Background Check Solution Registration

Accepts by Subscriber:

I agree that Credit Reports are only to be run for tenant screening and users will not order credit reports on themselves, friends or family.

I agree not to resell credit information.

I have read and agree to the Subscriber Agreement.

	  We, the undersigned, desiring to receive information from Tenant Screening Services LLC (herein after called "BCS") about our customers, at prices established by BCS from time to time, agree to provide information and receive information, whether orally, by electronic transmission, by report, bulletin or otherwise, subject to the following conditions:

A. Information will be requested only for our exclusive use. All information received from BCS will be held in strict confidence except to the extent that disclosure to others is required by law. Reports will be requested only by our designated representatives. Employees will be forbidden from attempting to obtain reports on themselves, associates or any other persons except in the exercise of their official duties.

B. We agree to indemnify, defend and hold BCS and all its agents harmless on account of any expense or damage resulting from our use of information received from BCS, including any action contrary to the requirements of the Fair Credit Reporting Act or resulting from breach of any of the warranties or representatives made by us as part of this agreement.

C. We recognize that the information we are requesting is secured by and given through fallible human sources. We also recognize that for the fee charged by BCS, it cannot  and does not guarantee the accuracy of the information it provides. In this regard, we release BCS and its agents, employees, and independent contractors from any and all liability for any negligence in connection with the preparation of any reports and from any loss or expense suffered by us directly from such reports prepared by BCS.

D. We understand that agree that the fees for all reports will be charged to us at the regular rates of BCS. Such fees will be applied against the contract price, and charges, in addition to the contract price, shall be due after receipt of the invoice. Past due amounts shall be subject to a late payment fee of .00 or 1.5% per month, whichever amount is greater. If collection efforts are required, the undersigned agrees to pay all cost of collection, including attorney's fees. The undersigned also agrees that the exclusive jurisdiction for any action under this agreement shall be Orange County, California.

E. We acknowledge that we have received, reviewed and executed copies of the "FCRA Requirements," the "Access Security Requirements" and the "End User Certification of Compliance", We further certify that information from BCS will only be obtained for permissible purposes under the federal Fair Credit Reporting Act ("FCRA"). 

F. We recognize that every business decision represents an assumption of risk and that neither party, in furnishing information or information services to the other assumes the other's risk in any manner. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, OR ANY AMENDMENT OR ADDENDUM,  WE UNDERSTAND THAT BCS DOES NOT GUARANTEE OR WARRANT THE CORRECTNESS, COMPLETENESS, CURRENTNESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION OR INFORMATION SERVICES PROVIDED TO US. WE ACKNOWLEDGE THAT NEITHER BCS, EXPERIAN, EQUIFAX, TRANSUNION NOR ANY OF THEIR OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS LICENSORS, AFFILIATED COMPANIES OR AFFILIATED CREDIT BUREAUS WILL BE LIABLE TO US, AND WE RELEASE, BCS, EXPERIAN, EQUIFAX, TRANSUNION AND THE OTHERS, FOR ANY LOSS OR INJURY ARISING OUT OF, OR CAUSED IN WHOLE OR IN PART BY, ACTS OR OMISSIONS, EVEN IF DUE NEGLIGENCE, IN PROCURRING, COMPILING, COLLECTING, INTERPERTING, PROCESSING, REPORTING OR TRANSMITTING ANY INFORMATION OR PROVIDING INFORMATION SERVICES TO US. NOT WITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, INCLUDING ANY AND ALL FUTURE AMENDMENTS AND ADDENDA, WE AGREE THAT NEITHER BCS, NOR ANY OF ITS OFFICERS, EMPLOYEES, LICENSORS, AFFILIATED COMPANIES, AFFILIATED CREDIT BUREAUS, INDEPENDENT CONTRACTORS, OR AGENTS WILL BE RESPONSIBLE  TO US FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR SPECIAL DAMAGES, INCLUDING LOST PROFITS. 

G. Written notice by either party will terminate this Agreement, but we agree that our obligations and agreements in effect at the time of termination will remain in full force and effect, including the obligation to defend, indemnify and hold BCS harmless and keep confidential the information we receive.

