Findigs Terms of Use 

Last Updated: April 27, 2020
 

Welcome to Findigs 


Our mission is to make life easier and better for both renters and landlords. We believe paying rent and applying for rentals should be less stressful and have built ground-breaking technology to make that a reality. As a renter, Findigs allows you to easily pay your landlord rent and earn Findigs Points for Qualifying Transactions & Events. As a landlord, Findigs delivers the fastest and most user-friendly rental application, screening, onboarding and payment solution on the market.

Below is a formal description of what you can expect from using our service. We detail how the process works, including your rights as a user as well as our policies and procedures. 

Please read these terms in full as they contain important information on your legal rights, remedies and obligations.  

By browsing/using the site, downloading the Application, completing the registration process and/or clicking the “I Accept” button , you represent and warrant that A) you have read, understood and agree to be bound by these Terms of Use, B) you are of legal age to form a binding contract with Findigs and C) You will only use the Services for your own internal, non-commercial (except as explicitly agreed on by you and Findigs), personal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you.  If your use of the Services is prohibited by applicable laws, then you are not authorized to use the Services.  We cannot and will not be responsible for your using the Services in a way that breaks the law. 

If you do not agree to these Terms, you may not use the site, application or services. 

 

Preamble 


Findigs, Inc. (hereafter referred to as “Findigs,” “we,” “us,” or “our”) provides an online community assistant for renters and landlords. We facilitate certain aspects of the rental process, including the payment of rent. Any questions regarding these terms may be directed to support@findigs.com. We may amend this agreement from time to time and will post notice of the latest version to the Website. The revised version will be effective immediately after we post it. Changes will not apply retroactively. Your continued use of the services following any update to this Agreement will be deemed acceptance of the updated Agreement. If you do not agree to the modified terms of this Agreement, you should discontinue use of the Services. 
 

Privacy and your Personal Information 

 

Protecting your personal information is a top priority for Findigs. For information about our personal information practices, please read Findigs Privacy Policy, which is hereby incorporated into these Terms of Service. This policy explains how we treat and guard your personal information when you use the Site and Services. The policy may be changed from time to time; changes will be effective upon posting to the Site. 

Description of the Services 

 

Findigs is a platform dedicated to making renting a more enjoyable experience. We have first-hand familiarity with the headaches and challenges of renting an apartment or home and are here to build better communities with our groundbreaking technology. Findigs is a single platform for users to pay rent, earn Findigs Points and discover ways to engage with local/national brands. Findigs offers an alternative to mailing a rent check & rewards you for on-time and early payments with Findigs Points. 

Definitions. The following terms shall have the meanings set forth in this section, or in the section they first appear. 

“Content” means text, graphics, images, information or other materials accessible through the Site, Application or Services 

“Member” means a person who completes Findigs’ account registration process as described under “Registration” below. 

“Bona Fide Rent Payment” means a payment by a tenant to a landlord with whom they have lawfully executed Lease, for the expressed and sole purpose of rent per the terms of that Lease. 

“Linked Account” means an eligible checking account of which you are an authorized holder of record. Findigs has partnered with Plaid to allow you to securely link accounts and will access the account and routing number from such accounts without storing personal or sensitive information on Findigs servers. 

“Scheduled Date” means the date you select for Findigs to begin the process of printing and mailing a check to your landlord. It may take up to 5 business days from your Scheduled Date for a check to reach your Landlord.

Registration

In order to access of use the Services, you must: 1) be over the age of 18, reside in the United States and have a non-VoIP, United States-based mobile number – Company in its sole discretion determines whether a mobile phone number is acceptable; 2) accept and agree to be bound by these Terms of Use and our Privacy Policy; 3)complete Member Registration with us to create a Findigs’ Account; 4) maintain your Account in good standing; 5) provide all information requested by us, including but not limited to: your full legal name, phone number, valid email address, and Linked Account information.  You represent and warrant that all information you provide to us is true, accurate, current and complete and agree not to misrepresent your identity in any way. You further agree to promptly notify us at support@findigs.com of any changes to personal information relevant to your Account. Please see our Privacy Policy as it governs our collection, use, storage and disclosure of your personal information.

 

You are solely responsible for maintaining the confidentiality of your Account Login Information (email address and password). You agree not to authorize any other person to use your Account for any purpose. Except as otherwise provided by applicable law, you are solely responsible for any actions, transactions or other activities performed using your Account performed using your Account. If you believe any of your Account Login Information has been compromised, obtained or used by any person, or you become aware of a breach of the security of the Services, you must notify us immediately at support@findigs.com. 

Pay Rent Service 

Findigs’ “Pay Rent” Service enables Members to make Bona Fide Rent Payments each month through their Findigs account by becoming a Member, entering Payment Details matching your Lease, selecting a Scheduled Date, Payment Amount, and designating a Linked Account. Upon completion of this and your authorization, Findigs will issue and mail your Landlord a rent check with your account and routing number, on or within one (1) business day of your Scheduled Date for your designated Payment amount, via our Third Party Processor. By scheduling a payment, you affirm that you have or will have sufficient funds in your Linked Account for the check to clear, and that you have authority to direct funds of that account. Findigs assumes no responsibility for fees and consequences arising from insufficient funds in your Linked Account. Further, It is incumbent on you to ensure that all information is correct, Findigs assumes no responsibility for fees or errors arising from incorrect information. Your landlord does not need to be an existing Findigs user for you to enroll in the “Pay Rent” services, or take any additional steps other than depositing your payment. When your Landlord endorses and deposits the first check from Findigs, they agree A) to become a participating Landlord and receive subsequent payments from Findigs, B) that each such payment from Findigs is a Bona Fide Rent Payment, C) to be bound by these Terms as applicable.  

The "Pay Rent" services are presently free for users, and while that is subject to change in the future, Findigs agrees to notify all users before such a change. You may elect to leave a voluntary tip upon scheduling a Bona Fide Rent Payment to support the Findigs community. Any tips will be deducted from your Linked Account on or about the Scheduled Date of your payment. 

Fraud Review 

To prevent any attempts at money laundering and fraud, Findigs reserves the right to conduct a Fraud Review in our sole discretion on any Rent Payment made through the Services, and Reject any payment we deem, in good faith and accordance with our Fraud Review, to be illegitimate. Such Fraud Review will be conducted by our internal Fraud Review Team according to our Protocol and may include, but is not limited to: validating sufficient balance in your Linked Account, validating your identity and your Landlord's, requesting an executed copy of your Lease. 

On-Time Guarantee

We want to make late fees a thing of the past. That's why as part of our "On-Time Guarantee," we'll reimburse late fees incurred by you, up to $200.00, that arise as a result of our failure to deliver your rent check in a timely manner. Our On-Time Guarantee also allows you to direct Findigs to overnight another check to your Landlord at no cost to you.

To be eligible for Late Fee Reimbursement or a Complimentary Overnight Check under our On-Time Guarantee you must meet all the following Requirements:

  • Have successfully scheduled a Bona Fide Rent Payment via the Findigs App with a Scheduled Date more than 5 business days before the Due Date stated on your Lease. 

  • Not have any Rejected Payments by the Findigs Fraud Review Team.

  • Have correctly entered Payment Details matching your Lease, including but not limited to: Your Address and if applicable, Unit Number, Your Rent Amount in Full, Your Landlord's Name, Your Landlord's Address and if applicable, Unit Number.

  • Maintain sufficient funds in your Linked Account to pay Your Rent Amount in Full from time of your Scheduled Date through when you Landlord deposits your check.

To file a Late Fee Reimbursement claim, send an email to support@findigs.com within 15 days of your Lease's stated Due Date, including:

  • A copy executed copy of your Lease.

  • A copy of an official notice letter from your Landlord, showing that a late fee has been assessed and the amount.

  • Your Landlord's business phone number, business address and email address.

We will conduct a review as swiftly as commercially reasonable. Upon conclusion of our review, if our requirements are met, we'll reimburse the amount stated in your lease, up to $200.00 via express mail to your Landlord.

