This agreement is between Application Research Inc. (herein after referred to as “ARI”) and you the applicant, an individual or company, (herein after referred to as “End User”). The undersigned End User understands and agrees that through a contractual alliance between ARI and the American Apartment Owners Association (herein after referred to as AAOA), ARI is offering its services and products directly to End Users at special prices. End User must be a valid AAOA member in good standing to participate in this agreement. End User also understands they are entering into this agreement with ARI alone and that AAOA has no liability or involvement in the products and services provided. End User also understands that the information requested cannot be sold.
The undersigned End User, desiring to purchase products and services offered by ARI, agrees to furnish information concerning its tenants, applicants or prospective tenants through the AAOA secure server and further understands that ARI may, from time to time, request signed authorization from End User’s tenants, applicants or prospective tenants. End User warrants that is shall not purchase any reports without a signed authorization and End User shall maintain the original signed authorization for a period of not less than five (5) years. Furthermore, End User agrees that End User, its employees or agents shall not run unauthorized reports at anytime. No reports will be run on anyone other than bona fide applicants for rental properties.
Reports will be requested only for the exclusive use of End User. All information received from ARI will be held in strict confidence except to the extent that disclosure to others is required by law. Reports will be requested only by End User and End User’s designated representatives. Employees will be forbidden to attempt to obtain reports on themselves, associates or any other persons except in the exercise of their official duties.
End User agrees to indemnify, defend and hold ARI, its officers, employees and all its agents harmless on account of any expense or damage resulting from End User’s use of information received from ARI, including any action contrary to the requirements of the Fair Credit Reporting Act (Public Law 91-508 or resulting from breach of any of the warranties or representatives made by us as part of this agreement.
ARI cannot insure the accuracy of the information, End User understands and agrees that the accuracy of any information furnished by ARI is not guaranteed by ARI and End User releases ARI, its officers, employees, and all its agents from liability for any negligence in connection with the preparation of such reports and from any loss or expense suffered by us directly from ARI’s products, services or reports.
End User acknowledges they have received and reviewed a copy of the “Notice To Users of Consumer Reports: Obligations of Users under the FCRA” and certifies that consumer reports will only be obtained for a business transaction between landlord and tenant. End User certifies that reports will only be obtained by said End User or their authorized agents for the express purpose of aiding in decision making process for the rental of real property. End User warrants that reports will never be ordered or requested for any other purpose.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, OR ANY AMENDMENT OR ADDENDUM, NEITHER ARI, EXPERIAN, TRANSUNION, EQUIFAX OR ANY OTHER PROVIDER OF INFORMATION GUARANTEES OR WARRANTS THE CORRECTIONS, COMPLETENESS, CURRENTNESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION, OR INFORMATION SERVICES PROVIDED. NEITHER ARI, EXPERIAN, EQUIFAX, TRANSUNION NOR ANY OF ITS OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS LICENSORS, AFFILIATED COMPANIES OR AFFILIATED CREDIT BUREAUS WILL BE LIABLE TO END USER, AND END USER RELEASES, ARI, 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 THE INFORMATION SERVICES. NOT WITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, INCLUDING ANY AND ALL FUTURE AMENDMENTS AND ADDENDA, NEITHER PARTY, NOR ANY OF ITS OFFICERS, EMPLOYEES, LICENSORS, AFFILIATED COMPANIES, AFFILIATED CREDIT BUREAUS, INDEPENDENT CONTRACTORS, OR AGENTS WILL BE RESPONSIBLE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR SPECIAL DAMAGES, INCLUDING LOSS PROFITS. END USER WILL INDEMNIFY AND HOLD HARMLESS ARI, EXPERIAN, EQUIFAX, TRANSUNION AND ITS AFFILIATED ENTITIES FROM AND AGAINST ANY DIRECT AND ACTUAL LOSS, COST, LIABILITY AND EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES.
End User warrants that it will establish internal procedures prohibiting employees of the End User from attempting to obtain reports on themselves, associates, or any other person that is not a tenant, prospective tenant or applicant for rental property. End User acknowledges it is responsible for the actions of its employees, staff and agents and is hereby put on notice that Public Law, under Title 18, provides that any person who knowingly and willingly obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined not more than $5000.00 or imprisoned not more than two years, or both.
91-598 and RCW 19.82.130 provide that any person who knowingly and willingly obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined not more than $5000.00 or imprisoned not more than one year, or both.
We acknowledge that we have received and reviewed a copy of the “Notice To Users of Consumer Reports:
Obligations of Users under the FCRA” (See attachment A – Prescribed Notice of Users Responsibilities] ) and we certify that consumer reports will only be obtained by said member in its decision making process regarding the rental, sale, management and/or financing of real estate;
for the review or updating of an existing account, for the collection of debts and/or judgments;
for the purpose of verifying employment candidates and employees;
for the purpose of extending credit to a consumer.
Member will not request credit data for any other purpose. Subscriber certifies that they will only request credit data in relationship to one of the permissible boxes marked. Each request made for employment purposes will be specifically so designated at the time of the request and FCRA certifications will then be made and is hereby made as follows:
a) That subscriber will give written notice to the consumer that a consumer report for employment purposes may be run and that the consumer consented to the obtaining of his/her consumer report for employment purposes;
b) That said written notice offered the consumer an election to receive a free copy of the report;
c) That subscriber will not use the information in the consumer report for any other purposes;
d) That information from the consumer report will not be used in violation of any applicable Federal or State equal opportunity type law or regulation; and
e) That prior taking any adverse action based on the consumer report, member will provide the consumer with a copy of the consumer report free of charge.
