The firm listed above on the Service Application, hereinafter referred to as Client and/or End User, petitions UCS/TenantReports.com, hereinafter referred to as UCS/TenantReports.com, for the use of its services upon the basis outlined below. If accepted by UCS/TenantReports.com as a subscriber, Client agrees that the following shall constitute a service contract between Client and UCS/TenantReports.com.
1. The undersigned Client hereby petitions UCS/TenantReports.com to render service in accordance with applicable federal, state and local laws, rules regulations, orders and guidance from federal and state governmental agencies, including but not limited to, the Consumer Financial Protection Bureau and its customary practices. This Agreement states the terms and conditions under which UCS/TenantReports.com will provide consumer credit reports (“Reports”) to Client for which Client agrees to promptly pay for all products and services ordered/requested by client.
These reports are based upon information obtained in good faith by one or more consumer reporting agencies (including Experian, Equifax, and TransUnion). UCS/TenantReports.com may from time to time increase the charges to Client by providing 60 days written notice to Client at its business address and in such event Client agrees to pay the revised charges unless Client terminates this Agreement as hereinafter provided.
2. Client agrees to make full payment within (30) calendar days after the date of each invoice from UCS/TenantReports.com.
3. If any litigation/arbitration between End User and UCS/TenantReports.com, whether relating to this Agreement or otherwise, in addition to all other appropriate relief the prevailing party will be entitled to recover its attorneys’ fees and other costs incurred with the action.
4. Client hereby agrees, represents and warrants that it is the type of business listed in question 1 of the Service Application and in using the services of UCS/TenantReports.com, Client will, in all respects, comply with the provisions of 15 U.S.C. §1681 et seq. (Fair Credit Reporting Act, hereinafter referred to as FCRA) and that services will be requested only for the Client’s exclusive use. Client further certifies that consumer reports will be ordered and used only in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or to review or collect an account of, the consumer.
5. Client certifies that it will request consumer reports pursuant to procedures that are prescribed by UCS / TenantReports.com from time to time and comply wi th appl icable law and only for the permissible purpose certified above, and will use the reports obtained for no 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 Client’s own data, or otherwise in any service which is derived from the consumer reports.
Client shall use each consumer report only for a one-time use and shall hold the report in strict confidence, and not disclose or resell it to any third parties; provided however that (a) Client may, but is not required to, disclose the report to the subject of the report only in connection with an adverse action based on the report, and (b) Client may disclose the report to any person if required to do so under Applicable Law. Moreover, for scores obtained from Trans Union, Equifax Information Systems, or Experian Information Solutions, Client shall not disclose to consumers or any third party, any or all such scores provided under this Agreement, except as required by Applicable Law which includes the use with a legitimate business purpose in connection with a business transaction that is initiated by the consumer. [Client agrees that consumer reports on employees will not be requested. Client will maintain copies of all written authorizations for a minimum of 60 months from the date of inquiry.
Client further agrees, as requested, to promptly furnish, by telephone or in writing, to UCS/TenantReports.com all required information covering transactions by the Client and its consumers, and to indemnify UCS/TenantReports.com, TransUnion, Equifax Information Services, Experian Information Solutions, any other consumer reporting vendors, and each of the other Clients and other officers and employees of each, jointly and severally, from any loss, damage, attorney’s fees and costs arising from any claim or suit based on alleged violations of any provisions of this Agreement.
6. This Agreement shall continue in full force and effect without any fixed date of termination. Either party may terminate this Agreement upon providing ten (10) days written notice to the identified office of the other party. Client hereby acknowledges and understands that UCS/TenantReports.com shall not provide notice if any consumer reporting vendors direct UCS/TenantReports.com to halt delivery of any and all consumer reporting information. If UCS/TenantReports.com is directed to restrict Client’s data privilege, it will be done immediately prior to notice.
Client has forty five (45) days to cure any violations, after notice by UCS/TenantReports.com. If any violation is not cured by client within this specified period of time, UCS/TenantReports.com, in its’ sole discretion, has the option to terminate.
7. No information furnished to Client is guaranteed nor is UCS/TenantReports.com in any way responsible for such information. Absent negligence, misconduct, fraud or any breach of any covenant, obligation, duty, representation or warranty hereof, UCS/TenantReports.com shall not be responsible or liable for any loss caused by any of its servants, agents, attorneys, clerks or employees in procuring, collecting and communicating any information furnished by or to Client. No promise, statement, representation or agreement made by any employee or other representative of UCS/TenantReports.com and not expressed in this Agreement shall bind it contractually or otherwise to Client.
