You have requested to participate in the TSC RentalConnect/CommercialConnect service (the “Service”) provided by Tenant Screening Center, Inc. (“TSCI”). Your participation in the Service is subject to your acceptance of these terms and conditions. YOU MUST CAREFULLY READ AND AGREE TO ALL OF THE TERMS AND CONDITIONS, INCLUDING THE ARBITRATION PROVISION, BEFORE ENROLLING IN THE SERVICE. As a member of TSC RentalConnect/CommercialConnect, a consumer (“Report Subject”) may participate in the Service available through TSC RentalConnect/CommercialConnect, such as access to an abbreviated version of that consumer’s credit report with VantageScore credit score, eviction, criminal, verification of current and previous landlords, verification of current employer information, and business report (collectively “Tenant Screening Report”) and the ability to authorize TSC RentalConnect/CommercialConnect to provide the credit, score, eviction, criminal, verification of current and previous landlords, verification of current employer information, and business report to a user (“End User”) (collectively “Report and Score Service”). Additional services may be included in the Service in the future, and the registration and authentication information provided under this Agreement may be used in the provision of any such Service. Both Report Subject and End User, if any, agree to the applicable Terms and Conditions set forth herein.
These Terms and Conditions (“Terms and Conditions” or “Agreement”) apply to all: (a) the Service; (b) interaction by any means between you and TSC RentalConnect/CommercialConnect regarding the Service; (c) your access to and use of the website located at www.tsci.com (“Service Website”); (d) your access to and use of credit resources, text, pictures, graphics, logos, button items, icons, images, works of authorship and other information and all revisions, modifications, and enhancements thereto (the “Content”); and (e) the resolution of all claims and disputes between us through arbitration. YOU AND TSCI UNDERSTAND AND AGREE THAT THE ARBITRATION PROVISION CONTAINED IN SECTION 22 PROVIDES THAT WE EACH AGREE TO RESOLVE ANY DISPUTES BETWEEN US THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW.
YOUR ORDER OF, USE OF, AND ACCESS TO, THE SERVICE, SERVICE WEBSITE AND CONTENT AND RESOLUTION OF DISPUTES BETWEEN US ARE SUBJECT TO ALL TERMS AND CONDITIONS CONTAINED HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS. YOUR ORDER OF, ACCEPTANCE OF, USE OF, AND/OR ACCESS TO, THE SERVICE, SERVICE WEBSITE AND/OR CONTENT CONSTITUTES YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN, INCLUDING THE ARBITRATION PROVISION.
Upon executing this Agreement by clicking below to indicate your agreement and by ordering any Service, TSCI will provide you with the ordered Service in accordance with these Terms and Conditions.
TERMS AND CONDITIONS
1. REGISTERING FOR THE SERVICE
TSC RentalConnect/CommercialConnect is an online service in which once you are registered, an online account is created for you. To register for your account, you must provide us with your name, a valid address within the United States and an email address, and agree to be bound by these Terms and Conditions.
Because the Service provides access to credit reports and information, you must provide a valid Social Security number, your current address, and successfully pass authentication of your identity when requested by TSC RentalConnect/CommercialConnect. You also must provide valid credit card information for any Service for which a fee is charged. You agree to provide true, accurate, complete and current information about yourself when prompted to do so by the registration form, authentication form or otherwise requested to do so by TSC RentalConnect/CommercialConnect. By registering, you certify that you are eighteen (18) years of age or older. If any information you provide is untrue, inaccurate or not current, or if TSC RentalConnect/CommercialConnect has reasonable grounds to suspect that such information is untrue, inaccurate or not current, TSC RentalConnect/CommercialConnect, at its sole discretion, has the right to suspend or terminate your order of, use of, and/or access to any Service, Service Website and/or Content, and refuse all current or future orders of, use of, and/or access to, any Service, Service Website and/or Content, or suspend or terminate any portion thereof. Further, you agree that TSC RentalConnect/CommercialConnect will not be liable to you or any third party if TSC RentalConnect/CommercialConnect suspends or terminates your order of, use of, or access to any Service, Service Website or Content, or any portion thereof, for any reason.
You agree not to share your Username or password with third parties. You agree to promptly notify TSC RentalConnect/CommercialConnect at email@example.com of any unauthorized use of your account and any loss, theft or disclosure of your Username or password. Failure to comply with these requirements shall constitute a breach of this Agreement and shall constitute grounds for immediate termination of your account and the Service.
Upon agreeing to the Terms and Conditions, some consumers who order the Service will receive an email with a link to the TSC RentalConnect/CommercialConnect log-in page. Upon your registration with TSC RentalConnect/CommercialConnect or request for a Service, and periodically thereafter, you will be asked to authenticate your identity in a manner which includes but is not limited to credit report information, identifying information (e.g. name, address, social security number) that you provide and your responses to questions related to your credit report information.
You agree to receive email notifications, TSC RentalConnect/CommercialConnect blog postings and its monthly newsletter. At any time, you may opt out.
2. REPORT AND SCORE SERVICE
The Report and Score Service allows you to establish connections with third parties and authorize or request that they authorize the sharing of Tenant Screening Report. This Service will enable you as a Report Subject to (a) view your Tenant Screening Report ordered by you as a Report Subject, and (b) authorize and view your Tenant Screening Report viewed by End Users; or will enable you as an End User to view Tenant Screening Report about a Report Subject for which you have been authorized as an End User, for a limited time.
When instructed by Report Subject, Report Subject is authorizing TSC RentalConnect/CommercialConnect to provide Report Subject’s Tenant Screening Report to End Users with whom Report Subject has successfully connected for up to thirty days from the date of the Report Subject’s most recent order for Tenant Screening Report (“Request Time”). Each End User may access the Report Subject’s then current Tenant Screening Report and subsequently view a copy of the Report Subject’s Tenant Screening Report during the remaining Request Time associated with the applicable order for Tenant Screening Report unless the Report Subject terminates (deletes, cancels, removes or declines) an End User’s connection, access request or view capability. When an End User accesses the Report Subject’s Tenant Screening Report, a copy of the Report Subject’s Tenant Screening Report will be posted to the End User’s and Report Subject’s accounts, and an update will be made to the VantageScore credit score on the Report Subject’s dashboard. Report Subject acknowledges and agrees that TSC RentalConnect/CommercialConnect is not responsible for any actions or decisions made by any third parties with whom the Report Subject has agreed to share their Tenant Screening Report.
You may provide TSC RentalConnect/CommercialConnect with the email addresses of consumers with whom you wish to invite. TSC RentalConnect/CommercialConnect will send an invitation request to the email address provided by you which will include your name, email address and any text you provide. Your name and email address will be available to all third parties with whom you have or had a successful connection. You authorize TSC RentalConnect/CommercialConnect to share your name and email address as described herein and required by the Report and Score Service. You agree to refrain from using any unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable comments. You acknowledge and agree that TSC RentalConnect/CommercialConnect is not responsible for your or any third party’s comments in user generated messages that are transmitted by the Service.
3. REVIEW AND RECEIPT OF NOTICE TO USERS
By executing this Agreement, End User certifies that End User has read, understands and received a copy of the Summary of Rights Under the Fair Credit Reporting Act (16 C.F.R. Part 601, Appendix A) (see Attachment #1) and the Notice to Users of Consumer Reports: Obligations of Users Under the FCRA (see Attachment #2).
