Summary of Your Rights Under FCRA (PDF)
Visit: https://files.consumerfinance.gov/f/201504_cfpb_summary_your-rights-under-fcra.pdf
Service Agreement
Welcome to aGoodTenant® (AGT). This Terms of Use Agreement ("Agreement") contains the terms and conditions upon which you (applicant, tenant, hereinafter referred to as "you" and "your") may access AGT or any products or services offered. You agree to be legally bound by these terms.
General Terms
Application Research Inc. (ARI) and Grant Holding Inc. (GHI) allow AGT to use its platform to access your credit and public record information ("Credit Information") that you authorize to be shared with third parties. From time to time ARI, GHI, and or AGT 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.
After agreeing to the terms of this Agreement, you may 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")). You acknowledge that upon successful completion of identity verification, your Credit Information will be provided to third parties indicated on your request via this platform. You further acknowledge if you are not requested to authenticate your identity, your Credit Information will still be provided to third parties indicated on your request via this platform. You acknowledge and agree that ARI, GHI, AGT and the various data providers (credit bureaus, public record repositories) are 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 AGT and/or the Site are the property of ARI 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, ARI 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 ARI or the owner of the Content.
YOUR USE OF THIS WEBSITE AND YOUR TRANSACTIONS CONDUCTED WITH THE COMPANY IN CONNECTION WITH THIS WEBSITE ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS, ALSO REFERRED TO AS "AGT TERMS of Use". CLICKING ONTO WEB PAGES BEYOND THE WEBSITE'S HOMEPAGE CONSTITUES YOUR ACCEPTANCE OF AND AGREEMENT WITH THE TERMS OF USE WHETHER OR NOT YOU COMPLETE A TRANSACTION WITH THE COMPANY AND WHETHER OR NOT YOU COMPLETE YOUR TRANSACTION ON THE WEBSITE OR THROUGH OTHER CHANNELS, SUCH AS BY PHONE, BY EMAIL, FACSIMILE OR OTHERWISE. IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU MAY NOT USE THIS WEBSITE.
Permitted Use
You agree that:
You agree that you will not use or attempt to use this website for any purpose other than conducting mortgage banking related business and/or tenant screening related business with ARI and GHI; you may not use or attempt to use this website or any part of this site for any other purpose.
Disclaimer of Warranties and Liabilities
AGT 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 ARI OR GHI 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 AGT AND THE SITE, THAT YOU OR A THIRD PARTY WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO AGT OR THE SITE, PRODUCTS OR SERVICES OR THAT AGT, THE SITE, PRODUCTS OR SERVICES WILL BE ERROR-FREE. IN ADDITION, ARI, GHI 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 AGT, THE SITE, PRODUCTS, SERVICES AND CONTENT ARE AT YOUR OWN RISK. ADDITIONALLY, YOU AGREE THAT THE CREDIT INFORMATION THAT YOU AUTHORIZE ARI AND GHI TO SHARE WITH THIRD PARTIES IS NOT ERROR-FREE AND MAY INCLUDE INFORMATION THAT DOES NOT PERTAIN TO YOU AND ARI AND GHI 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 ARI AND GHI 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 AGT, 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 ARI AND GHI'S DATA PROVIDERS ARE A THIRD PARTY BENEFICIARY OF THE PROVISIONS OF THIS SECTION, WITH RIGHT OF ENFORCEMENT.
ARI 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 ARI.
Registration and Accurate Information
If you decide to register on the Site or use AGT, 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 AGT 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://tenantalert.agoodtenant.com/privacy-policy/.
Vantage Score
ARI and GHI utilize multiple credit scores including the VantageScore® credit score. The VantageScore credit score may or may not be used by your lenders, and is not an endorsement or guarantee of your credit worthiness as seen by lenders.
Please be aware that there are many scoring models used in the marketplace. Each scoring model may have its own set of factors and scale. The information and credit scoring may be different than that used by a lender. The VantageScore credit score may not be identical in every respect to any other credit score produced by another company or used by your lender.
Your VantageScore credit score is calculated using your actual data from your credit file at the time of ARI and GHI's request. Keep in mind, however, that other factors, such as length of employment and annual salary, are often taken into consideration by lenders when making decisions about you. How each lender weighs its chosen factors may vary, but the exact formula used to calculate your score is proprietary.
