Common use of LIABILITY FOR VIOLATIONS OF THE FCRA Clause in Contracts

LIABILITY FOR VIOLATIONS OF THE FCRA. Failure to comply with the FCRA can result in state or federal enforcement actions, as well as private lawsuits. 621. In addition, any person who knowingly and willfully obtains a consumer report under false pretenses may face criminal prosecution. Section 619 The prescribed form for this summary is as a separate document, on paper no smaller than 8x11 inches in size, with text no less than 12-point type (8-point for the chart of federal agencies), in bold or capital letters as indicated. The form in this appendix prescribes both the content and the sequence of items in the required summary. A summary may accurately reflect changes in numerical items that change over time (e.g., dollar mounts, or phone numbers and addresses of federal agencies), and remain in compliance. The federal Fair Credit Reporting Act (FCRA) is designed to promote accuracy, fairness, and privacy of information in the files of every "consumer reporting agency" (CRA). Most CRAs are credit bureaus that gather and sell information about you -- such as if you pay your bills on time or have filed bankruptcy -- to creditors, employers, landlords, and other businesses. You can find the complete text of the FCRA, 15 U.S.C. 1681-1681u, at the Federal Trade Commission's web site (xxxx://xxx.xxx.xxx). The FCRA gives you specific rights, as outlined below. You may have additional rights under state law. You may contact a state or local consumer protection agency or a state attorney general to learn those rights.  You must be told if information in your file has been used against you. Anyone who uses information from a CRA to take action against you -- such as denying an application for credit, insurance, or employment -- must tell you, and give you the name, address, and phone number of the CRA that provided the consumer report.  You can find out what is in your file. At your request, a CRA must give you the information in your file, and a list of everyone who has requested it recently. There is no charge for the report if a person has taken action against you because of information supplied by the CRA, if you request the report within 60 days of receiving notice of the action. You also are entitled to one free report every twelve months upon request if you certify that (1) you are unemployed and plan to seek employment within 60 days, (2) you are on welfare, or (3) your report is inaccurate due to fraud. Otherwise, a CRA may charge you up to eight dollars.  You can dispute inaccurate information with the CRA. If you tell a CRA that your file contains inaccurate information, the CRA must investigate the items (usually within 30 days) by presenting to its information source all relevant evidence you submit, unless your dispute is frivolous. The source must review your evidence and report its findings to the CRA. (The source also must advise national CRAs -- to which it has provided the data -- of any

LIABILITY FOR VIOLATIONS OF THE FCRA. Failure to comply with the FCRA can result in state or federal enforcement actions, as well as private lawsuits. Sections 616, 617, and 621. In addition, any person who knowingly and willfully obtains a consumer report under false pretenses may face criminal prosecution. Section 619 The prescribed form for this summary is as 5 of 5 Para informacion en espanol, visite xxx.xxx.xxx/xxxxxx o escribe a separate documentla FTC Consumer Response Center, on paper no smaller than 8x11 inches in sizeRoom 130-A 000 Xxxxxxxxxxxx Xxx. X.X., with text no less than 12-point type (8-point for the chart of federal agencies)Xxxxxxxxxx, in bold or capital letters as indicated. The form in this appendix prescribes both the content and the sequence of items in the required summary. A summary may accurately reflect changes in numerical items that change over time (e.g., dollar mounts, or phone numbers and addresses of federal agencies), and remain in complianceX.X. 00000. The federal Fair Credit Reporting Act (FCRA) is designed to promote promotes the accuracy, fairness, and privacy of information in the files of every "consumer reporting agency" (CRA)agencies. Most CRAs There are many types of consumer reporting agencies, including credit bureaus and specialty agencies (such as agencies that gather and sell information about you -- such as if you pay your bills on time or have filed bankruptcy -- to creditorscheck writing histories, employers, landlordsmedical records, and other businessesrental history records). You can find the complete text Here is a summary of your major rights under the FCRA. For more information, 15 U.S.C. 1681including information about additional rights, go to xxx.xxx.xxx/xxxxxx or write to: Consumer Response Center, Xxxx 000-1681uX, at the Federal Trade Commission's web site (xxxx://xxx.xxx.xxx), 000 Xxxxxxxxxxxx Xxx. The FCRA gives you specific rightsX.X., as outlined belowXxxxxxxxxx, X.X. 00000. You may have additional rights under state law. You may contact a state or local consumer protection agency or a state attorney general to learn those rights.  • You must be told if information in your file has been used against you. Anyone who uses information from a CRA credit report or another type of consumer report to take action against you -- such as denying an 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 CRA agency that provided the consumer reportinformation.  • You can find out have the right to know what is in your file. At your request, a CRA must give you You may request and obtain all the information about you in the files of a consumer reporting agency (your file“file disclosure”). You will be required to provide proper identification, and which may include your Social Security number. In many cases, the disclosure will be free. You are entitled to a list of everyone who has requested it recently. There is no charge for the report if free file disclosure if: • a person has taken adverse action against you because of information supplied by in your credit report; • you are the CRA, if victim of identify theft and place a fraud alert in your file; • your file contains inaccurate information as a result of fraud; • you request the report are on public assistance; • you are unemployed but expect to apply for employment within 60 days of receiving notice of the actiondays. You also are In addition, by September 2005 all consumers will be entitled to one free report disclosure every twelve 12 months upon request if from each nationwide credit bureau and from nationwide specialty consumer reporting agencies. See xxx.xxx.xxx/xxxxxx 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 certify that (1) will have to pay for it. In some mortgage transactions, you are unemployed and plan will receive credit score information for free from the mortgage lender. • You have the right to seek employment within 60 days, (2) you are on welfare, dispute incomplete or (3) your report is inaccurate due to fraud. Otherwise, a CRA may charge you up to eight dollars.  You can dispute inaccurate information with the CRAinformation. If you tell a CRA that identify information in your file contains inaccurate informationthat is incomplete or inaccurate, and report it to the consumer reporting agency, the CRA agency must investigate the items (usually within 30 days) by presenting to its information source all relevant evidence you submit, unless your dispute is frivolous. See xxx.xxx.xxx/xxxxxx 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 source FCRA specifies those with a valid need for access. • You must review give your evidence and report its findings 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 CRAemployer. Written consent generally is not required in the trucking industry. For more information, go to xxx.xxx.xxx/xxxxxx. • 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 1-888-5-OPTOUT (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 xxx in state or federal court. • Identity theft victims and active duty military personnel have additional rights. For more information, visit xxx.xxx.xxx/xxxxxx. Consumer reporting agencies, creditors and others not listed below Federal Trade Commission: Xxxxxxxx Xxxxxxxx Xxxxxx - XXXX Xxxxxxxxxx, XX 00000 1-877-382-4357 National banks, federal branches/agencies of foreign banks (word "National" or initials "N.A." appear in or after bank's name) Office of the Comptroller of the Currency Compliance Management, Mail Stop 6-6 Xxxxxxxxxx, XX 00000 800-613-6743 Federal Reserve System member banks (except national banks, and federal branches/agencies of foreign banks) Federal Reserve Consumer Help (FRCH) X X Xxx 0000 Xxxxxxxxxxx, XX 00000 Telephone: 000-000-0000 Website Address: xxx.xxxxxxxxxxxxxxxxxxxxxxxxxx.xxx Email Address: XxxxxxxxXxxx@XxxxxxxXxxxxxx.xxx Savings associations and federally chartered savings banks (word "Federal" or initials "F.S.B." appear in federal institution's name) Xxxxxx xx Xxxxxx Xxxxxxxxxxx Xxxxxxxx Xxxxxxxxxx Xxxxxxxxxx, XX 00000 800-842-6929 Federal credit unions (words "Federal Credit Union" appear in institution's name) National Credit Union Administration 0000 Xxxx Xxxxxx Xxxxxxxxxx, XX 00000 703-519-4600 State-chartered banks that are not members of the Federal Reserve System Federal Deposit Insurance Corporation Consumer Response Center, 0000 Xxxxx Xxxxxx, Xxxxx 000 Xxxxxx Xxxx, Xxxxxxxx 00000-0000 1-877-275-3342 Air, surface, or rail common carriers regulated by former Civil Aeronautics Board or Interstate Commerce Commission Department of Transportation , Office of Financial Management Xxxxxxxxxx, XX 00000 202-366-1306 Activities subject to the Packers and Xxxxxxxxxx Xxx, 0000 Department of Agriculture Office of Deputy Administrator - GIPSA Xxxxxxxxxx, XX 00000 202-720-7051 Para informacion en espanol, visite xxx.xxx.xxx/xxxxxxx o escribe a la FTC, Consumer Response Center, Room 130-B, 000 Xxxxxxxxxxxx Xxxxxx, X.X. Xxxxxxxxxx, X.X., 00000. You are receiving this information because you have notified a consumer reporting agency that you believe that you are a victim of identity theft. Identity theft occurs when someone uses your name, Social Security number, date of birth, or other identifying information, without authority, to commit fraud. For example, someone may have committed identity theft by using your personal information to open a credit card account or get a loan in your name. For more information, visit xxx.xxx.xxx/xxxxxxx or write to: FTC, Consumer Response Center, Room 130-B, 000 Xxxxxxxxxxxx Xxxxxx, X.X. Xxxxxxxxxx, X.X., 00000. The source Fair Credit Reporting Act (FCRA) gives you specific rights when you are, or believe that you are, the victim of identity theft. Here is a brief summary of the rights designed to help you recover from identity theft. 