4. FCRA CERTIFICATIONS
Report Subject understands and certifies that Report Subject is providing “written instructions” to TSC RentalConnect/CommercialConnect in accordance with the Fair Credit Reporting Act, 15 U.S.C. §1681 et seq., as amended (“FCRA”) to access and use Report Subject’s credit report for (a) authenticating Report Subject’s identity, (b) providing Report Subject with a copy of Report Subject’s Tenant Screening Report, and (c) providing End Users with a copy of Report Subject’s Tenant Screening Report, upon Report Subject’s request or approval and for the duration of Report Subject’s use of the Service.
When requesting Tenant Screening Report as an End User, End User will request and use the Tenant Screening Report strictly in accordance with the Fair Credit Reporting Act. End User Certifies that End User’s Fair Credit Reporting Act, 15 U.S.C. §1681 et seq., permissible purpose is Section 604(a)(2). As instructed by the consumer in writing. For Tenant Screening Purposes at the written direction of the consumer to whom the report relates and no other purpose, and End User will not request, access or use the Tenant Screening Report on Report Subject for any other purpose.
END USER IS NOT AUTHORIZED TO REQUEST OR RECEIVE CONSUMER INFORMATION FOR ANY USE NOT OTHERWISE IDENTIFIED HEREIN, INCLUDING BUT NOT LIMITED TO CREDIT REPAIR, MARKETING AND EMPLOYMENT.
End User certifies that the use and related permissible purpose that End User designates will be accurate. End User certifies that for each written instruction of a consumer who is the subject of the Tenant Screening Report, such written instruction will expressly authorize End User to obtain the Tenant Screening Report and will contain at a minimum the consumer’s name, address, and signature. End User agrees to a limited one-time use of each consumer’s Tenant Screening Report.
End User acknowledges and agrees that TSC RentalConnect/CommercialConnect, at its sole discretion, may require that End User submit to an additional membership review. End User understands that End User’s access to the Service may be suspended until such time as the End User’s membership review is complete and approved by TSC RentalConnect/CommercialConnect.
END USER ACKNOWLEDGES THAT THE FCRA PROVIDES THAT ANY PERSON WHO KNOWINGLY AND WILLFULLY OBTAINS INFORMATION ON A CONSUMER FROM A CONSUMER REPORTING AGENCY UNDER FALSE PRETENSES SHALL BE FINED UNDER TITLE 18 OR IMPRISONED NOT MORE THAN TWO YEARS OR BOTH.
5. CALIFORNIA INVESTIGATIVE CONSUMER REPORTING AGENCIES ACT (ICRAA)
ICRAA regulates the use of “investigative consumer reports” (as defined by ICRAA CA Civ code 1786) for rental property decisions where the consumer is located in California or the rental property is located in California (as further defined by ICRAA) or the rental decision is made in California. End Users continued use of these reports constitutes your explicit agreement to comply with ICRAA, as well as your compliance with legal obligations under the agreement(s). Further, End User’s request of these reports constitutes an explicit certification that you agree to provide each consumer that is the subject of an investigative consumer report with the option to receive a free copy of his/her Background Screening Report and applicable and required disclosures under ICRAA if requested. If end user obtains a consumer report from TSC RentalConnect in connection with a consumer’s application for tenant screening and the consumer makes a timely request, End User may share the contents of that Background Screening Report with the consumer as long as it does so without charge and only after authenticating the consumer’s identity, or as otherwise required by ICRAA. California ICRAA Use: In addition to compliance with above, End User will comply with all obligations under ICRAA and TSC RentalConnect/CommercialConnect policies and requirements applicable to the services provided which may be revised from time to time.
6. POINT OF SALE CERTIFICATION
In compliance with Section 1785.14(a) of the California Civil Code, End User certifies to TSC RentalConnect/CommercialConnect that End User is NOT a retail seller, as defined in Section 1802.3 of the California Civil Code, and does NOT issue credit to consumers who appear in person on the basis of applications for credit submitted in person.
You acknowledge that the Tenant Screening Report and/or data provided by or received by you may include personal information pertaining to individual consumers, and requires that the parties treat such information responsibly and take reasonable steps to maintain appropriate confidentiality and to prevent unlawful dissemination or misuse. You agree that the Service and Tenant Screening Report shall only be used as expressly authorized in this Agreement. You agree that under no circumstances will you sell or otherwise disclose any Tenant Screening Report, or information contained in or derived from it, to any third party unless otherwise required by law.
8. COMPLIANCE WITH LAWS
You agree to and shall comply with all federal, state and local laws, rules, regulations and decisions applicable to your provision to TSC RentalConnect/CommercialConnect of data and your use of the Tenant Screening Report and Service provided under this Agreement.
There are no fees or other charges to create an account on the Service Website.
Fees are $34.95 (RCCE), $39.95 (RCCCE), $53.95 (RCCCEV), $85.00 (CC) or $95.00 (CCC) for each order Report Subject places for Report Subject’s Tenant Screening Report using the Service. Fees are subject to any applicable promotion for each Tenant Screening Report request. In certain jurisdictions sales or use tax at state and local rates may apply, in which case Report Subject may be charged the applicable taxes in addition to the fees for the Tenant Screening Report under the Report and Score Service.
Refunds will not be issued once we have successfully posted the Report Subject’s Tenant Screening Report to Report Subject’s account.
10. MODIFICATION OR TERMINATION OF SERVICE
TSC RentalConnect/CommercialConnect may, at its discretion, modify or discontinue any Service, the Service Website or Content, or any portion thereof, with or without notice. You agree that TSC RentalConnect/CommercialConnect will not be liable to you or any third party for any modification or discontinuance of any Service, the Service Website or Content.
11. UPDATED TERMS AND CONDITIONS
This Agreement may be updated from time to time. You should check the Service Website regularly for updates to these Terms and Conditions. Each time you order, access or use any Service, the Service Website, and/or Content, you signify your acceptance and agreement, without limitation or qualification, to be bound by the then current Agreement.
12. TERMINATION OF AGREEMENT
This Agreement may be terminated without cause by TSC RentalConnect/CommercialConnect at any time upon notice by email to you. The email address for notice will be the then current email address in your account profile.
13. NOTICE OF PROSECUTION
Access to and use of password protected and/or secure areas of the Service Website are restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Service Website may be subject to prosecution.
14. SECURITY MEASURES AND AUTHENTICATION
Because TSC RentalConnect/CommercialConnect uses security measures designed to protect your privacy and to safeguard your information, TSC RentalConnect/CommercialConnect may not always be able to successfully provide a Service to you. For example, when the system is unable to verify your identity, TSCI cannot offer a manual authentication process and will be unable to fulfill your order if you fail online authentication one or more times.
15. PERSONAL INFORMATION
16. REVIEW AND RECEIPT OF PRIVACY NOTICE
17. ON-LINE REQUIREMENTS
You must have an email address and a Java-compatible browser such as Internet Explorer 7.0 or higher, Firefox 3.6 or higher, Safari 3 or higher, Chrome 3 or higher, or Opera 10.5 or higher to receive your Service. You are agreeing to receive all notifications via email at the email address on file with TSC RentalConnect/CommercialConnect. To ensure receipt of all notifications, you are obligated to update the email address on file when your email address changes.