Also note that each consumer reporting agency has its own set of data, resulting in a separate VantageScore credit score for each of your credit files.
You agree to request VantageScore credit scores only for your use alone for the purposes certified to ARI and GHI and for no other purpose or use. All VantageScore credit scores provided hereunder will be held in strict confidence and may never be sold, licensed, copied, reused, disclosed, reproduced, revealed or made accessible, in whole or in part, to any person except as required by law or as otherwise set forth in your agreement with ARI and GHI.
VantageScore® is owned by VantageScore Solutions, LLC.
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 AGT 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 Modification
This Agreement will take effect at the time you click "START APPLICATION". ARI and GHI 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 AGT and/or the Site after ARI and GHI have 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 AGT or our Site to customerservice@agoodtenant.com.
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 California, USA, and applicable federal law, without regard to any conflict of law provisions. ARI and GHI 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 ARI and GHI's provision of services to you, if submitted to a court of law, shall be submitted to the state and federal courts of Central District of California, USA.
Permission Statement
You understand that by clicking on the "START APPLICATION" button immediately following this notice, you are providing "written instructions" to ARI and GHI to obtain information from your personal credit profile, public records, and any other additional sources as requested. You authorize ARI and GHI 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 AGT, we must obtain "written instructions" from you to give us permission to obtain your credit history, public records, and any other additional sources as requested and share them with certain identified third parties.
Permission Confirmation
Please confirm your authorization for ARI to obtain your credit profile, public records, and any other additional sources as requested and to score such information and provide it to certain identified third parties who are requesting this information about you.
IMPORTANT NOTICE AFFECTING END USERS DOING BUSINESS WITH VERMONT RESIDENTS
VERMONT FCRA - Notice of Requirement for Consumer Consent
In addition to the Notice to Users of Consumer Reports, if you are a user of Vermont consumer reports, please read below:
Vermont Fair Credit Reporting Statute, 9 V.S.A. § 2480e
§ 2480e. Consumer consent
(a) A person shall not obtain the credit report of a consumer unless:
(1) the report is obtained in response to the order of a court having jurisdiction to issue such an order; or
(2) the person has secured the consent of the consumer, and the report is used for the purpose consented to by the consumer.
(b) Credit reporting agencies shall adopt reasonable procedures to assure maximum possible compliance with subsection (a) of this section.
(c) Nothing in this section shall be construed to affect:
(1) the ability of a person who has secured the consent of the consumer pursuant to subdivision (a)(2) of this section to include in his or her request to the consumer permission to also obtain credit reports, in connection with the same transaction or extension of credit, for the purpose of reviewing the account, increasing the credit line on the account, for the purpose of taking collection action on the account, or for other legitimate purposes associated with the account; and
(2) the use of credit information for the purpose of prescreening, as defined and permitted from time to time by the Federal Trade Commission. (Added 1991, No. 246 (Adj. Sess.), § 1.)
VERMONT RULES *** CURRENT THROUGH JUNE 1999 ***
AGENCY 06. OFFICE OF THE ATTORNEY GENERAL
SUB-AGENCY 031. CONSUMER PROTECTION DIVISION
CHAPTER 012. Consumer Fraud--Fair Credit Reporting
RULE CF 112 FAIR CREDIT REPORTING
CVR 06-031-012, CF 112.03 (1999)
CF 112.03 CONSUMER CONSENT
A person required to obtain consumer consent pursuant to 9 V.S.A. §§ 2480e and 2480g shall obtain said consent in writing if the consumer has made a written application or written request for credit, insurance, employment, housing or governmental benefit. If the consumer has applied for or requested credit, insurance, employment, housing or governmental benefit in a manner other than in writing, then the person required to obtain consumer consent pursuant to 9 V.S.A. §§ 2480e and 2480g shall obtain said consent in writing or in the same manner in which the consumer made the application or request. The terms of this rule apply whether the consumer or the person required to obtain consumer consent initiates the transaction.
Consumer consent required pursuant to 9 V.S.A. §§ 2480e and 2480g shall be deemed to have been obtained in writing if, after a clear and adequate written disclosure of the circumstances under which a credit report or credit reports may be obtained and the purposes for which the credit report or credit reports may be obtained, the consumer indicates his or her consent by providing his or her signature.
The fact that a clear and adequate written consent form is signed by the consumer after the consumer's credit report has been obtained pursuant to some other form of consent shall not affect the validity of the earlier consent.
