may store Scores solely for Subscriber’s own use in furtherance of Subscriber’s original purpose for obtaining the Scores. Subscriber shall not use the Scores for model development or model calibration and shall not reverse engineer the Scores.

  • 4.2.1 Adverse Action Factors. Subscriber recognizes that factors other than the Scores may be considered in making a decision as to a consumer, including the credit report, the individual account history, application information, and economic factors. TURSS may provide score reason codes to Subscriber, designed to indicate the principal factors that contributed to the Score, which may be disclosed to consumers as the reasons for taking adverse action, as required by the Equal Credit Opportunity Act (“ECOA”) and its implementing Regulation (“Reg. B”). The Score itself, when accompanied by the corresponding reason codes, may also be disclosed to the consumer who is the subject of the Score. However, the Score itself may not be used as the reason for adverse action under Reg. B.
  • 4.2.2 Confidentiality of Scores. Scores are proprietary to TURSS and, without appropriate prior written consent, may not be sold, licensed, copied, reused, disclosed, reproduced, revealed or made accessible, in whole or in part, to any person except: (a) as expressly permitted herein; (b) to those employees of Subscriber with a need to know and in the course of their employment; (c) to those third-party processing agents of Subscriber who have executed an agreement limiting their use of the Scores accordingly and containing the same prohibitions set forth herein regarding model development, model calibration and reverse engineering; (d) when accompanied by the corresponding reason codes, to the consumer who is the subject of the Score; or (e) as required by law. Subscriber shall not, nor permit any third party to, publicly disseminate any results of the validations or other reports derived from the Scores without prior written consent.
  • 4.2.3 Score Performance. Certain Scores are implemented with standard minimum exclusion criteria. TURSS shall not be liable to Subscriber for any claim, injury or damage suffered directly or indirectly by Subscriber as a result of any Subscriber-requested changes to the exclusion criteria which result in normally excluded records being scored. TURSS warrants that the scoring algorithms used in the computation of the scoring services (“Models”) are empirically derived from credit data and are a demonstrably and statistically sound method of rank-ordering candidate records with respect to the purpose of the Scores when applied to the population for which they were developed, and that no scoring algorithm used by a Score uses a “prohibited basis” as that term is defined in ECOA and Reg. B. Scores may appear on a credit report for convenience only, but are not part of the credit report nor do they add to the information in the report on which they are based.
  • 4.2.4 Scores without score factors / adverse action codes. Scores without score factors / adverse action codes may be made available to Subscriber in conjunction with Subscriber’s request for Consumer Report Information. Subscriber represents and warrants that when requesting such Scores, Subscriber shall not use them, nor any information derived therefrom, to take any adverse action as to any individual consumer.
  • 4.2.5 Third-Party Scores and Other Third-Party Services. TURSS has the capability to offer scores derived from models built jointly with third parties, and other services provided by third parties, subject to additional warranties or terms imposed by such third parties. If desired by Subscriber, such third-party scores and services shall be made available pursuant to a separate agreement, appended as a schedule to this Agreement.

4.3 Subscriber Forms. TURSS may offer the ability to electronically maintain and make available to Subscriber, at Subscriber’s request and direction, Subscriber’s forms, including but not limited to lease forms, lease addenda, and consumer correspondence. Subscriber acknowledges and agrees that it is Subscriber’s obligation to ensure the accuracy and completeness of the forms and to ensure compliance with all applicable laws related to their use. TURSS makes no representations or warranties as to the content or use of such forms.

4.4 Subscriber Access. Subscriber agrees that TURSS may store data provided to Subscriber hereunder on behalf of Subscriber, to be used by Subscriber solely for audit or compliance purposes and for no other purpose. All data stored on behalf of Subscriber by TURSS shall be owned by Subscriber and may not be modified in any manner.

  1. Additional Terms and Conditions

5.1 Confidentiality. Subscriber shall hold all Services Information in confidence and shall not disclose the Services to any third party, except as required by law (i.e., an order of a court or a data request from an administrative or governmental agency with competent jurisdiction), provided that Subscriber shall provide TURSS ten (10) days’ prior written notice before any such disclosure. This restriction does not prohibit Subscriber from disclosing to the subject of the Consumer Report Information, who is the subject of an adverse action, the content of the Consumer Report Information as it relates to that adverse action.

