HomeMy Public PortalAboutA-Check Global Instructions to SubscriberA -Check Global
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Instructions to Subscriber
❑ Review Master Services Agreement in its entirety.
❑ Complete Subscriber information in opening paragraph
❑ Complete section 6 and select a method of payment.
❑ Select an agreement term in section 7.
❑ Complete the notices information in section 8.
❑ Execute the agreement.
❑ Complete Exhibit A, Subscriber Application.
❑ Complete Exhibit C, Subscriber Certification of Additional Obligations
❑ Each End user to review and sign Exhibit D, Access Security Agreement
Agreement Addenda When Applicable
❑ Substance Abuse Testing Third Party Administrator Services Addendum
❑ Equifax Verification Service Addendum — Employment Verification Services
❑ Form 1-9 Contract
❑ E -Verify Memorandum of Understanding
I
O A -Check Global
Screening Made Sntart
Exhibit B Prepared for Town of Gulf Stream
MASTER SERVICES AGREEMENT
Standard Package — All Names all counties as provided by Social Security Trace
Includes
- Social Security Trace
- County Criminal Felony/Misdemeanor Search - 7 year search, all true names and counties based upon
Social Security Trace
- Nationwide Federal Search - 7 year search, all true names based upon Social Security Trace
- National Criminal Locator Search (NATCRIM) — All true names based upon the Social Security Trace
- Employment Verification (Plus) - 7 years, up to 3 employers
'All records (Hits) obtained through the NATCRIM search will be confirmed at the applicable court for
accuracy to comply with the FCRA and will be billed at a la carte rates.
$67.00
A la Carte Services — Background Screening - Domestic
Criminal Search — County
Price___W
$10.00'
Criminal Search — Statewide Locator
$9,00*
Criminal Search — Federal Nationwide
$9,00•
National Criminal Locator—NATCRIM
$4.00'
Sex Offender Search — Nationwide
$3.00'
Compliance Link Search - OFAC
$3.00
CreditReport
Driver's Report
$7.00
$4.00'
Social Security Trace
$4.00
Professional Reference
$9.00
Employment Verification, Domestic — Basic
$6.00'
Employment Verification, Domestic — Plus
$10.00'
Employment Verification, Domestic — Expanded
$13.00'
Education Verification, Domestic—Basic
$7.00'
Education Verification, Domestic — Expanded
$13.00`
Professional License Verification
$9.00•
Military Service Records Verification
Global Direct
A la Carte Services — Background Screening — Domestic (cont.)
RAPID 1-9: Streamlined Electronic 1-9 and E -Verify
$10.00
Price*
$7.00
1501 Research Park Drive - Riverside, California 92507
OA -Check Global MASTER SERVICES AGREEMENT
Screening Made Smart
Ancillary Fees Price
Account Setup Fee
Includes processing of the credit application, verification of business license, required third party onsite $99.00
location verification and administration of account implementation and system training. Price Per client.
Data Entry Fee
Includes manually keying faxed or emailed requests into IA, A -Check Global's request processing system. $5.00
Price per file.
Adjudication Fee
Includes comparing results of an investigation to client business rules to determine if an applicant meets $1.00
client requirements. Price per file component.
FCRA Letters — Pre-Adverse/Adverse Notifications
Includes processing, printing and mailing of pre -adverse or adverse notifications. Price per letter. $5.00
Report Mall Out Fee
Includes A -Check Global providing a copy of final report to applicant. Price per report. $5.00
Digital Document Storage Fee
Includes electronic storage of supporting documentation uploaded into A -Check Global's Document
Management systems and made available to the requestor for viewing/printing. Monthly charge. Varies by
<500 employees ........... $29.00 Number of
501-1500 employees.... $49.00 Employees
1501-5000 employees ... $79.00
>5000 employees .......... $99.00
Additional Request Research Fee $10.00
Covers additional research requested by client. Price per file.
Priority Fees
Available for individual reports. Includes moving a file to the front of the job queue and close monitoring $15.00
throughout the screening process with hourly monitoring. Price per file.
EasyApp - Web based Employment Application
Invite applicants electronically to fill out an application for you to review and submit as a request for $2.00
processing. Price per applicant/file.
1501 Research Park Drive • Riverside, California 92507
Q A -Check Global
Screening Made Smart
MASTER SERVICES AGREEMENT
Subscriber hereby acknowledges and agrees to the pricing and scope of services defined in this
Exhibit B, inclusive of all pages.
Sub Repres tative Si nat
EA 6y
Print Name:
Rita Taylor
Title:
Town Clerk
Date:
04/25/2017
1501 Research Park Drive - Riverside, California 92507
Q A -Check Global
Screening Made Sntart
MASTER SERVICES AGREEMENT
E -Verify — USCIS - Department of Homeland Security
$5.00
Electronic 1-9 — Paperless 1-9 Form
$5.00
,GGJG, G,6, ,V nw"i U"dl rUUJ Onllernenl oerow.
Certain entities may levy fees that will be passed through to the client (without markup) in addition to the fees
charged by A -Check Global for the packages and/or a Is carte services. The additional fees may Include: Court fees,
State fees, Repository fees (Talx/The Work Number, Student Clearing House), Registry fees, 900 numbers (employment
verification), International call toll charges and Transcript fees. Aliases and Maiden names will be added at the a la carte
price.
All records (Hits) obtained through the NATCRIM search will be confirmed at the applicable court for accuracy to comply with
the FCRA and will be billed at a Is carte rates.
A -Check conducts employment, education, professional credentialing and reference verifications in more than
200 countries and territories worldwide. A -Check verifies in 159 of the world's most common languages. A -
Check's Global Alliance Researcher Network, developed over 31 years on the cutting edge of employment Available
screening, is comprised of both wholly owned offices as well as a network of carefully vetted research
professionals with proven records of expertise in their countries' Investigative and reporting procedures. A -
Check offers a full suite of international services. Please call for a customized international services quote.
1501 Research Park Drive • Riverside, California 92507
OA -Check Global MASTER SERVICES AGREEMENT
Screening Made Smart
DomesticA la Carte Services — Substance Abuse Screening -
Customized Collection Site Match
Included
Non -DOT 5 Panel Urine Drug Screen — Lab Based Analysis
$27.00
Non -DOT 10 Panel Urine Drug Screen — Lab Based Analysis
$28.00
NDOT 5 Panel Hair Screen
Available
DOT 5 Panel Urine Drug Screen — Lab Based Analysis
Available
Medical Review Officer (MRO)
$14.00
Breath Alcohol Screening — Lab Based
Available
RADAR Labcorp Clinic -Based 5 Panel
Available
E -Screen Drug Screening
Available
Radar NDOT 5 panel — (Instant collection at Labcorp)
Available
5 Panel Instant urinalysis — Instant Onsite Test Cup
Available
10 Panel Instant urinalysis cup — Instant Onsite Test Cup
Available
5 Panel Oral fluid drug test kit — Lab Based Analysis- ($11.50 each -comes in a box of 25)
Available
Electronic Chain of Custody forms support - Nationwide
$5.00
On site services — Mobile Collection, On-site Training
Available
Random Program Implementation (onetime fee)
Available
Random Program Management (DOT) per pull
Available
Random Program Management (Non-DOT)Per pull
Available
Post -accident, Reasonable Suspicion Screening
Available
After hours collections
Available
Additional fees may include: When an out -of -network 3rd party collection facility is used, pricing will include drug
screening price plus additional collection fee.
