Auradon Solutions is a consumer reporting agency (CRA) and, among other services, Auradon Solutions provides consumer reports and investigative consumer reports (collectively, “Screening Reports”) as defined by the Fair Credit Reporting Act (FCRA) and applicable state laws. In utilizing Auradon’s services, you are considered a user of consumer reports and/or investigative consumer reports under the FCRA and applicable state law. Auradon will furnish User with Screening Reports for employment purposes conditioned upon User compliance with this Agreement and fulfillment of all obligations (including payment) under this Agreement.
Please read this agreement carefully. By accessing, browsing, or using the website, or making a purchase from us, you acknowledge and agree to comply with the FCRA and other applicable international, federal, state, and local laws, our Privacy Policy, and these Terms.
- REGISTRATION AND SIGN-IN.
To use the Site, you need to create an account (“Account”). To be eligible to create an Account, User must be employed by a legal business entity verifiable by Auradon and authorized to enter into this agreement with Auradon. When you set up your account, you will be required to create login credentials by providing certain types of personal information (“Login Credentials”). For more information on the types of personal information we may collect to create your Login Credentials, review our Privacy Policy. We reserve the right to terminate any username and password that we reasonably determine may have been used by an unauthorized third party. For your protection and to protect the privacy of individuals on whom you seek to obtain Screening Reports, you will be required to authenticate your identity, including by providing your Login Credentials each time you request access to Screening Reports. In addition, when you access your Account using your Login Credentials, you are issued a token that identifies you. These tokens automatically expire after a predetermined amount of time and you will be required to re-authenticate once a token has expired before you may access related Screening Reports. Any use or access to the website by anyone not employed by and representing a legal business entity is strictly prohibited. - TERMS OF SALE.
When you purchase a Screening Report, you agree to pay using a valid payment method as indicated during registration (“Payment Method”), which will be charged at the time of your purchase. You agree to provide accurate payment information and that we may store and use your Payment Method for billing future authorized purchases. We may use a third-party processor to process your purchase, in which case the terms of your purchase, such as refunds, payments, or customer service (“Third-Party Terms”), may be governed by that provider. You are responsible for reading and understanding such Third-Party Terms prior to making a purchase. We reserve the right to suspend use of the Site without notice if your Payment Method is declined, flagged as potentially fraudulent, or if you become delinquent in any payment obligation with us. - FRAUD PREVENTION.
We employ safeguards designed to detect and prevent fraud, as described in more detail in our Privacy Policy (“Fraud Protection Methods”). You consent to our use of any commercially reasonable Fraud Protection Methods and to our cooperation with or use of any third-party provider of such methods. You agree to fully cooperate with audits and investigations of our customers and systems. For more information about our privacy practices, including our Fraud Protection Methods, see our Privacy Policy. - OWNERSHIP.
As between Auradon and you, all text, content, and documents on the Site; any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, and other intellectual property appearing in and used to operate the Site; and the organization, compilation, look and feel, illustrations, artwork, videos, music, software, and other works on the Site (the “Content”) are owned by Auradon and its affiliates, or used with permission or under license from a third party (each an “Owner”), and are protected under copyright, trademark, and other intellectual property and proprietary rights laws.
All right, title, and interest in and to the Content will at all times remain with Auradon and/or the Owners. All brand names, product names, titles, slogans, logos, service names, and other marks used on the Site are registered and/or common law trade names, trademarks, or service marks of Auradon or the applicable Owner. Auradon reserves all other rights. Except as expressly provided, nothing on the Site shall be construed as conferring any license under Auradon’s or any Owner’s intellectual property rights, whether by estoppel, implication, or otherwise.
- USE AND RESTRICTIONS.