5.2 Safeguards. Each party shall implement, and shall take measures to maintain, reasonable and appropriate administrative, technical, and physical security safeguards (“Safeguards”) to (a) ensure the security and confidentiality of personal information; (b) protect against anticipated threats or hazards to the security or integrity of personal information; and (c) protect against unauthorized access or use of personal information that could result in substantial harm or inconvenience to any consumer. When a consumer’s first name or first initial and last name in combination with a Social Security number, driver’s license or ID card number, or account, credit or debit card number, in combination with any required security code, access code, or password permitting access to an individual’s financial account (“Personal Information”), is delivered to Subscriber, Subscriber shall implement and maintain reasonable security procedures and practices appropriate to protect the Personal Information from unauthorized access, destruction, use, modification, or disclosure. Subscriber shall notify TURSS in writing as soon as practicable, but in no event later than forty-eight hours after becoming aware of any potential and/or actual misappropriation or unauthorized disclosure of any information provided by TURSS, including but not limited to theft, loss or interception of Consumer Report Information, unauthorized use of TURSS subscriber codes and passwords, unauthorized entry to facilities where TURSS data may be accessible, or unauthorized release of or access to TURSS data by an employee or agent of Subscriber. Subscriber shall fully cooperate with TURSS in any communications to consumers regarding the incident and in mitigating any resulting damages, including allowing TURSS to participate in the investigation. Such cooperation shall not relieve Subscriber of any liability it may have as a result of such misappropriation or disclosure. Without TURSS’s prior consent, Subscriber shall make no public notification, including press releases or consumer notifications, of any potential or actual occurrence of such misappropriation or unauthorized disclosure.

5.3 Authorized Requests. Subscriber shall use the Services (a) for its certified permissible purpose above, to assist in making a residential or storage lease decision; (b) solely for Subscriber’s exclusive one-time use; and (c) subject to the terms and conditions of this Agreement. Subscriber shall not request, obtain or use Services for any other purpose, including selling, leasing, renting or otherwise providing information obtained under this Agreement to any other party, whether alone, in conjunction with Subscriber’s own data, or otherwise in any derived service. Services shall be requested and disclosed only to Subscriber’s designated and authorized employees having a need to know, only to the extent necessary to enable Subscriber’s use of the Services in accordance with this Agreement. Subscriber shall ensure that such employees do not attempt to obtain Services on themselves, associates, or any other person except in the exercise of their official duties.

5.4 Third-Party Intermediaries. If Subscriber will utilize a third-party intermediary (e.g., an internet service provider or other network provider) to receive Services, Subscriber shall first enter into an agreement with such third party under which it acts solely as a network conduit for delivery of the Services and is prohibited from using or otherwise accessing the Services for any other purpose. Subscriber shall be solely liable for any actions or omissions of such third parties that result in a breach of this Agreement.

5.5 Rights to Services. Subscriber shall not attempt, directly or indirectly, to reverse engineer, decompile, or disassemble the Services or any confidential or proprietary criteria developed or used by TURSS relating to the Services. Except as explicitly set forth in this Agreement, the entire right, title and interest in and to the Services shall at all times vest exclusively in TURSS. TURSS reserves all rights not explicitly granted to Subscriber under this Agreement.

5.6 Notwithstanding anything to the contrary in this Agreement, TURSS hereby grants a limited, non-exclusive, non-transferable license to the Public Record Information and the Services derived from it, and the material content of the Public Record Information and Consumer Reports delivered by TURSS may not be altered, edited, or otherwise changed without TURSS’s prior written consent.

5.7 Fees and Payments. Subscriber is responsible for full payment of the Services. Upon delivery of the Services, Subscriber will be responsible for immediate payment, and outstanding amounts may be subject to a late charge of one and one-half percent (1.5%) per month (18% per year) or the maximum allowed by law, whichever is less. If collection efforts are required, Subscriber shall pay all costs of collection, including reasonable attorney’s fees.

  • 5.7.1 In the event TURSS’s cost of rendering Services increases as a result of federal, state or local laws, ordinances or other regulatory, administrative or governmental acts, TURSS may implement a surcharge, provided that (a) any surcharge will be applicable generally to TURSS’s customers, and (b) any surcharge will be applied only to services pertaining to consumers in the affected geographic area. A legislative surcharge is imposed on certain types of reports pertaining to consumers residing in the United States, and an additional surcharge is imposed on certain reports pertaining only to Colorado residents.

5.8 Term, Termination and Survival. The term of this Agreement shall commence upon agreeing to its terms and shall remain in effect until terminated by any party for any reason whatsoever.