18. FCRA DISPUTES OF CREDIT REPORT INFORMATION
Accurate adverse information on Report Subject’s credit report cannot be changed. If Report Subject believes that the Report Subject’s consumer credit report contains inaccurate or fraudulent information, it is Report Subject’s responsibility to contact TSC RentalConnect/CommercialConnect to dispute information. Report Subject may request a consumer file disclosure at no charge within 60 days of ordering Report Subject’s Tenant Screening Report under the Report and Score Service, by contacting TSCI at firstname.lastname@example.org. In any other situation, Report Subject may contact TSCI at email@example.com or 800-523-2381 for assistance at any time, which may be subject to applicable fees.
The Report and Score Service utilizes the VantageScore credit score. The VantageScore credit score may or may not be used by Report Subject’s lenders, and is not an endorsement or guarantee of Report Subject’s 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 Report Subject’s lender.
Report Subject’s VantageScore credit score is calculated using Report Subject’s actual data from Report Subject’s credit file on the day that you request Report Subject’s report. 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 Report Subject. How each lender weighs their chosen factors may vary, but the exact formula used to calculate Report Subject’s 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 Report Subject’s credit files.
You agree to request VantageScore credit scores only for your use alone for the purposes stated in these Terms and Conditions 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.
VantageScore; is owned by VantageScore Solutions, LLC.
20. NOT A CREDIT REPAIR ORGANIZATION OR CONTRACT
TSC RentalConnect/CommercialConnect offers access to services including an abbreviated version of a Report Subject’s consumer credit report, or VantageScore credit score. TSC RentalConnect/CommercialConnect is not acting as a credit repair organization when providing Report Subject with the Service, and is not offering to sell, provide or perform any service to Report Subject for the express or implied purpose of either improving Report Subject’s credit record, credit history or credit rating or providing advice or assistance to Report Subject with regard to improving Report Subject’s credit record, credit history or credit rating. Report Subject acknowledges and agrees that Report Subject is not seeking to purchase, use, or access any of the Service, Service Website, and Content in order to do so.
21. NO WARRANTY BY TSC RENTALCONNECT/COMMERCIALCONNECT REPORT SUBJECT ACKNOWLEDGES THAT THE INFORMATION PROVIDED TO REPORT SUBJECT THROUGH THE SERVICE, AND THE REPORT SUBJECT’S TENANT SCREENING REPORT AND THE VANTAGE SCORE CREDIT SCORE, INCLUDING THE SCORE FACTORS DERIVED FROM THE ELEMENTS IN REPORT SUBJECT’S CREDIT REPORT, MAY CHANGE OVER TIME AS REPORT SUBJECT’S REPORT CHANGES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE, SERVICE WEBSITE AND CONTENT IS AT YOUR SOLE RISK. ALL SERVICE, SERVICE WEBSITE AND CONTENT ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. TSC RENTALCONNECT/COMMERCIALCONNECT AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, GUARANTEES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. THE INFORMATION CONTAINED IN THE SERVICE, SERVICE WEBSITE, CONTENT OR OTHER MATERIALS YOU MAY RECEIVE FROM TSC RENTALCONNECT/COMMERCIALCONNECT DO NOT CONSTITUTE LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. TSC RENTALCONNECT/COMMERCIALCONNECT MAKES NO WARRANTY THAT (I) THE SERVICE AND CONTENT ARE ACCURATE, TIMELY, UNINTERRUPTED OR ERROR-FREE; AND (II) ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR CONTENT WILL BE RELIABLE.
22. LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT TSC RENTALCONNECT/COMMERCIALCONNECT WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR ACCESS TO, USE OF, OR INABILITY TO USE ANY SERVICE, THE SERVICE WEBSITE OR CONTENT, EVEN IF TSCI HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS; FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW. IF, NOTWITHSTANDING THE ABOVE, LIABILITY IS IMPOSED UPON TSC RENTALCONNECT/COMMERCIALCONNECT, THEN YOU AGREE THAT TSC RENTALCONNECT/COMMERCIALCONNECT ‘S TOTAL LIABILITY TO YOU FOR ANY OR ALL OF YOUR LOSSES OR INJURIES FROM TSC RENTALCONNECT/COMMERCIALCONNECT ‘S ACTS OR OMISSIONS, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIM, SHALL NOT EXCEED THE MONETARY AMOUNT, IF ANY, PAID BY THE APPLICABLE REPORT SUBJECT.
23. CLAIMS BY BINDING ARBITRATION
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
MOST CUSTOMER CONCERNS CAN BE RESOLVED QUICKLY AND TO THE CUSTOMER’S SATISFACTION BY CONTACTING TSC RENTALCONNECT/COMMERCIALCONNECT AT INFO@TSCI.COM REGARDING THE SERVICE, SERVICE WEBSITE OR CONTENT. IN THE UNLIKELY EVENT THAT TSC RENTALCONNECT/COMMERCIALCONNECT IS UNABLE TO RESOLVE A COMPLAINT YOU MAY HAVE TO YOUR SATISFACTION (OR IF TSC RENTALCONNECT/COMMERCIALCONNECT HAS NOT BEEN ABLE TO RESOLVE A DISPUTE IT HAS WITH YOU AFTER ATTEMPTING TO DO SO INFORMALLY), WE EACH AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION. WE ALSO AGREE THAT ANY CONTROVERSY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR, NOT A COURT. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. HOWEVER, IN ARBITRATION, BOTH YOU AND TSC RENTALCONNECT/COMMERCIALCONNECT WOULD BE ENTITLED TO RECOVER ATTORNEYS’ FEES FROM THE OTHER PARTY TO THE SAME EXTENT AS YOU WOULD BE IN COURT.
(a.) TSC RentalConnect/CommercialConnect and you agree to arbitrate all disputes and claims between us, except any disputes or claims which under governing law are not subject to arbitration. This agreement to arbitrate is intended to be broadly interpreted and to make all disputes and claims subject to arbitration to the fullest extent permitted by law. It includes, but is not limited to:
claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising); claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of this Agreement.
We also agree that any controversy concerning whether a dispute or claim is arbitrable shall be determined by the arbitrator, not a court, including the scope, applicability, validity, enforceability, interpretation, or formation of this arbitration provision as well as the Agreement’s other terms and conditions, and any claim that all or any part of this arbitration provision or Agreement is void or voidable.
For purposes of this arbitration provision, references to ” TSC RentalConnect/CommercialConnect,” “you,” and “us” shall include our respective parent entities, subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, websites of the foregoing, as well as all authorized or unauthorized users or beneficiaries of services, products or information under this or prior Agreements between us.
Notwithstanding the foregoing, either party may bring an individual action in small claims court. You agree that, by entering into this Agreement, you and TSC RentalConnect/CommercialConnect are each waiving the right to a trial by jury and the right to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
(b) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to TSCI should be addressed to: TSCI, 6570 Oakmont Drive, Suite B, Santa Rosa, CA 95409 (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If TSC RentalConnect/CommercialConnect and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or TSC RentalConnect/CommercialConnect may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by TSC RentalConnect/CommercialConnect or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or TSC RentalConnect/CommercialConnect is entitled.