When you make a purchase, you agree to the following restrictions:
- a) Provide Auradon with relevant information to verify that you represent a legal business entity.
b) You are responsible for identifying and complying with the FCRA and all applicable laws in connection with the procurement and use of Screening Reports. You shall also review the Consumer Financial Protection Bureau (CFPB) “Notice to Users of Consumer Reports: Obligations of Users Under the FCRA” attached as the Exhibit.
c) Procure and use Screening Reports only for legally permissible employment purposes to evaluate an applicant/consumer for employment, promotion, reassignment, or retention as an employee, and for no other purpose.
d) Base all hiring decisions and related actions on your policies and procedures and not rely on Auradon for legal advice regarding employment decisions. Any consultation, training, and sample forms provided by Auradon are for informational purposes only. Auradon advises employers to consult experienced counsel to ensure compliant procurement and use of Screening Reports.
e) Before procuring a Screening Report for employment purposes: (i) make a clear and conspicuous written disclosure to the applicant, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes (and for California applicants, ensure the disclosure includes required California content and complies with applicable California statutes); and (ii) obtain the applicant’s written authorization for procurement of the Screening Report (and for California applicants, provide the applicant the option to receive a copy of any Screening Report that is prepared).
f) Before taking any adverse action based in whole or in part on a Screening Report, provide to the applicant: (i) a copy of the Screening Report; and (ii) a written summary of the applicant’s rights under the FCRA as prescribed by the CFPB, and any other notices required by applicable law.
g) After providing the pre-adverse action materials and allowing reasonable time for the applicant to dispute the information, if you intend to take adverse action, send the applicant a follow-up adverse action notice consistent with applicable law.
h) Maintain records as required by law and maintain reasonable and appropriate physical, technical, and administrative measures to protect against unauthorized access to and/or misuse of Screening Reports.
i) Provide access to Screening Reports on the Site only to your employees, agents, and representatives who agree to comply with your obligations under the law and this Agreement.
j) Secure hard copies and electronic files of Screening Reports so that only authorized personnel can access them.
k) Shred or permanently destroy hard copy Screening Reports when no longer needed and when applicable regulations permit destruction, to prevent unauthorized access to applicant/employee data and any other personally identifiable information.
l) Erase and overwrite or securely delete electronic files containing Screening Reports and applicant information when no longer needed and when applicable regulations permit destruction.
m) Use Screening Reports solely as an end user. You are prohibited from copying, retransmitting, modifying, disseminating, reselling, broadcasting, circulating, or otherwise distributing, in whole or in part, any Screening Reports furnished by Auradon.
n) State-specific notices.
California: You have the right to view your file that a consumer reporting agency holds. With proper identification and payment of duplication costs, you may obtain a copy of this information in person during normal business hours after providing reasonable notice, or by mail, or you may request a summary by telephone. The agency can assist you in understanding your file, including coded information. You may have one additional person accompany you if they provide proper identification.
Maine: You have the right to ask and know whether a company ordered a background check on you. Upon request, the name, address, and telephone number of the nearest consumer reporting agency office will be provided within five business days.
Massachusetts: You have the right to obtain a copy of any of your consumer reports ordered by your company by contacting the consumer reporting agency for a free copy.
New York: By written request, you can learn whether a company has run a background check on you and can inspect and order a copy of the report by directly contacting the consumer reporting agency. If you have been convicted of one or more criminal offenses, you may request the company provide a written statement of reasons for an adverse decision within 30 days of your request.
Washington State: After a written request and a reasonable time after receiving the disclosure, you have the right to receive a complete and accurate disclosure of the nature and scope of any investigative consumer report requested. You will receive a summary of your rights and remedies upon request.
- UNITED STATES ONLY.
By using the Site, you agree and acknowledge that it is hosted in the United States. You are prohibited from attempting to access the Site from a physical location outside of the United States. By using the Site, you consent to the application of the laws of the United States and/or the State of California with respect to any dispute arising from or related to your use of the Site, and to the exclusive jurisdiction of the courts of the United States and the State of California. - DISCLAIMERS.