1. You have the right to ask that nationwide consumer reporting agencies place “fraud alerts” in your file to let potential creditors and others know that you may be a victim of identity theft. A fraud alert can make it more difficult for someone to get credit in your name because it tells creditors to follow certain procedures to protect you. It also may delay your ability to obtain credit. You may place a fraud alert in your file by calling just one of the three nationwide consumer reporting agencies. As soon as that agency processes your fraud alert, it will notify the other two, which then also must advise national CRAs -- place fraud alerts in your file. 2. You have the right to which free copies of the information in your file (your “file disclosure”). An initial fraud alert entitles you to a copy of all the information in your file at each of the three nationwide agencies, and an extended alert entitles you to two free file disclosures in a 12-month period following the placing of the alert. These additional disclosures may help you detect signs of fraud, for example, whether fraudulent accounts have been opened in your name or whether someone has reported a change in your address. Once a year, you also have the right to a free copy of the information in your file at any consumer reporting agency, if you believe it has provided inaccurate information due to fraud, such as identity theft. You also have the data -- ability to obtain additional free file disclosures under other provisions of anythe FCRA. See xxx.xxx.xxx/xxxxxx. 3. You have the right to obtain documents relating to fraudulent transactions made or accounts opened using your personal information. A creditor or other business must give you copies of applications and other business records relating to transactions and accounts that resulted from the theft of your identity, if you ask for them in writing. A business may ask you for proof of your identity, a police report, and an affidavit before giving you the documents. It also may specify an address for you to send your request. Under certain circumstances, a business can refuse to provide you with these documents. See xxx.xxx.xxx/xxxxxxx. 4. You have the right to obtain information from a debt collector. If you ask, a debt collector must provide you with certain information about the debt you believe was incurred in your name by an identity thief – like the name of the creditor and the amount of the debt. 5. If you believe information in your file results from identity theft, you have the right to ask that a consumer reporting agency block that information from your file. An identity thief may run up bills in your name and not pay them. Information about the unpaid bills may appear on your consumer report. Should you decide to ask a consumer reporting agency to block the reporting of this information, you must identify the information to block, and provide the consumer reporting agency with proof of your identity and a copy of your identity theft report. The consumer reporting agency can refuse or cancel your request for a block if, for example, you don’t provide the necessary documentation, or where the block results from an error or a material misrepresentation of fact made by you. If the agency declines or rescinds the block, it must notify you. Once a debt resulting from identity theft has been blocked, a person or business with notice of the block may not sell, transfer, or place the debt for collection. 6. You also may prevent businesses from reporting information about you to consumer reporting agencies if you believe the information is a result of identity theft. To do so, you must send your request to the address specified by the business that reports the information to the consumer reporting agency. The business will expect you to identify what information you do not want reported and to provide an identity theft report. To learn more about identity theft and how to deal with its consequences, visit xxx.xxx.xxx/xxxxxxx, or write to the FTC. You may have additional rights under state law. For more information, contact your local consumer protection agency or your state attorney general. In addition to the new rights and procedures to help consumers deal with the effects of identity theft, the FCRA has many other important consumer protections. They are described in more detail at xxx.xxx.xxx/xxxxxx.

