By executing this Agreement, End User acknowledges that End User has read, understands and received the Notice to Users of Consumer Reports. “End User” means a requestor of a Consumer Report. “Consumer Report” means an employment and income report prepared by EES and obtained by End User pursuant to a permissible purpose to make decisions related to a consumer. The Notice to Users of Consumer Reports is available here[HT1]
When requesting employment and income information (“Credit Information”) from Experian Employer Services (“EES”) as an End User, End User will request and use the Credit Information strictly in accordance with the Fair Credit Reporting Act (“FCRA”). End User agrees to and shall individually certify End User’s permissible purpose for access to Credit Information on a consumer when requested by EES. A “consumer” is the individual who is the subject of a Credit Report. End User acknowledges that End User’s use of the Credit Information will be limited to one of the following uses and no other purpose, and End User will not request or use the Credit Information for any other purpose including, without limitation, any purpose prohibited by law.
End User certifies that the use and related permissible purpose that End User designates will be accurate. End User certifies that for each written instruction of a consumer who is the subject of the Credit Information, such written instruction will expressly authorize End User to obtain the Credit Information and will contain at a minimum the consumer’s name, address, and signature. End User agrees to a limited one-time use of each consumer’s Credit Information.
End User acknowledges and agrees that EES, at its sole discretion, may require that End User submit to an additional membership review. End User understands that End User’s access to the verification service may be suspended until such time as the End User’s membership review is complete and approved by EES.
END USER ACKNOWLEDGES THAT 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.
In compliance with Section 1785.14(a) of the California Civil Code, End User certifies to EES that End User is NOT a retail seller, as defined in Section 1802.3 of the California Civil Code, and does NOT issue credit to consumers who appear in person on the basis of applications for credit submitted in person.
You acknowledge that the Credit Information and/or data provided by or received by you may include personal information pertaining to individual consumers and requires that the parties treat such information responsibly and take reasonable steps to maintain appropriate confidentiality and to prevent unlawful dissemination or misuse. You agree that the Credit Information shall only be used as expressly authorized in this Agreement. You agree that under no circumstances will you sell or otherwise disclose any Credit Information, or information contained in or derived from it to any third party unless otherwise required by law.
You agree to and shall comply with all federal, state and local laws, rules, regulations and decisions applicable to your provision to EES of information and your use of the Credit Information and verification service provided under this Agreement.
Vermont Fair Credit Reporting Certification
The user acknowledges that it subscribes to receive various information from Frontline eSolutions, LLC dba uConfirm (“uConfirm”) in accordance with the Vermont Fair Credit Reporting Statute, 9 V.S.A. § 2480e (1999), as amended (the “VFCRA”) and the Federal Fair Credit Reporting Act, 15, U.S.C. 1681 et. Seq., as amended (the “FCRA”) and its other state law counterparts. In connection with continued use of uConfirm information services in relation to Vermont consumers, user hereby certify as follows:
Vermont Certification
User certifies that it will comply with applicable provisions under Vermont law. In particular, user certifies that it will order information services relating to Vermont residents, that are credit reports as defined by the VFCRA, only after user has received prior consumer consent in accordance with VFCRA § 2480e and applicable Vermont Rules. User further certifies that the attached copy of § 2480e of the Vermont Fair Credit Reporting Statute was received from uConfirm.
Vermont Fair Credit Reporting Statute, 9 V.S.A. § 2480e (1999)
§ 2480e. Consumer consent
(a) A person shall not obtain the credit report of a consumer unless:
(1) the report is obtained in response to the order of a court having jurisdiction to issue such an order; or
(2) the person has secured the consent of the consumer, and the report is used for the purpose consented to by the consumer.
(b) Credit reporting agencies shall adopt reasonable procedures to assure maximum possible compliance with subsection (a) of this section.
(c) Nothing in this section shall be construed to affect:
(1) the ability of a person who has secured the consent of the consumer pursuant to subdivision (a)(2) of this section to include in his or her request to the consumer permission to also obtain credit reports, in connection with the same transaction or extension of credit, for the purpose of reviewing the account, increasing the credit line on the account, for the purpose of taking collection action on the account, or for other legitimate purposes associated with the account; and
(2) the use of credit information for the purpose of prescreening, as defined and permitted from time to time by the Consumer Financial Protection Bureau.