(c) The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator shall be bound by the terms of this Agreement. Unless TSCI and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Except as otherwise provided for herein, TSC RentalConnect/CommercialConnect will pay all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse TSC RentalConnect/CommercialConnect for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.
(d) The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding or in the final award, pursuant to applicable law and the AAA Rules.
(e) Discovery and/or the exchange of non-privileged information relevant to the dispute will be governed by the AAA Rules.
(f) YOU AND TSC RENTALCONNECT/COMMERCIALCONNECT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and TSC RENTALCONNECT/COMMERCIALCONNECT agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If this specific subparagraph (f) is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
24. DATA AND INTELLECTUAL PROPERTY OWNERSHIP
You acknowledge that TSC RentalConnect/CommercialConnect has expended substantial time, effort and funds to create and deliver the Service and compile its various databases. All data in TSC RentalConnect/CommercialConnect ‘s databases and any other intellectual property that are part of the Service are and will continue to be TSCI’s exclusive property. Nothing contained in this Agreement shall be deemed to convey to you or to any other party any ownership interest in or to intellectual property or data provided in connection with the Service.
You acknowledge and agree that the name Tenant Screening Center, Inc., the TSCI and TSC RentalConnect/CommercialConnect Logo, and other terms, phrases, graphics, logos, and icons are common law or registered trademarks, service marks, and/or trade dress of TSC RentalConnect/CommercialConnect (collectively “Marks”). You agree you will not use any such Content or Marks for any purpose without the appropriate prior written authorization. TSC RentalConnect/CommercialConnect ‘s Marks may not be used in connection with any product or service that is not TSC RentalConnect/CommercialConnect ‘s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TSC RentalConnect/CommercialConnect. VantageScore is owned by VantageScore Solutions, LLC. All other trademarks, names, or logos not owned by TSC RentalConnect/CommercialConnect that appear on this Service Website are the property of their respective owners.
All Content included on this Service Website, such as text, graphics, logos, button items, icons, images, data compilation, is the property of TSC RentalConnect/CommercialConnect or its suppliers and is protected by United States and international copyrights laws. All software used on this site is the property of TSC RentalConnect/CommercialConnect or its software suppliers and is protected by United States and international copyright laws. Reproduction of such content, in whole or in part, is prohibited without prior consent.
No failure on the part of either party to enforce any covenant, agreement, or condition of this Agreement shall operate as a discharge of such covenant, agreement, or condition, or render the same invalid, or impair the right of either party to enforce the same in the event of any subsequent breach by the other party.
TSC RentalConnect/CommercialConnect will have the right to audit your use of the Service to assure compliance with the terms of this Agreement. You will be responsible for assuring full cooperation with TSC RentalConnect/CommercialConnect in connection with such audits and will provide TSC RentalConnect/CommercialConnect access to such properties and records as TSC RentalConnect/CommercialConnect may reasonably require for such purpose.
You acknowledge and agree that TSC RentalConnect/CommercialConnect may assign or transfer its rights and obligations under this Agreement to any third party. Any assignment or transfer shall not entitle you to any change in terms or refunds.
30. GOVERNING LAW
The interpretation and enforcement of the arbitration provision contained in Section 22 of this Agreement is governed by the Federal Arbitration Act. This Agreement shall otherwise be governed by, construed and enforced in accordance with the laws of the State of California without giving effect to any principles of conflicts of law.
This Agreement shall be deemed to be severable and, if any provision is determined to be void or unenforceable, then that provision will be deemed severed and the remainder of the Agreement will remain in effect. The foregoing does not apply to Section 22(f) of this Agreement; if Section 22(f), or any portion thereof, is found to be unenforceable, the arbitration clause (but only the arbitration clause) shall be null and void.
31. FORCE MAJEURE
TSC RentalConnect/CommercialConnect shall not be liable by reason of any failure or delay in the performance of its obligations hereunder due to any reason beyond its reasonable control.
32. ENTIRE AGREEMENT
BY CLICKING THE “I AGREE” BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREED TO THE TERMS OF THIS AGREEMENT, INCLUDING THE ARBITRATION PROVISION CONTAINED IN SECTION 22 ENTITLED “CLAIMS BY BINDING ARBITRATION,” AND CONSENT TO THIS BINDING ELECTRONIC TRANSACTION. YOU FURTHER AGREE THAT YOUR ELECTRONIC SIGNATURE IS EFFECTIVE AND YOU WILL NOT CONTEST THE LEGALLY BINDING NATURE, VALIDITY OR ENFORCEABILITY OF THIS AGREEMENT, INCLUDING THE ARBITRATION PROVISION CONTAINED IN SECTION 22, BASED ON THE FACT THAT THE TERMS WERE ACCEPTED ELECTRONICALLY. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU MAY RECEIVE RELATED NOTICES AND OTHER SERVICES ELECTRONICALLY THROUGHOUT YOUR ENTIRE COURSE OF PARTICIPATION IN THE SERVICE.
This Agreement and any related transactions entered into electronically will be deemed to be “in writing” and to have been “signed” by you with the same effect as a manual signature (and any electronic record of such Agreement entered into online will be deemed to be “in writing.”)
Summary of Rights (16 C.F.R. Part 601, Appendix A)
Para información en español, visite www.consumerfinance.gov/learnmore o escribe a la Consumer Financial Protection Bureau, 1700 G Street N.W., Washington, DC 20552.
A Summary of Your Rights Under the Fair Credit Reporting Act
The federal Fair Credit Reporting Act (FCRA) promotes the accuracy, fairness, and privacy of information in the files of consumer reporting agencies. There are many types of consumer reporting agencies, including credit bureaus and specialty agencies (such as agencies that sell information about check writing histories, medical records, and rental history records). Here is a summary of your major rights under FCRA. For more information, including information about additional rights, go to www.consumerfinance.gov/learnmore or write to: Consumer Financial Protection Bureau, 1700 G Street N.W., Washington, DC 20552.
· You must be told if information in your file has been used against you. Anyone who uses a credit report or another type of consumer report to deny your application for credit, insurance, or employment – or to take another adverse action against you – must tell you, and must give you the name, address, and phone number of the agency that provided the information.
· You have the right to know what is in your file. You may request and obtain all the information about you in the files of a consumer reporting agency (your “file disclosure”). You will be required to provide proper identification, which may include your Social Security number. In many cases, the disclosure will be free. · You are entitled to a free file disclosure if:
- a person has taken adverse action against you because of information in your credit report;
- you are the victim of identity theft and place a fraud alert in your file;
- your file contains inaccurate information as a result of fraud;
- you are on public assistance;
- you are unemployed but expect to apply for employment within 60 days.
In addition, all consumers are entitled to one free disclosure every 12 months upon request from each nationwide credit bureau and from nationwide specialty consumer reporting agencies. See www.consumerfinance.gov/learnmore for additional information.