Under Vermont law, no one may access a Vermont consumer's credit report without obtaining the consumer's permission except under the following limited circumstances:
in response to the order of a court having jurisdiction to issue such an order;
for direct mail offers of credit (prescreening), as permitted by the FCRA;
for the purpose of reviewing an account, increasing the credit line on the account, taking collection action on the account, or for other legitimate purposes associated with the account, if the consumer has given ongoing permission to obtain reports in connection with an existing credit relationship;
where the request for a credit report is related to an education loan made, guaranteed, or serviced by the Vermont Student Assistance Corporation;
where the request for a credit report is by the Office of Child Support Services when investigating a child support case;
where the request for a credit report is related to a credit transaction entered into prior to January 1, 1993; or
where the request for a credit report is by the Vermont State Tax Department and is used for the purpose of collecting or investigating delinquent taxes.
If you have obtained consent from the consumer to receive their credit report, the report may only be used for the purpose consented to by the consumer.
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Please note that by signing ARI and GHI's Terms and Conditions, you have agreed to comply with all applicable federal, state and local laws, rules, and regulations relating to the use of information received from ARI and GHI or regarding the provision of information to ARI and GHI. You and/or your company has also certified that it will not use the information received from ARI and GHI for purposes prohibited by law.
Based on the provisions in ARI and GHI's Terms and Conditions between ARI, GHI, and you and/or your company, ARI and GHI will rely on your company's certification that credit reports will not be requested unless done so in compliance with Vermont and all other applicable law.
The Vermont statute above is provided to you with the intention of increasing awareness of your responsibilities under VT2480e(b) only. The notice is not meant to be an exhaustive representation of all Vermont laws affecting credit report users nor of your obligations under such laws. In short, it is not intended to provide you with, nor shall it be construed as, legal advice regarding Vermont law.
Should you have any questions about your or your institution's specific obligations under the FCRA or any related state law, we ask that you consult with your own legal counsel.
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IMPORTANT NOTICE AFFECTING END USERS DOING BUSINESS WITH CALIFORNIA RESIDENTS
CALIFORNIA FCRA - California Consumer Credit Reporting Legislation Data User / Furnisher Obligations
California law requires that consumer credit reporting agencies, communicate to all its users and data furnishers their obligations under Title 1.6 California Consumer Credit Reporting Agencies Act.
Provided below is an extract of the Act. Please note that federal law may pre-empt state regulations. We strongly encourage you to review the entire statute closely with your legal counsel. A copy of the statute may be found at www.sen.ca.gov.
This communication is not intended to provide legal advice or counsel you in regards to your obligations under the law. If you have any questions pertaining to your obligations under California law, or any other state or federal regulation, we ask that you consult with your own legal counsel.
California Consumer Credit Reporting Legislation Data User / Furnisher Obligations
1785.11.1 (g) Any person who uses a consumer credit report in connection with the approval of credit based on an application for an extension of credit, or with the purchase, lease, or rental of goods or non-credit-related services and who receives notification of a security alert pursuant to subdivision (a) may not lend money, extend credit, or complete the purchase, lease, or rental of goods or non-credit-related services without taking reasonable steps to verify the consumer's identity, in order to ensure that the application for an extension of credit or for the purchase, lease, or rental of goods or non-credit-related services is not the result of identity theft. If the consumer has placed a statement with the security alert in his or her file requesting that identity be verified by calling a specified telephone number, any person who receives that statement with the security alert in a consumer's file pursuant to subdivision (a) shall take reasonable steps to verify the identity of the consumer by contacting the consumer using the specified telephone number prior to lending money, extending credit, or completing the purchase, lease, or rental of goods or non-credit-related services. If a person uses a consumer credit report to facilitate the extension of credit or for another permissible purpose on behalf of a subsidiary, affiliate, agent, assignee, or prospective assignee, that person may verify a consumer's identity under this section in lieu of the subsidiary, affiliate, agent, assignee, or prospective assignee.
(i) If reasonable steps are taken to verify the identity of the consumer pursuant to subdivision (b) of Section 1785.20.3, those steps constitute compliance with the requirements of this section, except that if a consumer has placed a statement including a telephone number with the security alert in his or her file, his or her identity shall be verified by contacting the consumer using that telephone number as specified pursuant to subdivision (g).