Screening Reports and other information in Auradon databases have been compiled from public records and other proprietary sources for the specific purposes of providing background information and are obtained and reported “AS IS.” Neither Auradon nor any of its suppliers represents or warrants that the information from such records is complete or accurate; however, Auradon represents and warrants that it will accurately report the information as provided by such sources. Auradon disclaims all other representations and warranties regarding the performance of the service and the accuracy, currency, or completeness of any data, information, or Screening Report, including all warranties of merchantability, fitness for a particular purpose, title, or non-infringement, and any implied indemnities. Auradon does not warrant that the Screening Reports, the Site, or any features or functionality will be uninterrupted, secure, or error-free, or that your use will meet your expectations, or that the Site or Content is correct, complete, accurate, or reliable. Auradon reserves the right to change any part of the Site at any time without notice. Where applicable law does not permit some exclusions, Auradon provides the minimum warranty required by law. - LIMITATION OF LIABILITY.
Your use of the Site is at your own risk. Neither Auradon, its affiliates, nor their respective officers, directors, nor any third party involved in the creation, production, or delivery of any data, information, or Screening Reports will be liable for any damages, direct or indirect, incidental, consequential, special, or punitive, including loss of data, income, profit, or goodwill, loss of or damage to property, and claims of third parties arising out of your access to or use of the Site or any action taken in response to or as a result of any Screening Report or other information available on the Site, however caused, whether based on contract, tort, proprietary rights infringement, product liability, or otherwise, even if advised of the possibility of such damages. If any portion of this limitation is found invalid or unenforceable, the aggregate liability of Auradon and its affiliates shall not exceed the lesser of the cost of the Screening Report ordered or one hundred dollars ($100). These limitations and exclusions survive and form a fundamental basis of the bargain. - INDEMNITY.
You agree to defend, indemnify, and hold harmless Auradon, its parents, subsidiaries, and affiliates, and their respective officers, directors, employees, agents, successors, and assigns, from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) based upon any material breach of this Agreement by you, including: (a) illegal or wrongful use or obtaining of any Screening Report; (b) your gross negligence or intentional wrongdoing in connection with the use or obtaining of the Screening Report; and (c) your failure to comply with the FCRA or other applicable laws. - ABILITY TO ACCEPT TERMS OF USE.
You affirm that you are fully able and competent to enter into these Terms and to abide by and comply with them. - ASSIGNMENT.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Auradon without restriction. - CHANGES TO THESE TERMS.
From time to time, Auradon may revise these Terms. Your use of the Site following the posting of any revised Terms shall be deemed acceptance of the revised Terms. Auradon recommends checking these Terms periodically. If Auradon makes revisions that materially lessen the restrictions on Auradon’s use or disclosure of your Personal Information (as defined in our Privacy Policy), Auradon will make a commercially reasonable attempt to obtain your consent before implementing such revisions with respect to such Personal Information. If you disagree with these Terms at any time, your sole remedy is to stop using the Website and inform us as described herein. - MISCELLANEOUS.
Auradon’s failure to enforce any provision of these Terms shall not be deemed a waiver. If any part of these Terms is determined to be invalid or unenforceable, the invalid or unenforceable provision will be deemed replaced by a valid, enforceable provision that most closely matches the intent of the original, and the remainder shall continue in effect. A printed version of these Terms and any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent as other business documents and records originally generated and maintained in printed form. - TERMINATION.
Auradon may cancel, suspend, or block your use of the Site and terminate your Account without notice if there has been a suspected violation of these Terms. Auradon is not responsible or liable for any information that is made unavailable as a result of termination. Any limitations on liability or other provisions favoring Auradon will survive expiration or termination for any reason. - NOTICES AND AGREEMENT TO BE BOUND BY ELECTRONIC SIGNATURE.