· You have the right to ask for a credit score. Credit scores are numerical summaries of your credit-worthiness based on information from credit bureaus. You may request a credit score from consumer reporting agencies that create scores or distribute scores used in residential real property loans, but you will have to pay for it. In some mortgage transactions, you will receive credit score information for free from the mortgage lender.
· You have the right to dispute incomplete or inaccurate information. If you identify information in your file that is incomplete or inaccurate, and report it to the consumer reporting agency, the agency must investigate unless your dispute is frivolous. See www.consumerfinance.gov/learnmore for an explanation of dispute procedures.
· Consumer reporting agencies must correct or delete inaccurate, incomplete, or unverifiable information. Inaccurate, incomplete, or unverifiable information must be removed or corrected, usually within 30 days. However, a consumer reporting agency may continue to report information it has verified as accurate.
· Consumer reporting agencies may not report outdated negative information. In most cases, a consumer reporting agency may not report negative information that is more than seven years old, or bankruptcies that are more than 10 years old.
· Access to your file is limited. A consumer reporting agency may provide information about you only to people with a valid need — usually to consider an application with a creditor, insurer, employer, landlord, or other business. The FCRA specifies those with a valid need for access.
· You must give your consent for reports to be provided to employers. A consumer reporting agency may not give out information about you to your employer, or a potential employer, without your written consent given to the employer. Written consent generally is not required in the trucking industry. For more information, go to www.consumerfinance.gov/learnmore.
· You may limit “prescreened” offers of credit and insurance you get based on information in your credit report. Unsolicited “prescreened” offers for credit and insurance must include a toll-free phone number you can call if you choose to remove your name and address form the lists these offers are based on. You may opt out with the nationwide credit bureaus at 1-888-5-OPTOUT (1-888-567-8688).
· The following FCRA right applies with respect to nationwide consumer reporting agencies:
Consumers Have the Right To Obtain a Security Freeze
You have a right to place a “security freeze” on your credit report, which will prohibit a consumer reporting agency from releasing information in your credit report without your express authorization. The security freeze is designed to prevent credit, loans, and services from being approved in your name without your consent. However, you should be aware that using a security freeze to take control over who gets access to the personal and financial information in your credit report may delay, interfere with, or prohibit the timely approval of any subsequent request or application you make regarding a new loan, credit, mortgage, or any other account involving the extension of credit.
As an alternative to a security freeze, you have the right to place an initial or extended fraud alert on your credit file at no cost. An initial fraud alert is a 1-year alert that is placed on a consumer’s credit file. Upon seeing a fraud alert display on a consumer’s credit file, a business is required to take steps to verify the consumer’s identity before extending new credit. If you are a victim of identity theft, you are entitled to an extended fraud alert, which is a fraud alert lasting 7 years.
A security freeze does not apply to a person or entity, or its affiliates, or collection agencies acting on behalf of the person or entity, with which you have an existing account that requests information in your credit report for the purposes of reviewing or collecting the account. Reviewing the account includes activities related to account maintenance, monitoring, credit line increases, and account upgrades and enhancements.
· You may seek damages from violators. If a consumer reporting agency, or, in some cases, a user of consumer reports or a furnisher of information to a consumer reporting agency violates the FCRA, you may be able to sue in state or federal court.
· Identity theft victims and active duty military personnel have additional rights. For more information, visit www.consumerfinance.gov/learnmore.
States may enforce the FCRA, and many states have their own consumer reporting laws. In some cases, you may have more rights under state law. For more information, contact your state or local consumer protection agency or your state Attorney General. For information about your federal rights, contact:
|TYPE OF BUSINESS:||CONTACT:|
|1.a. Banks, savings associations, and credit unions with total assets of over $10 billion and their affiliates||a. Consumer Financial Protection Bureau|
1700 G Street, N.W.
Washington, DC 20552
|b. Such affiliates that are not banks, savings associations, or credit unions also should list, in addition to the CFPB:||b. Federal Trade Commission|
Consumer Response Center
600 Pennsylvania Avenue, N.W.
Washington, DC 20580
|2. To the extent not included in item 1 above:|
a. National banks, federal savings associations, and federal branches and federal agencies of foreign banks
|a. Office of the Comptroller of the Currency|
Customer Assistance Group
1301 McKinney Street, Suite 3450
Houston, TX 77010-9050
|b. State member banks, branches and agencies of foreign banks (other than federal branches, federal agencies, and Insured State Branches of Foreign Banks), commercial lending companies owned or controlled by foreign banks, and organizations operating under section 25 or 25A of the Federal Reserve Act.||b. Federal Reserve Consumer Help Center|
P.O. Box. 1200
Minneapolis, MN 55480
|c. Nonmember Insured Banks, Insured State Branches of Foreign Banks, and insured state savings associations||c. FDIC Consumer Response Center|
1100 Walnut Street, Box #11
Kansas City, MO 64106
|d. Federal Credit Unions||d. National Credit Union Administration|
Office of Consumer Financial Protection (OCFP)
Division of Consumer Compliance Policy and Outreach
1775 Duke Street
Alexandria, VA 22314
|3. Air carriers||Asst. General Counsel for Aviation Enforcement & Proceedings|
Aviation Consumer Protection Division
Department of Transportation
1200 New Jersey Avenue, S.E.
Washington, DC 20590
|4. Creditors Subject to the Surface Transportation Board||Office of Proceedings, Surface Transportation Board|
Department of Transportation
395 E Street, S.W.
Washington, DC 20423
|5. Creditors Subject to the Packers and Stockyards Act, 1921||Nearest Packers and Stockyards Administration area supervisor|
|6. Small Business Investment Companies||Associate Deputy Administrator for Capital Access|
United States Small Business Administration
409 Third Street, S.W., Suite 8200
Washington, DC 20416
|7. Brokers and Dealers||Securities and Exchange Commission|
100 F Street, N.E.
Washington, DC 20549
|8. Federal Land Banks, Federal Land Bank Associations, Federal Intermediate Credit Banks, and Production Credit Associations||Farm Credit Administration|
1501 Farm Credit Drive
McLean, VA 22102-5090
|9. Retailers, Finance Companies, and All Other Creditors Not Listed Above||Federal Trade Commission|
Consumer Response Center
600 Pennsylvania Avenue, N.W.
Washington, DC 20580
Notice to Users of Consumer Reports (16 C.F.R. Part 601, Appendix C)
NOTICE TO USERS OF INFORMATION: OBLIGATIONS OF USERS UNDER THE FCRA
All users of consumer reports must comply with all applicable regulations. Information about applicable regulations currently in effect can be found at the Consumer Financial Protection Bureau’s website, www.consumerfinance.gov/learnmore.
NOTICE TO USERS OF CONSUMER REPORTS: OBLIGATIONS OF USERS UNDER THE FCRA
The Fair Credit Reporting Act (FCRA), 15 U.S.C. §1681-1681y, requires that this notice be provided to inform users of consumer reports of their legal obligations. State law may impose additional requirements. The text of the FCRA is set forth in full at the Consumer Financial Protection Bureau’s (CFPB) website at www.consumerfinance.gov/learnmore. At the end of this document is a list of United States Code citations for the FCRA. Other information about user duties is also available at the Bureau’s website. Users must consult the relevant provisions of the FCRA for details about their obligations under the FCRA.