(1) In connection with a business transaction involving the tenant
I. We certify that we have received and reviewed a copy of the Notice to Furnishers of information:
Obligation of Furnishers under the FCRA ” (see attachment B – Prescribed notice of Furnishers Responsibilities)” and we agree to furnish to ARI, without charge, written, oral or automated information giving the following data:
(a) The names and addresses of customers whose accounts have been restrained or closed by Subscriber and the reasons; or placed for collection; or charged off as a loss.
(b) Information on active and inactive accounts and any pertinent other information to make ARI’s files more complete, immediately when requested by ARI.
(c) Pertinent information on present or former employees as may be requested by ARI.
(d) Landlords may be required to submit a copy of the tax document as proof of ownership of rental property.
J. Written notice by either party will terminate this Agreement, but the obligations and agreements of the undersigned in effect at the time of termination will remain in full force and effect, including the obligation to defend, indemnify and hold ARI harmless and keep confidential the information we receive.
K. We understand and agree that this service agreement constitutes all agreements and conditions of reporting, present and future, and supersedes all previous agreements and understandings with ARI and applies to all types of reports, including all types of checking services and bulletins. No Changes in agreement may be made except by consent in writing of an officer of ARI.
This portion of the agreement applies to information furnished by End User/subscriber for inclusion in the Equifax owned SAFESCAN system and to information obtained from Equifax’s SAFESCAN System.
End User/subscriber agrees to furnish data which is believed to have been used for fraudulent purposes to Equifax’s SAFESCAN 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). The End User/subscriber may also include the addresses of known mail receiving services and prisons.
End User/subscriber agrees that an application alert message from Equifax’s SAFESCAN 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 Equifax’s SAFESCAN System may or may not apply to the consumer who has made the application to the End User/subscriber for credit.
This portion of the agreement applies to information furnished by End User/subscriber for inclusion in the Transunion owned HAWK File system and to information obtained from Transunions HAWK File.
End User/subscriber agrees 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). The End User/subscriber may also include the addresses of known mail receiving services and prisons.
End User/subscriber agrees 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 the End User/subscriber for credit.
Indemnification of Experian / TransUnion / Equifax / ARI / AAOA / Fair Isaac.- End user will indemnify, defend and hold Experian / TransUnion / Equifax / ARI / AAOA / Fair Isaac harmless from and against any and all liabilities, damages, losses, claims, cost and expenses (including attorneys’ fees).
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 $2,500 per violation.”
ATTACHMENT ‘B’ To ARI
Prescribed Notice of User Responsibilities
This appendix prescribes the content of the required notice.
NOTICE TO FURNISHERS OF INFORMATION:
OBLIGATIONS OF FURNISHERS UNDER THE FCRA
The Federal Fair Credit Reporting Act (FCRA), as amended, imposes responsibilities on all persons who furnish information to consumer reporting agencies (FCRAs). These responsibilities are found in Section 623 of the FCRA. State law may impose additional requirements. All furnishers of information to CRAs should become familiar with the law and may want to consult with their counsel to ensure that they are in compliance. The FCRA, 15 U.S.C. 168d1lu, is set forth in full at the Federal Trade Commission’s Internet web site (http://www.ftc.gov). Section 623 imposes the following duties:
General prohibition on reporting inaccurate information:
The FCRA prohibits information furnishers from providing information to a consumer reporting agency (CRA) that they know (or consciously avoid knowing) is inaccurate. However, the furnisher is not subject to this general prohibition if it clearly and conspicuously specifies an address to which consumers may write to notify the furnisher that certain information is inaccurate.
Sections 623(a)(1)(A) and (a)(1)(C)
Duty to correct and update information:
If at any time a person who regularly and in the ordinary course of business furnishes information to one or more CRAs determines that the information provided is not complete or accurate, the furnisher must provide complete and accurate information to the CRTA. In addition, the furnisher must notify all CRAs that received the information of any corrections, and must thereafter report only the complete and accurate information. Section 623(a)(2)
Duties after notice of dispute from consumer:
If a consumer notifies a furnisher, at an address specified by the furnisher for such notices, that specific information is inaccurate, and the information is in fact inaccurate, the furnisher must thereafter report the correct information to CRAs.
If a consumer notifies a furnisher that the consumer disputes the completeness or accuracy of any information reported by the furnisher, the furnisher may not subsequently report that information to a CRA without providing notice of the dispute. Section 623(a)(3)
Duties after notice of dispute from consumer reporting agency:
If a CRA notifies a furnisher that a consumer disputes the completeness or accuracy of information provided by the furnisher, the furnisher has a duty to follow certain procedures. The furnisher just:
Conduct an investigation and review all relevant information provided by the CRA, including information given to the CRA by the consumer. Sections 623(b)(1)(A) and (b)(1)(B)
Report the results to the CRA, and, if the investigation establishes that the information was, in fact, incomplete or inaccurate, report the results to all CRAs to which the furnisher provided the information that compile and maintain files on a nationwide basis. Sections 623(b)(1)(C) and (b)(1)(D)
Complete the above within 30 days from the date the CRA receives the dispute (or 45 days, if the consumer later provides relevant additional information to the CRA). Section 623(b)(2)
Duty to report voluntary closing of credit accounts:
If a consumer voluntarily closes a credit account, any person who regularly and in the ordinary course of business furnishes information to one or more CRAs must report his fact when it provides information to CRAs for the time period in which the account was closed. Section 623(a)(4)
Duty to report dates of delinquencies:
If a furnisher reports information concerning a delinquent account placed for collection, charged to profit or loss, or subject to any similar action, the furnisher must, within 90 days after reporting the information, provide the CRA with the month and the year of the commencement of the delinquency that immediately preceded the action, so that the agency will know how long to keep the information in the consumer’s file. Section 623(a)(5)