Re: Consumer Credit Reporting
Reform Act of 1996
(An Amendment to the Fair Credit Reporting Act)
Dear Valued Client:
Last year, the Fair Credit Reporting Act, 15 U.S.C. §§ 1681-1681u, was amended by the Consumer Credit Reporting Reform Act of 1996 (the Fair Credit Reporting Act, as amended, hereinafter, the “Act”). The provisions of the Act became effective September 30, 1997.
Many of the amendments to the Act significantly affect the method of ordering and use of services. The Act also imposes new requirements on you as “users” of “consumer reports” and/or “investigative consumer reports”. As your information provider, MYB has prepared and attached a brief summary of the recently enacted provisions of the Act to familiarize your company (“Summary of Selected Provisions of the Act”).
As an update to our last instructional on How To Adhere To The New Laws, MYB has prepared the necessary authorization and disclosure forms as well as a copy of the Consumer Summary (the form and content of which is federally-mandated and cannot be altered) that you will read about in the attached Summary of Selected Provisions of the Act. These forms are attached, along with a Table of Contents, to help you comply with the new law.
We also enclosed a copy of a “Notice to Users of Consumer Reports: Obligations of Users Under the FCRA”; the Act requires us to send this notice to you.
Finally, attached please find a Client/User Certification. The Act requires MYB to obtain this certification form from you in order to continue to provide you with access to our services. Please have the appropriate person sign and complete the Client/User Certification and return the same to the following address.
Please feel free to call should you have any questions about the Act.
Sincerely,
MIND YOUR BUSINESS, INC.
Karen Caruso
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Form
Name
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Attachment
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| Summary of Selected Provisions of the Act | Attachment A |
| Client/User Certification | Attachment B |
| Consumer
Authorization and Release for the
Procurement of a Consumer and/or Investigative Consumer Report |
Attachment C |
| Notice
of Adverse Action Based on a Consumer and/or Investigative Consumer Report |
Attachment D |
| Notice to Users of Consumer Reports: | |
| Obligations of Users Under the FCRA | Attachment E |
| Consumer Summary | |
| A
Summary of Your Rights Under the Fair Credit Reporting Act |
Attachment F |
| Click the image to open a printer friendly version
of this agreement |
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Summary of Selected Provisions of the Act MIND YOUR BUSINESS, INC. Summary of Selected Provisions of the Act Consumer Reporting Agency MYB Responsibilities: • Before preparing a consumer report or investigative consumer
report (1), a consumer reporting agency Client (User) Responsibilities: • Before requesting a consumer report for employment purposes,
you must provide the consumer with
Client/User Certification To be signed and sent to: Karen Caruso Phone
828-698-9900 Attn.: Client/User Certification
MIND YOUR BUSINESS, INC. Client/User Certification Pursuant to the Fair Credit Reporting Act 15 U.S.C. 1681-1681u, as amended by the Consumer Credit Reporting Reform Act of 1996 (the “Act”), ______________________________________________, (“Client”) hereby agrees, certifies and warrants to Mind Your Business, Inc. (“MYB”) as follows: 1. Client will not request, cause to be prepared or procure
from MYB, any consumer report for a. Prior to requesting, causing to be
prepared or procuring a consumer and / or investigative b. Prior to requesting a consumer and/or
investigative consumer report, Client obtains a 2. In using a consumer and/or investigative consumer
report for employment purposes, before Client a. A copy of the consumer and/or investigative
consumer report; and 3. In the event Client takes adverse action against a
consumer, based in whole or in part on a consumer 4. In the event Client takes adverse action against the
consumer, based in whole or in part on a consumer 5. Client shall not request, cause to be prepared or
procure an investigative consumer report unless: 1. Is made in writing,
mailed to or otherwise delivered to the consumer not later than 6. Client will not use any consumer and/or investigative
consumer report prepared by MYB in violation of
Consumer Authorization and Release (To be used by Client before ordering MYB services) MIND YOUR BUSINESS, INC. Authorization
and Release for the Procurement I, the undersigned consumer, do hereby authorize ____________________________________, by and through its independent contractor, MIND YOUR BUSINESS, INC. (“MYB”), to procure a consumer report and/or investigative consumer report on me. These above mentioned reports may include, but are not limited to, employment and education verification; personal references; citations; a social security number verification; present and former addresses; criminal and civil history/record; and any other public record; and any other information bearing on my credit standing, credit capacity, worthiness, character, general reputation, person characteristics, trustworthiness and/or mode of living. I understand that the investigative consumer report I have authorized above may include information obtained by interview with my neighbors, friends and/or associates and/or others with whom I am acquainted or who may have knowledge concerning said information. I understand that I am entitled to a complete and accurate disclosure of the nature and scope of any investigative consumer report prepared on me upon my written request to MYB that is made within a reasonable time after the date hereof. I further authorize any person, business entity or governmental agency who may have information relevant to the above to disclose the same to _____________________________, by and through MYB, including but not limited to, any courthouse, any public agency, any and all law enforcement agencies and any and all credit bureaus, regardless of whether such person, business entity or governmental agency compiled the information itself or received it from other sources. I hereby release ________________________________, MYB and any and all persons, business entities and governmental agencies, whether public or private, from any and all liability, claims and/or demands, of whatever kind, to me, my heirs, or others making such claim or demand on my behalf, for procuring, selling, providing, brokering, and/or assisting with the compilation or preparation of the consumer report and/or investigative consumer report hereby authorized.