LIABILITY FOR VIOLATIONS OF THE FCRA. Failure to comply with the FCRA can result in state or federal enforcement actions, as well as private lawsuits. Sections 616, 617, and 621. In addition, any person who knowingly and willfully obtains a consumer report under false pretenses may face criminal prosecution. Section 619 The prescribed form for this summary is as a separate document, on paper no smaller than 8x11 inches in size, with text no less than 12-point type (8-point for the chart of federal agencies), in bold or capital letters as indicated. The form in this appendix prescribes both the content and the sequence of items in the required summary. A summary may accurately reflect changes in numerical items that change over time (e.g., dollar mounts, or phone numbers and addresses of federal agencies), and remain in compliance. The federal Fair Credit Reporting Act (FCRA) is designed to promote promotes the accuracy, fairness, and privacy of information in the files of every "consumer reporting agency" (CRA)agencies. Most CRAs There are many types of consumer reporting agencies, including credit bureaus and specialty agencies (such as agencies that gather and sell information about you -- such as if you pay your bills on time or have filed bankruptcy -- to creditorscheck writing histories, employers, landlordsmedical records, and other businessesrenatl history records). You can find the complete text Here is a summary of your major rights under the FCRA. For more information, 15 U.S.C. 1681including information about additional rights, go to xxx.xxx.xxx/xxxxxx or write to: Consumer Response Center, Xxxx 000-1681uX, at the Federal Trade Commission's web site (xxxx://xxx.xxx.xxx), 000 Xxxxxxxxxxxx Xxx. The FCRA gives you specific rightsX.X., as outlined belowXxxxxxxxxx, X.X. 00000. You may have additional rights under state law. You may contact a state or local consumer protection agency or a state attorney general to learn those rights.  • You must be told if information in your file has been used against you. Anyone who uses information from a CRA credit report or another type of consumer report to take action against you -- such as denying an 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 CRA agency that provided the consumer reportinformation.  • You can find out have the right to know what is in your file. At your request, a CRA must give you You may request and obtain all the information about you in the files of a consumer reporting agency (your file“file disclosure”). You will be required to provide proper identification, and which may include your Social Security number. In many cases, the disclosure will be free. You are entitled to a list of everyone who has requested it recently. There is no charge for the report if free file disclosure if: a) a person has taken adverse action against you because of information supplied by in your credit report; b) you are the CRA, if victim of identity theft and place a fraud alert in your file; c) your file contains inaccurate information as a result of fraud; d) you request the report are on public assistance; e) you are unemployed but expect to apply for employment within 60 days of receiving notice of the actiondays. You also are In addition, effective September 2005 all consumers will be entitled to one free report disclosure every twelve 12 months upon request if from each nationwide credit bureau and from nationwide specialty consumer reporting agencies. • 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 certify that (1) will have to pay for it. In some mortgage transactions, you are unemployed and plan will receive credit score information for free from the mortgage lender. • You have the right to seek employment within 60 days, (2) you are on welfare, dispute incomplete or (3) your report is inaccurate due to fraud. Otherwise, a CRA may charge you up to eight dollars.  You can dispute inaccurate information with the CRAinformation. If you tell a CRA that identify information in your file contains inaccurate informationthat is incomplete or inaccurate, and report it to the consumer reporting agency, the CRA agency must investigate the items (usually within 30 days) by presenting to its information source all relevant evidence you submit, unless your dispute is frivolous. • 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 source FCRA specifies those with a valid need for access. • You must review give your evidence and report its findings 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 CRAemployer. (The source also Written consent generally is not required in the trucking industry. • 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 advise national CRAs -- include a toll-free phone number you can call if you choose to which it has provided remove your name and address from the data -- lists these offers are based on. You may opt-out with the nationwide credit bureaus. • You may seek damages from violators. If a consumer reporting agency, or, in some cases, a user of anyconsumer 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. 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.