H. We understand and agree that this contract constitutes all agreements and conditions of reporting, present and future, and supersedes all previous agreements and understandings with BCS and applies to all types of reports, including all types of checking services and bulletins, made by BCS. No changes to this contract may be made except in writing signed both by us and BCS.

HAWK File

This portion of the agreement applies to information furnished by us for inclusion in the TransUnion owned HAWK File system and to information obtained from TransUnions HAWK File.

We agree to furnish data which is believed to have been used for fraudulent purposes to TransUnion's HAWK File system for as long as it continues to receive information from that system. Such data shall include but not limited to consumer reports names, aliases, social security numbers and addresses (current and former), telephone numbers (business and residential). 

We may also include the addresses of known mail receiving services and prisons.

We agree that an application alert message from TransUnion's HAWK File System will not be part of the decision making process for granting credit, and that such a message is merely an indication that the application should be totally verified prior to a business decision, unless it is clear that the information supplied by TransUnion's HAWK File System may or may not apply to the consumer who has made the application to us for credit.

Indemnification of Experian/Fair, Isaac. We agree to indemnify, defend and hold Experian/Fair, Isaac, BCS harmless from and against any and all liabilities, damages, losses, claims, cost and expenses (including attorneys' fees).

I have read and agree to the FCRA Requirements.

	  Federal Fair Credit Reporting Act (as amended by the Consumer Credit Reporting Reform Act of 1996)

Although the FCRA primarily regulates the operations of consumer credit reporting agencies, it also affects you as a user of information. We have included a copy of the FCRA with your membership kit. We suggest that you and your employees become familiar with the following sections in particular:

604. Permissible Purposes of Reports
607. Compliance Procedures
615. Requirement on users of consumer reports
616. Civil liability for willful noncompliance
617. Civil liability for negligent noncompliance
619. Obtaining information under false pretenses
621. Administrative Enforcement
623. Responsibilities of Furnishers of Information to Consumer Reporting Agencies

Each of these sections is of direct consequence to users who obtain reports on consumers.

As directed by the law, credit reports may be issued only if they are to be used for extending credit, review or collection of an account, employment purposes, underwriting insurance or in connection with some other legitimate business transaction such as in investment, partnership, etc. It is imperative that you identify each request for a report to be used for employment purposes when such report is ordered. Additional state laws may also impact your usage of reports for employment purposes.

We strongly endorse the letter and spirit of the Federal Fair Credit Reporting Act. We believe that this law and similar state laws recognize and preserve the delicate balance between the rights of the consumer and the legitimate needs of commerce.

In addition to the Federal Fair Credit Reporting Act, other federal and state laws addressing such topics as computer crime and unauthorized access to protected databases have also been enacted. As a prospective user of consumer reports, we expect that you and your staff will comply with all relevant federal statutes and the statutes and regulations of the states in which you operate.

We support consumer reporting legislation that will assure fair and equitable treatment for all consumers and users of credit information.

A. 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, of 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.

I have read and agree to the Access Security Requirements.

	  We must work together to protect the privacy of consumers. The following measures are designed to reduce unauthorized access of consumer credit reports. In accessing consumer credit services, you agree to follow these measures.

1. You must protect your account number and password so that only key personnel employed by your company know this sensitive information. Unauthorized persons should never have knowledge of your password. Do not post this information in any manner within your facility. If a person who knows the password leaves your company or no longer needs to have it due to a change in duties, the password should be changed immediately.

2. System access software, whether developed by your company or purchased from a third party vendor, must have your account number and password "hidden" or embedded and be known only by supervisory personnel. Assign each user of your system access software a unique logon password. If such system access software is replaced by different access software and therefore no longer in use or, alternatively, the hardware upon which such system access software resides is no longer being used or is being disposed of, your password should be changed immediately.

3. Do not discuss your account number and password by telephone with any unknown caller, even if the caller claims to be an employee of your credit provider.

4. Restrict the ability to obtain credit information to a few key personnel.

5. Place all terminal devices used to obtain credit information in a secure location within your facility. You should secure these devices so that unauthorized persons cannot easily access them.

6. After normal business hours, be sure to turn off and lock all devices or systems used to obtain credit information.

7. Secure hard copies and electronic files of consumer reports within your facility so that unauthorized persons cannot easily access them.