8. Client hereby agrees to comply with all policies and procedures required by UCS/TenantReports.com’s consumer reporting vendors, Client may terminate this Agreement at any time after notification of a change in policy in the event Client deems such compliance is not within its best interest.
9. Client agrees that UCS/TenantReports.com and UCS/TenantReports.com’s consumer reporting vendors shall have the right, upon written notice thereof, to audit records of Client that are relevant to the provision of services set forth in this Agreement during business hours on a business day.
Client further agrees that it will respond within a requested time frame for information requested by UCS/TenantReports.com’s consumer reporting vendors regarding information provided by such vendor. Client understands that such vendor may suspend or terminate access to the vendor’s information in the event Client does not cooperate with such an investigation.
10. (a) During the term of this Agreement, Client agrees to comply with all Applicable Law, including, the FCRA, with any changes enacted to the FCRA during the term of this Agreement, the Gramm Leach Bliley Act and its implementing regulations, any state or local laws governing the disclosure of consumer credit information, and any regulations or limitations promulgated by governmental agencies with respect to UCS/TenantReports.com’s consumer reporting vendors. In addition, such new requirements might require price increases. Client agrees to comply with any such new requirements no later than thirty (30) days after it actually receives notice from UCS/TenantReports.com and such requirements shall be incorporated into this Agreement by this reference. Client understands and agrees that UCS/TenantReports.com may require evidence, including a certification that Client understands and will comply with applicable laws and regulations.
(b) Client will implement strict security procedures designed to ensure that Client’s employees and customers use the services and the credit information in accordance with this Agreement and for no other purposes other than as permitted by this Agreement. Client will hold the services and the credit information in strict confidence and will restrict access to the services and the credit information to Client’s employees and customers who agree to act in accordance with the terms of this Agreement and Applicable Law. Client will inform Client’s employees and customers to whom any credit information is disclosed of the provisions of this Agreement. Client agrees to indemnify UCS/TenantReports.com for any losses incurred by UCS/TenantReports.com as a result of the misuse of the service or the credit information by Client or Client’s affiliates, employees, agents, subcontractors or customers in violation of the Agreement.
11. (a) Client shall notify UCS/TenantReports.com of any breach of the security of consumer reporting data provided under this Agreement if the personal information of consumers was, or is reasonably believed to have been, acquired by an unauthorized person within 24 hours following discovery thereof. (b) In the event of such a breach, Client agrees to cooperate with UCS/TenantReports.com and with UCS/TenantReports.com’s credit reporting vendors in any investigation relative thereto. The nature and timing of any notifications required herein shall be under the control of UCS/TenantReports.com’s credit reporting vendors, unless otherwise required by Applicable Law.
(c) For purposes of this Agreement, “breach of the security of the system” means unauthorized acquisition of data that compromises
the security, confidentiality, or integrity of personal information maintained by the person or business. Good faith acquisition of personal information by an employee or agent of the person or business for the purposes of the person or business is not a breach of the security of the system, provided that the personal information is not used or subject to further unauthorized disclosure.
(d) For purposes of this Agreement, “personal information” means an individual’s first name or first initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted:
(1) Social security number. (2) Driver’s license number. (3) 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.
(e) For purposes of this Agreement, “personal information” does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records.
(f) For purposes of this Agreement, “notice” may be provided by one of the following methods:
(1) Written notice. (2) Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in 15 USC §7001. (3) E-mail notice, if Client agrees that email notice is acceptable if UCS/TenantReports.com utilizes the email information provided by Client on page (2) of the UCS/TenantReports.com Service Application.
(g) The disclosure shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
(h) The notification may be delayed if a law enforcement agency determines that the notification will impede a criminal investigation. The notification required by this section shall be made after the law enforcement agency determines that it will not compromise the investigation.