1501 Research Park Drive • Riverside, California 92507
A -Check Global
- Screening Made Smart -
MASTER SERVICES AGREEMENT
THIS MASTER SERVICES AGREEMENT ("Agreement") is entered into on ("Effective Date"), by and
between A -Check America, Inc., doing business as A -Check Global, a California corporation, located at 1501
Research Park Drive, Riverside, CA 92507 ("A -Check"), and "Subscriber," as set forth below and on behalf of itself
and its officers and employees:
Subscriber Legal Name: State of Incorporation:
Town of Gulf Stream I FL
Type of Business:
Local Government- Municipality
Address:
100 Sea Rd. Gulf Stream, FL 33483
The parties hereto agree as follows:
In performing its services under this Agreement, A -Check may be deemed to be a "consumer reporting agency"
pursuant to the Fair Credit Reporting Act, 15 U.S.C.. 1681 et seq. (the "FCRA");
A -Check is in the business of providing employment "Screening Report(s)," which may be deemed under the
FCRA and applicable state law to be "consumer report(s)" and/or "investigative consumer report(s)," and related
services to its clients;
A -Check offers to provide Screening Report(s) and "Services," as such services are described in this Agreement,
including in one (1) or more exhibit(s) agreed to between the parties, which may be called "Scope of Services
and/or Pricing," or a similar variation (Each is an "Exhibit B," which may be superseded by a more recent Exhibit
B as set forth therein.), to Subscriber; and,
Subject to the terms and conditions set forth in this Agreement and its exhibits and any addenda, at the request of
Subscriber, A -Check shall provide Screening Report(s) of Subscriber job applicant(s), employee(s), contractor(s),
volunteer(s), and/or other person(s) ("Applicant(s)") and Services to Subscriber.
1.0 SUBSCRIBER OBLIGATIONS
1.1 Type of Business: Subscriber warrants that the nature of its business is not a credit repair
company/clinic, private detective, private detective agency, attorney service, bail bondsman, law
firm, credit counseling firm, financial counseling firm, pawn shop, check cashing, genealogical or
heir research firm, dating service, massage or tattoo service, business that operates out of a
residence, an individual seeking information for their private use, an adult entertainment service,
companies that locate missing children, companies that handle third party repossession, company
seeking information in connection with time shares or subscriptions, company or individual involved
in spiritual counseling, or any person or entity that is not an end user. Subscriber agrees to
participate in an onsite inspection to verify the legitimacy of the business in the account set up
phase. Subscriber shall bear the costs of the inspection.
1.2 Account Maintenance: Subscriber shall designate a main contact to execute Subscriber account
management duties, including without limitation: (a) serving as Subscriber's contact person for A -
Check to communicate changes in service; (b) being responsible for the strict administration and
control of Subscriber's account; and (c) promptly notifying A -Check if Subscriber believes it has
failed to fulfill any obligations in this Agreement including without limitation, those obligations related
to confidentiality, consumer privacy, data protection, or compliance with Laws.
1.3 Legally Permissible Employment Purpose: Subscriber certifies that Screening Reports will be
ordered only when intended to be used for the permissible purpose of establishing an Applicant's
eligibility for employment, which includes (a) initial employment; (b) promotion; (c) reassignment;
(d) retention as an employee; or (e) an employee investigation of wrongdoing as defined by FCRA
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§ 603(2)(h). Subscriber end user will certify the specific permissible purpose at the time each
Screening Report is requested.
1.4 Ongoing Compliance with FCRA and other Applicable Laws: In using A -Check's Screening Reports
and Services, Subscriber is considered an "end user" and/or "user" of consumer reports and/or
investigative consumer reports under the FCRA and applicable state law. Subscriber agrees and
certifies to comply with all applicable international, federal, state, and local statutes, regulations,
and ordinances (collectively, "Laws") that govern the use and distribution of data furnished by A -
Check, including but not limited to all provisions of the FCRA, Title VII of the Civil Rights Act of
1964, the federal Driver's Privacy Protection Act ("DPPA"), federal Equal Credit Opportunity Act,
and all state consumer report laws governing the use of credit reports, sex offender information,
and restrictions in the use of criminal record information. To that end, Subscriber agrees to comply
with and provide all statutorily required notices (including in sections 604 and 615) of the FCRA or
other state laws when using information products provided by A -Check, including Screening
Reports. Subscriber further accepts full responsibility for any and all consequences of use and/or
dissemination of the Screening Reports. Subscriber further agrees that each Screening Report will
only be used for a one-time use. Subscriber agrees and certifies that it is responsible for identifying
and taking all steps necessary to comply with any and all Laws in connection with the procurement
and use of Screening Reports and any Services ordered hereunder. Moreover, Subscriber
acknowledges and understands that if it obtains non -U.S. information products or Services under
this Agreement, Subscriber may have additional or different legal obligations than those described
in this Agreement.
1.5 Confidentiality of Screening Report Information: Subscriber agrees to keep all Screening Report
information provided by A -Check, including but not limited to background, substance abuse test
results, behavioral assessment, or any other report, whether oral or written, strictly confidential and,
except as required by law, reveal no such information to any person except the person reported on
or a person whose duty requires him to participate in the decision for the transaction for which the
report was ordered.
1.6 Subscriber Certification: Subscriber agrees to review and understand the requirements set forth in
"Exhibit C," Subscriber Certification of Additional Obligations.
1.7 Access Security Agreement: Subscriber agrees to have reasonable procedures for the fair and
equitable use of background information and to secure the confidentiality of private information.
Subscriber agrees to review and understand the requirements of "Exhibit D," Access Security
Agreement and Acknowledgement of FCRA Compliance Requirements and to take all
reasonable measures to ensure that each and every Subscriber user having access to A -Check's
system reviews, signs, and returns a completed Exhibit D to A -Check. In addition, Subscriber
agrees to ensure compliance with Exhibit D requirements within Subscriber's company.
1.8 Use of Email: Subscriber understands that e -mailing of a Screening Report is not a secure method
of transmission, unless the document has been encrypted or is password protected prior to
transmittal. Subscriber agrees to use care whenever removing a consumer report from A -Check's
secure web portals.
1.9 Use of A -Check's Web -based Services: For Subscriber that utilizes A -Check's web portal to order
and retrieve consumer reports, Subscriber certifies it will abide by all conditions covered in the end
use license agreement required to be agreed upon during the initial login process. Additionally, for
Subscriber that utilizes electronic systems developed by A -Check to assist in executing its end user
responsibilities, Subscriber certifies that its responsibility, as end user of consumer reports, is not
transferred to A -Check, and Subscriber remains responsible for its own compliance including the
procurement of required consent, disclosure, and authorization forms and the language contained
in all electronic documents utilized for this purpose. A -Check is not responsible for the accuracy or
completeness of the information submitted electronically in any of the web portal services provided
by A -Check and Subscriber agrees that it is responsible for maintaining complete and accurate files
containing all required consent, authorization, and disclosure forms with regard to each
Applicant/consumer for whom a report has been requested, and for maintaining strict security
procedures and controls to assure that its personnel are not able to use Subscriber's Internet
access to obtain reports for improper, illegal, or unauthorized purposes.
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1.10 Data Breach Notification: Subscriber will immediately notify A -Check of a data breach occurring
within Subscriber's systems within 48 hours of the occurrence.
1.11 Summary of Consumer Rights: Subscribers hereby acknowledges that it has received a copy of
and agrees to review and understand "Exhibit E," Summary of Consumer Rights Under the Fair
Credit Reporting Act.
1.12 Obligations of Users Under FCRA: Subscriber hereby acknowledges that it has received a copy of
and agrees to read and understand the requirements of "Exhibit F," Notice to Users of Consumer
Reports: Obligations of Users Under FCRA and to take all reasonable measures to enforce such
requirements within Subscriber's company.
`ar;
3.0
1.13 Audits and Records Retention: Subscriber agrees to allow A -Check to audit its processes and
documentation relating to Screening Reports and Services requests under this Agreement,
including but not limited to, the existence of properly executed consent, disclosure, and
authorization forms as required under this Agreement, upon reasonable notice and during normal
business hours. Subscriber shall maintain copies of all consumer authorization forms and pre -
adverse and adverse communications for a period of no less than five (5) years from the date the
Screening Report was received and make such information available to A -Check upon request.
A -CHECK OBLIGATIONS
2.1 Ongoing Compliance with All Applicable Laws: A -Check shall be responsible for identifying and
taking all commercially reasonable steps necessary to comply with all applicable Laws in the
preparation and transmission of Screening Reports.
2.2 Reasonable Procedures: Disclaimer of Warranty: A -CHECK WILL FOLLOW REASONABLE
QUALITY ASSURANCE PROCEDURES TO ASSURE MAXIMUM POSSIBLE ACCURACY OF
THE INFORMATION CONTAINED IN A SCREENING REPORT AND TO MAINTAIN
PROCEDURES DESIGNED TO CONFIRM, TO THE EXTENT REASONABLY POSSIBLE, THAT
THE REPORTED PUBLIC RECORD INFORMATION IS COMPLETE AND UP TO DATE. A -
CHECK WILL USE ITS BEST EFFORTS TO FULFILL ITS OBLIGATIONS UNDER THIS
AGREEMENT. HOWEVER, A -CHECK DOES NOT GUARANTEE OR WARRANT AND HEREBY
DISCLAIMS ANY GUARANTY OR WARRANTY THAT THE INFORMATION PROVIDED TO
SUBSCRIBER IS CORRECT, COMPLETE, CURRENT, MERCHANTABLE OR FIT FOR A
PARTICULAR PURPOSE, OR THAT THE INFORMATION WILL BE AVAILABLE OR DELIVERED
TO SUBSCRIBER AT ANY SPECIFIC TIME.
2.3 Training and Account Implementation/Management: A -Check will provide reasonable training and
comprehensive account implementation at no cost to Subscriber. However, all special requests for
additional training outside of A -Check's complimentary account implementation protocol may be
subject to an additional cost as determined by A -Check.
2.4 Data Security: A -Check shall use industry standard data security measures to protect all
information entrusted to A -Check by Subscriber.
2.5 Disputed Information: A -Check will re -verify at no cost any disputed report when either Subscriber
or Applicant makes a request in accordance with applicable law. A -Check shall respond in writing
on a timely basis.
SERVICE REPRESENTATIONS
3.1 Database Criminal Record Locator Services: Subscriber acknowledges that database products,
including but not limited to, the National Criminal File ("NATCRIM") Search and the National Sex
Offender Search offered by A -Check, may not contain the most current information available, and
are only utilized as search tools to assist A -Check in formulating additional jurisdictions to search.
Subscriber understands that to comply with FCRA § 613, A -Check will not report any criminal
information (arrest or conviction) obtained only from a database search. A -Check will confirm the
result at the corresponding county -level court or equivalent primary source records repository
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A -Check Global MASTER SERVICES AGREEMENT
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(Additional charges may be incurred when such additional research is required depending on the
set up of Subscriber's account.).
3.2 Motor Vehicle Report(s) ("MVR(s)"): For Subscribers utilizing A -Check MVR Services, Subscriber
certifies that MVRs (e.g., driving records) shall only be ordered in strict compliance with the DPPA
and any related applicable state laws. Subscriber further certifies that no MVRs shall be ordered
without first providing disclosure to Applicant that a report will be processed, then only by obtaining
the written authorization of Applicant to obtain an MVR. Subscriber also certifies that it will use this
information only in the normal course of business to obtain lawful information provided by an
Applicant. Subscriber shall not transmit any data contained in the MVR via any unsecured means
or resell MVRs to any third party. Subscriber certifies it will request MVRs for only direct employees
and applicants of Subscriber.
3.3 Administrative Function: Subscriber understands and agrees that A -Check performs an
administrative function only regarding any and all grading or scoring or application of Subscriber's
hiring guidelines. Subscriber further understands and agrees that any and all determinations are
based on evaluation criteria provided solely by Subscriber. Therefore, Subscriber understands and
agrees that any employment decision regarding an Applicant arising from or relating to any and all
such determinations is the sole responsibility of Subscriber— and not any A -Check Parties.
Subscriber agrees to defend, indemnify, and hold A -Check and its affiliated companies, and all of
their respective officers, agents, and employees, and A -Check's independent contractors and their
affiliates, including but not limited to TransUnion, LLC and Equifax, Inc. (collectively, "A -Check
Parties") harmless from any and all liabilities, losses, claims, injuries, damages, suits, judgments,
expenses, fines, interest or penalties of any kind or nature whatsoever, including, without limitation,
reasonable attorneys' fees and costs (collectively, "Losses") arising out of or related to
Subscriber's employment decision resulting from any and all such determinations and/or the
performance of this administrative function.
3.4 Also Known As ("AKA") Policy: A -Check utilizes credit bureau header and other address
information along with Applicant- and Subscriber -provided information to determine any AKAs to
be used as search criteria. A -Check cannot guarantee that all AKAs for an Applicant will be
discovered for such search. A -Check will not use AKAs it determines to be: (a) obvious
typographical errors; (b) suffixes; (c) variations of middle names or middle initials; (d) any initial
replacing a first or last name; or, (e) opposite gender names.
3.5 International Searches: When applicable, Subscriber certifies that it shall complywith the applicable
data privacy laws governing the transfer, storage, and access of personal information including,
but not limited to the EU — U.S. Privacy Shield. International services are conducted via third party
independent contractors. Therefore, A -Check cannot be either insurer or guarantor of the accuracy
of the information reported.
3.6 Workers' Compensation Searches: Subscriber understands that speck rules apply when using
workers' compensation history information, including but not limited to, all requests for workers'
compensation history must be made post job offer and special circumstances must be considered
if making an adverse employment decision based thereof. Subscriber certifies that it will comply
with all Laws required for Subscriber to utilize workers' compensation information.
3.7 Automated Systems: A -Check provides automated systems of service to assist Subscribers in their
regulatory duties (e.g., electronic submission of disclosure and authorization forms and adverse
action communications). Subscriber acknowledges and agrees that Subscriber is responsible for
approving all language contained in documents provided by A -Check on behalf of Subscriber and
Subscriber must approve all processes prior to implementation. Therefore, Subscriber agrees to
defend, indemnify, and hold A -Check Parties harmless from any Losses arising out of or related to
the use of A -Check's automated systems by Subscriber.