The first section of this summary sets forth the responsibilities imposed by the FCRA on all users of consumer reports. The subsequent sections discuss the duties of users of reports that contain specific types of information, or that are used for certain purposes, and the legal consequences of violations. If you are a furnisher of information to a consumer reporting agency (CRA), you have additional obligations and will receive a separate notice from the CRA describing your duties as a furnisher.
I. Obligations of All Users of Consumer Reports
A. Users Must Have a Permissible Purpose
Congress has limited the use of consumer reports to protect consumers’ privacy. All users must have a permissible purpose under the FCRA to obtain a consumer report. Section 604 contains a list of the permissible purposes under the law. These are:
• As ordered by a court or federal grand jury subpoena. Section 604(a)(1)
• As instructed by the consumer in writing. Section 604(a)(2)
• For the extension of credit as a result of an application from a consumer, or the review or collection of a consumer’s account. Section 604(a)(3)(A)
• For employment purposes, including hiring and promotion decisions, where the consumer has given written permission. Section 604(a)(3)(B) and 604(b)
• For the underwriting of insurance as a result of an application from a consumer. Section 604(a)(3)(C)
• When there is a legitimate business need, in connection with a business transaction that is initiated by the consumer. Section 604(a)(3)(F)(i)
• To review a consumer’s account to determine whether the consumer continues to meet the terms of the account. Section 604(a)(3)(F)(ii)
• To determine a consumer’s eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant’s financial responsibility or status. Section 604(a)(3)(D)
• For use by a potential investor or servicer, or current insurer, in a valuation or assessment of the credit or prepayment risks associated with an existing credit obligation. Section 604(a)(3)(E)
• For use by state or local officials in connection with the determination of child support payments, or modifications and enforcement thereof. Sections 604(a)(4) and 604(a)(5).
In addition, creditors and insurers may obtain certain consumer report information for the purpose of making “prescreened” unsolicited offers of credit or insurance. Section 604(c). The particular obligations of users of “prescreened” information are described in Section VII below.
B. Users Must Provide Certifications
Section 604(f) prohibits any person from obtaining a consumer report from a consumer reporting agency (CRA) unless the person has certified to the CRA the permissible purpose(s) for which the report is being obtained and certifies that the report will not be used for any other purpose.
C. Users Must Notify Consumers When Adverse Actions Are Taken
The term “adverse action” is defined very broadly by Section 603. “Adverse actions” include all business, credit, and employment actions affecting consumers that can be considered to have a negative impact as defined by Section 603(k) of the FCRA – such as denying or canceling credit or insurance, or denying employment or promotion. No adverse action occurs in a credit transaction where the creditor makes a counteroffer that is accepted by the consumer.
- 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.
- A statement setting forth the consumer’s right to dispute directly with the CRA the accuracy or completeness of any information provided by the CRA.
- Adverse Actions Based on Information Obtained from Third Parties Who Are Not Consumer Reporting Agencies
- If a person denies (or increases the charge for) credit for personal, family, or household purposes based either wholly or partly upon information from a person other than a CRA, and the information is the type of consumer information covered by the FCRA, Section 615(b)(1) requires that the user clearly and accurately disclose to the consumer his or her right to be told the nature of the information that was relied upon if the consumer makes a written request within 60 days of notification. The user must provide the disclosure within a reasonable period of time following the consumer’s written request.
- Adverse Actions Based on Information Obtained From Affiliates
- If a person takes an adverse action involving insurance, employment, or a credit transaction initiated by the consumer, based on information of the type covered by the FCRA, and this information was obtained from an entity affiliated with the user of the information by common ownership or control, Section 615(b)(2) requires the user to notify the consumer of the adverse action. The notice must inform the consumer that he or she may obtain a disclosure of the nature of the information relied upon by making a written request within 60 days of receiving the adverse action notice. If the consumer makes such a request, the user must disclose the nature of the information not later than 30 days after receiving the request. If transunion.com Page 3 of 6 consumer report information is shared among affiliates and then used for an adverse action, the user must make an adverse action disclosure set forth in I.C.1 above.
D. Users Have Obligations When Fraud and Active Duty Military Alerts are in Files
When a consumer has placed a fraud alert, including one relating to identity theft, or an active duty military alert with a nationwide consumer reporting agency as defined in Section 603(p) and resellers, Section 605A(h) imposes limitations on users of reports obtained from the consumer reporting agency in certain circumstances, including the establishment of a new credit plan and the issuance of additional credit cards. For initial fraud alerts and active duty alerts, the user must have reasonable policies and procedures in place to form a belief that the user knows the identity of the applicant or contact the consumer at a telephone number specified by the consumer; in the case of extended fraud alerts, the user must contact the consumer in accordance with the contact information provided in the consumer’s alert.
E. Users Have Obligations When Notified of an Address Discrepancy
Section 605(h) requires nationwide CRAs, as defined in Section 603(p), to notify users that request reports when the address for a consumer provided by the user in requesting the report is substantially different from the addresses in the consumer’s file. When this occurs, users must comply with regulations specifying the procedures to be followed. Federal regulations are available at www.consumerfinance.gov/learnmore.
F. Users Have Obligations When Disposing of Records
Section 628 requires that all users of consumer report information have in place procedures to properly dispose of records containing this information. Federal regulations have been issued that cover disposal.
II. Creditors Must Make Additional Disclosures
If a person uses a consumer report in connection with an application for, or a grant, extension, or provision of, credit to a consumer on material terms that are materially less favorable than the most favorable terms available to a substantial proportion of consumers from or through that person, based in whole or in part on a consumer report, the person must provide a risk-based pricing notice to the consumer in accordance with regulations prescribed by the Consumer Financial Protection Bureau.
Section 609(g) requires a disclosure by all persons that make or arrange loans secured by residential real property (one to four units) and that use credit scores. These persons must provide credit scores and other information about credit scores to applicants, including the disclosure set forth in Section 609(g)(1)(D) (“Notice to the Home Loan Applicant”).
III. Obligations Of Users When Consumer Reports Are Obtained For Employment Purposes
A. Employment Other Than in the Trucking Industry
If information from a CRA is used for employment purposes, the user has specific duties, which are set forth in Section 604(b) of the FCRA. The user must:
• Make a clear and conspicuous written disclosure to the consumer before the report is obtained, in a document that consists solely of the disclosure, that a consumer report may be obtained
• Obtain from the consumer prior written authorization. Authorization to access reports during the term of employment may be obtained at the time of employment
• Certify to the CRA that the above steps have been followed, that the information being obtained will not be used in violation of any federal or state equal opportunity law or regulation, and that, if any adverse action is to be taken based on the consumer report, a copy of the report and a summary of the consumer’s rights will be provided to the consumer.
• Before taking an adverse action, the user must provide a copy of the report to the consumer as well as the summary of the consumer’s rights. (The user should receive this summary from the CRA.). A Section 615(a) adverse action notice should be sent after the adverse action is taken.
An adverse action notice also is required in employment situations if credit information (other than transactions and experience data) obtained from an affiliate is used to deny employment. Section 615(b)(2).
The procedures for investigative consumer reports and employee misconduct investigations are set forth below.