(i) In the event the breach is determined to be within the “Control of Client, as used herein refers to and means a determination by
UCS/TenantReports.com’s credit reporting vendors, technical software vendors or other companies or professionals proficient in data security (“Security Experts”) that the breach was a direct result of Client’s actions or inactions to utilize appropriate safeguards which would have prevented the breach;
(1) Client shall provide to each affected or potentially affected consumer, credit history monitoring services for a minimum of one year in which the consumer’s credit history is monitored and the consumer receives daily notification of the changes that may indicate fraud or ID theft from at least one of the national consumer credit reporting bureaus, and
(2) UCS/TenantReports.com may assess Client an expense recovery fee for additional charges and fees incurred as a result of the
12. If approved by UCS/TenantReports.com and UCS/TenantReports.com’s consumer reporting vendors, Client may deliver the consumer credit information to a third party, secondary user with which Client has an ongoing business relationship for the permissible use of such information.
UCS/TenantReports.com’s consumer reporting vendors may charge a fee for the subsequent delivery to secondary users.
13. Client agrees that UCS/TenantReports.com may verify, through audit or otherwise, that Client is in fact the end user of the credit information with no intention to resell or otherwise provide or transfer the credit information in whole or in part to any other person or entity.
14. Client agrees to notify UCS/TenantReports.com of any change or ownership or control prior to any such change. UCS/TenantReports.com may require the new ownership to re-apply for the services provided for herein and may require a new physical inspection in the event the office location is changed.
15. Client hereby authorizes UCS/TenantReports.com to provide information regarding Client to UCS/TenantReports.com’s Consumer reporting vendors. UCS/TenantReports.com agrees to notify Client if any consumer reporting vendors make an inquiry regarding Client.
16. Client agrees that UCS/TenantReports.com may monitor Client on an ongoing basis to determine Client’s compliance with Applicable Law and the provisions of this Agreement. In the event UCS/TenantReports.com determines that Client is not in compliance with Applicable Law or this Agreement, UCS/TenantReports.com may immediately discontinue services to the Client under this Agreement. Client shall remain responsible for the payment for any services provided to Client by UCS/TenantReports.com prior to any such discontinuance.
17. Client agrees that it is their sole responsibility to be familiar with all applicable laws and regulations regarding this Agreement. Client agrees to comply with all applicable laws and regulations, including but not limited to, the FCRA and the policies and procedures required by UCS/TenantReports.com’s consumer reporting vendors. UCS/TenantReports.com has provided the attached Appendices for general knowledge; however, Client agrees that it is their sole responsibility to be cognizant of any and all laws or regulations pertaining to this Agreement and it is the Clients sole responsibility to train their employees, agents and subcontractors accordingly.
18. OFAC Alert is a service that is based on data that was not collected, in whole or in part, for the purpose of serving as a factor in establishing a consumer’s eligibility for credit or insurance to be used primarily for personal, family or household purposes; employment purposes; or any other purpose authorized under the FCRA. Accordingly, Client certifies it will not use any information provided through the OFAC Alert Service as part of its decision-making process for determining the consumer’s eligibility for any credit products or other products, benefits (including the opportunity to rent a dwelling or services applied for. Client acknowledges that such an indicator is merely a message that the consumer may be listed on one or more U.S. Government maintained lists of persons subject to economic sanctions, and Client further certifies that upon receipt of an OFAC Alert, it will contact the
appropriate government agency for confirmation and instructions. The OFAC Alert indicator may or may not apply to the consumer whose eligibility is being considered by Client.
19. Client acknowledges additional responsibility and guidelines regarding credit scores provided by UCS/TenantReports.com, attached to this Agreement as Appendix A and agrees to be compliant with the responsibility outlined in Appendix E.
20. UCS/TenantReports.com offers a program to facilitate the revision of data contained in consumer credit files, in an expedient manner, thereby adjusting scores of those consumers. If Client utilizes this service, known as “Rapid ReScore,” Client acknowledges adherence to additional responsibilities and guidelines.
21. Client agrees to fully support and implement policies that protect the confidential nature of information furnished by and through
UCS/TenantReports.com and insure respect for consumers’ rights to privacy. Client will subscribe to the Access Security Requirements furnished on Appendix C and will make all employees who access credit aware of these policies.
22. California Law Certification. Client will refer to Appendix E in making that certification and Client agrees to comply with all applicable provisions of the California Credit Reporting Agencies Act. To the extent any provisions of the California Civil Code applies to any report requested by Client, Client agrees that they will be responsible for full compliance with all requirements of the California Civil Code, and that UCS/TenantReports.com will have no such responsibility.
