Common use of California Users Clause in Contracts

California Users. Provisions of the California Consumer Credit Reporting Agencies Act, as amended effective July 1, 1998, will impact the provision of consumer reports to Client under the following circumstances: (a) if Client is a “retail seller” (defined in part by California law as “a person engaged in the business of selling goods or services to retail buyers”) and is selling to a “retail buyer” (defined as “a person who buys goods or obtains services from a retail seller in a retail installment sale and not principally for purpose of resale”) and a consumer about whom Client is inquiring is applying, (b) in person and (c) for credit. Under the foregoing circumstances, ACRAnet, before delivering a Consumer Report to Client, must match at least three (3) items of a consumer’s identification within the file maintained by the Data Providers with the information provided to Data Provider’s via ACRAnet by Client in connection with the in-person credit transaction. Compliance with this law further includes Client’s inspection of the photo identification of each consumer who applies for in-person credit, mailing extensions of credit to consumer responding to a mail solicitation at a specified address, taking special actions regarding a consumer’s presentment of a police report regarding fraud, and acknowledging consumer demands for reinvestigations within certain time frames. If Client is a “retail seller,” Client certifies that it will instruct its employees to inspect a photo identification of the consumer at the time an application is submitted in person. If Client is not currently, but subsequently becomes a “retail seller,” Client agrees to provide written notice to ACRAnet prior to ordering Consumer Reports in connection with an in-person credit transaction, and agrees to comply with the requirements of the California law as outlined in this Attachment, and with the specific certifications set forth herein. Client certifies that, as a “retail seller,” it will either (a) acquire a new Client subscriber number for use in processing Consumer Report inquiries that result from in-person credit applications covered by California law, with the understanding that all inquiries using this new Client Subscriber number will require that Client supply at least three items of identifying information form the applicant; or (b) contact Client’s ACRAnet sales representative to ensure that Client’s existing client number is properly coded for these transactions. Client acknowledges that it subscribes to receive various information services from ACRAnet, Inc. in accordance with the Vermont Fair Credit Reporting Statute, 9 V.S.A. §2480e (1999), as amended (the “VFCRA”) and the Federal Fair Credit Reporting Act, 15, U.S.C. 1681 et. Seq., as amended (the “FCRA”) and its other state law counterparts. In connection with Client’s continued use of ACRAnet services in relation to Vermont consumers, Client herby certifies as follows: V ermont Certification. Client certifies that it will comply with the applicable provisions under Vermont law. In particular, Client certifies that it will order certain information relating to Vermont residents, that are Consumer Reports as defined by the VFCRA, only after Client has received prior consumer consent in accordance with the VFCRA § 2480e and applicable Vermont Rules. Client further certifies that the attached copy § 2480e of the Vermont Fair Credit Reporting Statute was received from ACRAnet.

California Users. Provisions of the California Consumer Credit Reporting Agencies Act, as amended effective July 1, 1998, will impact the provision of consumer reports to Client under the following circumstances: (a) if Client is a “retail seller” (defined in part by California law as “a person engaged in the business of selling goods or services to retail buyers”) and is selling to a “retail buyer” (defined as “a person who buys goods or obtains services from a retail seller in a retail installment sale and not principally for purpose of resale”) and a consumer about whom Client is inquiring is applying, (b) in person and (c) for credit. Under the foregoing circumstances, ACRAnet, before delivering a Consumer Report to Client, must match at least three (3) items of a consumer’s identification within the file maintained by the Data Providers with the information provided to Data Provider’s via ACRAnet by Client in connection with the in-person credit transaction. Compliance with this law further includes Client’s inspection of the photo identification of each consumer who applies for in-person credit, mailing extensions of credit to consumer responding to a mail solicitation at a specified address, taking special actions regarding a consumer’s presentment of a police report regarding fraud, and acknowledging consumer demands for reinvestigations within certain time frames. If Client is a “retail seller,” Client certifies that it will instruct its employees to inspect a photo identification of the consumer at the time an application is submitted in person. If Client is not currently, but subsequently becomes a “retail seller,” Client agrees to provide written notice to ACRAnet prior to ordering Consumer Reports in connection with an in-person credit transaction, and agrees to comply with the requirements of the California law as outlined in this Attachment, and with the specific certifications set forth herein. Client certifies that, as a “retail seller,” it will either (a) acquire a new Client subscriber number for use in processing Consumer Report inquiries that result from in-person credit applications covered by California law, with the understanding that all inquiries using this new Client Subscriber number will require that Client supply at least three items of identifying information form the applicant; or (b) contact Client’s ACRAnet sales representative to ensure that Client’s existing client number is properly coded for these transactions. Client acknowledges that it subscribes to receive various information services from ACRAnet, Inc. in accordance with the Vermont Fair Credit Reporting Statute, 9 V.S.A. §2480e (1999), as amended (the “VFCRA”) and the Federal Fair Credit Reporting Act, 15, U.S.C. 1681 et. Seq., as amended (the “FCRA”) and its other state law counterparts. In connection with Client’s continued use of ACRAnet services in relation to Vermont consumers, Client herby certifies as follows: V ermont Certification. Client certifies that it will comply with the applicable provisions under Vermont law. In particular, Client certifies that it will order certain information relating to Vermont residents, that are Consumer Reports as defined by the VFCRA, only after Client has received prior consumer consent in accordance with the VFCRA § 2480e and applicable Vermont Rules. Client further certifies that the attached copy § 2480e of the Vermont Fair Credit Reporting Statute was received from ACRAnet.: