Terms & Privacy Policy

Updated and has an Effective Date of January 17th, 2025

Who we are

Intellirent is committed to respecting your online privacy and has created this Privacy Policy to demonstrate our commitment to the protection of your personal information. 

PLEASE READ THIS ENTIRE DOCUMENT ("AGREEMENT"). BY ACCESSING OR USING THE INTELLIRENT WEB SITE (www.myintellirent.com AND VARIANTS THEREOF), MOBILE APPLICATION, AND/OR INTELLIRENT SERVICES INCLUDING BUT NOT LIMITED TO ITS INTELLIRENT PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL OTHER POLICIES AND AGREEMENTS INCORPORATED BY REFERENCE. YOU FURTHER ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL CONSENTS AND DISCLOSURES THAT MAY BE SET FORTH IN THE REGISTRATION PROCESS (AND HEREBY INCORPORATED HEREIN BY THIS REFERENCE). IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE OR ANY INTELLIRENT SERVICES.

1. Terms

By accessing the website at https://www.myintellirent.com you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

2. Use License

Permission is granted to temporarily download one copy of the materials (information or software) on Intellirent Solutions, Inc.'s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • modify or copy the materials;

  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

  • attempt to decompile or reverse engineer any software contained on Intellirent Solutions, Inc.'s website;

  • remove any copyright or other proprietary notations from the materials; or

  • transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Intellirent Solutions, Inc. at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials on Intellirent Solutions, Inc.'s website are provided on an 'as is' basis. Intellirent Solutions, Inc. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Further, Intellirent Solutions, Inc. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Intellirent Solutions, Inc. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Intellirent Solutions, Inc.'s website, even if Intellirent Solutions, Inc. or a Intellirent Solutions, Inc. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Accuracy of materials

The materials appearing on Intellirent Solutions, Inc. website could include technical, typographical, or photographic errors. Intellirent Solutions, Inc. does not warrant that any of the materials on its website are accurate, complete or current. Intellirent Solutions, Inc. may make changes to the materials contained on its website at any time without notice. However Intellirent Solutions, Inc. does not make any commitment to update the materials.

6. Links

Intellirent Solutions, Inc. may have third-party websites linked on any page within the myintellirent.com domain and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Intellirent Solutions, Inc. of the site. Use of any such linked website is at the user's own risk.

7. Modifications

Intellirent Solutions, Inc. may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

7. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of California and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

Privacy Policy

Your privacy is important to us.

As a web-based service provider, we require some personal information in order to provide a service to you. However, we don’t ask for this information unless we truly need it. It is Intellirent Solutions, Inc.'s policy to respect your privacy regarding any information we may collect from you across our website, https://www.myintellirent.com.  

Personal Information

We may ask a user for personal information, such as:

  • Your name
  • Email address
  • Age / date of birth
  • Social security number
  • Social media profile/s
  • Contact details
  • Company details
  • Payment details, and
  • Other details regarding rental / employment history, and
  • Other personal identifying information

 

This information is used for the purposes of:

  • providing you with products and services related to the rental application process, when applicable this includes:

◦ processing credit, criminal and eviction background checks through the TransUnion Credit Bureau or Nova Credit, Inc.
◦ obtaining tenancy verification with landlord contacts to verify information including (but not limited to) rent payment history, tenancy dates and overall good standing
◦ obtaining employment verification with employment contacts to verify the accuracy of information included in your application

  • providing you with information about our products and services
  • managing and improving our products, services, quality control, administration, communication and internal processes
  • personalizing and customizing your experience with us
  • verifying your identity
  • granting you access to your account with us
  • investigating any enquiries or complaints submitted by or about you; and/or
  • complying with regulatory or legal obligations

 

You are free to refuse our request for your personal information, with the understanding that we may be unable to provide you with some of your desired services. We do not share your personal information with third-parties, except where required by law, to protect our own rights, or to provide a service to you. For credit, criminal and eviction reports your information is shared with:

  • TransUnion Rental Screening Solutions, who may be reached at (866) 775-0961
  • Nova Credit, Inc. (International Credit Reports) , who may be reached at (844) 423-1345

 

We may, however, disclose anonymized and aggregated versions of this information for business, marketing or public relations purposes. We will only retain personal information for as long as necessary to provide you with a service.