B. Employment in the Trucking Industry
Special rules apply for truck drivers where the only interaction between the consumer and the potential employer is by mail, telephone, or computer. In this case, the consumer may provide consent orally or electronically, and an adverse action may be made orally, in writing, or electronically. The consumer may obtain a copy of any report relied upon by the trucking company by contacting the company.
IV. Obligations When Investigative Consumer Reports Are Used
Investigative consumer reports are a special type of consumer report in which information about a consumer’s character, general reputation, personal characteristics, and mode of living is obtained through personal interviews by an entity or person that is a consumer reporting agency. Consumers who are the subject of such reports are given special rights under the FCRA. If a user intends to obtain an investigative consumer report, Section 606 requires the following:
• The user must disclose to the consumer that an investigative consumer report may be obtained. This must be done in a written disclosure that is mailed, or otherwise delivered, to the consumer at some time before or not later than three days after the date on which the report was first requested. The disclosure must include a statement informing the consumer of his or her right to request additional disclosures of the nature and scope of the investigation as described below, and the summary of consumer rights required by Section 609 of the FCRA. (The summary of consumer rights will be provided by the CRA that conducts the investigation.)
• The user must certify to the CRA that the disclosures set forth above have been made and that the user will make the disclosure below.
• Upon written request of a consumer made within a reasonable period of time after the disclosures required above, the user must make a complete disclosure of the nature and scope of the investigation. This must be made in a written statement that is mailed, or otherwise delivered, to the consumer no later than five days after the date on which the request was received from the consumer or the report was first requested, whichever is later in time.
V. Special Procedures for Employee Investigations
Section 603(x) provides special procedures for investigations of suspected misconduct by an employee or for compliance with Federal, state or local laws and regulations or the rules of a selfregulatory organization, and compliance with written policies of the employer. These investigations are not treated as consumer reports so long as the employer or its agent complies with the procedures set forth in Section 603(x), and a summary describing the nature and scope of the inquiry is made to the employee if an adverse action is taken based on the investigation.
VI. Obligations Of Users Of Medical Information
Section 604(g) limits the use of medical information obtained from consumer reporting agencies (other than payment information that appears in a coded form that does not identify the medical provider). If the information is to be used for an insurance transaction, the consumer must give consent to the user of the report or the information must be coded. If the report is to be used for employment purposes – or in connection with a credit transaction (except as provided in federal regulations) – the consumer must provide specific written consent and the medical information must be relevant. Any user who receives medical information shall not disclose the information to any transunion.com Page 5 of 6 other person (except where necessary to carry out the purpose for which the information was disclosed, or as permitted by statute, regulation, or order).
VII. Obligations Of Users Of “Prescreened” Lists
The FCRA permits creditors and insurers to obtain limited consumer report information for use in connection with unsolicited offers of credit or insurance under certain circumstances. Section 603(l), 604(c), 604(e), and 615(d). This practice is known as “prescreening” and typically involves obtaining from a CRA a list of consumers who meet certain pre-established criteria. If any person intends to use prescreened lists, that person must (1) before the offer is made, establish the criteria that will be relied upon to make the offer and to grant credit or insurance, and (2) maintain such criteria on file for a 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 offer.
• Credit or insurance may not be extended if, after the consumer responds, it is determined that the consumer does not meet the criteria used for screening or any applicable criteria bearing on credit worthiness or insurability, or the consumer does not furnish required collateral.
• The consumer may prohibit the use of information in his or her file in connection with future prescreened offers of credit or insurance by contacting the notification system established by the CRA that provided the report. This statement must include the address and the toll-free telephone number of the appropriate notification system.
In addition, once the CFPB has established the format, type size, and manner of the disclosure required by Section 615(d), with which users must comply. The relevant regulation is 12 CFR 1022.54.
VIII. Obligations of Resellers
A. Disclosure and Certification Requirements
Section 607(e) requires any person who obtains a consumer report for resale to take the following steps:
• Disclose the identity of the end-user to the source CRA.
• Identify to the source CRA each permissible purpose for which the report will be furnished to the end-user.
• Establish and follow reasonable procedures to ensure that reports are resold only for permissible purposes, including procedures to obtain:
1) the identity of all end-users;
2) certifications from all users of each purposes for which reports will be used; and
3) certifications that reports will not be used for any purpose other than the purpose(s) specified to the reseller. Resellers must make reasonable efforts to verify this information before selling the report.
B. Reinvestigations by Resellers
Under Section 611(f), if a consumer disputes the accuracy or completeness of information in a report prepared by a reseller, the reseller must determine whether this is a result of an action or omission on its part and, if so, correct or delete the information. If not, the reseller must send the dispute to the source CRA for reinvestigation. When any CRA notifies the reseller of the results of an investigation, the reseller must immediately convey the information to the consumer.
C. Fraud Alerts and Resellers
Section 605A(f) requires resellers who receive fraud alerts or active duty alerts from another consumer reporting agency to include these in their reports.
IX. Liability For Violations Of The FCRA
Failure to comply with the FCRA can result in state government or federal government enforcement actions, as well as private lawsuits. Sections 616, 617, and 621. In addition, any person who knowingly and willfully obtains a consumer report under false pretenses may face criminal prosecution. Section 619.
The CFPB’s website, www.consumerfinance.gov/learnmore , has more information about the FCRA, including publications for businesses and the full text of the FCRA.
Citations for the FCRA sections in the U.S. Code, 15 U.S.C.§ 1681 et seq.:
Section 602 15 U.S.C. 1681
Section 603 15 U.S.C. 1681a
Section 604 15 U.S.C. 1681b
Section 605 15 U.S.C. 1681c
Section 605A 15 U.S.C. 1681cA
Section 605B 15 U.S.C. 1681cB
Section 606 15 U.S.C. 1681d
Section 607 15 U.S.C. 1681e
Section 608 15 U.S.C. 1681f
Section 609 15 U.S.C. 1681g
Section 610 15 U.S.C. 1681h
Section 611 15 U.S.C. 1681i
Section 612 15 U.S.C. 1681j
Section 613 15 U.S.C. 1681k
Section 614 15 U.S.C. 1681l
Section 615 15 U.S.C. 1681m
Section 616 15 U.S.C. 1681n
Section 617 15 U.S.C. 1681o
Section 618 15 U.S.C. 1681p
Section 619 15 U.S.C. 1681q
Section 620 15 U.S.C. 1681r
Section 621 15 U.S.C. 1681s
Section 622 15 U.S.C. 1681s-1
Section 623 15 U.S.C. 1681s-2
Section 624 15 U.S.C. 1681t
Section 625 15 U.S.C. 1681u
Section 626 15 U.S.C. 1681v
Section 627 15 U.S.C. 1681w
Section 628 15 U.S.C. 1681x
Section 629 15 U.S.C. 1681y
Personal identification information
Tenant Screening Center, Inc. (TSCI) may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, credit card information, and social security number. TSCI will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
Non-personal identification information
TSCI may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
California Residence Notice
Under California law (Civil Code § 1786.10-1786.40), an “investigative consumer report” is a consumer report containing information on a consumer’s character, general reputation, personal characteristics or mode of living. Under California law, TSCI compiles “investigative consumer reports” about individuals and provides them to owner landlords and real estate agents for residential and commercial tenant screening purposes, including whether to rent or lease residential or commercial property.