Please note, Findigs will not be liable nor will reimburse any late fees or any other penalties charged to you that result from: your lack of sufficient funds in your Linked Account, any errors made by you entering your Payment Details, or fees charged to you by your Landlord not explicitly stated in your Lease. We reserve the right to, in our sole discretion, deny subsequent Late Fee Reimbursement claims if, in good faith we believe you, or your Landlord are attempting to defraud Findigs.

To request a Complimentary Overnight Check, send an email to support@findigs.com within 10 days of your Scheduld Date, including:

  • A copy executed copy of your Lease.

  • Your Landlord's business phone number, business address and email address.

If all Requirements are met, we will contact your Landlord to confirm non-receipt of your check. If the check hasn't been received by 4 days after your Lease's stated Due Date, we will provide instructions to schedule a Complimentary Overnight Check within the app. Please note, Payment Details of the Complimentary Overnight Check must match both your Lease and your original Payment Details and you must have sufficient funds to pay your Rent Amount In Full. 

Access 

 

Use of the Service may require a compatible mobile device and Internet access. Your ability to use the Service may be affected by performance of these items. You acknowledge and agree that all such system requirements, which may be changed from time to time, are your responsibility, and your mobile carrier’s standard charges, data rates and other fees may apply. Further, you agree to always use the most recent version of the Service made available by Findigs. 

Redemption of Findigs Points 

Findigs Points have no cash, monetary or other value and cannot be converted into any currency. Findigs Points may be redeemed for various rewards that we make available, and that may change, from time to time.  

You may use our Services to redeem points for the rewards that we make available. You may redeem points in accordance with such conditions and upon payment of such fees as we may determine at any time. The number of points recorded in your account and the number of reward points required to obtain any particular reward are subject to verification by us. Once a reward has been requested or redeemed by a user, no changes, refunds or return of points are permitted. All rewards are offered subject to availability and restrictions imposed by the reward suppliers. We assume no responsibility for any loss, damage, defect, injury, death or expense relating to any reward or a rewards processing or shipment, or for your rewards not turning out as you expected for whatever reason. 

Qualifying Transactions & Events 

Findigs users are permitted to earn Findigs Points in connection by making on-time and early Bona Fide Rent Payments (Qualifying Transactions). Payments with a Scheduled Date on or before the 20th of the month will earn 1,000 Findigs Points, credited once our Third Party Processor puts the check in the mail. Payments made between the 21st and last day of the month will earn 500 Findigs Points, credited once our Third Party Processor puts the check in the mail. From time to time, Findigs will present users the opportunity to earn points by providing feedback and information via the in-app chat function (Qualifying Events). Users are under no obligation to do so, and Findigs reserves the right to set Findigs Points level on a case-by-case basis for Qualifying Events. Findigs maintains the right to review the accrual of points and to determine, in Findigs’ absolute discretion, if a transaction qualifies for Findigs Points. Findigs also reserves the right to change the parameters for earning and accruing Findigs Points.  

You agree that you will not: 

  • Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Services or any portion of the Services, without Findigs’ express written consent, which may be withheld in Findigs’ sole discretion; 

  • Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the services, other than the search engines and search agents available through the Services and other than generally available commercially available web browsers; 

  • Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Services;  
    or 

  • Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services. 

Social Media Sites 

Findigs may provide experiences on social media platforms such as Facebook®, Twitter® and LinkedIn® that enable online sharing and collaboration among users who have registered to use them. Any content you post, such as pictures, information, opinions, or any personal information that you make available to other participants on these social platforms, is subject to the terms of use and privacy policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content. 

 

Consent to Communication 

 

Communication Methods. By using the Service, you agree that we may communicate with you electronically regarding administrative, security and other issues relating to your use of the Service, including but not limited to: the status of your rent payments and Findigs Points offerings.  Communication will be made primarily through use of text messages to the mobile phone number used to register your Account. We may also contact you through your email address and push notifications. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.  

Messaging Rates 

Messaging Rates. Any text messages sent and/or received are subject to standard text messaging rates. Additionally, text messages sent and/or received may count towards any monthly quota, as applicable. Any users, whether sending or receiving text messages in connection with the Service, should be aware that standard text messaging rates may apply. Please be aware that texting charges can fluctuate internationally. Text messaging rates can normally be found by asking your provider. 

Content and Use Restrictions 

  • Your Content. You are solely responsible for the content, information, images, videos and text (“Content”) that you post, upload, transmit, publish or display on or through the Service (hereinafter, “post”), or transmit to other users. You will not provide inaccurate, misleading or false information to Findigs or to any other user. If information provided to Findigs or another user subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change. You will not post on the Service, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Without limiting the previous sentence, you may not post any Content or use the Service in any way that: 

  • Is patently offensive, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; 

  • Intimidates, threatens, or otherwise harasses other users of the Service, or advocates harassment of another person; 

  • Is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; 

  • exploits people under the age of 18 in a sexual or violent manner, or attempts to collect personal information about any other user of the Service or any third party without such user or third party’s informed consent; 

  • contains sexually explicit Content; 

  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; 

  • involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”; 

  • use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents; 

  • promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files; 

  • contains or transmits viruses, corrupted data or other harmful, disruptive or destructive files or code; 

  • solicits personally identifiable information for commercial or unlawful purposes from other users; 

  • engages in commercial activities and/or sales including but not limited to contests, sweepstakes, barter, advertising, and pyramid schemes; or 

  • infringes any third party’s copyrights or other rights (including but not limited to other intellectual property rights and privacy rights). 

 

 

 

Code of Conduct  

Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations. You will only send messages via the Service to people who have expressly agreed to receive such messages from you. Findigs, has the right, but not the obligation, to monitor all conduct on and Content submitted to the Service. 

License to Your Content  

When you post, link or otherwise make available Content to the Service, you grant us a nonexclusive, royalty-free, fully paid-up, perpetual, irrevocable, transferable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display, and otherwise exploit such Content throughout the world in any manner or media, on or off the Service. 

Termination 

  • Findigs reserves the right to remove users' accounts from Findigs at any time for any reason whatsoever, including but not limited to the following reasons: user attempts to submit non Bona Fide Rent Payments, user knowingly schedules rent payments without sufficient funds. 

  • If you breach any of the terms of these Terms, all licenses granted by Findigs, including permission to use the Service, will terminate automatically. Additionally, Findigs may suspend, disable, or delete your Account and/or the Service (or any part of the foregoing) with or without notice, for any or no reason. If Findigs deletes your Account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Service under a different name or with a different mobile telephone number. 

  • You may cease use of the Service at any time. However, we will not automatically delete your Account information in case you decide you would like to rejoin the Service. If you want Findigs to delete all of your Account information, including your address book information, you must email us with such request at support@findigs.com 

  • All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of this Agreement by Findigs or you. In the event of Account deletion for any reason, Findigs may, but is not obligated to, delete any of your Content (as defined in Section 5). Findigs shall not be responsible for the deletion of (or failure to delete) such Content. 

 

Representations and Warranties 

You represent and warrant that: (a) you have the right to submit all Content and Feedback to Findigs and grant the licenses set forth in these Terms; (b) Findigs will not need to obtain licenses from any third party or pay royalties to any third party to use the Content and Feedback in accordance with these Terms; (c) the Content and Feedback do not infringe any third party’s rights, including but not limited to intellectual property rights and privacy rights; and (d) the Content and Feedback comply with these Terms and all applicable laws. 

 

License to Use the Service; Ownership 

  • License. Subject to your compliance with these Terms, Findigs grants to you a limited, non-exclusive, non-transferable license to access and use the Service during the term of these Terms solely for your own personal, non-commercial purposes. This license is personal to you and may not be assigned or sub licensed to anyone else. 

  • Restrictions. You will not reproduce, copy, transfer, give access to, distribute, sell, rent, lease, assign, sublicense, create derivative works from, decompile, reverse engineer, or disassemble the Service or any part thereof. You will not take any measures to interfere with or damage the Service or any part thereof. 