  • 5.8.1 With the exception of TURSS’s obligation to provide Services, all provisions of this Agreement shall survive termination, including all restrictions on Subscriber’s use of Services Information. Termination shall not relieve Subscriber of any fees or other payments due to TURSS through the date of termination, nor affect any rights, duties or obligations of either party accruing prior to the effective date of termination.

5.9 Limited Warranty. TURSS represents and warrants that the Services will be provided in a professional and workmanlike manner consistent with industry standards. TURSS DOES NOT WARRANT THE SERVICES TO BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SERVICES WILL MEET SUBSCRIBER’S REQUIREMENTS. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES THAT MIGHT BE IMPLIED FROM A COURSE OF PERFORMANCE OR DEALING OR TRADE USAGE OR WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

5.10 Limitation of Liability. TURSS’S SOLE LIABILITY, AND SUBSCRIBER’S SOLE REMEDY, FOR VIOLATIONS OF THIS AGREEMENT BY TURSS OR FOR BREACH OF TURSS’S OBLIGATIONS SHALL BE THE CORRECTION OF ANY DEFECTIVE SERVICE OR THE REFUND OF FEES PAID FOR SAME.

  • 5.10.1 IN NO EVENT SHALL TURSS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OF GOOD WILL AND LOST PROFITS OR REVENUE, WHETHER OR NOT SUCH LOSS OR DAMAGE IS BASED IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, INDEMNITY, OR OTHERWISE, EVEN IF TURSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
  • 5.10.2 ADDITIONALLY, TURSS SHALL NOT BE LIABLE TO SUBSCRIBER FOR ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT BROUGHT MORE THAN TWO (2) YEARS AFTER THE CAUSE OF ACTION HAS ACCRUED.

5.11 Notwithstanding anything to the contrary in this Agreement, use of Public Record Information, and Services derived from it, shall be subject to the following: THE PUBLIC RECORD INFORMATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TURSS AND ITS DATA PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PUBLIC RECORD INFORMATION, AND DO NOT GUARANTEE ITS ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, AND SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY USE OF THE PUBLIC RECORD INFORMATION. Subscriber shall indemnify, defend, and hold harmless TURSS and its data providers from and against any and all liabilities, damages, losses, claims, costs, fees, and expenses (including reasonable attorney and expert witness fees) arising out of or related to Subscriber’s use of the Public Record Information obtained from TURSS. Subscriber acknowledges that TURSS’s data providers are a third-party beneficiary of this section, with right of enforcement.

5.12 Assignment and Subcontracting. Subscriber may not assign or otherwise transfer this Agreement, in whole or in part, without TURSS’s prior written consent. TURSS may assign or transfer this Agreement to an affiliate, or in the event of a purchase of substantially all of TURSS’s assets or a corporate reorganization. TURSS shall have the unrestricted right to subcontract the Services, provided such subcontracting does not relieve TURSS of its obligations under this Agreement. The limited warranty and limitation of liability provisions shall also apply for the benefit of TURSS’s licensors, subcontractors and agents.

5.13 No Waiver. No failure by either party to enforce any covenant, agreement, or condition shall operate as a discharge of it, or render it invalid, or impair either party’s right to enforce it in the event of any subsequent breach.

5.14 Independent Contractors. This Agreement is not intended to create or evidence any employer-employee arrangement, agency, partnership, joint venture, or similar relationship.

5.15 Severability. Each provision of this Agreement will be interpreted, whenever possible, to be effective and valid under applicable law, but if any provision is held prohibited or invalid, it will be ineffective only to that extent, without invalidating the remainder of the Agreement.

5.16 Force Majeure. TURSS shall not be liable for any delay in performance or failure to perform under this Agreement caused by conditions beyond TURSS’s reasonable control.

5.17 Audit Rights. During the term of this Agreement and for five (5) years thereafter, TURSS may audit Subscriber’s policies, procedures and records pertaining to this Agreement, to ensure compliance, upon reasonable notice and during normal business hours.

5.18 Governing Law. This Agreement shall be construed and governed by the laws of the State of Illinois, without reference to its choice of law principles.