Personal Information Disclosure United States or Overseas
In connection with our preparation and processing of “investigative consumer reports” under California law, we are required to advise you whether personal information about you is transferred to authorized service providers and affiliates outside the United States and its territories. TSCI does not transfer personal information about you outside the United States and its territories.
TSCI investigative consumer reports are designed to comply with the requirements of the requirements of the California Investigative Consumer Reporting Agencies Act (Cal. Civ. Code §1786.10 et. seq.) and the federal Fair Credit Reporting Act (15 U.S.C. § 1681 et. seq.). TSCI, for example, maintains policies and procedures designed to limit the purposes for, and circumstances under which, we furnish investigative consumer reports. TSCI maintains reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. TSCI provides individuals with the ability to request, upon proper identification, access to information we hold about them in our investigative consumer reporting files. TSCI conducts reinvestigations of the accuracy and completeness of information at the individual’s request. TSCI also has implemented administrative, technical and physical safeguards designed to protect the information that TSCI in our investigative consumer reporting files.
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How we use collected information
TSCI may collect and use Users personal information for the following purposes:
- To personalize user experience – We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
- To process payments – We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
- To send periodic emails – TSCI may use the email address to respond to their inquiries, questions, and/or other requests.
How we protect your information
TSCI adopts appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site. Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.
Sharing your personal information
TSCI does not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.
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Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies.
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By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
Tenant Screening Center, Inc.
6570 Oakmont Drive, Suite 100 A
Santa Rosa, CA 95409
A Summary of Your Rights
Under California Civil Code 1786.22
(a) An investigative consumer reporting agency shall supply files and information required under Section 1786.10 during
normal business hours and on reasonable notice.
(b) Files maintained on a consumer shall be made available for the consumer’s visual inspection, as follows:
- In person, if he appears in person and furnishes proper identification. A copy of his file shall also be available to
the consumer for a fee not to exceed the actual costs of duplication services provided.
- By certified mail, if he makes a written request, with proper identification, for copies to be sent to a specified
addressee. Investigative consumer reporting agencies complying with requests for certified mailings under this
section shall not be liable for disclosures to third parties caused by mishandling of mail after such mailings leave
the investigative consumer reporting agencies.
- A summary of all information contained in files on a consumer and required to be provided by Section 1786.10
shall be provided by telephone, if the consumer has made a written request, with proper identification for
telephone disclosure, and the toll charge, if any, for the telephone call is prepaid by or charged directly to the consumer.
(c) The term “proper identification” as used in subdivision (b) shall mean that information generally deemed sufficient to
identify a person. Such information includes documents such as a valid driver’s license, social security account number,
military identification card, and credit cards. Only if the consumer is unable to reasonably identify himself with the
information described above, may an investigative consumer reporting agency require additional information concerning
the consumer’s employment and personal or family history in order to verify his identity.
(d) The investigative consumer reporting agency shall provide trained personnel to explain to the consumer any
information furnished him pursuant to Section 1786.10.
(e) The investigative consumer reporting agency shall provide a written explanation of any coded information contained in
files maintained on a consumer. This written explanation shall be distributed whenever a file is provided to a consumer for
visual inspection as required under Section 1786.22.
(f) The consumer shall be permitted to be accompanied by one other person of his choosing, who shall furnish reasonable
identification. An investigative consumer reporting agency may require the consumer to furnish a written statement
granting permission to the consumer reporting agency to discuss the consumer’s file in such person’s presence.
Resumen de sus Derechos bajo el
Código Civil 1786.22 En California
(A) Una agencia de reporte del consumidor investigativo deberá proporcionar los archivos y la
información requerida bajo la Sección 1786.10 durante el horario normal y con un preaviso
(B) Archivos mantenidos sobre un consumidor deberá estar disponible para la inspección visual
del consumidor, de la siguiente manera:
- Personalmente, si aparece en persona y proporciona una identificación apropiada. Una copia
de su expediente estará también a disposición del consumidor por un precio no superior a los
costos actuales de servicios proveídos para duplicación.
- Por correo certificado, si se hace una solicitud por escrito, con identificación propia, para las
copias que se enviarán a un destino especifico. Las agencias de reporte del consumidor
investigativo que cumplan con las solicitudes de envíos certificados bajo esta sección no serán
responsables por la divulgación a terceros que resulten por mal manejo de dichos correos
después de dejar las agencias de investigación del consumidor.
- Un resumen de toda la información contenida en los archivos de un consumidor y requiere que
se facilite bajo la Sección 1786.10 se facilitará por teléfono, si es que el consumidor hizo una
solicitud por escrito con la identificación apropiada para obtener dicha información por medio
telefónico, y en caso de que el consumidor llame por teléfono por cobrar a la agencia de informes
del consumidor investigativas, los cargos serán transmitidos directamente al consumidor.
(C) El término “identificación adecuada” tal como se utiliza en la subdivisión (b), se entenderá
que la información generalmente se considera suficiente para identificar a una persona. Dicha
información incluye documentos tales como licencia de conducir válida, su número de seguro
social, tarjeta de identificación militar, y las tarjetas de crédito. Sólo si el consumidor no puede
identificarse razonablemente con la información descrita anteriormente, puede una agencia de
reporte del consumidor investigativo requerir información adicional sobre el empleo del
consumidor y de la historia personal o familiar con el fin de verificar su identidad.
(D) La agencia de reporte del consumidor investigativo deberá proporcionar personal capacitado
para explicar al consumidor toda la información proporcionada al consumidor conforme a la
(E) La agencia de reporte del consumidor investigativo deberá presentar una explicación por
escrito de cualquier información codificada contenida en los archivos mantenidos en un
consumidor. Esta explicación escrita se distribuye cada vez que un archivo se proporciona a un
consumidor por inspección visual como se requiere bajo la Sección 1786,22.
(F) El consumidor se le permitirá ir acompañado de otra persona de su elección, que deberá
presentar una identificación razonable. Una agencia de informes del consumidor de investigación
puede requerir que el consumidor presente una declaración por escrito dando permiso a la
agencia de informes del consumidor para discutir el expediente del consumidor en presencia de
I understand that signing and clicking on the button below constitutes my electronic signature, dated as of when I click on the button, and that by doing so I certify:
- I am either an End User who is a landlord who owns, real estate agent who commercially manages, or the Report Subject who is the rental applicant applying to rent the real property being rented/leased.
- I have read, understand, and have received the Notice to Users of Consumer Reports required under the FCRA. I will comply with all federal, state, and local statutes, regulations, and rules applicable to it, including without limitation, the FCRA.
- I have read, understand, and have received A Summary of Your Rights Under the Fair Credit Reporting Act.
- I have read, understand, and have received in both English and Spanish A Summary of Your Rights Under California Civil Code 1786.22.
- I will request or use the credit information for the sole purpose of tenant screening. Any other use, including without limitation, any purpose prohibited by law, is forbidden.
- I will not resell or otherwise provide or transfer the credit information in whole or in part to any other person or entity.
- I have read, understand, agree to, and have received the TSC RentalConnect/CommercialConnect Terms and Conditions above.