Your affirmative act of using the Site constitutes your electronic signature to these Terms and your consent to enter into agreements with Auradon electronically. You agree that Auradon may send any privacy or other notices in electronic form to the e-mail address you provided during registration, or by posting on the Website. Delivery is effective when sent or posted, regardless of whether you read the notice or actually receive it. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
Last Updated September 7, 2025
Company Contact Information
Auradon Solutions
2000 PGA Blvd Suite 4440
Palm Beach Gardens, FL 33408
info@auradonsolutions.com
Exhibit A
NOTICE TO USERS OF CONSUMER REPORTS: OBLIGATIONS OF USERS UNDER THE FCRA
All users of consumer reports must comply with all applicable regulations, including regulations promulgated after this notice was first prescribed in 2004. Information about applicable regulations currently in effect can be found at the Consumer Financial Protection Bureau’s website, www.consumerfinance.gov/learnmore.
The Fair Credit Reporting Act (FCRA), 15 U.S.C. 1681–1681y, requires that this notice be provided to inform users of consumer reports of their legal obligations. State law may impose additional requirements. The text of the FCRA is set forth in full at the Bureau of Consumer Financial Protection’s website at www.consumerfinance.gov/learnmore. At the end of this document is a list of United States Code citations for the FCRA. Other information about user duties is also available at the Bureau’s website. Users must consult the relevant provisions of the FCRA for details about their obligations under the FCRA.
The first section of this summary sets forth the responsibilities imposed by the FCRA on all users of consumer reports. The subsequent sections discuss the duties of users of reports that contain specific types of information, or that are used for certain purposes, and the legal consequences of violations. If you are a furnisher of information to a consumer reporting agency (CRA), you have additional obligations and will receive a separate notice from the CRA describing your duties as a furnisher.
- OBLIGATIONS OF ALL USERS OF CONSUMER REPORTS
A. Users Must Have a Permissible Purpose
Congress has limited the use of consumer reports to protect consumers’ privacy. All users must have a permissible purpose under the FCRA to obtain a consumer report. Section 604 contains a list of the permissible purposes under the law. These are:
• As ordered by a court or a federal grand jury subpoena. Section 604(a)(1)
• As instructed by the consumer in writing. Section 604(a)(2)
• For the extension of credit as a result of an application from a consumer, or the review or collection of a consumer’s account. Section 604(a)(3)(A)
• For employment purposes, including hiring and promotion decisions, where the consumer has given written permission. Sections 604(a)(3)(B) and 604(b)
• For the underwriting of insurance as a result of an application from a consumer. Section 604(a)(3)(C)
• When there is a legitimate business need, in connection with a business transaction that is initiated by the consumer. Section 604(a)(3)(F)(i)
• To review a consumer’s account to determine whether the consumer continues to meet the terms of the account. Section 604(a)(3)(F)(ii)
• To determine a consumer’s eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant’s financial responsibility or status. Section 604(a)(3)(D)
• For use by a potential investor or servicer, or current insurer, in a valuation or assessment of the credit or prepayment risks associated with an existing credit obligation. Section 604(a)(3)(E)
• For use by state and local officials in connection with the determination of child support payments, or modifications and enforcement thereof. Sections 604(a)(4) and 604(a)(5)
In addition, creditors and insurers may obtain certain consumer report information for the purpose of making prescreened unsolicited offers of credit or insurance. Section 604(c). The particular obligations of users of prescreened information are described in Section VII below.
- Users Must Provide Certifications
Section 604(f) prohibits any person from obtaining a consumer report from a consumer reporting agency (CRA) unless the person has certified to the CRA the permissible purpose(s) for which the report is being obtained and certifies that the report will not be used for any other purpose. - Users Must Notify Consumers When Adverse Actions Are Taken
The term adverse action is defined very broadly by Section 603. Adverse actions include all business, credit, and employment actions affecting consumers that can be considered to have a negative impact as defined by Section 603(k) of the FCRA such as denying or canceling credit or insurance, or denying employment or promotion. No adverse action occurs in a credit transaction where the creditor makes a counteroffer that is accepted by the consumer.
- Adverse Actions Based on Information Obtained From a CRA
If a user takes any type of adverse action as defined by the FCRA that is based at least in part on information contained in a consumer report, Section 615(a) requires the user to notify the consumer. The notification may be done in writing, orally, or by electronic means. It must include the following:
• The name, address, and telephone number of the CRA (including a toll-free telephone number, if it is a nationwide CRA) that provided the report.