1785.11.4 The provisions of Sections 1785.11.1, 1785.11.2, and 1785.11.3 do not apply to a consumer credit reporting agency that acts only as a reseller of credit information pursuant to Section 1785.22 by assembling and merging information contained in the data base of another consumer credit reporting agency or multiple consumer credit reporting agencies, and does not maintain a permanent data base of credit information from which new consumer credit reports are produced. However, a consumer credit reporting agency acting pursuant to Section 1785.22 shall honor any security freeze placed on a consumer credit report by another consumer credit reporting agency.
1785.14 (2) If the prospective user is a retail seller, as defined in Section 1802.3, and intends to issue credit to a consumer who appears in person on the basis of an application for credit submitted in person, the retail seller certifies, in writing, to the consumer credit reporting agency that it instructs its employees and agents to inspect a photo identification of the consumer at the time the application was submitted in person. This paragraph does not apply to an application for credit submitted by mail.
(3) If the prospective user intends to extend credit by mail pursuant to a solicitation by mail, the extension of credit shall be mailed to the same address as on the solicitation unless the prospective user verifies any address change by, among other methods, contacting the person to whom the extension of credit will be mailed.
1802.3. "Retail seller" or "seller" means a person engaged in the business of selling goods or furnishing services to retail buyers.
1785.20.2. Any person who makes or arranges loans and who uses a consumer credit score as defined in Section 1785.15.1 in connection with an application initiated or sought by a consumer for a closed end loan or establishment of an open end loan for a consumer purpose that is secured by one to four units of residential real property shall provide the following to the consumer as soon as reasonably practicable:
(a) A copy of the information identified in subdivision (a) of Section 1785.15.1 that was obtained from a credit reporting agency or was developed and used by the user of the information. In addition to the information provided to it by a third party that provided the credit score or scores, a lender is only required to provide the notice contained in subdivision (d).
(b) If a person who is subject to this section uses an automated underwriting system to underwrite a loan, that person may satisfy the obligation to provide a credit score by disclosing a credit score and associated key factors supplied by a consumer credit reporting agency. However, if a numerical credit score is generated by an automated underwriting system used by an enterprise, and that score is disclosed to the person, it shall be disclosed to the consumer consistent with subdivision (c). For purposes of this subdivision, the term "enterprise" shall have the meaning provided in paragraph (6) of Section 4502 of Title 12 of the United States Code.
(c) A person subject to the provisions of this section who uses a credit score other than a credit score provided by a consumer reporting agency may satisfy the obligation to provide a credit score by disclosing a credit score and associated key factors supplied by a consumer credit reporting agency.
(d) A copy of the following notice, which shall include the name, address, and telephone number of each credit bureau providing a credit score that was used:
NOTICE TO THE HOME LOAN APPLICANT
In connection with your application for a home loan, the lender must disclose to you the score that a credit bureau distributed to users and the lender used in connection with your home loan, and the key factors affecting your credit scores. The credit score is a computer generated summary calculated at the time of the request and based on information a credit bureau or lender has on file. The scores are based on data about your credit history and payment patterns. Credit scores are important because they are used to assist the lender in determining whether you will obtain a loan. They may also be used to determine what interest rate you may be offered on the mortgage. Credit scores can change over time, depending on your conduct, how your credit history and payment patterns change, and how credit scoring technologies change. Because the score is based on information in your credit history, it is very important that you review the credit-related information that is being furnished to make sure it is accurate. Credit records may vary from one company to another. If you have questions about your credit score or the credit information that is furnished to you, contact the credit bureau at the address and telephone number provided with this notice, or contact the lender, if the lender developed or generated the credit score. The credit bureau plays no part in the decision to take any action on the loan application and is unable to provide you with specific reasons for the decision on a loan application. If you have questions concerning the terms of the loan, contact the lender.
(e) This section shall not require any person to do the following: (1) Explain the information provided pursuant to Section 1785.15.1. (2) Disclose any information other than a credit score or key factor, as defined in Section 1785.15.1. (3) Disclose any credit score or related information obtained by the user after a loan has closed. (4) Provide more than one disclosure per loan transaction. (5) Provide the disclosure required by this section when another person has made the disclosure to the consumer for that loan transaction. (f) Any person's obligation pursuant to this section shall be limited solely to providing a copy of the information that was received from the consumer credit reporting agency. No person has liability under this section for the content of that information or for the omission of any information within the report provided by the consumer credit reporting agency.