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4.0
5.0
6.0
A -Check Global MASTER SERVICES AGREEMENT
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3.8 Credit Provisions: Subscriber understands that the credit bureaus require specific written approval
from A -Check before the following persons, entities and/or businesses may obtain credit reports:
private detectives, private detective agencies, private investigative companies, bail bondsmen,
attorneys, law firms, credit counseling firms, security services, members of the media, resellers,
financial counseling firms, credit repair clinics, pawn shops (except companies that do only title
pawn), check cashing companies (except companies that do only loans, no check cashing),
genealogical or heir research firms, dating services, massage or tattoo services, businesses that
operate out of an apartment, individuals seeking information for their own private use, adult
entertainment services of any kind, companies that locate missing children, companies that handle
third party repossession, companies seeking information in connection with time shares,
subscriptions companies, individuals involved in spiritual counseling or persons or entities that are
not an end-user or decision maker.
3.9 Credit Report Policies and Procedures: Subscriber represents that, if it orders credit reports,
Subscriber will have a policy and procedures in place to investigate any discrepancy in a
consumer's address when notified by the credit bureau that the consumer's address, as submitted
by Subscriber, substantially varies from the address the credit bureau has on file for that consumer.
NO LEGAL OPINION
A -Check is not Subscriber's legal counsel or representative. Subscriber understands and acknowledges
that any sample forms/kits, compliance alerts, education, best practices, conversations, or communication
with A -Check are not to be construed as legal opinion or counsel in any way and should not be relied upon
for legal compliance. The provision of any notices or forms, pre -adverse or adverse action letters and the
contents thereof is the sole responsibility of Subscriber. Subscriber agrees and acknowledges that
Subscriber will consult with Subscriber's own legal counsel to ensure Subscriber is in compliance with the
following, including but not limited to: (a) overall screening program compliance; (b) interpretation of and
obligations under the Laws, including but not limited to the FCRA; and, (c) the use of Screening Report
information, including relying upon such information and complying with EEOC Guidance; and (d) review
of any forms as well as the content of prescribed notices, adverse or pre -adverse action letters for
compliance with applicable Laws.
CONFIDENTIAL INFORMATION
Neither party shall reveal, publish, or otherwise disclose any Confidential Information to any third party
without the prior written consent of the other party. "Confidential Information" is defined as any and all
proprietary or secret data; sales or pricing information relating to each party or its operations, employees,
products, or services; and, all information relating to any customer, potential customer, agent, independent
sales outlet, contractor, employee and/or applicant. The parties agree to keep the other party's Confidential
Information confidential at all times during the term of this Agreement, and continuing forfive (5) years after
receipt of any Confidential Information. Despite anything to the contrary in this Agreement, in no event shall
A -Check be required to destroy, erase, or return any Screening Reports or Applicant data related thereto
in A -Check's files, all of which A -Check shall maintain as a consumer reporting agency in strict accordance
with all applicable Laws.
Subscriber agrees not to sell, lease, sub -license, deliver, display, or otherwise distribute to any third party
any of the Confidential Information addressed herein, whether alone, in conjunction with Subscriber's own
data, or otherwise, except as required by law.
PRICING AND METHOD OF PAYMENT
6.1 Pricing
Except as otherwise provided in this Agreement, the pricing, as set forth in the Exhibit B(s), shall
constitute full compensation for all Screening Reports and Services performed by A -Check under
this Agreement. Subscriber will be billed separately for all applicable surcharges (fees charged by
third parties to access information) and taxes (including sales tax).
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6.2 Method of Payment
MASTER SERVICES AGREEMENT
A -Check shall invoice or bill Subscriber monthly for services. A service charge of one and one-half
percent (1.5%) per month shall be charged on any balance that remains unpaid forty-five (45) days
after the invoice or bill date. Subscriber agrees to pay any such service charge and all collection
costs, including attorneys' fees and collection agency costs, if applicable.
Y
riber shall initial next to one (1) preferred method of payment:
Payment is due within thirty (30) days of receipt of invoice. Invoices will be sent to the
Subscriber contact and address listed below or to such other address as Subscriber may
subsequently designate in writing to A -Check:
Invoice To:
Subscriber Legal Name:
Town of Gulf Stream
Address:
100 Sea Rd.
City:
State:
Zip:
Gulf Stream
FL
33483
Attention:
Email:
Rebecca Tew
rtew@gulf-stream.org
Credit Card Payment. Payment is due at the time of billing.
Automated Clearing House. Payment is due at the time of billing
6.3 Fees and Taxes: A -Check fees for Screening Reports and Services are exclusive of any third party
fees, including but not limited to access fees (government or private), sales taxes, or value added
taxes applicable to Services provided (collectively, "Additional Fees"). Subscriber acknowledges
and agrees that Subscriber is responsible for payment of such Additional Fees. Therefore, in
addition to A -Check fees for Services as described in Exhibit B(s), for any Additional Fees, A -Check
shall pass through costs of such Additional Fees to Subscriber, without additional mark-up. Fees
and taxes are subject to change without notice.
6.4 Change Orders. Subscriber reserves the right to order changes in Services to be performed by A -
Check. All such changes shall be incorporated in written change orders or Exhibit B(s) executed
by Subscriber's authorized representative and A -Check, which shall specify the changes ordered
and the pricing adjustment and completion time required, if any. During the term of this Agreement,
A -Check and Subscriber may incorporate additional services into this Agreement. Authorization for
additional services will be incorporated into this Agreement only by written change orders or Exhibit
B(s).
6.5 Support Services: Except to the extent required by law, A -Check is under no obligation to provide
Support Services to Subscriber and will evaluate such matters on a case-by-case basis. If A -Check
assists Subscriber or is otherwise required to participate in preparation for, defense of, or respond
to any legal or regulatory proceeding involving or relating to Subscriber, including, without limitation
subpoenas, depositions, hearings and trials (collectively, "Support Services"), Subscriber shall
reimburse A -Check for all costs and expenses A -Check incurs in connection with any such Support
Services, including, without limitation, reasonable attorneys' fees and disbursements.
7.0 TERM; TERMINATION
7.1 Term: The term of this Agreement shall be (Subscriber shall initial one (1) option.):
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MASTER SERVICES AGREEMENT
Three (3) years K One (1) year _ on a month-to-month basis.
If this Agreement is for either a three (3) or a one (1) year term, this Agreement shall automatically
renew for additional one (1) year terms.
Termination for Convenience: Either party may terminate this Agreement for its convenience by
giving the other party sixty (60) days' written notice.
7.2 Termination for Cause: Breaches of this Agreement and/or violations of applicable law by
Subscriber, which are discovered by A -Check, may result in immediate suspension and/or
termination of the account, legal action and/or referral to federal or state regulatory agencies.
Should either party be in default and fail to remedy the default within thirty (30) business days of
receipt of written notice of default, either party may at its discretion terminate this Agreement or
such portion thereof as the non -defaulting party determines is most directly affected by the default.
The term "default" for purposes of this section includes if either party institutes or has instituted
against itself insolvency, receivership, or bankruptcy proceedings or makes an assignment for the
benefit of creditors, or fails to materially provide services or materials called for by this Agreement
within the time period specified for in this Agreement.