  • Ownership. You acknowledge and agree that nothing in these Terms conveys to you any ownership, intellectual property rights or other proprietary interest in or relating to the Service or any other Findigs products or services, or any modifications or derivative works of any of the foregoing. The Service is licensed, not sold, to you and is owned by Findigs and its licensors. Except as expressly set forth herein, Findigs reserves all right, title and interest, including all intellectual property and other rights, in and to the Service and all other Findigs products and services. You shall not obscure or alter or remove any patent, copyright, trademark or other proprietary notice or legend contained on or in the Service. 

  • Feedback. You agree that any suggestions, comments, ideas, corrections, improvements, feedback or other information you provide Findigs (collectively, “Feedback”) shall be the sole and exclusive property of Findigs and you hereby assign, for no additional consideration, all right, title and interest in and to such Feedback to Findigs. Findigs will be free to use, disclose, reproduce, license and otherwise distribute the Feedback, including but not limited to in connection with any product or service, without any obligations or restrictions of any kind. 

 

Apple Requirements 

These Terms apply to your use of all the Services, including the iOS application available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application: 

  • Both you and Findigs acknowledge that the Terms are concluded between you and Findigs only, and not with Apple, and that Apple is not responsible for the Application or the Content; 

  • The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services; 

  •  You will only use the Application in connection with an Apple device that you own or control; 

  •  You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application; 

  •  In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application; 

  •  You acknowledge and agree that Findigs, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application; 

  •  You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Findigs, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim; 

  •  You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties; 

  •  Both you and Findigs acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and 

  • Both you and Findigs acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof. 

  •  In the event you use the Application to provide you with real-time route guidance, YOUR USE OF THIS REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK.  LOCATION DATA MAY NOT BE ACCURATE. 

 

 

 

Indemnification 
 

You agree to indemnify and hold harmless Findigs, its subsidiaries, affiliates, related parties, officers, directors, employees, agents, suppliers, independent contractors, advertisers, partners and co-branders from any loss, damages, or costs, including without limitation reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of or access to the Service, your violation of any third party proprietary or other rights, or breach of these Terms. 

 

Disclaimer of Warranties; Limitation of Liability 
 

  • YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICE. YOU UNDERSTAND THAT FINDIGS IS NOT AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY ACT OR OMISSION BY ANY USER OF THE SERVICE, WHETHER ON OR OFF THE SERVICE. FINDIGS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE SERVICE, CONTENT AND THE CONDUCT OF USERS OF THE SERVICE. 

  • Findigs has no obligation to screen or monitor any Content (as defined in Section 5) and does not guarantee that any Content available on the Service complies with these Terms or is suitable for all users. 

  • FINDIGS PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU THEREFORE USE THE SERVICE AT YOUR OWN RISK. FINDIGS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY LAW. Without limiting the foregoing, Findigs makes no representations or warranties: (a) that the Service will be permitted in your jurisdiction; (b) that the Service will be uninterrupted or error-free; (c) concerning any Content submitted by any user; (d) concerning any third party’s use of Content that you submit; (e) that any Content you submit will be made available on the Service or will be stored by Findigs; (f) that Findigs will continue to support any particular feature of the Service; (g) Concerning sites and resources outside of the Service, even if linked to, from or through from the Service. 

  • IN NO EVENT WILL FINDIGS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE SERVICE, OR ANY USE OF THE SERVICE BY YOU OR ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE OR PERSONS YOU MEET THROUGH THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. In some jurisdictions, it is not permitted to limit certain types of liability and therefore such limitations to the extent they exclude such liability may not apply to you. IN SUCH JURISDICTIONS, FINDIGS’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. 

 

ARBITRATION AND CLASS ACTION WAIVER. 
 

  • Informal Process First. You agree that in the event of any dispute between you and Findigs, you will first contact Findigs and make a good faith sustained effort to resolve the dispute before resorting to arbitration under this Section. 

  • Binding Arbitration. Any dispute or claim arising in any way from your use of the Service, except for disputes relating to the infringement of our intellectual property rights or the access or use of the Service in violation of these Terms, will be resolved by binding arbitration, rather than in court, but you may assert claims in small claims court if your claims qualify. 

  • No Judge or Jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms as a court would. 

  • Arbitrator and Rules. The arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer Related Disputes. These rules can be found on the AAA website at www.adr.org

  • Starting an Arbitration. To begin an arbitration proceeding, you must send us a notice of dispute, in writing, setting forth your name, address and contact information, the facts of the dispute and relief requested. You must send your notice of legal dispute to us at the following address: support@findigs.com. Findigs will send any notice of dispute to you at the contact information we have for you. 

  • Format of Proceedings. The arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions. 

  • Fees. If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Arbitration Rules. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, Findigs will pay all other AAA and arbitrator’s fees and expenses. 

  • Individual Basis. To the fullest extent permitted by applicable law, you and Findigs each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and Findigs each waive any right to a jury trial. As a result, PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS. 

  • Limitation Period. In no event shall any claim, action or proceeding by you or Findigs be instituted more than one (1) year after the cause of action arose. 

  • Enforcement. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The United Nations Conventions on Contracts for the International Sale of Goods shall have no applicability. 

  • Invalidity. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and Findigs each agree to the exclusive jurisdiction of the Federal and State courts located in Suffolk County, Massachusetts, and you and Findigs each agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable dispute or claim. 

  • Opting Out. If you do not want to arbitrate disputes with Findigs and you are an individual, you may opt out of this arbitration agreement by sending an email to  within thirty (30) days of the first of the date you access or use the Service. 

 

 

 

Miscellaneous 

These Terms are the complete and exclusive agreement between you and Findigs with respect to the subject matter of these Terms, and they supersede all prior or contemporaneous, oral or written, proposals, understandings, representations, conditions, warranties, and all other communications between you and Findigs with respect to the subject matter of these terms. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Findigs without restriction. These Terms may not be explained or supplemented by any prior course of dealings or trade by custom or usage. These Terms shall be governed by the laws of the Southern District of New York, notwithstanding any principles of conflicts of law. The section headings used herein are for convenience only and will not affect the interpretation of these Terms. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and neither party has any authority of any kind to bind the other in any respect. 

 

Questions?
Any questions, complaints or claims with respect to the Service should be directed to: 

 

Findigs, Inc. 

636 Broadway, Suite 1020 

New York, NY 10012 
 

Email: support@findigs.com 

Attachment A

 

MANDATORY TERMS FOR EACH CONSUMER AGREEMENT

 

Service Agreement 

Welcome to TransUnion® SmartMove® ("SmartMove" or "Service"), ("SmartMove" or "Service"), found at the web site, www.mysmartmove.com, or through this integration platform (the "Site") - a product of TransUnion Rental Screening Solutions ("TURSS"). This Terms of Use Agreement ("Agreement") contains the terms and conditions upon which you ("you," or the "member") may access SmartMove or any products or services offered through the Site. You agree to be legally bound by these terms. 

General Terms 

TURSS provides access to SmartMove to allow you to authorize and agree to provide your credit and public record information ("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 the 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 Credit Information will be scored by TURSS and provided to third parties indicated on your request via this platform.  You acknowledge and agree that TURSS and the platform provider is not responsible for any actions or decisions made by any third parties with whom you have agreed to share your Credit Information.

The images, text, screens, web pages, materials, data, content and other information ("Content") used and displayed through SmartMove 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 

SMARTMOVE 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 SMARTMOVE AND THE SITE, THAT YOU OR A THIRD

PARTY WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO SMARTMOVE OR

THE SITE, PRODUCTS OR SERVICES OR THAT SMARTMOVE, 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 SMARTMOVE, 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 SMARTMOVE, 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 this address 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 SmartMove, 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 https://www.mysmartmove.com/privacy-policy.html 

Fair Credit Reporting Act 

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

You are entitled to receive a free copy of your credit report from a credit 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 credit report each year from the credit bureaus. If you are a resident of Georgia, you may receive two free copies of your credit 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 credit report. 

The Fair Credit Reporting Act provides that you may dispute inaccurate or incomplete information in your

credit report. YOU ARE NOT REQUIRED TO PURCHASE YOUR CREDIT REPORT FROM THE SITE OR

SMARTMOVE 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 web site, or (b) if TURSS discontinues providing SmartMove or access to the Site. 