5.19 Notices. Subscriber acknowledges that any notice provided by TURSS to any electronic mail address provided by Subscriber shall suffice for proper notice under this Agreement. All of Subscriber’s communications or notices required or permitted by this Agreement shall be sufficiently given if in writing and delivered (i) personally, (ii) by U.S. first class mail, (iii) by reputable overnight delivery service, (iv) by electronic mail, or (v) by facsimile, to:

TURSS: TransUnion Rental Screening Solutions Attn.: Counsel for TURSS 555 W. Adams St. Chicago, IL 60661

5.20 Trademarks. Both Subscriber and TURSS shall submit to the other, for written approval prior to use, distribution, or disclosure, any material — including advertising, promotion, or publicity — in which any trade name, trademark, service mark, and/or logo (the “Marks”) of the other party are used (the “Materials”). Each party may require the correction or deletion of any misleading, false, or objectionable material from the Materials. Neither party shall remove the other’s Marks from any information materials or reports, and shall comply with the other’s instructions regarding use of the Marks. Each party acknowledges that (i) the other’s Marks remain the sole property of the other party, (ii) nothing in this Agreement confers any ownership right in the other’s Marks, and (iii) neither party shall contest the validity of the other’s Marks. Notwithstanding the foregoing, without Subscriber’s prior written approval, TURSS shall have the right to disclose Subscriber’s marks to third parties in consumer credit reports containing Subscriber’s account information.

5.21 By signing this Agreement, Subscriber acknowledges receipt of a copy of the Federal Trade Commission’s “Notice to Users of Consumer Reports: Obligations of Users Under the FCRA” and a copy of the Consumer Financial Protection Bureau’s “Using Consumer Reports: What Employers Need to Know,” both reproduced below.

5.22 The individual executing this Agreement has direct knowledge of all facts certified, and the authority to both execute this Agreement on behalf of Subscriber and bind Subscriber to its terms.

5.23 TruValidate Services.

  • 5.23.1 In connection with the Services, Subscriber desires to obtain TransUnion’s TruValidate Service pursuant to the following additional terms:
    • 5.23.1.1 Subscriber and its employees shall comply with all applicable federal, state and local laws, statutes, rules and regulations, including but not limited to Section 6802(e) of the Gramm-Leach-Bliley Act (“GLB”), Title V, Subtitle A, Financial Privacy (15 U.S.C. §6801-6809) and its implementing FTC rules; all other applicable privacy laws; “do not call” laws; the Driver’s Privacy Protection Act (18 U.S.C. §2721 et seq.) (“DPPA”) and similar state laws governing driver’s license information; the Telephone Consumer Protection Act (47 U.S.C. §227) (“TCPA”); the Foreign Corrupt Practices Act of 1977 (15 U.S.C. §§78dd-1 et seq.) (“FCPA”); the California Consumer Privacy Act (California Civil Code §1798.100 et seq.) (“CCPA”); and similar state laws. Subscriber and its employees, agents, and contractors shall comply with relevant federal and state laws regulating the collection, use, and retention of biometric information.
    • 5.23.1.2 Subscriber shall comply with all terms and guidelines in TransUnion user guides and other related documentation (“Documentation”) provided in connection with the Services.
    • 5.23.1.3 TransUnion and its affiliates may use the data Subscriber provides only in connection with the Services as provided by this Service Agreement, and for no other purpose.
    • 5.23.1.4 With respect to each Subscriber request for TruValidate Services, Subscriber certifies that it and its employees will request, obtain and use such Services only for the following GLB Permitted Use (“Permitted Use”):
      • 5.23.1.4.1 To use in the normal course of business to verify the accuracy of information submitted by the consumer and, if incorrect, to obtain the correct information — but only to protect against or prevent actual fraud, unauthorized transactions, claims or other liability.
    • 5.23.1.5 Subscriber shall not request, obtain or use Services for marketing purposes, nor for any purpose except as expressly provided herein. Subscriber shall not take any adverse action based in whole or in part on the TruValidate Services against any consumer. “Adverse action” and “consumer” have the same meanings as defined in the FCRA.
    • 5.23.1.6 Subscriber shall not use any TruValidate Service, in whole or in part, as a factor in establishing an individual’s creditworthiness or eligibility for (i) credit or insurance, or (ii) employment, nor for any other purpose under the FCRA.
    • 5.23.1.7 To the extent any TruValidate Service contains Consumer Reports as defined in the FCRA, Subscriber certifies it will request and use these Services solely for one of the permissible purposes certified in the Service Agreement. Subscriber may request and use Account Verification only subject to the written authorization of the subject consumer.
  • 5.23.2 TransUnion hereby grants Subscriber a limited, nonexclusive, non-transferable, non-sublicensable, revocable license to use the TruValidate Services (together with all content, applications, programs, license keys, patches, updates, upgrades, improvements, modifications, enhancements, fixes, revised versions, and derivative works thereof — collectively, the “Software”) during the term of the applicable Service Agreements, solely for the purposes described herein and in the Documentation. As between the parties, TransUnion retains all right, title, and interest in and to the Software and Service, including all patent, copyright, trademark, trade secret, and other intellectual property rights. TransUnion reserves all rights not expressly granted herein.
  • 5.23.3 Subscriber shall not, directly or indirectly, authorize any person or entity to: (i) sell, rent, lease, distribute, redistribute or transfer the TruValidate Services or any related software development kit, or use the TruValidate Services in a hosted or managed services environment; (ii) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the TruValidate Services or its structural framework; (iii) modify or create derivative works of the Software; (iv) use the TruValidate Services for any purpose except as expressly provided under this Agreement or the Documentation; (v) remove any proprietary notice, labels, or marks on or in the Software; or (vi) disable or circumvent any access control or related process. Subscriber may not use the TruValidate Services for illegal, unlawful or malicious activities.
  • 5.23.4 Subscriber agrees that any performance agreements, uptime commitments, performance metrics, and service level commitments contained in this Agreement, any Service Agreement, or statement of work shall not apply to TruValidate Services.