• A statement that the CRA did not make the adverse decision and is not able to explain why the decision was made.
• A statement setting forth the consumer’s right to obtain a free disclosure of the consumer’s file from the CRA if the consumer makes a request within 60 days.
• A statement setting forth the consumer’s right to dispute directly with the CRA the accuracy or completeness of any information provided by the CRA. - Adverse Actions Based on Information Obtained From Third Parties Who Are Not Consumer Reporting Agencies
If a person denies (or increases the charge for) credit for personal, family, or household purposes based either wholly or partly upon information from a person other than a CRA, and the information is the type of consumer information covered by the FCRA, Section 615(b)(1) requires that the user clearly and accurately disclose to the consumer his or her right to be told the nature of the information that was relied upon if the consumer makes a written request within 60 days of notification. The user must provide the disclosure within a reasonable period of time following the consumer’s written request. - Adverse Actions Based on Information Obtained From Affiliates
If a person takes an adverse action involving insurance, employment, or a credit transaction initiated by the consumer, based on information of the type covered by the FCRA, and this information was obtained from an entity affiliated with the user of the information by common ownership or control, Section 615(b)(2) requires the user to notify the consumer of the adverse action. The notice must inform the consumer that he or she may obtain a disclosure of the nature of the information relied upon by making a written request within 60 days of receiving the adverse action notice. If the consumer makes such a request, the user must disclose the nature of the information not later than 30 days after receiving the request. If consumer report information is shared among affiliates and then used for an adverse action, the user must make an adverse action disclosure as set forth in I.C.1 above.
- Users Have Obligations When Fraud and Active Duty Military Alerts are in Files
When a consumer has placed a fraud alert, including one relating to identity theft, or an active duty military alert with a nationwide consumer reporting agency as defined in Section 603(p) and resellers, Section 605A(h) imposes limitations on users of reports obtained from the consumer reporting agency in certain circumstances, including the establishment of a new credit plan and the issuance of additional credit cards. For initial fraud alerts and active duty alerts, the user must have reasonable policies and procedures in place to form a belief that the user knows the identity of the applicant or must contact the consumer at a telephone number specified by the consumer; in the case of extended fraud alerts, the user must contact the consumer in accordance with the contact information provided in the consumer’s alert. - Users Have Obligations When Notified of an Address Discrepancy
Section 605(h) requires nationwide CRAs, as defined in Section 603(p), to notify users that request reports when the address for a consumer provided by the user in requesting the report is substantially different from the addresses in the consumer’s file. When this occurs, users must comply with regulations specifying the procedures to be followed, which will be issued by the Consumer Financial Protection Bureau and the banking and credit union regulators. The Consumer Financial Protection Bureau regulations will be available at www.consumerfinance.gov/learnmore. - Users Have Obligations When Disposing of Records
Section 628 requires that all users of consumer report information have in place procedures to properly dispose of records containing this information. The Consumer Financial Protection Bureau, the Securities and Exchange Commission, and the banking and credit union regulators have issued regulations covering disposal. The Consumer Financial Protection Bureau regulations may be found at www.consumerfinance.gov/learnmore/. - CREDITORS MUST MAKE ADDITIONAL DISCLOSURES
If a person uses a consumer report in connection with an application for, or a grant, extension, or provision of, credit to a consumer on material terms that are materially less favorable than the most favorable terms available to a substantial proportion of consumers from or through that person, based in whole or in part on a consumer report, the person must provide a risk-based pricing notice to the consumer in accordance with regulations prescribed by the Consumer Financial Protection Bureau.
Section 609(g) requires a disclosure by all persons that make or arrange loans secured by residential real property (one to four units) and that use credit scores. These persons must provide credit scores and other information about credit scores to applicants, including the disclosure set forth in Section 609(g)(1)(D) (Notice to the Home Loan Applicant).