 

TURSS may (i) change the terms of this Agreement or the feature 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 permitted, by posting notice of such modification on a page of the Site before the modification takes effect. All changes shall be effective immediately upon posting of such notice. If you use SmartMove and/or the Site after TURSS has notified you of a change in the Agreement you agree to be bound by all of the changes. You are expected to review the Site periodically to ensure familiarity with any posted notices of modification. 

 

Policy Regarding Children

We define children as individuals under the age of 18. Our Web Site is not intended for the use of children and we do not intend to collect information about children 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 SmartMove or our Site to TransUnion Rental Screening Solutions, 6430 S. Fiddler’s Green Circle, Suite 500, Greenwood Village, CO 80111. 

 

Except as otherwise provided, we may send any notices to you to the most recent e-mail address you have provided to us or, if you have not provided an e-mail address, to any e-mail 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 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 instructions" to TransUnion Rental Screening Solutions to obtain information from your personal credit profile from TransUnion and public records sources. You authorize TransUnion Rental Screening Solutions to obtain such information and to score such information and provide it to certain identified third parties who are requesting this information about you. Before you may use TransUnion SmartMove, we must obtain "written instructions" from you to give us permission to obtain your TransUnion credit history and public records report and share them with certain identified third parties. 

 

Permission Confirmation

Please confirm your authorization for TransUnion Rental Screening Solutions to obtain your credit profile from TransUnion and public records sources and to score such information and provide it to certain identified third parties who are requesting this information about you. 

Attachment B

 

MANDATORY TERMS FOR EACH END USER (TURSS SUBSCRIBER) AGREEMENT 

 

Service Agreement

This is the service agreement to use TransUnion® SmartMove® (“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 SmartMove.  You agree to be legally bound by these terms.  This Service Agreement is made and entered into as 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:

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 in this Agreement on behalf of itself and its affiliates under common ownership and control, all of which are referred to collectively as Subscriber. 

Subscriber's business.  Subscriber certifies that it is utilizing the Services solely for assisting with making a residential or storage leasing decision.

Consumer Reporting Services.

1.1    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.

       1.2                          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.

       1.3                     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 use such information solely for assisting with making a residential or storage leasing decision, and for no other purpose, subject however, to the additional restrictions set forth herein.  Moreover, if requested by TURSS, Subscriber agrees to, and shall, individually certify the permissible purpose for each Consumer Report Information it requests.  Such individual certification shall be made by Subscriber pursuant to instructions provided from time to time to Subscriber 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.

       1.4                 Recommendations.   Using Applicant and/or Tenant information provided to TURSS by

Subscriber ("Applicant/Tenant Information"), TURSS will obtain consumer reports relating to each Applicant and/or Tenant and TURSS will evaluate the consumer reports ("Applicant/Tenant Reviews").  Based on the results of the Applicant/Tenant Reviews, TURSS will provide to Subscriber a Recommendation with respect to the Applicant and/or Tenant, based on the initial thresholds established by TURSS.  Such thresholds, delivery specifications and decision criteria, and any changes thereto, shall be supplied or confirmed by Subscriber in writing.  As part of the Recommendation service, TURSS shall also provide to Subscriber a sample letter containing information as to why the Applicant and/or Tenant was or was not approved.  It is Subscriber’s obligation, however, to ensure compliance with any legal obligations when providing any information to an Applicant and/or Tenant.

1.4.2                All Rental Decisions to be made by Subscriber. Subscriber acknowledges and agrees that TURSS provides only Recommendations as to actions concerning an Applicant or a Tenant, and further acknowledges and agrees that all decisions of whether or not to rent property to a particular Applicant or Tenant, as well as the length of 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 Recommendations, Consumer Report Information, public records, or other information provided to Subscriber by TURSS. 

1.6    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.  

1.6.1               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 rentalscreening.transunion.com/datasourcerequirements, 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 rentalscreening.transunion.com/datasourcerequirements, which may be altered by TURSS from time to time.

2. Ancillary Services

2.1:            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 or insurance, or employment, nor for any other purposes under the FCRA.  Moreover, Subscriber shall not take any adverse action, which is 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, it is understood that Subscriber may choose to obtain additional information from one or more additional independent sources.  Any action or decision as to any individual which is taken or made by Subscriber based solely on such additional information obtained from such additional independent source(s) shall not be deemed prohibited by this paragraph.

2.2:           Scores.  Subscriber may request, in writing, that TURSS provide Subscriber certain scores

(e.g. scores received from credit reporting agencies (“Bureau Score”), SmartMove, Score,

CreditRetrieverSM Score), in connection with the delivery of a consumer report obtained hereunder, collectively referred to herein as “Scores” 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 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.

 

2.2.1:         Adverse Action Factors.  Subscriber recognizes that factors other than the Scores may be considered in making a decision as to a consumer.  Such other factors include, but are not limited to, the credit report, the individual account history, application information, and economic factors.  TURSS may provide score reason codes to Subscriber, which are designed to indicate the principal factors that contributed to the Bureau Score, and 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 Bureau Score itself, when accompanied by the corresponding reason codes, may also be disclosed to the consumer who is the subject of the Bureau Score.  However, the Bureau Score itself may not be used as the reason for adverse action under Reg. B.

2.2.2:          Confidentiality of Scores. The CreditRetrieverSM Score and the SmartMove Score are proprietary to TURSS and the BureauScore is proprietary to the credit reporting agency supplying the Bureau Score and, accordingly, without appropriate prior written consent, neither the CreditRetrieverSM

Score, the SmartMove Score, or the Bureau Score may 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 that limits the use of the Scores by the third party only to the use permitted to Subscriber and contains the 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.

2.2.3:          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 by such Scores.  TURSS warrants that the scoring algorithms used in the computation of the scoring services, provided under this Agreement, ("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 promulgated thereunder.  The Bureau Score may appear on a credit report for convenience only, but is not a part of the credit report nor does it add to the information in the report on which it is based.

2.3:          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, which are subject to additional warranties offered or terms imposed by such third parties.  If desired by Subscriber, such third party scores and services shall be made available pursuant to separate agreement, which shall be appended as a schedule to this Agreement.

2.4:            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 its compliance with all applicable laws related to the use of such forms.  TURSS makes no representations or warranties as to the content or use of such forms.  

 2.5:          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 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.

3: Additional Terms and Conditions

3.1:         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 data request from an administrative or governmental agency with competent jurisdiction) to be disclosed; provided however, that Subscriber shall provide TURSS ten (10) days prior written notice before the disclosure of such information pursuant to this Paragraph 5.1.  However, this restriction shall 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 any such adverse action.  

3.2:         Web Site Access.  TURSS will provide Subscriber with access to TURSS's web site (the "TURSS Site") so that Subscriber may, by accessing the TURSS Site, (i) initiate Applicant Reviews and Tenant Reviews and (ii) obtain or review TURSS's Recommendations to Subscriber.  TURSS will assign one or more passwords and identification numbers ("Program Codes") to Subscriber for use in accessing the TURSS Site.  Subscriber represents and warrants that it will use its best reasonable efforts to ensure that:

(1) only authorized Subscriber employees have access to the TURSS Site through Workstations; (2) TURSS

Services obtained by Subscriber via the TURSS Site are not accessible by unauthorized parties via Subscriber's connection to the Internet or otherwise; (3) all Passwords are kept confidential and secure by such authorized Subscriber employees (e.g., Subscriber shall ensure that Passwords are not stored on any Workstation nor other storage and retrieval system and/or media and that Internet browser caching functionality is not used to store Passwords; (4) each User ID and Password is used solely by the authorized Subscriber employee to whom such User ID and Password was issued; and (5) all documentation and other materials provided by TURSS to Subscriber under this Agreement are held in confidence by Subscriber (and accessible only to those Subscriber employees who Subscriber has authorized to use the TURSS Site).  Subscriber shall immediately notify TURSS if a Subscriber user with access to Program Codes no longer works for Subscriber and shall be fully responsible for any use of the TURSS site by users accessing the site through the Program Codes assigned to the Subscriber.  In the event of any compromise of security involving User Ids or Passwords, Subscriber shall immediately notify TURSS.