SIGNATURE: _______________________________________ DATE: _________________ COMPLETE RESIDENCE ADDRESS: ________________________________________________________
________________________________________________________________________________________
SOCIAL SECURITY NUMBER: ________________________________________________________ DAYTIME TELEPHONE NUMBER: ________________________________________________________ DRIVER’S LICENSE NUMBER:_________________________________STATE ISSUED_______ DATE OF BIRTH*: ________________________________ GENDER*: _________________ *This information is voluntary. However, without
this information, we will be unable to properly
Notice of Adverse Action Based on (To
be used by Client after sending the consumer a copy of (Place on your Company letterhead) Notice of Adverse Action Based on a Consumer Report and/or Investigative Consumer Report ___________________________________ has decided to deny you application for employment based on information contained in a consumer report and/or investigative consumer report (the “Report”) The Report was prepared by: MIND YOUR BUSINESS, INC. Please know that MIND YOUR BUSINESS, INC., did not make the decision to take adverse action against you; and therefore, is unable to provide you with specific reasons for the adverse action. You have the right to contact MIND YOUR BUSINESS, INC. to request a free copy of the above-mentioned report. You may make this request in writing to the following address: MIND YOUR BUSINESS, INC. If you dispute the accuracy or completeness of any of the information contained in the Report, you have the right to request a reinvestigation by MIND YOUR BUSINESS, INC., unless your request is frivolous. MIND YOUR BUSINESS, INC. must give you a written report of the reinvestigation and a copy of your report if the reinvestigation results in any change. If MIND YOUR BUSINESS, INC.’S reinvestigation does not resolve your dispute, you may add a brief statement to your file at MIND YOUR BUSINESS, INC.
Notice to Users of Consumer
Reports: (Required to be sent to you by the FCRA) MIND YOUR BUSINESS, INC. Notice to Users of Consumer Reports: The federal Fair Credit Reporting Act (“FCRA”) requires that this notice be provided to inform users of consumer reports of their legal obligations. State law may impose additional requirements. 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. The FCRA, 15 U.S.C. 1681-1681u, is set forth in full at the Federal Trade Commission’s Internet website (http://www.ftc.gov). 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 consumer’s privacy. All users must have a permissible purpose under the FCRA to obtain a consumer report. Section 604 of the FCRA contains a list of the permissible purposes under the law. They are: • As ordered by a court or a federal grand jury subpoena. Section 604(a)(1). • As instructed by the consumer in writing. Section 604(a)(2). • For the extension of credit as a result of an application
from a consumer, or the review or • For employment purposes, including hiring and promotion
decisions, where the consumer • For the underwriting of insurance as the result of an
application from a consumer. • When there is a legitimate business need, in connection
with a business transaction • To review a consumer’s account to determine whether the
consumer continues to meet the • To determine a consumer’s eligibility for a license or
other benefit granted by a governmental • For use by a potential investor or servicer, or current
insurer, in a valuation or assessment of • For use by state and local officials in connection with
the determination of child support payments, In addition, creditors and insurers may obtain certain consumer report information for the purpose of making unsolicited offers of credit or insurance. The particular obligations of users of this “prescreened” information are described in Section V below. B. Users Must Provide Certifications Section
604(f) of the FCRA prohibits any person from obtaining a consumer
report from a consumer reporting agency (“CRA”) unless the person
has certified to the CRA (by a general or specific certification,
as appropriate) the permissible purpose(s) for which the report is
being obtained and certifies that the report will not be used for
any other purpose. MIND YOUR BUSINESS, INC. NOTICE TO USERS OF CONSUMER REPORTS Page Two C. Users Must Notify Consumers When Adverse Actions Are Taken The term “adverse action” is defined very broadly by Section 603 of the FCRA. “Adverse Actions” include all business, credit and employment actions affecting consumers that can be considered to have a negative impact — such as unfavorably changing credit or contract terms of conditions, denying or canceling credit or insurance, offering credit on less favorable terms than requested, or denying employment or promotion. 1. Adverse Actions Based on Information Obtained from a CRA If a user takes any type of adverse action that is based at least in part on information contained in a consumer report, the user is required by Section 615(a) of the FCRA 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
the toll-free number, if it is a • A statement that the CRA did not make the adverse decision
and is not able to explain why the • A statement setting forth the consumer’s right to obtain
a free disclosure of the consumer’s file • A statement setting forth the consumer’s right to dispute
