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Terms of Service

 

 

TENANT VERIFY, LLC TERMS OF SERVICE

 

 

NOTICE:

 

THE FCRA (Fair Credit Reporting Act) PROVIDES THAT ANY PERSON WHO KNOWINGLY AND WILLFULLY OBTAINS INFORMATION ON A CONSUMER FROM A CONSUMER REPORTING AGENCY UNDER FALSE PRETENSES SHALL BE FINED UNDER TITLE 18 OF THE UNITED STATES CODE OR IMPRISONED NOT MORE THAN TWO YEARS, OR BOTH.

 

 

BY SUBMITTING AN APPLICATION FOR CONSUMER REPORTING YOU AGREE TO OUR TERMS OF SERVICE:

 

You are freely requesting and authorizing the pulling and subsequent release of ALL available consumer report(s) which includes credit, investigative criminal and eviction reports, containing any and all information, both past and present, including but not limited to, all records and data on file with credit reporting agencies, financial institutions, employers, local, state and federal government agencies, law enforcement agencies and other domestic and international credit and criminal data reporting agencies.

 

One or more consumer report(s) will be requested in connection with your application.

 

The consumer data for credit reports will be furnished by:

TransUnion

TransUnion Consumer Relations

2 Baldwin Place

P.O. Box 1000

Chester, PA 19022

 

The consumer data for investigative criminal reports and/or eviction reports will be furnished by:

TransUnion

Background Data Solutions

6430 South Fiddlers Green Circle

Suite 500

Greenwood Village, CO 80111

 

This request for consumer reporting is being made on your own behalf

 

OR

 

On behalf of a consumer, pursuant to a rental application and in accordance with the permissible purpose of tenant screening as per the Fair Credit Reporting Act. YOU HAVE WRITTEN, SIGNED PERMISSION, GRANTED BY THE CONSUMER(S) WHO IS THE SUBJECT OF ANY AND ALL CONSUMER REPORTING.

 

Acquisition and release of the requested consumer reporting and all information contained within shall be by Tenant Verify, LLC who you are authorizing to:

 

A) Request and pull the consumer report and 

B) Release and deliver the consumer report to the appointed credentialed End User at the email address provided

 

You certify that you are one of the following:   

 

The Consumer initiating this request on your own behalf for delivery to your appointed credentialed End User for the purpose of Tenant Screening. You fully agree and consent to Tenant Verify accessing and pulling ALL available consumer reports; Credit Report, Criminal Background Report, Eviction Report.

 

The End User; A credentialed, authorized agent obtaining consumer reporting pursuant to a rental application, on behalf of a tenant applicant(s) with the permissible purpose of Tenant Screening. YOU HAVE WRITTEN, SIGNED PERMISSION, GRANTED BY THE CONSUMER(S) WHO IS THE SUBJECT OF ANY AND ALL CONSUMER REPORTING.

 

An Authorized Third Party; A party to the rental transaction, the Landlord, Property Owner or Property Manager, requesting consumer report(s) on behalf of a tenant applicant(s), with the permissible purpose of Tenant Screening, pursuant to an existing application for tenancy, with delivery to a credentialed end user. YOU HAVE WRITTEN, SIGNED PERMISSION, GRANTED BY THE CONSUMER(S) WHO IS THE SUBJECT OF ANY AND ALL CONSUMER REPORTING.

 

In all cases, the consumer fully agrees and consents to the full disclosure of such information to Tenant Verify, LLC and authorizes Tenant Verify, LLC to release all such disclosed consumer reports to the credentialed End User via email.

 

It is understood that a copy of any and all consumer reporting will NOT be returned, delivered, provided or disclosed to the consumer/applicant in any manner. All reporting shall be delivered to the Credentialed End User ONLY. Fees paid to and collected by Tenant Verify LLC are for consumer reports with the exclusive permissible purpose of tenant screening ONLY and not for the personal consumption or use by the consumer/applicant(s) who is the subject of the consumer report(s). You acknowledge, understand and agree that the consumer has no need for a copy or copies of the requested consumer report(s) as it relates to the permissible purpose. 

 

Credit bureau rules expressly forbid the release of consumer reports by Tenant Verify, LLC directly to the consumer.

 

Tenant Verify, LLC will NOT provide a copy of the consumer report to the consumer under any circumstances. Consumer reports for the purpose of Tenant Screening may only be made available and released to those involved in the tenant screening process and not to the consumer who is the subject of the report.

 

All consumers are entitled to receive a copy of their consumer credit report, free of charge, once annually. To receive a copy of your credit report please visit www.annualcreditreport.com 

 

You understand and agree that when requesting a consumer report or multiple consumer reports for more than one individual the resulting reports may be returned to the End User in the form of one document. The resulting consumer report(s), record(s) and data will be released in their entirety to the End User.

 

You agree that upon obtaining the requested consumer report(s) the credentialed End User will use the information received, in it's entirety, for a one-time use ONLY, to enable the Tenant Screening process and for no other purpose.

 

You agree to hold harmless Your Appointed End User and Tenant Verify, LLC, as well as any of its agents, employees, subcontractors, owners, members and any cooperating parties involved in the tenant screening process for any and all events resulting from this request, including but not limited to being declined for tenancy. 

 

You agree to hold harmless Your Appointed End User and Tenant Verify, LLC, as well as any of its agents, employees, subcontractors, owners, members and any cooperating parties involved in the tenant screening process for any inaccuracies or omissions in the information, data or records provided. 