7.3 Termination for Force Majeure: The performance of Services under this Agreement may be
terminated by either party, for unforeseen causes beyond the control and without the fault or
negligence of A -Check, including acts of God, acts of the public enemy, governmental acts, fires
and epidemics if such causes irrecoverably disrupt or render impossible A -Check's performance
hereunder.
NOTICES
Except for invoices submitted to Subscriber by A -Check, all notices under this Agreement shall be in writing
and shall be delivered by registered or certified U.S. mail, return receipt requested, postage prepaid, or
sent by Federal Express or other recognized overnight courier service, and addressed to the party to be
notified at their physical address set forth below. All such notices shall be deemed given when delivered
one (1) day after being deposited with Federal Express or other recognized overnight courier service, or
five (5) days after being deposited in the U.S. mail, postage prepaid and addressed as follows, or to such
other address as each party may designate in writing:
To:
Subscriber Legal Name:
Town of Gulf Stream
Attention:
Title:
Rita Taylor
Town Clerk
Street Address:
100 Sea Rd.
City:
State:
Zip:
Gulf Stream
FL
33483
Email:
Phone Number:
rtaylor@gulf-
stream.org
561-276-5116
To: A -Check America, Inc. dba A -Check Global
Attn: Vice -President of Operations
1501 Research Park Drive
Riverside, CA 92507 USA
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9.0 INDEMNIFICATION
MASTER SERVICES AGREEMENT
9.1 Subscriber Indemnification: Subscriber shall indemnify, defend, and hold A -Check Parties harmless
from and against any and all Losses, which may be incurred by A -Check Parties arising out of or
related to:
9.1.1. the illegal or wrongful use by Subscriber of a Screening Report; or
9.1.2. the negligence or intentional wrongdoing by Subscriber in connection with the use of a
Screening Report or arising from the Services; or
9.1.3. Subscriber's failure to comply with its obligations (a) under this Agreement or (b) under
applicable Laws in connection with the procurement or use of a Screening Report; or
9.1.4. Subscriber's employment decisions and/or hiring or evaluation criteria in connection with
Subscriber's use of a Screening Report; or
9.1.5. The content, compliance, method of delivery, or effectiveness of any notices (including
disclosure or authorization forms, pre -adverse or adverse action letters).
9.2 A -Check Indemnification: A -Check shall indemnify, defend, and hold Subscriber harmless from and
against any actual Losses incurred by Subscriber to a third party, to the extent caused directly by
the sole gross negligence or intentional wrongdoing by A -Check in preparing and transmitting a
Screening Report as determined by a final, non -appealable order of a court of competent
jurisdiction or other tribunal.
10.0 LIMITATION OF LIABILITY
10.1 Total Liabilitv:
10.1.1. A -Check Parties' total liability pursuant to this Agreement, including as a result of any
negligence on the part of any A -Check Parties, shall not exceed the fees paid by Subscriber
and collected by A -Check pursuant to this Agreement within the six (6) month period
immediately preceding the event(s) giving rise to the Losses.
10.1.2. Despite anything to the contrary in this Agreement and except for A -Check's
indemnification obligations in section 9.2, A -Check Parties' total liability to Subscriber shall
be further limited to the return of the fees paid to A -Check for the Screening Report at issue
and only to the extent that the information contained in the Screening Report is found by
A -Check or a court of competent jurisdiction or other tribunal to be the primary basis upon
which Subscriber incurred Losses.
10.2 Damages: Subscriber agrees that A -Check shall not be liable to Subscriber for any other Losses
whether arising in contract, equity, or tort (including any claim for negligence), except as expressly
agreed, and that neither party shall be liable to the other party for incidental, special, punitive,
exemplary, or consequential damages, including lost profits, lost income, or lost savings.
10.3 Limitation Recognition and No Warranty: Subscriber recognizes that A -Check provides a range of
information products, Screening Reports, and Services, each of which has a distinct scope and
limitation. Subscriber represents and warrants that it has been fully informed as to the scope and
limitation of A -Check's information products, Screening Reports, and Services, acknowledges
Subscriber's own role in selecting them, and agrees that A -Check cannot insure or guarantee their
suitability for any particular Subscriber need. Subscriber understands that A -Check obtains the
information reported in its Screening Reports from various third party sources "AS IS," and therefore
is providing the information to Subscriber "AS IS." A -Check makes no representation or warranty
whatsoever, express or implied, including but not limited to, implied warranties of merchantability
or fitness for particular purpose, or implied warranties arising from the course of dealing or a course
of performance with respect to the accuracy, validity, or completeness of any information products
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and/or consumer reports, including Screening Reports, that the information products and/or
consumer reports will meet Subscriber's needs, or will be provided on an uninterrupted basis. A -
Check expressly disclaims any and all such representations and warranties.
11.0 OWNERSHIP OF WORK PRODUCT; TITLE
All raw data assembled by A -Check or obtained from others by A -Check in connection with the Services
under this Agreement shall be the sole property of A -Check. All reports and any other documents, materials
and products prepared or assembled by A -Check or obtained from others by A -Check in connection with
the Services under this Agreement shall be the sole property of A -Check. A -Check shall be responsible for
the preservation of any and all such raw data, documents, materials and products prior to transmittal to
Subscriber.
Subscriber acknowledges that title, ownership rights and intellectual property rights in and to the A -Check
system of services shall remain A -Check's and/or its suppliers, and that all content contained in any
Screening Report is the property of the applicable content owner and may be protected by applicable
contract and/or copyright law.
12.0 GOVERNING LAW AND DISPUTE RESOLUTION
12.1 Governing Law: All questions pertaining to the validity and interpretation of this Agreement shall be
determined in accordance with the laws of the State of California applicable to agreements made
and to be performed within the state, without regard to choice of law rules.
12.2 Dispute Resolution: The parties shall attempt to amicably resolve any dispute arising in any manner
out of or relating to this Agreement or the parties' conduct in relation to the Agreement. If good faith
negotiation or mediation is not successful after a reasonable period of time as determined by either
party, any claim or dispute arising in any manner out of or relating to this Agreement or the parties'
conduct in relation to the Agreement may be resolved in a court of competent jurisdiction or if
mutually to agreed by the parties, by binding arbitration before JAMS at a venue mutually selected
by the parties. The successful or prevailing party shall be entitled to recover from the other party,
reasonable attorneys' fees and court and/or arbitration costs in addition to any other relief to which
it may be entitled. Judgment upon the award rendered by an arbitrator may be entered in any court
of having jurisdiction thereof.
13.0 MISCELLANEOUS
13.1 Assignment: Neither party shall assign this Agreement without the prior written consent of the other
party; provided, however, that A -Check shall have the right to assign or otherwise transfer this
Agreement in connection with a merger, acquisition, corporate reorganization, public stock offering,
or sale of all or substantially all of its assets. The foregoing limitation on Subscriber's ability to
assign this Agreement is due, in part, to A -Check's regulatory obligations and related customer
credentialing procedures and requirements. Notwithstanding the foregoing, this section shall not
apply to assignment by A -Check to any affiliates of A -Check.
13.2 Benefit of Agreement: This Agreement shall bind and benefit the parties hereto and their heirs,
successors and permitted assigns.
13.3 Severability; Interpretation: If any provision of this Agreement is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, the remaining provision shall nevertheless continue
in full force without being impaired or invalidated in any way. This Agreement shall be considered
drafted mutually by the parties.