8. Shred or destroy all hard copy consumer reports when no longer needed.

9. Erase and overwrite or scramble electronic files containing consumer information when no longer needed and when applicable regulation(s) permit destruction.

10. Make all employees aware that your company can access credit information only for the permissible purposes listed in the Permissible Purpose Information section of your membership application. You or your employees may not access their own reports. Nor should you or your employees access the report of a family member or friend unless it is in connection with a credit transaction or for some other permissible purpose.

Record Retention: The Federal Equal Opportunities Act states that a creditor must preserve all written or recorded information connected with an application for 25 months. In keeping with the ECOA, Experian requires that you retain the credit application and, if applicable, a purchase agreement for a period of not less than 25 months. When conducting an investigation, particularly following a consumer complaint that your company impermissibly accessed their credit report, Experian will contact you and will request a copy of the original application signed by the consumer or, if applicable, a copy of the sales contract. 

"Under Section 621 (a) (2) (A) of the FCRA, any person that violates any of the provisions of the FCRA may be liable for a civil penalty of not more than ,500 per violation."

I have read and agree to the End User Certification of Compliance.

	  California Civil Code - Section 1785.14(a)

Section 1785.14(a), as amended, states that a consumer credit reporting agency does not have reasonable grounds for believing that a consumer credit report will only be used for a permissible purpose unless all of the following requirements are met:

Section 1785.14(a)(1) states: "If a prospective user is a retail seller, as defined in Section 1802.3, and intends to issue credit to a consumer who appears in person on the basis of an application for credit submitted in person, the consumer credit reporting agency shall, with a reasonable degree of certainty, match at least three categories of identifying information within the file maintained by the consumer credit reporting agency on the consumer with the information provided to the consumer credit reporting agency by the retail seller.  The categories of identifying information may include, but are not limited to, first and last name, month and date of birth, driver's license number, place of employment, current residence address, previous residence address, or social security number.  The categories of information shall not include mother's maiden name." 

Section 1785.14(a)(2) states:  "If the prospective user is a retail seller, as defined in Section 1802.3, and intends to issue credit to a consumer who appears in person on the basis of an application for credit submitted in person, the retail seller must certify, in writing, to the consumer credit reporting agency that it instructs its employees and agents to inspect a photo identification of the consumer at the time the application was submitted in person.  This paragraph does not apply to an application for credit submitted by mail."

Section 1785.14(a)(3) states:  "If the prospective user intends to extend credit by mail pursuant to a solicitation by mail, the extension of credit shall be mailed to the same address as on the solicitation unless the prospective user verifies any address change by, among other methods, contacting the person to whom the extension of credit will be mailed."

In compliance with Section 1785.14(a) of the California Civil Code, the "End User" hereby certifies to Consumer Reporting Agency as follows: (Please circle) 

End User (IS)  (IS NOT) a retail seller, as defined in Section 1802.3 of the California Civil Code ("Retail Seller") and issues credit to consumers who appear in person on the basis of applications for credit submitted in person ("Point of Sale").

End User also certifies that if End User is a Retail Seller who conducts Point of Sale transactions, End User will, beginning on or before July 1, 1998, instruct its employees and agents to inspect a photo identification of the consumer at the time an application is submitted in person.

End User also certifies that it will only use the appropriate End User code number designated by Consumer Reporting Agency for accessing consumer reports for California Point of Sale transactions conducted by Retail Seller.

If End User is not a Retail Seller who issues credit in Point of Sale transactions, End User agrees that if it, at any time hereafter, becomes a Retail Seller who extends credit in Point of Sale transactions, End User shall provide written notice of such to Consumer Reporting Agency prior to using credit reports with Point of Sale transactions as a Retail Seller, and shall comply with the requirements of a Retail Seller conducting Point of Sale transactions, as provided in this certification.

I agree to keep records on file for five years.

I agree that no credit reports will be sent outside the United States.

IMPORTANT: Please review this Notice to Users of Consumer Reports & your obligations under the FCRA:
CLICK TO VIEW IN NEW WINDOW

The undersigned is duly authorized representatives with power to execute this Agreement.

Name:

Signature:

SIGNED

Date:

04/25/2024

City/State: /

By submitting this contract, I attest that I have read, understand, and agree to all the terms and conditions in this contract.

Instant Access Registration