1785.20.3. (a) Any person who uses a consumer credit report in connection with the approval of credit based on an application for an extension of credit, and who discovers that the consumer's first and last name, address, or social security number, on the credit application does not match, within a reasonable degree of certainty, the consumer's first and last name, address or addresses, or social security number listed, if any, on the consumer credit report, shall take reasonable steps to verify the accuracy of the consumer's first and last name, address, or social security number provided on the application to confirm that the extension of credit is not the result of identity theft, as defined in Section 1798.92.
(b) Any person who uses a consumer credit report in connection with the approval of credit based on an application for an extension of credit, and who has received notification pursuant to subdivision (k) of Section 1785.16 that the applicant has been a victim of identity theft, as defined in Section 1798.92, may not lend money or extend credit without taking reasonable steps to verify the consumer's identity and confirm that the application for an extension of credit is not the result of identity theft.
(f) If a consumer provides initial written notice to a creditor that he or she is a victim of identity theft, as defined in subdivision (d) of Section 1798.92, the creditor shall provide written notice to the consumer of his or her rights under subdivision (k) of Section 1785.16. (g) The provisions of subdivisions (k) and (l) of Section 1785.16 do not apply to a consumer credit reporting agency that acts only as a reseller of credit information by assembling and merging information contained in the database of another consumer credit reporting agency or the databases of multiple consumer credit reporting agencies, and does not maintain a permanent database of credit information from which new credit reports are produced.
(h) This section does not apply if one of the addresses at issue is a US Army or Air Force post office address or a US Fleet post office address.
1785.20.5. (a) Prior to requesting a consumer credit report for employment purposes, the user of the report shall provide written notice to the person involved. The notice shall inform the person that a report will be used and the source of the report, and shall contain a box that the person may check off to receive a copy of the credit report. If the consumer indicates that he or she wishes to receive a copy of the report, the user shall request that a copy be provided to the person when the user requests its copy from the credit reporting agency. The report to the user and to the subject person shall be provided contemporaneously and at no charge to the subject person. (b) Whenever employment involving a consumer is denied either wholly or partly because of information contained in a consumer credit report from a consumer credit reporting agency, the user of the consumer credit report shall so advise the consumer against whom the adverse action has been taken and supply the name and address or addresses of the consumer credit reporting agency making the report. No person shall be held liable for any violation of this section if he or she shows by a preponderance of the evidence that, at the time of the alleged violation, he or she maintained reasonable procedures to assure compliance with this section.
1785.22. (a) A person may not procure a consumer credit report for the purpose of reselling the report or any information therein unless the person discloses to the consumer credit reporting agency which issues the report the identity of the ultimate end user and each permissible purpose for which the report is furnished to the end user of the consumer credit report or information therein. (b) A person that procures a consumer credit report for the purpose of reselling the report or any information therein shall do all of the following: (1) Establish and comply with reasonable procedures designed to ensure that the consumer credit report or information is resold by the person only for a purpose for which the report may be furnished under this title. These procedures shall include all of the following: (A) Identification of each prospective user of the resold consumer credit report or information. (B) Certification of each purpose for which the consumer credit report or information will be used. (C) Certification that the consumer credit report or information will be used for no other purpose. (2) Before reselling the consumer credit report or information, the person shall make reasonable efforts to verify the identities and certifications made under paragraph (1).
1785.25. (a) A person shall not furnish information on a specific transaction or experience to any consumer credit reporting agency if the person knows or should know the information is incomplete or inaccurate.
1785.30. Upon notification of the results of a consumer credit reporting agency's reinvestigation pursuant to Section 1785.16, a consumer may make a written demand on any person furnishing information to the consumer credit reporting agency to correct any information that the consumer believes to be inaccurate. The person upon whom the written demand is made shall acknowledge the demand within 30 days.
Should you have any questions regarding your institutions specific obligations under California law or any other state or federal statute, we ask that you consult with your own legal counsel.
California SB 267 Compliance Language
California makes it unlawful, in instances where there is a government rent subsidy, for a landlord to use a person's credit history as part of the application process for a rental accommodation without offering the applicant the option, at the applicant's discretion, of providing lawful, verifiable alternative evidence of reasonable ability to pay the portion of the rent to be paid by the tenant, including, but not limited to, government benefit payments, pay records, and bank statements.
Accessibility Statement