III. OBLIGATIONS OF USERS WHEN CONSUMER REPORTS ARE OBTAINED FOR EMPLOYMENT PURPOSES
A. Employment Other Than in the Trucking Industry
If the information from a CRA is used for employment purposes, the user has specific duties, which are set forth in Section 604(b) of the FCRA. The user must:
• Make a clear and conspicuous written disclosure to the consumer before the report is obtained, in a document that consists solely of the disclosure, that a consumer report may be obtained.
• Obtain from the consumer prior written authorization. Authorization to access reports during the term of employment may be obtained at the time of employment.
• Certify to the CRA that the above steps have been followed, that the information being obtained will not be used in violation of any federal or state equal opportunity law or regulation, and that, if any adverse action is to be taken based on the consumer report, a copy of the report and a summary of the consumer’s rights will be provided to the consumer.
• Before taking an adverse action, the user must provide a copy of the report to the consumer as well as the summary of consumer’s rights. (The user should receive this summary from the CRA.) A Section 615(a) adverse action notice should be sent after the adverse action is taken.
An adverse action notice also is required in employment situations if credit information (other than transactions and experience data) obtained from an affiliate is used to deny employment. Section 615(b)(2). The procedures for investigative consumer reports and employee misconduct investigations are set forth below.
- Employment in the Trucking Industry
Special rules apply for truck drivers where the only interaction between the consumer and the potential employer is by mail, telephone, or computer. In this case, the consumer may provide consent orally or electronically, and an adverse action may be made orally, in writing, or electronically. The consumer may obtain a copy of any report relied upon by the trucking company by contacting the company. - OBLIGATIONS WHEN INVESTIGATIVE CONSUMER REPORTS ARE USED
Investigative consumer reports are a special type of consumer report in which information about a consumer’s character, general reputation, personal characteristics, and mode of living is obtained through personal interviews by an entity or person that is a consumer reporting agency. Consumers who are the subjects of such reports are given special rights under the FCRA. If a user intends to obtain an investigative consumer report, Section 606 requires the following:
• The user must disclose to the consumer that an investigative consumer report may be obtained. This must be done in a written disclosure that is mailed, or otherwise delivered, to the consumer at some time before or not later than three days after the date on which the report was first requested. The disclosure must include a statement informing the consumer of his or her right to request additional disclosures of the nature and scope of the investigation as described below, and the summary of consumer rights required by Section 609 of the FCRA. (The summary of consumer rights will be provided by the CRA that conducts the investigation.)
• The user must certify to the CRA that the disclosures set forth above have been made and that the user will make the disclosure described below.
• Upon the written request of a consumer made within a reasonable period of time after the disclosures required above, the user must make a complete disclosure of the nature and scope of the investigation. This must be made in a written statement that is mailed or otherwise delivered to the consumer no later than five days after the date on which the request was received from the consumer or the report was first requested, whichever is later in time. - SPECIAL PROCEDURES FOR EMPLOYEE INVESTIGATIONS
Section 603(x) provides special procedures for investigations of suspected misconduct by an employee or for compliance with Federal, state, or local laws and regulations or the rules of a self-regulatory organization, and compliance with written policies of the employer. These investigations are not treated as consumer reports so long as the employer or its agent complies with the procedures set forth in Section 603(x), and a summary describing the nature and scope of the inquiry is made to the employee if an adverse action is taken based on the investigation. - OBLIGATIONS OF USERS OF MEDICAL INFORMATION
Section 604(g) limits the use of medical information obtained from consumer reporting agencies (other than payment information that appears in a coded form that does not identify the medical provider). If the information is to be used for an insurance transaction, the consumer must give consent to the user of the report or the information must be coded. If the report is to be used for employment purposes or in connection with a credit transaction (except as provided in regulations issued by the banking and credit union regulators) the consumer must provide specific written consent and the medical information must be relevant. Any user who receives medical information shall not disclose the information to any other person (except where necessary to carry out the purpose for which the information was disclosed, or as permitted by statute, regulation, or order).