13.4 Survival: All provisions of this Agreement that by their nature are reasonably intended to have effect
after termination of this Agreement (including without limitation, compliance, audit rights, privacy,
data protection, confidentiality, dispute resolution, indemnity and limitation of liability) shall survive
such termination.
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13.5 Independent Contractors: The parties will perform their obligations in this Agreement as
independent contractors. Nothing contained in this Agreement shall be deemed to create any
association, partnership, joint venture, or relationship of principal and agent between the parties.
13.6 Entire Agreement: This Agreement (which shall include all current and future exhibits hereto)
embodies the entire understanding between A -Check and Subscriber with respect to the subject
matter hereof.
13.7 Captions/Headings: The captions or headings in this Agreement are for convenience only and in
no way define, limit, or describe the scope or intent of any provisions of this Agreement.
13.8 No Waiver: No delay or omission by either party in exercising any right, power or remedy hereunder
or otherwise afforded by contract, at law, in equity or by statute, shall constitute an acquiescence
therein, impair any other right, power or remedy hereunder, or otherwise afforded by contract, at
law in equity or by statute, or operate as a waiver of such right, power or remedy.
13.9 Amendment: Except as otherwise set forth in this Agreement, this Agreement may be modified only
by a writing executed by authorized representatives of the parties.
13.10 Counterparts: Validity: The parties agree that this Agreement (and/or any of the Agreement's
mutually agreed upon exhibit(s) or amendment(s)) may be electronically signed. The parties agree
that any electronic signature appearing on this Agreement (and/or such exhibit(s) or amendment(s))
is the same as a handwritten signature thereof for the purposes of validity, enforceability, and
admissibility. Further, the parties agree that this Agreement (and/or such exhibit(s) or
amendment(s)) may be executed in counterparts, each of which shall be deemed one and the same
instrument. Moreover, the exchange of this executed Agreement (and/or such exhibit(s) or
amendment(s)) that is in photostatic or portable document format (.pdf) form by electronic mail or
by another electronic means (e.g., facsimile) shall be considered original(s) and shall constitute
effective execution and delivery of the original(s).
13.11 Signature Authority: Each party represents that this Agreement has been executed on its behalf by
a representative authorized to bind such party with respect to the undertakings and obligations
contained in this Agreement.
FOR SUBSCRIBER:
Subscriber R resentative ignature:
Print ame: Id
Rita Taylor
Title:
Town Clerk
Date:
04/25/2017
FOR A -CHECK GLOBAL:
A -Check Representative Signature:
Print Name:
Title:
Date:
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MASTER SERVICES AGREEMENT
Exhibit A
A -Check Global Subscriber Application
Company Name (Full Legal Entity Name):
Year Incorporated:
( ! � S
Federal Tax ID Number:
59-6002370
Town of Gulf Stream
Corporation Name:
Street Address:
Doing Business As - DBA (if applicable):
State:
Zip Code:
Street Address:
Fax:
City:
Sole Proprietorship/Partnerships: (Information is mandatory for set up)
`please note that it is mandatory to process a credit report on the owner of all privately held companies"
State.
Zip Code:
100 Sea Rd.
Payment Method:
❑ E -check (electronic debit) ❑ Check ❑ American Express ❑ MasterCard ❑ Visa
Gulf Stream
Contact Name:
Rebecca Tew
FL
33483
Phone:
Fax:
email:
561-276-5116
561-737-0188
rtaylor@gulf-stream.org
Business Type:
No of Employees:
Local Government- Municipality
19
Web Address 1:
Web Address 2:
www.gulf-stream.org
Subscriber Corporation Information
Company Type: ❑ Individual ❑ Partnership ❑ LLC ❑ Corporation ❑ Sub -Chapter S. Corp
Year Incorporated:
( ! � S
Federal Tax ID Number:
59-6002370
Corporations Only: Enter Corporate Headquarters Information
"please include corporation/parent name if different than subsidiary'
Corporation Name:
Street Address:
City:
State:
Zip Code:
Phone:
Fax:
email:
Sole Proprietorship/Partnerships: (Information is mandatory for set up)
`please note that it is mandatory to process a credit report on the owner of all privately held companies"
Primary Owner's Full Name:
Primary Owner's Social Security Number:
Primary Owner's email address:
Payment Method:
❑ E -check (electronic debit) ❑ Check ❑ American Express ❑ MasterCard ❑ Visa
Main Contact Information
Contact Name:
Rebecca Tew
Contact Title:
Accountant
Contact Phone:
561-276-5116
Contact Fax:
561-737-0188
Contact Email:
rtew@gulf-stream.org
Street Address:
100 Sea Rd.
City:
Gulf Stream
State:
FL
Zip Code:
33483
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MASTER SERVICES AGREEMENT
Subscriber Corporate Information (cont.)
Banking Information
Bank Name:
Flagler Bank
Bank Contact Name:
David Lumbert
Street Address:
City:
State:
Zip Code:
1801 Forest Hill Blvd.
West Palm Beach
FL
33406
Phone:
Fax:
email:
561-432-2122
561-432-2123
dlumbertCoDFlaolerbankusa.com
Date Account Opened:
Type of Account:
Account Number:
Dec. 2016
Checking
Date Account Opened:
Type of Account:
Account Number:
Dec. 2016
Money Markel Account
Terms and Conditions
1. All invoices are to be paid upon receipt, except if different payment terms are specified in the A -Check Global
Master Services Agreement, such terms shall prevail.
2. Claims arising from invoices must be made within seven (7) working days.
3. By applying for credit, you authorize A -Check Global to check your credit history with a credit reporting agency.
4. By submitting this application, you authorize A -Check Global or its agents to make an inquiry into the bank
reference that you have supplied.
Subscriber Authorization
Name:
Title:
Rita Taylor
Town Clerk
Signature: `
Date:
05/03/2017
FrI
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Exhibit C
Subscriber Certification of Additional Obligations
In compliance with the Fair Credit Reporting Act ("FCRA") and applicable state law, ("Subscriber") hereby
certifies the following to A -Check:
Subscriber will only obtain a "consumer report" or "investigative consumer report" from A -Check for a permissible
purpose under the FCRA and not for any other purpose.
Prior to causing a "consumer report" or an "investigative consumer report" to obtained for a permissible purpose
under the FCRA, a clear and conspicuous disclosure, in a document consisting solely of the disclosure, has
been made in writing to the consumer. The disclosure explained that a consumer report and/or an investigative
consumer report may be obtained for employment purposes, and such disclosure was presented to the
consumer before the report was procured or caused to be procured. The disclosure satisfied all requirements
identified in the FCRA as well as any applicable state or local laws. The consumer has authorized in writing the
obtaining of the report by Subscriber. Subscriber understands that A -Check will not initiate a report in the
absence of a written authorization. Subscriber certifies that each time it orders a report, Subscriber is reaffirming
the above certification.
Should the consumer make a written request within a reasonable amount of time, Subscriber will provide:
• Information about whether an investigative consumer report has been requested;
• If an investigative consumer report has been requested, written disclosure of the nature and scope of the
investigation requested; and
• The name and address of the outside agency to whom requests for any of these reports has been made.
• This information will be provided no later than five (5) days after the date on which the request for such
disclosure was received from the consumer or such report was first requested.