3.3:        Safeguards.  Each party shall implement, and shall take measures to maintain, reasonable and appropriate administrative, technical, and physical security safeguards ("Safeguards”) to (a) insure the security and confidentiality of non-public personal information; (b) protect against anticipated threats or hazards to the security or integrity of non-public personal information; and (c) protect against unauthorized access or use of non-public 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 Identification Card Number, or account number, credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual’s financial account (“Personal Information”), is delivered to Subscriber unencrypted, Subscriber shall implement and maintain reasonable security procedures and practices appropriate to the nature of the information and 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 which Subscriber becomes aware of any potential and/or actual misappropriation of, and/or any unauthorized disclosures of, any information provided to Subscriber 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 the facilities where TURSS data may have been 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 data incident and mitigating, to the extent practicable, any damages due to such misappropriation and/or unauthorized disclosure.  Such cooperation shall include, but not necessarily be limited to, allowing TURSS to participate in the investigation of the cause and extent of such misappropriation and/or unauthorized disclosure.  Such cooperation shall not relieve Subscriber of any liability it may have as a result of such a misappropriation and/or unauthorized disclosure.  Moreover, without TURSS’s prior consent, Subscriber shall make no public notification, including but not limited to press releases or consumer notifications, of the potential or actual occurrence of such misappropriation and/or unauthorized disclosure of any such information provided to Subscriber.  

3.4:         Authorized Requests.  Subscriber shall use the Services: (a) for its certified permissible purpose above to assist in making a residential or storage leasing 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, but not limited to, for the purpose of 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 service which is derived from the Services.  Services shall be requested by, and disclosed by Subscriber to only Subscriber’s designated and authorized employees having a need to know and only to the extent necessary to enable Subscriber to use the Services in accordance with this Agreement.  Subscriber shall ensure that such Subscriber designated and authorized employees shall not attempt to obtain any Services on themselves, associates, or any other person except in the exercise of their official duties.  

3.5:       Third Party Intermediaries.  In the event Subscriber will utilize a third party intermediary (e.g., Internet service provider or other network provider) for the purpose of receiving Services, Subscriber shall first enter into an agreement with such third party under which such third party acts solely as a network conduit for the delivery of the Services to Subscriber and which prohibits such third party 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 which result in a breach of this Agreement.

3.6:         Rights to Services.  Subscriber shall not attempt, directly or indirectly, to reverse engineer, decompile, or disassemble Services or any confidential or proprietary criteria developed or used by TURSS relating to the Services provided under this Agreement.  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.

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

 

3.7:            Fees and Payments.  Though Subscriber has the option to request that the

applicant/prospective tenant pay for the Services, the Subscriber is ultimately responsible to TURSS for the full payment of the Services.  The fees associated with the Services are as stated on this website and are incorporated by reference.  Upon delivery of the Services, Subscriber will be responsible for immediate payment, and outstanding amounts will 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.  Any periodic and/or minimum Subscriber fees under this Agreement are non-refundable, in whole or in part, in the event of a termination of this Agreement.  TURSS reserves the right to change the fees and charges from time to time, with such changes referenced on this website. 

 

3.7.1:         In addition, in the event that TURSS’s cost of rendering Services increases as a result of federal, state or local laws, ordinances or other regulatory, administrative or governmental acts, then TURSS may implement a surcharge subject to the following: (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 geographic area so affected.  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 to only Colorado residents.

 

3.8:           Term, Termination and Survival.  The term of this Agreement shall commence upon the

agreeing to the terms of this Agreement and shall remain in effect until terminated by any party hereto for any reason whatsoever. 

 

3.8.1:         With the exception of TURSS's obligation to provide Services under this Agreement, all provisions of this Agreement shall survive any such termination of this Agreement including, but not limited to, all restrictions on Subscriber's use of Services Information.  Moreover, any such termination shall not relieve Subscriber of any fees or other payments due to TURSS through the date of any such termination nor affect any rights, duties or obligations of either party that accrue prior to the effective date of any such termination.

 

3.9:            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.      THE WARRANTY SET FORTH IN THIS SECTION 5.10 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.  

 

3.10:          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.      

 

3.10.1:         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.

 

3.10.2:          ADDITIONALLY, TURSS SHALL NOT BE LIABLE TO SUBSCRIBER FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT BROUGHT MORE THAN TWO (2) YEARS AFTER THE CAUSE OF ACTION HAS ACCRUED.  

 

3.10.3:          Notwithstanding anything to the contrary in the Agreement, use of Public Record

Information, and the Services derived from the Public Record Information, from TURSS 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 DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES WITH RESPECT THERETO.  WITHOUT

LIMITING THE FOREGOING, TURSS AND ITS DATA PROVIDERS DO NOT GUARANTEE OR

WARRANT THE ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, MERCHANTABILITY,

NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OF THE PUBLIC RECORD

INFORMATION 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 but not limited to reasonable attorney and expert witness fees and expenses) arising out of or related to Subscriber’s use of the Public Record Information obtained from TURSS.  Subscriber acknowledges and agrees that TURSS’s data providers are a third party beneficiary of the provisions of this section, with right of enforcement.            

 

3.11:          Assignment and Subcontracting.  Neither party may assign or otherwise transfer this

Agreement, in whole or in part without the prior written consent of the other. Notwithstanding the foregoing, TURSS may assign or transfer this Agreement to a wholly-owned subsidiary or in the event of a purchase of substantially all of TURSS’s assets or in the event of a corporate form reorganization (e.g., LLC to CCorporation).  Moreover, TURSS shall have the unrestricted right to subcontract the Services to be provided to Subscriber by TURSS under this Agreement; provided however, that such subcontracting shall not relieve TURSS of its obligations under this Agreement.  The limited warranty and limitation of liability provisions set forth in this Agreement shall also apply for the benefit of TURSS’s licensors, subcontractors and agents.

 

3.12:           No Waiver.  No failure on the part of either party to enforce any covenant, agreement, or condition of this Agreement shall operate as a discharge of such covenant, agreement, or condition, or render the same invalid, or impair the right of either party to enforce the same in the event of any subsequent breach by the other party.

 

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

 

3.14:                Severability.  Whenever possible, each provision of this Agreement will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be prohibited by or invalid under applicable law, such provision will be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of this Agreement.

3.15:            Force Majeure.  TURSS shall not be liable for any delay in performance or failure to perform under this Agreement if such delay or failure us caused by conditions beyond TURSS’ reasonable control.

 

3.16:           Audit Rights. During the term of this Agreement and for a period of five (5) years thereafter,

TURSS may audit Subscriber’s policies, procedures and records which pertain to this Agreement, to ensure compliance with this Agreement, upon reasonable notice and during normal business hours.

 

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

 

3.18:         Notices.  Subscriber acknowledges and agrees that any notice provided by TURSS to any electronic mail address provided by Subscriber shall suffice for proper notice under this Agreement.  Additionally, all of Subscriber’s communications or notices required or permitted by this Agreement shall be sufficiently given for all purposes hereunder if given in writing and delivered to TURSS (i) personally, (ii) by United States first class mail, (iii) by reputable overnight delivery service, (iv) by electronic mail, or (v) by facsimile.  All notices delivered in accordance with this Section for TURSS shall be sent to the appropriate address or number, as set forth below:

                                              TURSS:              TransUnion Rental Screening Solutions

                                                                       6430 S. Fiddler’s Green Circle, Suite 500,

                                                                        Greenwood Village, CO 80111

 

3.19:         Trademarks.   Both Subscriber and TURSS shall submit to the other party for written

approval, prior to use, distribution, or disclosure, any material including, but not limited to, all advertising, promotion, or publicity in which any trade name, trademark, service mark, and/or logo (hereinafter collectively referred to as the “Marks") of the other party are used (the "Materials").  Both parties shall have the right to require, at each party's respective discretion and as communicated in writing, the correction or deletion of any misleading, false, or objectionable material from any Materials.  Neither party shall remove any of the other party’s Marks from any information materials or reports provided to the other party and shall comply with the other party’s instructions with respect to the use of any such Marks.  Moreover, when using the other party’s Marks pursuant to this Agreement, a party shall take all reasonable measures required to protect the other party’s rights in such Marks, including, but not limited to, the inclusion of a prominent legend identifying such Marks as the property of the other party. In using each other’s Marks pursuant to this Agreement, each party acknowledges and agrees that (i) the other party’s Marks are and shall remain the sole properties of the other party, (ii) nothing in this Agreement shall confer in a party any right of ownership in the other party’s Marks, and (iii) neither party shall contest the validity of the other party’s Marks. Notwithstanding anything in this Agreement to the contrary, without the prior written approval of Subscriber, TURSS shall have the right to disclose to third parties Subscriber’s marks in consumer credit reports containing Subscriber’s account information.