directly with the CRA the accuracy or 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) of the FCRA requires that the user clearly and accurately disclose to the consumer his or her right to obtain disclosure of the nature of the information that was relied upon by making 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 Action 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 notification 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. (Information that is obtained directly from an affiliated entity relating solely to its transactions or experiences with the consumer, and information from a consumer report obtained from an affiliate are not covered by Section 615(b)(2)). MIND YOUR BUSINESS, INC. NOTICE TO USERS OF CONSUMER REPORTS Page Three II OBLIGATIONS OF USERS WHEN CONSUMER REPORTS ARE OBTAINED FOR EMPLOYMENT PURPOSES 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 • Obtain prior written authorization from the consumer. • Certify to the CRA that the above steps have been followed,
that the information being obtained Before taking an adverse action, 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, because Section 604(b)(1)(B) of the FCRA requires CRAs to provide a copy of the summary with each consumer report obtained for employment purposes.). III. OBLIGATIONS OF USERS OF INVESTIGATIVE CONSUMER REPORTS 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. Consumers who are the subjects of such reports are given special rights under the FCRA. if a user intends to obtain an investigative consumer report, Section 606 of the FCRA requires the following: • The user must disclose to the consumer that an investigative
consumer report may be obtained. • The user must certify to the CRA that the disclosures
set forth above have been made and that the user • Upon the written request of a consumer made within a
reasonable period of time after the disclosures IV. OBLIGATIONS OF USERS OF CONSUMER REPORTS CONTAINING MEDICAL INFORMATION Section 604(g) of the FCRA prohibits consumer reporting agencies from providing consumer reports that contain medical information for employment purposes, or in connection with credit or insurance transactions, without the specific prior consent of the consumer who is the subject of the report. In the case of medical information being MIND YOUR BUSINESS, INC. NOTICE TO USERS OF CONSUMER REPORTS Page Four sought for employment purposes, the consumer must explicitly consent to the release of the medical information in addition to authorizing the obtaining of a consumer report generally. V. 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. Sections 603(I), 604(c), 604(e) and 615(d). This practice is known as “prescreening” and typically involves obtaining a list of consumers from a CRA 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 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 • Credit or insurance may not be extended if, after the
consumer responds, it is determined that the 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 toll-free telephone number of the appropriate notification system. VI. OBLIGATIONS OF RESELLERS Section 607(e) of the FCRA requires any person who obtains a consumer report for resale to take the following steps: • Disclosing 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 • Establish and follow reasonable procedures to ensure
that reports are resold only for permissible (1) the identity of all end-users; (2) certifications from all users of each purpose for which the reports will be used; and (3) certifications that reports will not be used
for any purpose other than the purpose(s) VII. LIABILITY FOR VIOLATIONS OF THE FCRA Failure to comply with the FCRA can result in state or federal 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.
Consumer Summary (To be sent with each report) MIND YOUR BUSINESS, INC. Consumer Summary A Summary of Your Rights Under the Fair Credit Reporting Act The federal Fair Credit Reporting Act (“FCRA”) is designed to promote accuracy, fairness and privacy of information in the files of every “consumer reporting agency” (“CRA”). Most CRAs are credit bureaus that gather and sell information about you — such as if you pay your bills on time or have filed bankruptcy — to creditors, employers, landlords and other businesses. You can find the complete text of the FCRA, 15 U.S.C. 1681-1681u, at the Federal Trade Commission’s website (http://www.ftc.gov). The FCRA gives you specific rights as outlined below. You may have additional rights under state law. You may contact a state or local consumer protection agency or a state attorney general to learn those rights. • You must be told if information in your file has been
used against you. Anyone who uses • You can find out what is in your file. At your
request, a CRA must give you the information in your • You can dispute inaccurate information with the CRA.
If you tell a CRA that your file contains • Inaccurate Information must be corrected or deleted.
A CRA must remove or correct inaccurate • You can dispute inaccurate items with the source of
the information. If you tell anyone — MIND YOUR BUSINESS, INC. CONSUMER SUMMARY Page Two the
information to a CRA without including a notice of your dispute.
In addition, once • Access to your file is limited. A CRA may provide
information about you only to people with • Your consent is required for reports that are provided
to employers, or reports that • You may choose to exclude your name from CRA lists
for unsolicited credit and • You may seek damages from violators. If a CRA,
a user or (in some cases) a provider of
CONSUMER SUMMARY Page Three The FCRA gives several different agencies authority to enforce the FCRA:
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