VERMONT RULES *** CURRENT THROUGH JUNE 1999 ***
AGENCY 06. OFFICE OF THE ATTORNEY GENERAL
SUB-AGENCY 031. CONSUMER PROTECTION DIVISION
CHAPTER 012. Consumer Fraud–Fair Credit Reporting
RULE CF 112 FAIR CREDIT REPORTING
CVR 06-031-012, CF 112.03 (1999)
CF 112.03 CONSUMER CONSENT
(a) A person required to obtain consumer consent pursuant to 9 V.S.A. §§ 2480e and 2480g shall obtain said consent in writing if the consumer has made a written application or written request for credit, insurance, employment, housing or governmental benefit. If the consumer has applied for or requested credit, insurance, employment, housing or governmental benefit in a manner other than in writing, then the person required to obtain consumer consent pursuant to 9 V.S.A. §§ 2480e and 2480g shall obtain said consent in writing or in the same manner in which the consumer made the application or request. The terms of this rule apply whether the consumer or the person required to obtain consumer consent initiates the transaction.
(b) Consumer consent required pursuant to 9 V.S.A. §§ 2480e and 2480g shall be deemed to have been obtained in writing if, after a clear and adequate written disclosure of the circumstances under which a credit report or credit reports may be obtained and the purposes for which the credit report or credit reports may be obtained, the consumer indicates his or her consent by providing his or her signature.
(c) The fact that a clear and adequate written consent form is signed by the consumer after the consumer’s credit report has been obtained pursuant to some other form of consent shall not affect the validity of the earlier consent.
UDAAP Compliance
If End User is a provider of consumer financial products or services, End User (i) has implemented comprehensive and effective Unfair, Deceptive or Abusive Acts or Practices (UDAAP) compliance management programs and (ii) such implementation, training, and monitoring will be included throughout such compliance programs with other applicable laws and regulations.
ICRAA OBLIGATIONS
If End User’s request for and use of the verification service constitutes an Investigative Consumer Report under ICRAA, End User will comply with all obligations under ICRAA and the California Investigative Consumer Reporting Agencies Act Policy (“ICRAA Policy”), available here[HT2] [DL1]
Additionally, End User shall:
(a) inform EES that the request for Services is for an Investigative Consumer Report if (i) the consumer is located in California, (ii) the rental property or employment, as applicable, is located in California or (iii) the rental decision, employment decision or insurance decision, as applicable, is made in California. End User understands and agrees that even if End User does not indicate that the request for Services is for an Investigative Consumer Report, in accordance with the preceding sentence, if EES determines the Credit Information constitutes an Investigative Consumer Report (as defined in the ICRAA Policy) by reason of the End User’s certification of use for tenant screening, insurance underwriting or employment screening purposes and the consumer is in California, EES will provide the Investigative Consumer Report.
(b) certify to EES that End User has or will make, in accordance with ICRAA, all applicable disclosures required in the ICRAA Policy and in California Civil Code §1786.16, subdivision (a) and End User shall comply with subdivision (b). For ease, the requirements of subdivision (b), as in effect as of the Revised date above, are set forth in the following sections (c), (d) and (e) below.
(c) End User shall comply with the following in its request for and use of the Investigative Consumer Report:
(1) If an Investigative Consumer Report is sought in connection with the underwriting of insurance, End User certifies that it shall comply with the following:
(a) End User shall clearly and accurately disclose in writing at the time the application form, medical form, binder, or similar document is signed by the consumer, that an Investigative Consumer Report regarding the consumer’s character, general reputation, personal characteristics, and mode of living may be made. If no signed application form, medical form, binder, or similar document is involved in the underwriting transaction, the disclosure shall be made to the consumer in writing and mailed or otherwise delivered to the consumer not later than three days after the Investigative Consumer Report was first requested. The disclosure shall include the name and address of any investigative consumer reporting agency conducting an investigation, plus the nature and scope of the investigation requested, and a summary of the provisions of California Civil Code §1786.22. Specifically, with respect to the Services provided by EES, End User shall use the contact information provided to it by EES.
(2) If an Investigative Consumer Report is sought for employment purposes other than suspicion of wrongdoing or misconduct by the subject of the investigation, End User certifies that End User shall request the Investigative Consumer Report from EES only if all of the following apply:
(a) End User has a permissible purpose, as selected above.
(b) End User provides a clear and conspicuous disclosure in writing to the consumer at any time before End User requests the Investigative Consumer Report from EES in a document that consists solely of the disclosure, that:
(i) An Investigative Consumer Report may be obtained.
(ii) The permissible purpose of the Investigative Consumer Report is identified.
(iii) The disclosure may include information on the consumer’s character, general reputation, personal characteristics, and mode of living.
(iv) Identifies the name, address, and telephone number of the investigative consumer reporting agency conducting the investigation. Specifically, with respect to Investigative Consumer Reports provided by EES, End User shall use the contact information provided to it by EES.
(v) Notifies the consumer in writing of the nature and scope of the investigation requested, including a summary of the provisions of California Civil Code §1786.22.
(vi) Notifies the consumer of the Internet Web site address of the investigative consumer reporting agency identified in clause (iv), or, if the agency has no Internet Web site address, the telephone number of the agency, where the consumer may find information about the investigative reporting agency’s privacy practices, including whether the consumer’s personal information will be sent outside the United States or its territories and information that complies with California Civil Code §1786.20, subdivision (d).
(c) The consumer has authorized in writing the procurement of the Investigative Consumer Report.
(d) End User’s request for an Investigative Consumer Report will not violate applicable federal or state equal employment opportunity laws or regulations.
(e) End User certifies, in addition to the requirements set forth herein, to EES that (a) it will ensure that prior to procurement or causing the procurement of an Investigative Consumer Report for employment purposes: (i) a disclosure that complies with ICRAA and the FCRA; and (ii) the consumer has authorized in writing the procurement of the report by the End User; (b) in using an Investigative Consumer Report for employment purposes, before taking any adverse action based in whole or in part on the report, End User shall provide to the consumer to whom the report relates (i) a copy of the report; and (ii) a description in writing of the rights of the consumer as prescribed by the Bureau of Consumer Financial Protection (“Bureau”) under the FCRA; and (c) information from the Investigative Consumer Report will not be used in violation of any applicable federal or state equal employment opportunity law or regulation. End User acknowledges receipt of a copy of the Summary of Consumer Rights prescribed by the Bureau under Section 609(c)(1) of the FCRA and agrees to attach a copy of such Summary of Consumer Rights to each consumer report used for employment purposes as required by Section 604(b)(3)(A)(ii) of the FCRA.
(3) If an Investigative Consumer Report is sought in connection with the hiring of a dwelling unit, as defined in California Civil Code §1940, subdivision (c), End User, not later than three days after the date on which the Investigative Consumer Report was first requested, shall notify the consumer in writing that an Investigative Consumer Report will be made regarding the consumer’s character, general reputation, personal characteristics, and mode of living. The notification shall also include the name and address of the investigative consumer reporting agency that will prepare the Investigative Consumer Report and a summary of the provisions of California Civil Code §1786.22. Specifically, with respect to the Services provided by EES, End User shall use the contact information provided to it by EES.
(d) provide the consumer a means by which the consumer may indicate on a written form, by means of a box to check, that the consumer wishes to receive a copy of any Investigative Consumer Report that is prepared. If the consumer wishes to receive a copy of the Investigative Consumer Report, End User shall send a copy of the Investigative Consumer Report to the consumer within three business days of the date that the Investigative Consumer Report is provided to End User by EES. The notice to request the Investigative Consumer Report may be contained on either the disclosure form, as required by subdivision (a), or a separate consent form. The copy of the Investigative Consumer Report shall contain the name, address, and telephone number of EES as the issuer of the Investigative Consumer Report and how to contact EES with respect to Investigative Consumer Reports;
(e) comply with California Civil Code §1786.40, if End User takes adverse action against the consumer for which the Investigative Consumer Report relates. Specifically, End User acknowledges and agrees to provide to consumers for whom an Investigative Consumer Report is provided, and in the adverse action cases, to include the contact information below for EES as provided by EES to End User;
(f) limit its provision of the EES contact information to a consumer for whom End User has received an Investigative Consumer Report; and the contact information for EES is below:
Mailing Address:
Experian Employer Services
P.O. Box 1971
Woodstock, GA 30188
United States
Phone Number:
(404) 382-5400