 

3.20:          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 Federal Trade Commission's "Notices to Furnishers of Information: Obligations of Furnishers Under the FCRA".

 

3.21:          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 the terms of this Agreement.

 

3.22:          ID Manager Service:  In connection with the Services, Subscriber desires to obtain TransUnion’s ID Manager Service pursuant to the following additional terms and conditions:

 

3.22.1:        With respect to request for ID Manager Service, Subscriber hereby certifies that its use of the ID Manager Service will be requested, obtained and used for one or more of the following permitted uses as described in, and as may be interpreted from time to time, by competent legislative, regulatory or judicial authority, as being encompassed by, Section (6802) (e) of the Gramm-Leach-Bliley Act (GLB), Title V, Subtitle A, Financial Privacy (15 U.S.C. § 6801-6809) and the United States Federal Trade Commission rules promulgated thereunder.

o       To protect against or prevent actual fraud, unauthorized transactions, claims or other liability; or  o To comply with Federal, State or local laws, rules and other applicable legal requirements.

 

3.22.2:          Subscriber further represents that: 

  1. Subscriber shall not request, obtain or use such ID Manager Service for any other purpose including, but not limited to, in whole or in part, as a factor in establishing an individual’s creditworthiness or eligbility for (i) credit or insurance, or (ii) employment, nor for any other purpose under the FCRA.  Moreover, Subscriber shall not take any adverse action, which is based in whole or in part on the ID Manager Service, against any consumer. 

  2. Subscriber shall comply with all other applicable federal, state and local laws, statutes, rules and regulations including, but not limited to, the Drivers Privacy Protection Act.

 

3.22.3:          To the extent that the ID Manager Service requested by Subscriber utilize, in whole or in part, Consumer Reports as defined in the FCRA, Subscriber certifies that it will request and use each such request ID Manager Service solely for one of the permissible purposes certified below:

  • In connection with a credit transaction involving the individual on whom the information is to be furnished and involving the extension of credit to the individual.

  • Pursuant to the written authorization of the individual who is subject of the individual ID Manager Service request.  

  • In connection with a business transaction initiated by the individual.  

3.22.4:         Subscriber expressly acknowledges and agrees that where the ID Manager Service to be provided to Subscriber under this Agreement utilizes Consumer Reports TURSS expresses no opinion regarding a Consumer’s creditworthiness in rendering such ID Manager Service.  Moreover, in the event Subscriber’s requested ID Manager Service utilize, in whole or in part, Consumer Reports, without limiting Subscriber’s obligations set forth elsewhere in this Agreement, Subscriber shall comply with any and all adverse action notice requirements of the FCRA.

Entire Agreement.  THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ALL EXHIBITS AND

ATTACHMENTS HERETO, 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 at the Consumer Financial Protection Bureau’s website, www.consumerfinance.gov/learnmore.

 

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 text of the FCRA is set forth in full at the Consumer Financial Protection Bureau’s (“CFPB”) website at  www.consumerfinance.gov/learnmore.  At the end of this document is a list of United States Code citations for the FCRA.  Other information about user duties is also available at the Bureau’s website.    Users  must  consult  the  relevant  provisions  of  the  FCRA  for  details  about  their obligations under the FCRA.

 

The first section of this summary sets forth the responsibilities imposed by the FCRA on all users of consumer reports.  The subsequent sections discuss the duties of users of reports that contain specific types of information, or that are used for certain purposes, and the legal consequences of violations. 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 as a furnisher.

 

I.    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 contains a list of the permissible purposes under the law. These are:

 

  • As ordered by a court or 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 an application from a consumer, 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. Section 604(a)(3)(B) and 604(b)

 

  • For  the  underwriting  of  insurance  as  a  result  of  an  application  from  a  consumer. Section 604(a)(3)(C)

 

  • When there is a legitimate business need, in connection with a business transaction that is 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 a valuation or assessment of the  credit  or  prepayment  risks  associated  with  an  existing  credit  obligation.    Section

604(a)(3)(E)

 

  • For use by state or local officials in connection with the determination of child support payments, or modifications and enforcement thereof. Sections 604(a)(4) and 604(a)(5).

 

In addition, creditors and insurers may obtain certain consumer report information for the purpose of making "prescreened" unsolicited offers of credit or insurance.  Section 604(c).  The particular 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 consumer reporting agency (“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

 

The term “adverse action” is defined very broadly by Section 603.  “Adverse actions” include all business, credit, and employment actions affecting consumers that can be considered to have a negative impact as defined by Section 603(k) of the FCRA – such as denying or canceling credit or insurance, or denying employment or promotion.   No adverse action occurs in a credit transaction where the creditor makes a counteroffer that is accepted by the consumer.

 

1.   Adverse Actions Based on Information Obtained From a CRA

 

If a user takes any type of adverse action as defined by the FCRA that is based at least in part on information contained in a consumer report, Section 615(a) requires the user to notify the consumer. The notification may be done in writing, orally, or by electronic means. It must include the following:

 

  • The name, address, and telephone number of the CRA (including a toll-free telephone number, if it is a nationwide CRA) that provided the report.

 

  • A statement that the CRA did not make the adverse decision and is not able to explain why the decision was made.

 

  • A  statement  setting  forth  the  consumer’s  right  to  obtain  a  free  disclosure  of  the consumer’s file from the CRA if the consumer makes a request within sixty (60) days.

 

  • A statement setting forth the consumer’s right to dispute directly with the CRA the accuracy or completeness of any information provided by the CRA.

 

2.   Adverse Actions Based on Information Obtained from Third Parties Who Are Not Consumer Reporting Agencies

 

If a person denies (or increases the charge for) credit for personal, family, or household purposes based either wholly or partly upon information from a person other than a CRA, and the information is the type of consumer information covered by the FCRA, Section 615(b)(1) requires that the user clearly and accurately disclose to the consumer his or her right to be told the nature of the information that was relied upon if the consumer makes a written request within sixty (60) days of notification.   The user must provide the disclosure within a reasonable period of time following the consumer's written request.

 

3.   Adverse Actions Based on Information Obtained From Affiliates

 

If a person takes an adverse action involving insurance, employment, or a credit transaction initiated by the consumer, based on information of the type covered by the FCRA, and this information was obtained from an entity affiliated with the user of the information by common ownership or control, Section 615(b)(2) requires the user to notify the consumer of the adverse action.  The notice must inform the consumer that he or she may obtain a disclosure of the nature of the information relied upon by making a written request within 60 days of receiving the adverse action notice.  If the consumer makes such a request, the user must disclose the nature of the information not later than 30 days after receiving the request. If consumer report information is shared among affiliates and then used for an adverse action, the user must make an adverse action disclosure set forth 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 consumer reporting agency as defined in Section 603(p) and resellers, Section 605A(h) imposes limitations on users of reports obtained from the consumer reporting agency in certain circumstances, including the establishment of a new credit plan and the issuance of additional credit cards.   For initial fraud alerts and active duty alerts, the user must have reasonable policies and procedures in place to form a belief that the user knows the identity of the applicant or contact the consumer at a telephone number specified by the consumer; in the case of extended fraud alerts, the user must contact the consumer in accordance with the contact information provided in the consumer's alert.