23. 15 U.S.C. §1681 et seq. of the FCRA also requires certain other responsibilities of users of consumer reports from consumer reporting agencies. Those responsibilities are attached (and made a part hereof) as Appendix B to this Agreement. Furthermore, Client acknowledges their responsibilities under the FCRA and agrees to comply with all requirements.
24. Vermont Certification. Client will refer to Appendix F in making that certification and Client agrees to comply with all applicable provisions under Vermont Law.
25. Client acknowledges that many services provided also contain information from the Death Master File as issued by the Social Security Administration (“DMF”); certify pursuant to Section 203 of the Bipartisan Budget Act of 2013 and 15 C.F.R. §1110.102 that, consistent with its applicable FCRA or GLB use of information, the client’s use of deceased flags or other indicia within the information is restricted to legitimate fraud prevention or business purposes in compliance with applicable laws, rules regulations, or fiduciary duty, as such business purposes are interpreted under 15 C.F.R. §1110.102(a)(1); and certify that the client will not take any adverse action against any consumer without further investigation to verify the information from the deceased flags or other indicia within the information.
26. Client acknowledges that it does not engage in any of the business areas outlined in Appendix G to this Agreement.
27. Client agrees to fully support and implement policies that enables it compliance with UCS/TenantReports.com’s Internet Security Requirements as outlined in Appendix H to this Agreement
28. 15 U.S.C. §1681 ET SEQ. PROVIDES THAT ANY PERSON WHO KNOWINGLY AND WILLFULLY OBTAINS INFORMATION ON A CONSUMER FROM A CREDIT REPORTING AGENCY UNDER FALSE PRETENSES SHALL BE FINED UNDER TITLE 18, UNITED STATES CODE, IMPRISONED FOR NOT MORE THAN TWO YEARS, OR BOTH.
29. This Agreement sets forth the parties’ entire understanding with respect to the subject matter hereof and shall be governed by and construed under the laws of the Commonwealth of Pennsylvania.
DATED this day of , 20
AUTHORIZATION AND ACCEPTANCE UCS/TenantReports.com
CLIENT NAME BY (PRINT)
BY (PRINT) SIGNATURE
CREDIT RISK SCORE ADDENDUM TO USER SERVICE AGREEMENT
UCS/TenantReports.com warrants that it has an Agreement for service and an account in good standing with Client for a permissible purpose under the Fair Credit Reporting Act to obtain the information in a Fair Isaac Credit Repository Score(s) (FICO Classic, FICO, Beacon) and their reason codes generated by Experian, TransUnion, Equifax.
Client agrees to maintain internal procedures to minimize the risk of unauthorized disclosure and certifies that all scores and rea son codes whether oral or written shall be maintained in strict confidence and disclosed only to employees whose duties relate to the legitimate business purpose for which the report is requested and will not sell or otherwise distribute to third parties any information received hereunder, except as otherwise required by law.
Notwithstanding any contrary provision of this Agreement, Client may disclose the Scores provided to credit applicants, when accompanied by the corresponding reason codes, in the context of bona fide lending transactions and decisions only.
Unless explicitly authorized in this Agreement or in a separate Agreement between Client and UCS/TenantReports.com for scores obtained from credit repository, or as explicitly otherwise authorized in advance and in writing by credit repository through UCS/TenantReports.com, Client shall not disclose to consumers or any third party, any or all such scores provided under this Agreement, unless required by law.
Reason codes may be utilized to assist in preparing an adverse action (denial letter) to consumer. Client shall comply with all applicable law in using the Scores and reason codes. Client, its employees, agents or subcontractors may not use the trademarks, service marks, logos, names, or any other proprietary designations, whether registered or unregistered, of the credit repositories, Fair Isaac and Company, UCS/TenantReports.com, the affiliates of them or of any other party involved in the provisions of the Score without such entity’s prior written consent.
Client agrees, either directly or indirectly not in any matter whatsoever, to discover or reverse engineer any confidential and proprietary criteria developed or used by Credit Repository/Fair Isaac in performing the Credit Repository Score.