Entire Agreement. THIS AGREEMENT, INCLUDING ALL EXHIBITS AND ATTACHMENTS, CONSTITUTES THE ENTIRE AGREEMENT BETWEEN TURSS AND SUBSCRIBER AND SUPERSEDES ALL PREVIOUS AGREEMENTS AND UNDERSTANDINGS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, SOLELY WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT. THIS AGREEMENT MAY NOT BE ALTERED, AMENDED, OR MODIFIED EXCEPT BY WRITTEN INSTRUMENT SIGNED BY THE DULY AUTHORIZED REPRESENTATIVES OF BOTH PARTIES.

All users of consumer reports must comply with all applicable regulations. Information about applicable regulations currently in effect can be found on the Consumer Financial Protection Bureau’s website, http://www.consumerfinance.gov/learnmore.

Using Consumer Reports: What Employers Need to Know

When you use consumer reports to make employment decisions like hiring, promotion, reassignment, and retention, the Fair Credit Reporting Act requires you to take important compliance steps.

Your company has job vacancies to fill. You’re also thinking about promoting some employees from within the company. You’ve winnowed down the stack of applications and resumes and want to run background checks through a third-party company in the business of compiling background information.

Employment background checks also are known as consumer reports. They can include information from a variety of sources, including credit reports and criminal records.

When you use consumer reports to make employment decisions, including hiring, retention, promotion or reassignment, you must comply with the Fair Credit Reporting Act (FCRA). The Federal Trade Commission (FTC) enforces the FCRA.

Complying with the FCRA

You must take certain steps before you can get a consumer report, and before and after you take an adverse action based on that report.

Before You Get a Consumer Report

You must:

  • Tell the applicant or employee that you might use information in their consumer report for decisions related to their employment. This notice must be in writing and in a stand-alone format; it cannot be part of the employment application. You may include a brief description of the nature of consumer reports, but only if it does not confuse or detract from the notice.
  • Get written permission from the applicant or employee. This can be part of the notice document. If you want authorization to get consumer reports throughout the person’s employment, say so clearly and conspicuously.
  • Certify compliance to the company from which you are getting the applicant or employee’s information. You must certify that you notified the applicant or employee and got their permission, complied with all FCRA requirements, and will not discriminate against or otherwise misuse the information, as provided by any applicable federal or state equal opportunity laws.

It’s a good idea to review your state’s laws related to consumer reports, since some states restrict the use of consumer reports — usually credit reports — for employment purposes.

Before You Take an Adverse Action

Before you reject a job application, reassign or terminate an employee, deny a promotion, or take any other adverse employment action based on information in a consumer report, you must give the applicant or employee:

  • a notice that includes a copy of the consumer report you relied on; and
  • a copy of A Summary of Your Rights Under the Fair Credit Reporting Act, which the company that gave you the report should have given to you.

Giving the person the notice in advance lets them review the report and tell you if it’s correct.

After You Take an Adverse Action

If you take an adverse action based on information in a consumer report, you must notify the applicant or employee — orally, in writing, or electronically. The notice must include:

  • the name, address, and phone number of the consumer reporting company that supplied the report;
  • a statement that the company that supplied the report did not make the decision and can’t give specific reasons for it; and
  • a notice of the person’s right to dispute the accuracy or completeness of any reported information, and to get an additional free report from the company if they ask within 60 days.