VII. OBLIGATIONS OF USERS OF PRESCREENED LISTS
The FCRA permits creditors and insurers to obtain limited consumer report information for use in connection with unsolicited offers of credit or insurance under certain circumstances. Sections 603(l), 604(c), 604(e), and 614(d). This practice is known as prescreening and typically involves obtaining a list of consumers from a CRA who meet certain preestablished criteria. If any person intends to use prescreened lists, that person must (1) before the offer is made, establish the criteria that will be relied upon to make the offer and grant credit or insurance, and (2) maintain such criteria on file for a three-year period beginning on the date on which the offer is made to each consumer. In addition, any user must provide with each written solicitation a clear and conspicuous statement that:
• Information contained in a consumer’s CRA file was used in connection with the transaction.
• The consumer received the offer because he or she satisfied the criteria for creditworthiness or insurability used to screen for the offer.
• Credit or insurance may not be extended if, after the consumer responds, it is determined that the consumer does not meet the criteria used for screening or any applicable criteria bearing on creditworthiness or insurability, or the consumer does not furnish required collateral.
• The consumer may prohibit the use of information in his or her file in connection with future prescreened offers of credit or insurance by contacting the notification system established by the CRA that provided the report. The statement must include the address and toll-free telephone number of the appropriate notification system.
In addition, the Consumer Financial Protection Bureau has established the format, type size, and manner of the disclosure required by Section 615(d), with which users must comply. The regulation is 12 CFR 1022.54.
VIII. OBLIGATIONS OF RESELLERS
A. Disclosure and Certification Requirements
Section 607(e) requires any person who obtains a consumer report for resale to take the following steps:
• Disclose the identity of the end-user to the source CRA.
• Identify to the source CRA each permissible purpose for which the report will be furnished to the end-user.
• Establish and follow reasonable procedures to ensure that reports are resold only for permissible purposes, including procedures to obtain:
– the identity of all end-users;
– certifications from all users of each purpose for which reports will be used; and
– certifications that reports will not be used for any purpose other than the purpose(s) specified to the reseller. Resellers must make reasonable efforts to verify this information before selling the report.
- 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, if 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. - Fraud Alerts and Resellers
Section 605A(f) requires resellers who receive fraud alerts or active duty alerts from another consumer reporting agency to include these in their reports. - LIABILITY FOR VIOLATIONS OF THE FCRA
Failure to comply with the FCRA can result in state government or federal government 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 Consumer Financial Protection Bureau website, www.consumerfinance.gov/learnmore, has more information about the FCRA.
Statutory Citations for the FCRA, 15 U.S.C. 1681 et seq.:
Section 603 15 U.S.C. 1681
Section 604 15 U.S.C. 1681a
Section 605 15 U.S.C. 1681b
Section 605A 15 U.S.C. 1681c
Section 605B 15 U.S.C. 1681c-1
Section 606 15 U.S.C. 1681c-2
Section 607 15 U.S.C. 1681d
Section 608 15 U.S.C. 1681e
Section 609 15 U.S.C. 1681f
Section 610 15 U.S.C. 1681g
Section 611 15 U.S.C. 1681h
Section 612 15 U.S.C. 1681i
Section 613 15 U.S.C. 1681j
Section 614 15 U.S.C. 1681k
Section 615 15 U.S.C. 1681l
Section 616 15 U.S.C. 1681m
Section 617 15 U.S.C. 1681n
Section 618 15 U.S.C. 1681o
Section 619 15 U.S.C. 1681p
Section 620 15 U.S.C. 1681q
Section 621 15 U.S.C. 1681r
Section 622 15 U.S.C. 1681s
Section 623 15 U.S.C. 1681s-1
Section 624 15 U.S.C. 1681s-2
Section 625 15 U.S.C. 1681t
Section 626 15 U.S.C. 1681u
Section 627 15 U.S.C. 1681v
Section 628 15 U.S.C. 1681w
Section 629 15 U.S.C. 1681x
15 U.S.C. 1681y