Warranty: Credit Repository/Fair Isaac warrants the Credit Repository Score Model is empirically derived and demonstrably and statistically sound and that to the extent the population to which the Credit Repository Score Model is applied is similar to the population sample on which the Credit Repository Score Model was developed. Credit Repository Score Model may be relied upon by UCS/TenantReports.com and/or Client to rank consumers in order of the risk of unsatisfactory payment such consumers might present to Broker. Credit Repository/Fair Isaac further warrants that so long as it provides the Credit Repository Score Model, it will comply with regulations promulgated from time to time pursuant to the Equal Credit Opportunity Act, 15 USC §1692 et seq.
THE FOREGOING WARRANTIES ARE THE ONLY WARRANTIES FICO HAS GIVEN UNIVERSAL CREDIT SERVICES AND/OR CLIENT WITH RESPECT TO THE FAIR ISAAC MODEL, AND SUCH WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, FICO MIGHT HAVE GIVEN UNIVERSAL CREDIT SERVICES AND/OR CLIENT WITH RESPECT THERETO, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY OR F1TENSS FOR A PARTICULAR PURPOSE.
UCS/TenantReports.com’s and Client’s rights under the foregoing warranty are expressly conditioned upon each respective applicant’s periodic revalidation of the Credit Repository Score Model in compliance with the requirements of regulation B as it may be amended from time to time (12 CFR 202 et seq.)
Client agrees to limit the aggregate liability of Experian/Fair 12 CFR of 202, et seq. Isaac to the lesser of the fees paid by the Client for Experian/Fair Isaac Model sold to Client during the six (6) month period immediately preceding Client’s claim and excluded any liability of Experian/Fair Isaac for incidental, indirect, special or consequential damages of any kind.
CLASSICSM CREDIT RISK SCORE SERVICES
(TransUnion’s Required Terms for Addendum to Subscriber Agreement for Consumer Reports between Reseller and its Customer)
1. Based on an agreement with TransUnion LLC (“TransUnion”) and Fair Isaac Corporation (“Fair Isaac”) (“Reseller Agreement”), Reseller has access to a unique and proprietary statistical credit scoring service jointly offered by TransUnion and Fair Isaac which evaluates certain information in the credit reports of individual consumers from TransUnion’s data base (“Classic”) and provides a score which rank orders consumers with respect to the relative likelihood that United States consumers will repay their existing or future credit obligations satisfactorily over the twenty four (24) month period following scoring (the “Classic Score”).
2. Subscriber, from time to time, may desire to obtain Classic Scores from Trans Union via an on-line mode in connection with consumer credit reports.
3. Subscriber has previously represented and now, again represents that it is a tenant screening company and has a permissible purpose for obtaining consumer reports, as defined by Section 604 of the Federal Fair Credit Reporting Act (15 USC 1681b) including, without limitation, all amendments thereto (“FCRA”).
4. Subscriber certifies that it will request Classic Scores pursuant to procedures prescribed by Reseller from time to time only for the permissible purpose certified above, and will use the Classic Scores obtained for no other purpose.
5. Subscriber will maintain copies of all written authorizations for a minimum of three (3) years from the date of inquiry.
6. Subscriber agrees that it shall use each Classic Score only for a one-time use and only in accordance with its permissible purpose under the FCRA.
7. With just cause, such as delinquency or violation of the terms of this contract or a legal requirement, Reseller may, upon its election, discontinue serving the Subscriber and cancel this Agreement, in whole or in part (e.g., the services provided under this Addendum only) immediately.
8. Subscriber recognizes that factors other than the Classic Score may be considered in making a credit decision. Such other factors include, but are not limited to, the credit report, the individual account history, and economic factors.
9. Trans Union and Fair Isaac shall be deemed third party beneficiaries under this Addendum.
10. Up to five score reason codes, or if applicable, exclusion reasons, are provided to Subscriber with Classic Scores. These score reason codes are designed to indicate the reasons why the individual did not have a higher Classic 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”). However, the Classic Score itself is proprietary to Fair Isaac, and may not be used as the reason for adverse action under Reg. B and, accordingly, shall not be disclosed to credit applicants or any other third party, except: (1) to credit applicants in connection with approval/disapproval decisions in the context of bona fide credit extension transactions when accompanied with its corresponding score reason codes; or (2) as clearly required by law.