Business Data

Our respect for your privacy extends to the data you input into our website over the normal course of using our services. We will not share your data with third-parties, except where required by law, to protect our own rights, or to provide a service to you. We may, however, disclose anonymized and aggregated versions of this information for business, marketing or public relations purposes. We will only retain your data for as long as necessary to provide you with a service.

Cookies

We use "cookies" to collect information about you and your activity across our site. A cookie is a small piece of data that our website stores on your computer, and accesses each time you visit so we can understand how you use our site and serve you content based on preferences you have specified. If you do not wish to accept cookies from us, you should instruct your browser to refuse cookies from our website, with the understanding that we may be unable to provide you with some of your desired service without them. This policy covers only the use of cookies between your computer and our website; it does not cover the use of cookies by any advertisers.

Third-Party Services

We employ third-party services for our:

  • Website analytics
  • Payment processing (checkout)
  • Live chat / customer support
  • Customer relationship management, and
  • Advertising and marketing
  • Credit, criminal and eviction reporting
  • Employment and tenancy history investigative reporting

These third parties have access to selected personal information only to perform specific tasks on our behalf or to improve the relevance of information presented to you. We review the privacy policies of all our third-party providers before enlisting their services to ensure their practices align with ours.

Security

We take security seriously, and do what we can within commercially acceptable means to protect your personal information from loss or theft, as well as unauthorized access, disclosure, copying, use or modification. That said, we advise that no method of electronic transmission or storage is 100% secure, and cannot guarantee the absolute security of your data.

Links to Other Sites

Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and practices of these sites, and cannot assume responsibility for their treatment of your personal information. This privacy policy only covers our website and privacy practices.

Children’s Privacy

We do not knowingly collect or store personal information from children (visitors under the age of 18). If you believe your child has provided us with personal information, we encourage you to contact us immediately, and we will do our best to delete the data as quickly as possible.

Changes to our Privacy Policy

At our discretion, we may change our privacy policy from time to time. Any changes will be reflected here, so we encourage you to visit this page regularly. Your continued use of this site after any changes to this policy will be regarded as acceptance of our practices around privacy and personal information.

Business Transfers

If we or our assets are acquired, or in the unlikely event that we go out of business or enter bankruptcy, we would include user information among our assets transferred to or acquired by a third party. You acknowledge that such transfers may occur, and that any parties who acquire us may continue to use your personal information according to this policy.

If you have any questions or comments about this Policy or the practices relating to this Site or the Intellirent Service, or you wish to verify, correct or delete any personal information we have collected, please contact us at info@myIntellirent.com and we will endeavor to respond to your inquiry or to correct, update or remove the personal information you have provided us as you indicate to the extent possible. In lieu of email, you may also contact us by mail at the following address:

Intellirent
632 Commercial Street, 5th Floor
San Francisco, CA 94111


California Consumer Privacy Act (CCPA): Right to Request Deletion

Pursuant to the California Consumer Privacy Act of 2018 (CCPA), California residents have the right to request that we delete any personal information we have collected about them, subject to certain exceptions as outlined in Civil Code Section 1798.105(d).

Submitting a Deletion Request

To exercise your right to request the deletion of your personal information, you may contact us by:

  • Email: [insert email address]

  • Phone: [insert phone number]

  • Online Form: [insert link to form]

Please include sufficient details in your request to allow us to understand, evaluate, and process it. This may include providing your name, contact information, and a description of the information you would like deleted.

Verification of Requests

In compliance with CCPA regulations, we are required to verify your identity before processing your request. Verification may involve confirming details you have previously provided, such as your email address or recent transaction history with us.

Exceptions to Deletion

Under the CCPA, we may deny a deletion request if retaining your personal information is necessary to:

  1. Complete a transaction, fulfill a contract, or provide a service requested by you.

  2. Detect and protect against security incidents, fraud, or illegal activity.

  3. Debug and repair errors that impair existing functionality.

  4. Comply with a legal obligation, such as recordkeeping or responding to lawful requests.

  5. Use the information internally in a lawful manner compatible with the context in which you provided it.

Non-Discrimination

We will not discriminate against you for exercising your rights under the CCPA, including your right to request deletion of personal information.


You must take certain steps before you can get a consumer report, and before and after you take an adverse action based on that report.