 

E.   Users Have Obligations When Notified of an Address Discrepancy

 

Section 605(h) requires nationwide CRAs, as defined in Section 603(p), to notify users that request reports when the address for a consumer provided by the user in requesting the report is substantially different from the addresses in the consumer's file.  When this occurs, users must comply with regulations specifying the procedures to be followed.   Federal regulations are available at  www.consumerfinance.gov/learnmore.

 

F.   Users Have Obligations When Disposing of Records

 

Section 628 requires that all users of consumer report information have in place procedures to properly dispose of records containing this information.  Federal regulations have been issued that cover disposal.

 

II.   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 to a consumer on material terms that are materially less favorable than the most favorable terms available to a substantial proportion of consumers from or through that person, based in whole or in part on a consumer report, the person must provide a risk-based pricing notice to the consumer in accordance with regulations prescribed by the Consumer Financial Protection Bureau.

 

Section 609(g) requires a disclosure by all persons that make or arrange loans secured by residential real property (one to four units) and that use credit scores. These persons must provide credit scores and other information about credit scores to applicants, including the disclosure set forth in Section

609(g)(1)(D) (”Notice to the Home Loan Applicant”).

 

III.  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, which are set forth in Section 604(b) of the FCRA. The user must:

 

  • Make a clear and conspicuous written disclosure to the consumer before the report is obtained, in a document that consists solely of the disclosure, that a consumer report may be obtained.

 

  • Obtain from the consumer prior written authorization.  Authorization to access reports during the term of employment may be obtained at the time of employment.

 

  • Certify to the CRA that the above steps have been followed, that the information being obtained will not be used in violation of any federal or state equal opportunity law or regulation, and that, if any adverse action is to be taken based on the consumer report, a copy of the report and a summary of the consumer’s rights will be provided to the consumer.

 

  • Before taking an adverse action, the user must provide a copy of the report to the consumer as well as the summary of the consumer’s rights.  (The user should receive this summary from the CRA.).  A Section 615(a) adverse action notice should be sent after the adverse action is taken.

An adverse action notice also is 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.  In this case, the consumer may provide consent orally or electronically, and an adverse action may be made orally, in writing, or electronically.  The consumer may obtain a copy of any report relied upon by the trucking company by contacting the company.

 

IV.  Obligations When Investigative Consumer Reports Are Used

 

Investigative consumer reports are a special type of consumer report in which information about a consumer’s character, general reputation, personal characteristics, and mode of living is obtained through personal interviews by an entity or person that is a consumer reporting agency.  Consumers who are the subject of such reports are given special rights under the FCRA.  If a user intends to obtain an investigative consumer report, Section 606 requires the following:

 

  • The user must disclose to the consumer that an investigative consumer report may be obtained. This must be done in a written disclosure that is mailed, or otherwise delivered, to the consumer at some time before or not later than three days after the date on which the report was first requested. The disclosure must include a statement informing the consumer of his or her right to request additional disclosures of the nature and scope of the investigation as described below, and the summary of consumer rights required by Section 609 of the FCRA.  (The summary of consumer rights will be provided by the CRA that conducts the investigation.)

 

  • The user must certify to the CRA that the disclosures set forth above have been made and that the user will make the disclosure below.

 

  • Upon written request of a consumer made within a reasonable period of time after the disclosures required above, the user must make a complete disclosure of the nature and scope of the investigation.  This must be made in a written statement that is mailed, or otherwise delivered, to the consumer no later than five days after the date on which the request was received from the consumer or the report was first requested, whichever is later in time.

 

V.   Special Procedures for Employee Investigations

 

Section 603(x) provides special procedures for investigations of suspected misconduct by an employee or for compliance with Federal, state or local laws and regulations or the rules of a self- regulatory organization, and compliance with written policies of the employer.  These investigations are  not  treated as  consumer reports  so  long  as  the  employer  or  its  agent  complies  with  the procedures set forth in Section 603(x), and a summary describing the nature and scope of the inquiry is made to the employee if an adverse action is taken based on the investigation.

 

VI.  Obligations Of Users Of Medical Information

 

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

 

VII. Obligations Of Users Of “Prescreened” Lists

The FCRA permits creditors and insurers to obtain limited consumer report information for use in connection with unsolicited offers of credit or insurance under certain circumstances.  Section 603(l),

604(c), 604(e), and 615(d).   This practice is known as “prescreening” and typically involves obtaining from a CRA a list of consumers who meet certain pre-established criteria.  If any person intends to use prescreened lists, that person must (1) before the offer is made, establish the criteria that will be relied upon to make the offer and to grant credit or insurance, and (2) maintain such criteria on file for a threeyear period beginning on the date on which the offer is made to each consumer.  In addition, any user must provide with each written solicitation a clear and conspicuous statement that:

 

  • Information contained in a consumer’s CRA file was used in connection with the transaction.

 

  • The consumer received the offer because he or she satisfied the criteria for credit worthiness or insurability used to screen for the offer.

 

  • Credit or insurance may not be extended if, after the consumer responds, it is determined that the consumer does not meet the criteria used for screening or any applicable criteria bearing on credit worthiness or insurability, or the consumer does not furnish required collateral.

 

  • The consumer may prohibit the use of information in his or her file in connection with future prescreened offers of credit or insurance by contacting the notification system established by the CRA that provided the report.    This statement must include the address and the toll-free telephone number of the appropriate notification system.

 

In addition, once the CFPB has established the format, type size, and manner of the disclosure required by Section 615(d), with which users must comply. The relevant regulation is 12 CFR 1022.54.

 

VIII.  Obligations of Resellers

A.  Disclosure and Certification Requirements

 

Section 607(e) requires any person who obtains a consumer report for resale to take the following steps:

 

  • 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 enduser.

 

  • Establish  and  follow  reasonable  procedures  to  ensure  that  reports  are  resold  only  for permissible purposes, including procedures to obtain:

 

  1. the identity of all end-users;

 

  1. certifications from all users of each purposes for which reports will be used; and

 

  1. certifications that reports will not be used for any purpose other than the purpose(s) specified to the reseller. 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 report prepared by a reseller, the reseller must determine whether this is a result of an action or omission on its part and, if so, correct or delete the information.  If not, the reseller must send the dispute to the source CRA for reinvestigation.  When any CRA notifies the reseller of the results of an investigation, the reseller must immediately convey the information to the consumer.

 

C.  Fraud Alerts and Resellers

 

Section 605A(f) requires resellers who receive fraud alerts or active duty alerts from another consumer reporting agency to include these in their reports.

 

IX.  Liability For Violations Of The FCRA

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

619.

 

 

The CFPB’s website, www.consumerfinance.gov/learnmore , has more information about the FCRA, including publications for businesses and the full text of the FCRA. Citations for the FCRA sections in the U.S. Code, 15 U.S.C. § 1681 et seq.:

 

Section 602                   15 U.S.C. 1681

Section 603 15 U.S.C. 1681a

Section 604 15 U.S.C. 1681b

Section 605 15 U.S.C. 1681c

Section 605A 15 U.S.C. 1681cA

Section 605B 15 U.S.C. 1681cB

Section 606   15 U.S.C. 1681d

Section 607    15 U.S.C. 1681e

Section 608     15 U.S.C. 1681f

Section 609      15 U.S.C. 1681g

Section 610     15 U.S.C. 1681h

Section 611     15 U.S.C. 1681i

Section 612      15 U.S.C. 1681j

Section 613     15 U.S.C. 1681k

Section 614     15 U.S.C. 1681l

Section 615     15 U.S.C. 1681m

Section 616      15 U.S.C. 1681n

Section 617      15 U.S.C. 1681o

Section 618      15 U.S.C. 1681p

Section 619      15 U.S.C. 1681q

Section 620      15 U.S.C. 1681r

Section 621       15 U.S.C. 1681s

Section 622       15 U.S.C. 1681s-1

Section 623                   15 U.S.C. 1681s-2

Section 624                15 U.S.C. 1681t

Section 625                   15 U.S.C. 1681u

Section 626                   15 U.S.C. 1681v

Section 627                   15 U.S.C. 1681w

Section 628                   15 U.S.C. 1681x

Section 629                   15 U.S.C. 1681

 

NOTICE TO FURNISHERS OF INFORMATION: 

OBLIGATIONS OF FURNISHERS UNDER THE FCRA

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

 

NOTICE TO FURNISHERS OF INFORMATION: 

OBLIGATIONS OF FURNISHERS UNDER THE FCRA

 

The federal Fair Credit Reporting Act (“FCRA”), 15 U.S.C. 1681-1681y, imposes responsibilities on all persons who furnish information to consumer reporting agencies (“CRAs”).   These responsibilities are found in Section 623 of the FCRA, 15 U.S.C. 1681s-2.  State law may impose additional requirements on furnishers. All furnishers of information to CRAs should become familiar with the applicable laws and may want to consult with their counsel to ensure that they are in compliance.   The text of the FCRA is available at the website of the Consumer Financial Protection Bureau (“CFPB”): www.consumerfinance.gov/learnmore.  A list of the sections of the FCRA cross-referenced to the U.S. Code is at the end of this document.