Investigative Reports

Employers who use “investigative reports” — reports based on personal interviews concerning a person’s character, general reputation, personal characteristics, and lifestyle — have additional obligations under the FCRA, including giving written notice that you may request or have requested an investigative consumer report, and a statement of the person’s right to request additional disclosures and a summary of the scope and substance of the report (see 15 U.S.C. §1681d(a), (b)).

Disposing of Consumer Reports

When you’re done using a consumer report, you must securely dispose of the report and any information gathered from it — including burning, pulverizing, or shredding paper documents, and disposing of electronic information so it can’t be read or reconstructed.

Notice to Users of Consumer Reports: Obligations of Users Under the FCRA

The Fair Credit Reporting Act (FCRA), 15 U.S.C. 1681-1681y, requires that this notice be provided to inform users of consumer reports of their legal obligations. State law may impose additional requirements. The full text of the FCRA is available on the Consumer Financial Protection Bureau’s website, http://www.consumerfinance.gov/learnmore. If you are a furnisher of information to a consumer reporting agency (CRA), you have additional obligations and will receive a separate notice from the CRA describing your duties.

The first section below sets forth the responsibilities imposed by the FCRA on all users of consumer reports. Later sections discuss the duties of users of reports containing specific types of information, or used for certain purposes, and the legal consequences of violations.

  1. Obligations of All Users of Consumer Reports
    A. Users Must Have a Permissible Purpose

Congress has limited the use of consumer reports to protect consumers’ privacy. All users must have a permissible purpose under the FCRA to obtain a consumer report. Section 604 lists the permissible purposes, including:

  • As ordered by a court or a federal grand jury subpoena. Section 604(a)(1)
  • As instructed by the consumer in writing. Section 604(a)(2)
  • For the extension of credit as a result of a consumer’s application, or the review or collection of a consumer’s account. Section 604(a)(3)(A)
  • For employment purposes, including hiring and promotion decisions, where the consumer has given written permission. Sections 604(a)(3)(B) and 604(b)
  • For the underwriting of insurance as a result of a consumer’s application. Section 604(a)(3)(C)
  • When there is a legitimate business need in connection with a business transaction initiated by the consumer. Section 604(a)(3)(F)(i)
  • To review a consumer’s account to determine whether the consumer continues to meet the terms of the account. Section 604(a)(3)(F)(ii)
  • To determine a consumer’s eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant’s financial responsibility or status. Section 604(a)(3)(D)
  • For use by a potential investor or servicer, or current insurer, in valuing or assessing the credit or prepayment risks of an existing credit obligation. Section 604(a)(3)(E)
  • For use by state and local officials in connection with determining, modifying, or enforcing child support payments. Sections 604(a)(4) and 604(a)(5)

In addition, creditors and insurers may obtain certain consumer report information to make “prescreened” unsolicited offers of credit or insurance. Section 604(c). The obligations of users of “prescreened” information are described in Section VII below.
B. Users Must Provide Certifications

Section 604(f) prohibits any person from obtaining a consumer report from a CRA unless the person has certified to the CRA the permissible purpose(s) for which the report is being obtained, and certifies that the report will not be used for any other purpose.
C. Users Must Notify Consumers When Adverse Actions Are Taken

“Adverse action” is defined very broadly by Section 603 and includes business, credit, and employment actions affecting consumers that have a negative impact as defined by Section 603(k) — such as denying or cancelling credit or insurance, or denying employment or promotion. No adverse action occurs where a creditor makes a counteroffer that the consumer accepts.

  1. Adverse Actions Based on Information Obtained From a CRA. If a user takes an adverse action based at least in part on information in a consumer report, Section 615(a) requires the user to notify the consumer, in writing, orally, or electronically, including:
    • The name, address, and telephone number (including a toll-free number, if the CRA is nationwide) of the CRA that provided the report.
    • A statement that the CRA did not make the adverse decision and cannot explain why it was made.
    • A statement of the consumer’s right to a free disclosure of their file from the CRA if requested within 60 days.
    • A statement of the consumer’s right to dispute directly with the CRA the accuracy or completeness of any information it provided.
  2. Adverse Actions Based on Information Obtained From Third Parties Who Are Not CRAs. If a person denies (or increases the charge for) credit for personal, family, or household purposes based wholly or partly on information from a non-CRA source, and that information is of the type covered by the FCRA, Section 615(b)(1) requires the user to clearly and accurately disclose the consumer’s right to be told the nature of the information relied upon, if the consumer requests this in writing within 60 days of notification. The user must provide the disclosure within a reasonable time following the request.
  3. Adverse Actions Based on Information Obtained From Affiliates. If a person takes an adverse action involving insurance, employment, or a consumer-initiated credit transaction, based on FCRA-covered information obtained from an affiliated entity, Section 615(b)(2) requires the user to notify the consumer of the adverse action, and that the consumer may request disclosure of the nature of the information within 60 days. If requested, the user must disclose the nature of the information within 30 days of the request. If consumer report information is shared among affiliates and then used for an adverse action, the user must instead make the adverse action disclosure described in I.C.1 above.
    D. Users Have Obligations When Fraud and Active Duty Military Alerts Are in Files