Subscriber will not publicly disseminate any results of the validations or other reports derived from the Classic Scores without Fair Isaac and Trans Union’s prior written consent
11. In the event Subscriber intends to provide Classic Scores to any agent, Subscriber may do so provided, however, that Subscriber first enters into a written agreement with such agent that is consistent with Subscriber’s obligations under this Agreement. Moreover, such agreement between Subscriber and such agent shall contain the following obligations and acknowledgments of the agent: (1) Such agent shall utilize the Classic Scores for the sole benefit of Subscriber and shall not utilize the Classic Scores for any other purpose including for such agent’s own purposes or benefit; (2) That the Classic Score is proprietary to Fair Isaac and, accordingly, shall not be disclosed to the credit applicant or any third party
without TransUnion and Fair Isaac’s prior written consent except (a) to credit applicants in connection with approval/disapproval decisions in the context of bona fide credit extension transactions when accompanied with its corresponding score reason codes; or (b) as clearly required by law;
(3) Such Agent shall not use the Classic Scores for model development, model validation, model benchmarking, reverse engineering, or model calibration; (4) Such agent shall not resell the Classic Scores; and (5) Such agent shall not use the Classic Scores to create or maintain a database for itself or otherwise.
12. Subscriber acknowledges that the Classic Scores provided under this Agreement which utilize an individual’s consumer credit information will result in an inquiry being added to the consumer’s credit file.
13. Subscriber shall be responsible for compliance with all applicable federal or state legislation, regulations and judicial actions, as now or as may become effective including, but not limited to, the FCRA, the ECOA, and Reg. B, to which it is subject.
14. The information including, without limitation, the consumer credit data, used in providing Classic Scores under this Agreement were obtained from sources considered to be reliable. However, due to the possibilities of errors inherent in the procurement and compilation of data involving a large number of individuals, neither the accuracy nor completeness of such information is guaranteed. Moreover, in no event shall TransUnion, Fair Isaac, nor their officers, employees, affiliated companies or bureaus, independent contractors or agents be liable to Subscriber for any claim, injury or damage suffered directly or indirectly by Subscriber as a result of the inaccuracy or incompleteness of such information used in providing Classic Scores under this Agreement and/or as a result of Subscriber’s use of Classic Scores and/or any other information or serviced provided under this Agreement.
15.1 Fair Isaac, the developer of Classic, warrants that the scoring algorithms as delivered to TransUnion and used in the computation of the Classic Score (“Models”) are empirically derived from TransUnion’s credit data and are a demonstrably and statistically sound method of rank-ordering candidate records with respect to the relative likelihood that consumers will repay their existing or future credit obligations satisfactorily over the twenty four (24) month period following scoring when applied to the population for which they were developed, and that no scoring algorithm used by Classic uses a “prohibited basis” as that term is defined in the Equal Credit Opportunity Act (ECOA) and Regulation B promulgated there under. Classic provides a statistical evaluation of certain information in TransUnion’s files on a particular individual, and the Classic Score indicates the relative likelihood that the consumer will repay their existing or future credit obligations satisfactorily over the twenty four (24) month period following scoring relative to other individuals in TransUnion’s database. The 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.
15.2 THE WARRANTIES SET FORTH IN SECTION 15.1 ARE THE SOLEWARRANTIES MADE UNDER THIS ADDENDUM
CONCERNING THE CLASSIC SCORES AND ANY OTHER DOCUMENTATION OR OTHER DELIVERABLES AND SERVICES PROVIDED UNDER THIS AGREEMENT; AND NEITHER FAIR ISAAC NOR TRANSUNION MAKE ANY OTHER REPRESENTATIONS OR WARRANTIES CONCERNING THE PRODUCTS AND SERVICES TO BE PROVIDED UNDER THIS AGREEMENT OTHER THAN AS SET FORTH IN THIS ADDENDUM. THE WARRANTIES AND REMEDIES SET FORTH INSECTION 15.1 ARE IN LIEU OF ALL OTHERS, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT MIGHT BE IMPLIED FROM A COURSE OF PERFORMANCE OR DEALING OR TRADE USAGE). THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
16. IN NO EVENT SHALL ANY PARTY BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES INCURRED BY THE OTHER PARTIES AND ARISING OUT OF THE PERFORMANCE OF 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 A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDINGANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
17. THE FOREGOING NOTWITHSTANDING, WITH RESPECT TO SUBSCRIBER, IN NO EVENT SHALL THE AFORE STATED LIMITATIONS OF LIABILITY, SET FORTH ABOVE IN SECTION 16, APPLY TO DAMAGES INCURRED BY TRANSUNION AND/OR FAIR ISAAC AS A RESULT OF: (A) GOVERNMENTAL, REGULATORY OR JUDICIAL ACTION(S) PERTAINING TO VIOLATIONS OF THE FCRA AND/OR OTHER LAWS, REGULATIONS AND/OR JUDICIAL ACTIONS TO THE EXTENT SUCH DAMAGES RESULT FROM SUBSCRIBER’S BREACH, DIRECTLY OR THROUGH SUBSCRIBER’S AGENT(S), OF ITS OBLIGATIONS UNDER THIS AGREEMENT.