 

Section 623 imposes the following duties upon furnishers:

 

Accuracy Guidelines

 

The FCRA requires furnishers to comply with federal regulations dealing with the accuracy of information provided to CRAs by furnishers.    Federal regulations and guidelines are available at www.consumerfinance.gov/learnmore. Section 623(e).

 

General Prohibition on Reporting Inaccurate Information

 

The FCRA prohibits information furnishers from providing information to a CRA that they know or have reasonable  cause  to  believe  is  inaccurate.    However,  the  furnisher  is  not  subject  to  this  general prohibition if it clearly and conspicuously specifies an address to which consumers may write to notify the furnisher that certain information is inaccurate. Section 623(a)(1)(A) and (a)(1)(C).

 

Duty to Correct and Update Information

 

If at any time a person who regularly and in the ordinary course of business furnishes information to one or more CRAs determines that the information provided is not complete or accurate, the furnisher must provide complete and accurate information to the CRA.  In addition, the furnisher must notify all CRAs that received the information of any corrections, and must thereafter report only the complete and accurate information. Section 623(a)(2).

 

Duties After Notice of Dispute from Consumer

 

If a consumer notifies a furnisher, at an address specified by the furnisher for such notices, that specific information is inaccurate, and the information is, in fact, inaccurate, the furnisher must thereafter report the correct information to CRAs. Section 623(a)(1)(B).

 

If a consumer notifies a furnisher that the consumer disputes the completeness or accuracy of any information reported by the furnisher, the furnisher may not subsequently report that information to a CRA without providing notice of the dispute. Section 623(a)(3).

 

Furnishers must comply with federal regulations that identify when an information furnisher must investigate a dispute made directly to the furnisher by a consumer.  Under these regulations, furnishers must complete an investigation within 30 days (or 45 days, if the consumer later provides relevant additional information) unless the dispute is frivolous or irrelevant or comes from a "credit repair organization."    Section  623(a)(8).    Federal  regulations  are  available  at  www.consumerfinance.gov. Section 623(a)(8).

          

Duties After Notice of Dispute from Consumer Reporting Agency

 

If a CRA notifies a furnisher that a consumer disputes the completeness or accuracy of information provided by the furnisher, the furnisher has a duty to follow certain procedures. The furnisher must:

 

  • Conduct  an  investigation  and  review  all  relevant  information  provided  by  the  CRA,  including information given to the CRA by the consumer. Section 623(b)(1)(A) and (b)(1)(B).

 

  • Report the results to the CRA that referred the dispute, and, if the investigation establishes that the information was, in fact, incomplete or inaccurate, report the results to all CRAs to which the furnisher provided the information that compile and maintain files on a nationwide basis.  Section 623(b)(1)(C) and (b)(1)(D).

 

  • Complete the above steps within thirty (30) days from the date the CRA receives the dispute (or 45 days, if the consumer later provides relevant additional information to the CRA). Section 623(b)(2).

 

  • Promptly modify or delete the information, or block its reporting. Section 623(b)(1)(E).

 

Duty to Report Voluntary Closing of Credit Accounts:

 

If a consumer voluntarily closes a credit account, any person who regularly and in the ordinary course of business furnished information to one or more CRAs must report this fact when it provides information to CRAs for the time period in which the account was closed. Section 623(a)(4).

 

Duty to Report Dates of Delinquencies:

 

If a furnisher reports information concerning a delinquent account placed for collection, charged to profit or loss, or subject to any similar action, the furnisher must, within 90 days after reporting the information, provide the CRA with the month and the year of the commencement of the delinquency that immediately preceded the action, so that the agency will know how long to keep the information in the consumer’s file. Section 623(a)(5)

 

Any person, such as a debt collector, that has acquired or is responsible for collecting delinquent accounts and that reports information to CRAs may comply with the requirements of Section 623(a)(5) (until there is a consumer dispute) by reporting the same delinquency date previously reported by the creditor.   If the creditor did not report this date, they may comply with the FCRA by establishing reasonable procedures to obtain and report delinquency dates, or, if a delinquency date cannot be reasonably obtained, by following reasonable procedures to ensure that the date reported precedes the date when the account was placed for collection, charged to profit or loss, or subjected to any similar action. Section 623(a)(5).

 

Duties of Financial Institutions When Reporting Negative Information

 

Financial institutions that furnish information to "nationwide" consumer reporting agencies, as defined in Section  603(p),  must  notify  consumers  in  writing  if  they  may  furnish  or  have  furnished  negative information to a CRA. Section 623(a)(7). The CFPB has prescribed model disclosures, 12 CFR Part 222, App.B.

 

Duties When Furnishing Medical Information

 

A furnisher whose primary business is providing medical services, products, or devices (and such furnisher's agents or assignees) is a medical information furnisher for the purposes of the FCRA and must notify all CRAs to which it reports of this fact.  Section 623(a)(9).  This notice will enable CRAs comply with their duties under Section 604(g) when reporting medical information.

 

Duties When ID Theft Occurs

 

All furnishers must have in place reasonable procedures to respond to notifications from CRAs that information furnished is the result of identity theft, and to prevent refurnishing the information in the future. A furnisher may not furnish information that a consumer has identified as resulting from identity theft unless the furnisher subsequently knows or is informed by the consumer that the information is correct. Section 623(a)(6).  If a furnisher learns that it has furnished inaccurate information due to identity theft, it must notify each CRA of the correct information and must thereafter report only complete and accurate information.  Section 623(a)(2).  When any furnisher of information is notified pursuant to the procedures set    forth in Section 605B that a debt has resulted from identity theft, the furnisher may not sell, transfer, or place for collection the debt except in certain limited circumstances. Section 615(f).

 

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

Citations for FCRA sections in the U.S. Code, 15 U.S. C § 1681 et seq.:

Section 602        15 U.S.C. 1681 

Section 603   15 U.S.C. 1681a 

Section 604   15 U.S.C. 1681b 

Section 605   15 U.S.C. 1681c 

Section 605A  15 U.S.C. 1681c-1

Section 605B   15 U.S.C. 1681c-2

Section 606    15 U.S.C. 1681d 

Section 607     15 U.S.C. 1681e 

Section 608    15 U.S.C. 1681f 

Section 609    15 U.S.C. 1681g 

Section 610    15 U.S.C. 1681h 

Section 611    15 U.S.C. 1681i 

Section 612    15 U.S.C. 1681j 

Section 613    15 U.S.C. 1681k 

Section 614     15 U.S.C. 1681l 

Section 615    15 U.S.C. 1681m

Section 616    15 U.S.C. 1681n 

Section 617    15 U.S.C. 1681o 

Section 618    15 U.S.C. 1681p 

Section 619    15 U.S.C. 1681q 

Section 620    15 U.S.C. 1681r 

Section 621    15 U.S.C. 1681s 

Section 622   15 U.S.C. 1681s-1

Section 623    15 U.S.C. 1681s-2

Section 624     15 U.S.C. 1681t 

Section 625       15 U.S.C. 1681u 

Section 626       15 U.S.C. 1681v 

Section 627       15 U.S.C. 1681w 

Section 628       15 U.S.C. 1681x 

Section 629      15 U.S.C. 1681y

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