When a consumer has placed a fraud alert (including one relating to identity theft) or an active duty military alert with a nationwide CRA, Section 605A(h) imposes limitations on users of reports obtained from that CRA in certain circumstances, including establishing a new credit plan or issuing additional credit cards. For initial fraud alerts and active duty alerts, the user must have reasonable policies and procedures to form a belief that it knows the applicant’s identity, or must contact the consumer at a telephone number the consumer specified; for extended fraud alerts, the user must contact the consumer using the contact information in the consumer’s alert.
E. Users Have Obligations When Notified of an Address Discrepancy

Section 605(h) requires nationwide CRAs to notify users when the address provided by the user in requesting a report is substantially different from the addresses in the consumer’s file. Users must then comply with procedures specified by the Consumer Financial Protection Bureau and banking and credit union regulators.
F. Users Have Obligations When Disposing of Records

Section 628 requires that all users of consumer report information have procedures in place to properly dispose of records containing this information. The Consumer Financial Protection Bureau, the Securities and Exchange Commission, and the banking and credit union regulators have issued regulations covering disposal. The Consumer Financial Protection Bureau’s regulations may be found at http://www.consumerfinance.gov/learnmore.

2. Creditors Must Make Additional Disclosures

If a person uses a consumer report in connection with an application for, or a grant, extension, or provision of, credit on material terms that are materially less favorable than the most favorable terms available to a substantial proportion of consumers from that person, based in whole or in part on the report, the person must provide a risk-based pricing notice in accordance with regulations jointly prescribed by the CFPB and the Federal Reserve Board.

Section 609(g) requires disclosure by all persons who make or arrange loans secured by residential real property (one to four units) and who use credit scores. These persons must provide credit scores and related information to applicants, including the “Notice to the Home Loan Applicant” disclosure set forth in Section 609(g)(1)(D).

3. Obligations of Users When Consumer Reports Are Obtained for Employment Purposes
A. Employment Other Than in the Trucking Industry

If information from a CRA is used for employment purposes, the user has specific duties under Section 604(b). The user must:

  • Make a clear and conspicuous written disclosure to the consumer before obtaining the report, in a document that consists solely of that disclosure, that a consumer report may be obtained.
  • Obtain the consumer’s prior written authorization (authorization to access reports during employment may be obtained at the time of hire).
  • Certify to the CRA that the above steps have been followed, that the information will not be used in violation of any federal or state equal opportunity law, and that a copy of the report and a summary of rights will be provided before any adverse action is taken based on the report.

Before taking an adverse action, the user must provide a copy of the report and the summary of consumer rights. A Section 615(a) adverse action notice should be sent after the adverse action is taken. An adverse action notice is also required in employment situations if credit information (other than transactions and experience data) obtained from an affiliate is used to deny employment (Section 615(b)(2)).

The procedures for investigative consumer reports and employee misconduct investigations are set forth below.
B. Employment in the Trucking Industry

Special rules apply for truck drivers where the only interaction between the consumer and the potential employer is by mail, telephone, or computer. The consumer may provide consent orally or electronically, and an adverse action may be given orally, in writing, or electronically. The consumer may obtain a copy of any report relied upon by contacting the trucking company.
4. Obligations When Investigative Consumer Reports Are Used

Investigative consumer reports contain information about a consumer’s character, general reputation, personal characteristics, and mode of living, obtained through personal interviews by a consumer reporting agency. Consumers who are the subjects of such reports have special rights under the FCRA. If a user intends to obtain one, Section 606 requires:

  • Written disclosure to the consumer, mailed or otherwise delivered before or no later than three days after the report was first requested, stating that an investigative consumer report may be obtained and including the consumer’s right to request additional disclosures about the nature and scope of the investigation, along with the summary of consumer rights required by Section 609.
  • Certification to the CRA that these disclosures have been made and will be made as described below.
  • Upon the consumer’s written request within a reasonable time, a complete written disclosure of the nature and scope of the investigation, mailed or delivered no later than five days after the request was received or the report was first requested, whichever is later.
    5. Special Procedures for Employee Investigations