Should the consumer be denied employment, or other adverse action taken, in whole or in part on the basis of
the report, Subscriber will provide to the applicant or employee:
1. A copy of the report; and
2. A description, in writing, of the rights of the consumer entitled: "A Summary of Your Rights Under the
Fair Credit Reporting Act" as well as any applicable state law rights.
Before taking adverse action based on a criminal record the EEOC Criminal History Guidance recommends
that you perform an individualized assessment and or other considerations. To obtain a copy of the EEOC
Criminal History Guidance please go to the following website:
http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm.
• Subscriber will comply or has complied at all times with the FCRA and all applicable local, state, and federal
laws and regulations relating to the use of the background information including but not limited to equal
employment laws and regulations.
• Subscriber hereby acknowledges receipt of Notice to Users of Consumer Reports: Obligations of Users Under
the Fair Credit Reporting Act and Summary of Consumer Rights Under the Fair Credit Reporting Act and agrees
to comply with the terms and conditions contained therein.
Subscriber agrees that the reports and information contained in the reports is confidential and will employ
appropriate data security procedures to ensure that they are only used for the permissible purpose described
herein.
• Subscriber hereby certifies that, under the Investigative Consumer Reporting Agencies Act ("ICRA"), California
Civil Code Sections 1786 et seq., and the Consumer Credit Reporting Agencies Act ("CCRAA"), California Civil
Code Sections 1785.1 et seq., if the Subscriber is located in the State of California, and/or the Subscriber's
request for and/or use of Screening Reports ("Information Products") pertains to a California resident or worker,
Subscriber as an end user will do the following:
(i) Request and use Information Products solely for permissible purpose(s) identified under California
Civil Code Sections 1785.11 and 1786.12.
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MASTER SERVICES AGREEMENT
(ii) When, at any time, Information Products are sought for employment purposes other than suspicion
of wrongdoing or misconduct by the consumer who is the subject of the investigation, provide a clear and
conspicuous disclosure in writing to the consumer, which solely discloses: (1) that an investigative
Information Products may be obtained; (2) the permissible purpose of the investigative Information
Products; (3) that information on the consumer's character, general reputation, personal characteristics and
mode of living may be disclosed; and (4) the name, address, telephone number, and website of the
Consumer Reporting Agency conducting the investigation; and (5) the nature and scope of the investigation
requested, including a summary of the provisions of California Civil Code Section 1786.22.
(iii) When, at any time, Information Products are sought for employment purposes other than suspicion
of wrongdoing or misconduct by the consumer who is the subject of the investigation, only request an
Information Product if the applicable consumer has authorized in writing the procurement of the Information
Product.
(iv) When Information Products are sought in connection with the hiring of a dwelling unit, notify the
consumer in writing that an Information Product will be made regarding the consumer's character, general
reputation, personal characteristics. The notification shall include the name and address of end user as
well as a summary of the provisions of California Civil Code Section 1786.22, no later than three (3) days
after the date on which the Information Product was first requested.
(v) When Information Products are sought in connection with the underwriting of insurance, clearly and
accurately disclose in writing at the time the application form, medical form, binder, or similar document is
signed by the consumer that an Information Product regarding the consumer's character, general
reputation, personal characteristics, and mode of living may be made, or, if no signed application form,
medical form, binder, or similar document is involved in the underwriting transaction, the disclosure shall
be made to the consumer in writing and mailed or otherwise delivered to the consumer not later than three
(3) days after the report was first requested. The disclosure shall include the name and address of end
user, the nature and scope of the investigation requested, and a summary of the provisions of California
Civil Code Section 1786.22.
(vi) Provide the consumer a means by which he/she may indicate on a written form, by means of a box
to check, that the consumer wishes to receive a copy of any Information Products that are prepared.
(vii) If the consumer wishes to receive a copy of the Information Products, the end user shall send (or
contract with another entity to send) a copy of the Information Product to the consumer within three (3)
business days of the date that the Information Product is provided to end user. The copy of the Information
Product shall contain the name, address, and telephone number of the person at end user who issued the
report and how to contact him/her.
(viii) Under all applicable circumstances, comply with California Civil Code Sections 1785.20 and 1786.40
if the taking of adverse action is a consideration, which shall include, but may not be limited to, advising the
consumer against whom an adverse action has been taken that the adverse action was based in whole or
in part upon information contained in the Information Product, informing the consumer in writing of end
user's name, address, and telephone number, and provide the consumer of a written notice of his/her rights
under the ICRA and the CCRAA.
(ix) Comply with all other requirements under applicable California law, including, but, not limited to any
statutes, regulations and rules governing the procurement, use and/or disclosure of any Information
Products, including, but not limited to, the ICRA and CCRAA.
Subsc ' er Representative Signature:
Print Name: Lq
Rita Taylor
Title:
Town Clerk
Date:
04/25/2017
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MASTER SERVICES AGREEMENT
Exhibit D
Access Security Agreement & Acknowledgement of FCRA Compliance Requirements
We must work together to protect the privacy of consumers. The following requirements are designed to reduce unauthorized access of Consumer Credit
Reports and other private information. By signing this document, you, the "Subscriber," agree to follow the measures below:
1. You will protect your A -Check log -in ID and password(s) so that
only you know this sensitive information. Unauthorized persons
should never have knowledge of your log -in ID and password(s).
Do not post this information in any manner within your facility.
2. Systems access software, whether developed by your
organization or purchased from a third party vendor, must have
your A -Check log -in ID and password(s) "hidden" or embedded
and be known only by authorized supervisory personnel.
3. Do not discuss your A -Check log -in ID and password(s) by
telephone with any unknown caller, even if the caller claims to be
an employee of A -Check.
4. Restrict the ability to obtain consumer Information with your login
ID and password to yourself.
5. Place all terminal devices used to obtain consumer reports and/or
credit information In a secure location within your facility. Secure
these devices so that unauthorized persons cannot easily access
them. Log off the system when not In use.
6. After normal business hours, log off the system and properly
secure and power down all devices or systems used to obtain
consumer reports and/or credit information.
7. Secure hard copies and electronic files of consumer reports within
your facility so unauthorized persons cannot easily access them.
S. Disposal of printed reports: Shred or destroy all hand copy
consumer reports when no longer needed.
9. Erase or scramble electronic files containing consumer
information when no longer needed and when applicable
regulation(s) permit destruction.
10. You can access consumer report and/or credit Information only
for the permissible purposes listed in Legally Permissible
Employment Purpose section of the Master Services Agreement
signed by your organization's representative. You may not access
your own report or the report of a family member or friend if you
do not have a pernisslble purpose.
11. Each log -in ID and password is unique to each user of the system
and not transferable. Log -in IDs and passwords are not to be
shared. Individuals who share log -in IDs / passwords may lose
access privileges to the system, and expose your organization
and ours to potential liability.
FCRA REQUIREMENTS
In compliance with the FCRA as amended by the Consumer
Reporting Act of 1996, Subscriber hereby certifies to A -Check that
Subscriber will comply with the following provisions:
1. Subscriber certifies that prior to procurement or causing the
procurement of a consumer report for employment purposes:
a.) a clear and conspicuous disclosure has been made In writing
to the consumer at any time before the report is procured or
caused to be procured, in a document that consists solely of
the disclosure, that a consumer report may be obtained for
employment purposes; and
b.) the consumer has authorized In writing (which authorization
may be made on the document referred to in Section 1.a.
above) the procurement of the report by the Subscriber.