Before You Get a Consumer Report

You must:

  • Tell the applicant or employee that you might use information in their consumer report for decisions related to their employment. This notice must be in writing and in a stand-alone format. The notice cannot be in an employment application. You can include some minor additional information in the notice, like a brief description of the nature of consumer reports, but only if it does not confuse or detract from the notice.
  • Get written permission from the applicant or employee. This can be part of the document you use to notify the person that you will get a consumer report. If you want the authorization to allow you to get consumer reports throughout the person's employment, make sure you say so clearly and conspicuously.
  • Certify compliance to the company from which you are getting the applicant or employee's information. You must certify that you:
    • notified the applicant or employee and got their permission to get a consumer report;
    • complied with all of the FCRA requirements; and
    • will not discriminate against the applicant or employee or otherwise misuse the information, as provided by any applicable federal or state equal opportunity laws or regulations.

It's a good idea to review applicable laws of your state related to consumer reports. Some states restrict the use of consumer reports – usually credit reports – for employment purposes.

Before You Take an Adverse Action

Before you reject a job application, reassign or terminate an employee, deny a promotion, or take any other adverse employment action based on information in a consumer report, you must give the applicant or employee:

  • a notice that includes a copy of the consumer report you relied on to make your decision; and
  • a copy of A Summary of Your Rights Under the Fair Credit Reporting Act, which the company that gave you the report should have given to you.

Giving the person the notice in advance gives the person the opportunity to review the report and tell you if it is correct.

After You Take an Adverse Action
If you take an adverse action based on information in a consumer report, you must give the applicant or employee a notice of that fact – orally, in writing, or electronically.

An adverse action notice tells people about their rights to see information being reported about them and to correct inaccurate information. The notice must include:

  • the name, address, and phone number of the consumer reporting company that supplied the report;
  • a statement that the company that supplied the report did not make the decision to take the unfavorable action and can't give specific reasons for it; and
  • a notice of the person's right to dispute the accuracy or completeness of any information the consumer reporting company furnished, and to get an additional free report from the company if the person asks for it within 60 days.

Investigative Reports
Employers who use "investigative reports" – reports based on personal interviews concerning a person's character,
general reputation, personal characteristics, and lifestyle – have additional obligations under the FCRA. These obligations include giving written notice that you may request or have requested an investigative consumer report, and giving a statement that the person has a right to request additional disclosures and a summary of the scope and substance of the report. (See 15 U.S.C. section 1681d(a), (b)).

 Disposing of Consumer Reports


When you're done using a consumer report, you must securely dispose of the report and any information you gathered from it. That can include burning, pulverizing, or shredding paper documents and disposing of electronic information so that it can't be read or reconstructed.

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 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 Web site. Users must consult the relevant provisions of the FCRA for details about their obligations under the FCRA.

The first section of this summary sets forth the responsibilities imposed by the FCRA on all users of consumer reports. The subsequent sections discuss the duties of users of reports that contain specific types of information, or that are used for certain purposes, and the legal consequences of violations. If you are a furnisher of information to a consumer reporting agency (CRA), you have additional obligations and will receive a separate notice from the CRA describing your duties as a furnisher.

I. OBLIGATIONS OF ALL USERS OF CONSUMER REPORTS


A. Users Must Have a Permissible Purpose

Congress has limited the use of consumer reports to protect consumers' privacy. All users must have a permissible purpose under the FCRA to obtain a consumer report. Section 604 contains a list of the permissible purposes under the law. These are: 

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

In addition, creditors and insurers may obtain certain consumer report information for the purpose of making "prescreened" unsolicited offers of credit or insurance. Section 604(c). The particular obligations of users of "prescreened" information are described in Section VII below.

B. Users Must Provide Certifications

Section 604(f) prohibits any person from obtaining a consumer report from a consumer reporting agency (CRA) unless the person has certified to the CRA the permissible purpose(s) for which the report is being obtained and certifies that the report will not be used for any other purpose.

C. Users Must Notify Consumers When Adverse Actions Are Taken

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

1. Adverse Actions Based on Information Obtained From a CRA

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

  • The name, address, and telephone number of the CRA (including a toll-free telephone number, if it is a nationwide CRA) that provided the report.
  • A statement that the CRA did not make the adverse decision and is not able to explain why the decision was made.
  • A statement setting forth the consumer's right to obtain a free disclosure of the consumer's file from the CRA if the consumer makes a request within 60 days.