18. ADDITIONALLY, NO PARTY SHALL BE LIABLE FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS ADDENDUM BROUGHT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED. IN NO EVENT SHALL ANY PARTY’S TOTAL LIABILITY, IF ANY,UNDER THIS AGREEMENT, EXCEED THE AGGREGATE AMOUNT PAID, UNDER THIS ADDENDUM, BY SUBSCRIBER DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING ANY SUCH CLAIM, OR TEN THOUSAND DOLLARS ($10,000.00) WHICHEVER AMOUNT IS LESS.
19. This Addendum may be terminated automatically and without notice: (1) in the event of a breach of the provisions of this Addendum by Subscriber; (2) in the event the agreement(s) related to Classic between TransUnion, Fair Isaac and Reseller are terminated or expire; (in the event the requirements of any law, regulation or judicial action are not met, (4) as a result of changes in laws, regulations or regulatory or judicial action, that the requirements of any law, regulation or judicial action will not be met; and/or (5) the use of the Classic Service is the subject of litigation or threatened litigation by any governmental entity.
NOTICE TO USERS OF CONSUMER REPORTS AND OBLIGATIONS UNDER FCRA
The Fair Credit Reporting Act (FCRA), 15 USC §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 Federal Trade Commission’s Website at https://www.ftc.gov/credit. 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 Commission’s Web site. 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 follows:
• As ordered by a court or a federal grand jury subpoena, see Section 604 (a)(I)
• As instructed by the consumer in writing, see 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, see
• For employment purposes, including hiring and promotion decisions, where the consumer has given written permission, see Sections 604(a)(3)(B) and 604(b)
• For the underwriting of insurance as a result of an application from a consumer, see Section 604(a)(3)(C)
• When there is a legitimate business need, in connection with a business transaction that is initiated by the consumer, see Section
• To review a consumer’s account to determine whether the consumer continues to meet the terms of the account, see Section
• To determine a consumer’s eligibility for a license or other benefit granted by a governmental entity required by law to
consider an applicant’s financial responsibility or status, see 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, see Section 604(a)(3)(E)
• For use by state and local officials in connection with the determination of child support payments, or modifications and enforcement thereof, see 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(a) 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 60 days.
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)(l) 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 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 6l5(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 the consumer report information is shared among affiliates and then used for an adverse action, the user must make an adverse action disclosure as 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(b) 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, which will be issued by the Federal Trade Commission and the banking and credit union regulators. The Federal Trade Commission’s regulations are available at https://www.ftc.gov/credit.
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. The Federal Trade Commission, the Securities and Exchange Commission, and the banking and credit union regulators have issued regulations covering disposal. The Federal Trade Commission’s regulations may be found at https://www.ftc.gov/credit.
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 to be jointly prescribed by the Federal Trade Commission and the Federal Reserve Board.
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 USERSWHEN 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 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) outlines the procedures for investigative consumer reports and employee misconduct investigations are set forth below.
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. OBLIGATIONSWHEN 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
• Upon the 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 613(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 company 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 regulations issued by the banking and credit union regulators) — 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. See Sections 603(I)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 (I) 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 three-year 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
• 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 on credit worthiness or insurability, or the consumer does not furnish required
• 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. The statement must include the
address and toll-free telephone number of the appropriate notification system.
In addition, once the Federal Trade Commission by rule has established the format, type size, and manner of the disclosure required by Section 615(d), users must be in compliance with the rule. The FTC’s regulations will be at https://www.ftc.gov/credit.
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.
Establish and follow reasonable procedures to ensure that reports are resold only for permissib