USA MEMBERSHIP and CONFIDENTIALITY AGREEMENT
(click here for CAN membership sign up)
Under the Fair Credit Reporting Act, you are required to state your permissible purpose (for example tenant screening, extension of credit or employment screening) for which the consumer credit information will be used. What is your permissible purpose?
The FCRA also requires that you describe your type of business (for example property management/landlord, retail sales or employer). What is your business type?
Carefully review the Membership Agreement and all other agreements below by expanding the drop down boxes for each. Each agreement must be opened and read before you can check off the boxes below that state you have read and understand the agreement. Once this step has been completed, you will be taken to the Membership Application by clicking on I Agree.
I have read and understand:
TVS Membership Agreement
Between: Your Name is deemed to go here And TVS Small Business Service Inc. (Herein after called “The Member”) (Herein after called “The Company”)
The TVS Membership Agreement
Access Security Requirements
We must work together to protect the privacy and information of consumers. The following information security measures are designed to reduce unauthorized access to consumer information. It is your responsibility to implement these controls. If you do not understand these requirements or need assistance, it is your responsibility to employ an outside service provider to assist you. Capitalized terms used herein have the meaning given in the Glossary attached hereto. The credit reporting agency reserves the right to make changes to Access Security Requirements without notification. The information provided herewith provides minimum baselines for information security.
In accessing the credit reporting agency’s services, you agree to follow these security requirements:
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, the credit reporting agency 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 breach or a consumer complaint that your company impermissibly accessed their credit report, the credit reporting agency 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 $2,500 per violation.”
The Access Security Requirements
End User Certification of Compliance
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, “End User” hereby certifies to Consumer Reporting Agency as follows:
End User 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.
The End User Certification of Compliance
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 628. Disposal of Records
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.
The FCRA Requirements
End User Certification of Use for Employment Insight Reports
In compliance with the Federal Fair Credit Reporting Act as amended by the Consumer Credit Reporting Reform Act of 1996 (the “Act”), End User (The Member) hereby certifies to Consumer Reporting Agency that it will comply with the following provisions:
The information from the consumer report will not be used in violation of any applicable federal or state equal employment opportunity law or regulation.
End User hereby acknowledges receipt of the Summary of Consumer Rights.
FICO Credit Scoring Services Agreement
WHEREAS, TVS Small Business Service Inc. is an authorized reseller of Experian Information Solutions, Inc. (Experian); and
WHEREAS, Experian and Fair, Isaac Corporation (Fair Isaac) offer the Experian/Fair, Isaac Model, consisting of the application of a risk model developed by Experian and Fair, Isaac which employs a proprietary algorithm and which, when applied to credit information relating to individuals with whom The Member contemplates entering into a credit relationship will result in a numerical score (the Score and collectively, Scores); the purpose of the models being to rank said individuals in order of the risk of unsatisfactory payment.
Now, therefore, for good and valuable consideration and intending to be legally bound, The Member and TVS Small Business Service Inc. hereby agree as follows:
I certify that I have read and understand the above agreements and will take all reasonable measures to enforce them within my facility. I certify that I will use the Experian product information for no other purpose other than what is stated above. I will not resell the report to any third party. I understand that if my system is used improperly by company personnel, or if my access codes are made available to any unauthorized personnel due to carelessness on the part of any employee of my company, I may be held responsible for financial losses, fees, or monetary charges that may be incurred and that my access privilege may be terminated.
Continuing with the registration process constitutes The Member's consent to conduct a binding electronic transaction with The Company and further consents to receiving notices and related services electronically. The Member's electronic signature is legally effective and will be used by The Company as if it is a written signature.
The undersigned is a duly authorized representative with power to execute this agreement.
Company Name
Name of Owner / Authorized Representative
Title / Position
Electronically Signed Signature
Date