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

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

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

3. Adverse Actions Based on Information Obtained From Affiliates

If a person takes an adverse action involving insurance, employment, or a credit transaction initiated by the consumer, based on information of the type covered by the FCRA, and this information was obtained from an entity affiliated with the user of the information by common ownership or control, Section 615(b)(2) requires the user to notify the consumer of the adverse action. The notice must inform the consumer that he or she may obtain a disclosure of the nature of the information relied upon by making a written request within 60 days of receiving the adverse action notice. If the consumer makes such a request, the user must disclose the nature of the information not later than 30 days after receiving the request. If consumer report information is shared among affiliates and then used for an adverse action, the user must make an adverse action disclosure as set forth in I.C.1 above.

D. Users Have Obligations When Fraud and Active Duty Military Alerts are in Files

When a consumer has placed a fraud alert, including one relating to identity theft, or an active duty military alert with a nationwide consumer reporting agency as defined in Section 603(p) and resellers, Section 605A(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, which will be issued by the Consumer Financial Protection Bureau and the banking and credit union regulators. The Consumer Financial Protection Bureau's regulations will be 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. The Consumer Financial Protection Bureau, the Securities and Exchange Commission, and the banking and credit union regulators have issued regulations covering disposal. The Consumer Financial Protection Bureau's regulations may be found at www.consumerfinance.gov/learnmore.

II. CREDITORS MUST MAKE ADDITIONAL DISCLOSURES


If a person uses a consumer report in connection with an application for, or a grant, extension, or provision of, credit to a consumer on material terms that are materially less favorable than the most favorable terms available to a substantial proportion of consumers from or through that person, based in whole or in part on a consumer report, the person must provide a risk-based pricing notice to the consumer in accordance with regulations to be jointly prescribed by the Consumer Financial Protection Bureau and the Federal Reserve Board.

Section 609(g) requires a disclosure by all persons that make or arrange loans secured by residential real property (one to four units) and that use credit scores. These persons must provide credit scores and other information about credit scores to applicants, including the disclosure set forth in Section 609(g)(1)(D) ("Notice to the Home Loan Applicant").

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

V. SPECIAL PROCEDURES FOR EMPLOYEE INVESTIGATIONS


 

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

VI. OBLIGATIONS OF USERS OF MEDICAL INFORMATION


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

VII. OBLIGATIONS OF USERS OF "PRESCREENED" LISTS


The FCRA permits creditors and insurers to obtain limited consumer report information for use in connection with unsolicited offers of credit or insurance under certain circumstances. Sections 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 preestablished 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. The statement must include the address and toll-free telephone number of the appropriate notification system.

In addition, once the Consumer Financial Protection Bureau by rule has established the format, type size, and manner of the disclosure required by Section 615(d), users must be in compliance with the rule. The CFPB's regulations will be at www.consumerfinance.gov/learnmore.

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 purpose 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 Web site, www.consumerfinance.gov/learnmore, has more information about the FCRA, including publications for businesses and the full text of the FCRA. 

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

Section 602

Section 603

Section 604

Section 605

Section 605A

Section 605B

Section 606

Section 607

Section 608

Section 609

Section 610

Section 611

Section 612

Section 613

Section 614

Section 615

Section 616

Section 617

Section 618

Section 619

Section 620

Section 621

Section 622

Section 623

Section 624

Section 625

Section 626

Section 627

Section 628

Section 629

15 U.S.C. 1681

15 U.S.C. 1681a

15 U.S.C. 1681b

15 U.S.C. 1681c

15 U.S.C. 1681cA

15 U.S.C. 1681cB

15 U.S.C. 1681d

15 U.S.C. 1681e

15 U.S.C. 1681f

15 U.S.C. 1681g

15 U.S.C. 1681h

15 U.S.C. 1681i

15 U.S.C. 1681j

15 U.S.C. 1681k

15 U.S.C. 1681l

15 U.S.C. 1681m

15 U.S.C. 1681n

15 U.S.C. 1681o

15 U.S.C. 1681p

15 U.S.C. 1681q

15 U.S.C. 1681r

15 U.S.C. 1681s

15 U.S.C. 1681s-1

15 U.S.C. 1681s-2

15 U.S.C. 1681t

15 U.S.C. 1681u

15 U.S.C. 1681v

15 U.S.C. 1681w

15 U.S.C. 1681x

15 U.S.C. 1681y

Additional terms specific to Rental Applicants can be found here.

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