2. In using a consumer report for employment purposes, before taking
any adverse action based in whole or in part on the report,
Subscriber certifies that it shall provide to the consumer to whom
the report relates:
a.) A copy of the report; and
b.) a description In writing of the rights of the consumer under
the Act, a copy of which Is attached hereto as Exhibit E
"Summary of Consumer Rights."
c.) Provide oral, written or electronic notice of the Intended
adverse action to the consumer, as defined by Section 615
of the FCRA (A -Check will provide you with sample Adverse
Action letters that will fulfill this obligation).
d.) The Information from the consumer report will not be used In
violation of any applicable federal or state consumer
reporting or equal employment opportunity law or regulation.
3. Subscriber certifies It has reviewed Exhibit F "Notice to Users of
Consumer Reports: Obligations of Users under FCRA,"
attached hereto and available online at: www.acheckolobal.com,
4. Record Retention: It Is important that you keep all Disclosure,
Authorization, and Adverse Action documents for a period of no
less than five (5) years, six (6) recommended as the statute of
limitation for the Fair Credit Reporting Act is five [5) years.
Under Section 621 (a)(2)(A) of the Fair Credit Reporting Act
("'FCRA"), any person that violates any of the provisions of the
FCRA may be liable for a civil penalty of not more than $3,500 per
violation.
Subscriber hereby acknowledges receipt of Exhibit E "Summary of Consumer Rights" and Exhibit F "Notice to Users of Consumer
Reports: Obligations of Users Under FCRA."
Print Name:
Print Title:
Rita Taylor
Town Clerk
Signature
:0 `
Date:
04/25/2017
Telephone:
Email:
( 561 ) 276 - 5116
rtaylor@gulf-stream.org
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Exhibit E
Summary of Consumer Rights Under the Fair Credit Reporting Act
Para informacidn an espanol, visite www.consumerfinance.aov/learnmore o ascribe a la
Consumer Financial Protection Bureau, 1700 G Street N. W, Washington, DC 20552.
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 the 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.consumerfiinance.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.consumertinance.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 from the lists these offers are based on. You may opt -out with the nationwide credit bureaus at 1-888-567-
8688.
• 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.consumerrinance.gov/learnmore.
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Exhibit E
Summary of Consumer Rights Under the Fair Credit Reporting Act
Para informacidn an espanol, visite www.consumefiinance.aov/leammore o ascribe a Is
Consumer Financial Protection Bureau, 1700 G Street N. W, Washington, DC 20552.
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
a. Consumer Financial Protection Bureau
assets of over $10 billion and their affiliates
1700 G Street NW
Washington, DC 20552
b. Such affiliates that are not banks, savings associations, or
credil unions also should list, in addition to the CFPB:
b. Federal Trade Commission: Consumer Response Center—
FCRA
Washington, DC 20580
(877)382-4357
2. To the extent not included in item 1 above:
a. Office of the Comptroller of the Currency
Customer Assistance Group
a. National banks, federal savings associations, and federal
1301 McKinney Street, Suite 3450
branches and federal agencies of foreign banks
Houston, TX 77010-9050
b. State member banks, branches and agencies of foreign
b. Federal Reserve Consumer Help Center
banks (other than federal branches, federal agencies, and
P.O. Box 1200
Insured State Branches of Foreign Banks), commercial lending
Minneapolis, MN 55480
companies owned or controlled by foreign banks, and
c. FDIC Consumer Response Center
organizations operating under section 25 or 25A of the Federal
1100 Walnut Street, Box #11
Reserve Act
Kansas City, MO 64106
c. Nonmember Insured Banks, Insured State Branches of
d. National Credit Union Administration
Foreign
Banks, and insured state savings associations
Office of Consumer Protection (OCP)
Division of Consumer Compliance and Outreach (DCCO)
d. Federal Credit Unions
1775 Duke Street
Alexandria, VA 22314
Asst. General Counsel for Aviation Enforcement & Proceedings
Aviation Consumer Protection Division
3. Air carriers
Department of Transportation
120D New Jersey Avenue, S.E.
Washington, DC 20590
Office of Proceedings, Surface Transportation Board
4. Creditors Subject to the Surface Transportation Board
Department of Transportation
395 E. Street, S.W.
Washington, DC 20423
5. Creditors Subject to Packers and Stockyards Act, 1921
Nearest Packers and Stockyards Administration area supervisor
Associate Deputy Administrator for Capital Access
6. Small Business Investment Companies
United States Small Business Administration
409 Third Street, SW, 8th Floor
Washington, DC 20416
Securities and Exchange Commission
7. Brokers and Dealers
100 F St., N.E.
Washington, DC 20549
B. Federal Land Banks, Federal Land Bank Associations,
Farm Credit Administration
Federal
1501 Farm Credit Drive
Intermediate Credit Banks, and Production Credit Associations
McLean, VA 22102-5090
FTC Regional Office for region in which the creditor operates or
9. Retailers, Finance Companies, and All Other Creditors Not
Federal Trade Commission: Consumer Response Center— FCRA
Listed Above
Washington, DC 20580
877 3824357
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Exhibit F
Notice of Users of Consumer Reports: Obligations of Users Under 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.
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/ieammore. 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 CFPB'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 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)(3NFNii)
• 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)fD)
• 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(aH5)
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 II
below.
B. Users Must Provide Certifications
Section 604(9 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 an 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:
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• 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 consumers 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(bx1) 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(bx2) 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.
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/leammore.
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 are available at www.consumerfinance.gov/leammore.
IL 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 CFPB.
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 the 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.
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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 consumers 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 consumers 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 orthe 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 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(1). 604(c) 604(e). and 614(d). This practice is known as "preConsumer"
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 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:
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• 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 Consumer or any applicable criteria bearing on creditworthiness 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, the CFPB has established the format, type size, and manner of the disclosure required by Section 615(d), with which
users must comply. The 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 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 website 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. § 1618 at seq.:
Section 602
15 U.S.C.
1681
Section 615
15 U.S.C.
1681m
Section 603
15 U.S.C.
1661a
Section 616
15 U.S.C.
1681n
Section 604
15 U.S.C.
1681b
Section 617
15 U.S.C.
16810
Section 605
15 U.S.C.
1681c
Section 618
15 U.S.C.
1681p
Section 605A
15 U.S.C.
1681c -A
Section 619
15 U.S.C.
1681q
Section 605B
15 U.S.C.
1681c -B
Section 620
15 U.S.C.
1681r
Section 606
15 U.S.C.
1681d
Section 621
15 U.S.C.
1681s
Section 607
15 U.S.C.
1681e
Section 622
15 U.S.C.
1681s-1
Section 608
15 U.S.C.
1681f
Section 623
15 U.S.C.
1681s-2
Section 609
15 U.S.C.
1681g
Section 624
15 U.S.C.
1681t
Section 610
15 U.S.C.
1681h
Section 625
15 U.S.C.
1681u
Section 611
15 U.S.C.
16811
Section 626
15 U.S.C.
1681v
Section 612
15 U.S.C.
16B1j
Section 627
15 U.S.C.
1681w
Section 613
15 U.S.C.
1681k
Section 628
15 U.S.C.
1681x
Section 614
15 U.S.C.
16811
Section 629
15 U.S.C.
1681y
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