Section 603(x) provides special procedures for investigations of suspected employee misconduct or compliance with laws, regulations, self-regulatory organization rules, or written employer policies. These investigations are not treated as consumer reports so long as the employer or its agent complies with Section 603(x), and a summary of the nature and scope of the inquiry is given to the employee if an adverse action is taken based on the investigation.
6. Obligations of Users of Medical Information

Section 604(g) limits the use of medical information obtained from CRAs (other than coded payment information that does not identify the medical provider). If used for an insurance transaction, the consumer must consent or the information must be coded. If used for employment purposes or in connection with a credit transaction (except as provided in regulations issued by the banking and credit union regulators), the consumer must provide specific written consent and the information must be relevant. Any user who receives medical information shall not disclose it to any other person, except as necessary to carry out the purpose for which it was disclosed, or as permitted by statute, regulation, or order.

7. Obligations of Users of “Prescreened” Lists

The FCRA permits creditors and insurers to obtain limited consumer report information for unsolicited offers of credit or insurance under certain circumstances (Sections 603(l), 604(c), 604(e), and 615(d)) — known as “prescreening.” Anyone using prescreened lists must, before making the offer, establish the criteria for the offer and for granting credit or insurance, and maintain those criteria on file for three years from the date the offer is made. Each written solicitation must also include a clear and conspicuous statement that:

  • Information in the consumer’s CRA file was used in the transaction.
  • The consumer received the offer because they satisfied the screening criteria.
  • Credit or insurance may not be extended if the consumer is later found not to meet the criteria, or does not furnish required collateral.
  • The consumer may opt out of future prescreened offers by contacting the notification system established by the CRA that provided the report (the statement must include the address and toll-free number of that system).

8. Obligations of Resellers
A. Disclosure and Certification Requirements

Section 607(e) requires anyone who obtains a consumer report for resale to:

  • Disclose the identity of the end-user to the source CRA.
  • Identify to the source CRA each permissible purpose for which the report will be furnished to the end-user.
  • Establish and follow reasonable procedures to ensure reports are resold only for permissible purposes, including procedures to obtain the identity of all end-users, certifications of each purpose for which reports will be used, and certifications that reports won’t be used for any other purpose. Resellers must make reasonable efforts to verify this information before selling the report.
    B. Reinvestigations by Resellers

Under Section 611(f), if a consumer disputes the accuracy or completeness of information in a reseller’s report, the reseller must determine whether the issue resulted from its own action or omission and, if so, correct or delete the information. If not, the reseller must forward the dispute to the source CRA for reinvestigation, and must immediately convey the results to the consumer once notified.
C. Fraud Alerts and Resellers

Section 605A(f) requires resellers who receive fraud alerts or active duty alerts from another CRA to include them in their reports.
9. Liability for Violations of the FCRA

Failure to comply with the FCRA can result in state or federal government enforcement actions, as well as private lawsuits (Sections 616, 617, and 621). Any person who knowingly and willfully obtains a consumer report under false pretenses may also face criminal prosecution (Section 619).

The CFPB’s website, http://www.consumerfinance.gov/learnmore, has more information about the FCRA, including publications for businesses and the full text of the law.

FCRA Section Citations (15 U.S.C. §1681 et seq.)

Section

U.S. Code

602

15 U.S.C. 1681

603

15 U.S.C. 1681a

604

15 U.S.C. 1681b

605

15 U.S.C. 1681c

605A

15 U.S.C. 1681cA

605B

15 U.S.C. 1681cB

606

15 U.S.C. 1681d

607

15 U.S.C. 1681e

608

15 U.S.C. 1681f

609

15 U.S.C. 1681g

610

15 U.S.C. 1681h

611

15 U.S.C. 1681i

612

15 U.S.C. 1681j

613

15 U.S.C. 1681k

614

15 U.S.C. 1681l

615

15 U.S.C. 1681m

616

15 U.S.C. 1681n

617

15 U.S.C. 1681o

618

15 U.S.C. 1681p

619

15 U.S.C. 1681q

620

15 U.S.C. 1681r

621

15 U.S.C. 1681s

622

15 U.S.C. 1681s-1

623

15 U.S.C. 1681s-2

624

15 U.S.C. 1681t

625

15 U.S.C. 1681u

626

15 U.S.C. 1681v

627

15 U.S.C. 1681w

628

15 U.S.C. 1681x

629

15 U.S.C. 1681y