 

You understand that the information received is from imperfect human sources. We provide information that is available from consumer credit reporting agencies as well as from public records. As such, please be aware that public records and consumer credit files may not always be 100% accurate or could possibly be incomplete. As such, the accuracy of records and data cannot be guaranteed. Such inaccuracies are not in the control of Tenant Verify, LLC and Tenant Verify, LLC is NOT responsible for the accuracy of the data within the requested consumer report(s) or for the content within the reports. As such we make no warranties or representation as to the accuracy or of the content of any and all information contained within the requested consumer reporting.

 

Consumers have the right to investigate any inaccuracies within their consumer report(s) and understand that all inquiries MUST BE DIRECTED to Tenant Verify, LLC and not to the reporting bureau directly.

  

Tenant Verify, LLC is not responsible for circumstance beyond Our control, including but not limited to internet service provider failures, interruption of Your ISP service, credit bureau server failures and downtime, inaccurate information entered into your application including but not limited to email addresses, dates of birth, telephone and social security numbers.  

IT IS THE APPLICANT'S RESPONSIBILITY TO PROVIDE ACCURATE INFORMATION.

 

You guarantee that the information being provided is correct and accurate. It is being submitted for the permissible purpose of tenant screening ONLY. 

 

In the event information provided to Tenant Verify, LLC is not correct, should any resulting need for additional consumer reporting arise, requests shall be made via www.tenantverify.net 

Any charges or costs for additional consumer reporting elected by the consumer/applicant is not the responsibility of Tenant Verify, LLC. 

 

To maintain compliance with Federal Law and Credit Bureau rules, delivery by Tenant Verify LLC to the credentialed End User shall be done via email to known and verified email addresses only. We make every effort to protect your consumer information and work within the guidelines of federal law.

 

You understand that when requesting a consumer credit file a hard inquiry will be appear on your credit report. Inquiries, once made, cannot be removed. Tenant Verify does not house or control the data on file with the credit bureau. We do not have the ability to alter, change or delete information on file with the credit bureau.  

 

REFUND POLICY:

You understand that REFUNDS CANNOT BE PROVIDED once your application is submitted. Upon submission all requests are fulfilled immediately. ALL PAID REQUESTS FOR REPORTING ARE FINAL.

 

By clicking the Terms of Service checkbox and subsequently submitting your application for consumer reporting, you have read, understand and agree to Tenant Verify, LLC’s Terms of Service.

 

PROVIDING YOU WITH THE FOLLOWING INFORMATION AND DISCLOSURES IS REQUIRED:

 

IF NEW YORK STATE’S FAIR CREDIT REPORTING ACT GOVERNS YOUR PUBLIC RECORD INFORMATION PLEASE NOTE THE FOLLOWING:

New York’s General Business Law Section 380-b(b)

380-b. Permissible dissemination of reports.

(a) A consumer   reporting agency may furnish a consumer report under the following   circumstances and no other:

(1) In response to the order of a court having jurisdiction to issue   such an order, or

(2) In accordance with the written instructions of the consumer to   whom it relates, or

(3) To a person whom it has reason to believe intends to use the   information (i) in connection with a credit transaction involving the   consumer on whom the information is to be furnished and involving the   extension of credit to, or review or collection of an account of, the   consumer, or (ii) for employment purposes, or (iii) in connection with   the underwriting of insurance involving the consumer, or (iv) in   connection with a determination of the 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, or (v) to a person in connection with a business transaction   involving the consumer where the user has a legitimate business need for   such information, or (vi) in connection with the rental or lease of a   residence.

(b) No person shall request a consumer report, other than an   investigative consumer report, in connection with an application made   after the effective date of this article, for credit, employment,   insurance, or rental or lease of residences, unless the applicant is   first informed in writing or in the same manner in which the application   is made that (i) a consumer report may be requested in connection with   such application, and (ii) the applicant upon request will be informed   whether or not a consumer report was requested, and if such report was   requested, informed of the name and address of the consumer reporting   agency that furnished the report.

(c) Where the notice provided pursuant to subdivision (b) of this   section further indicates that subsequent consumer reports, other than   investigative consumer reports, may be requested or utilized   in   connection with an update, renewal, or extension of the credit,   employment, insurance, or rental or lease of residences for which   application was made, no additional notice to the consumer shall be   required at the time such subsequent report is requested.

(d) The notice requirements of this section shall not be applicable to the update, renewal, or extension of credit, employment, insurance, or rental or lease of residences for which initial application was made prior to the effective date of this article.

NEW YORK CORRECTION LAW

ARTICLE 23-A

LICENSURE AND EMPLOYMENT OF PERSONS PREVIOUSLY CONVICTED OF ONE OR MORE CRIMINAL OFFENSES

Section 750. Definitions.

Section 751. Applicability.

Section 752. Unfair discrimination against persons previously convicted of one or more criminal offenses prohibited.

Section 753. Factors to be considered concerning a previous criminal conviction; presumption.

Section 754. Written statement upon denial of license or employment.

Section 755. Enforcement.

Section 750. Definitions. For the purposes of this article, the following terms shall have the following meanings:

(1) "Public agency" means the state or any local subdivision thereof, or any state or local department, agency, board or commission.

(2) "Private employer" means any person, company, corporation, labor organization or association which employs ten or more persons.

(3) "Direct relationship" means that the nature of criminal conduct for which the person was convicted has a direct bearing on his fitness or ability to perform one or more of the duties or responsibilities necessarily related to the license, opportunity, or job in question.

(4) "License" means any certificate, license, permit or grant of permission required by the laws of this state, its political subdivisions or instrumentalities as a condition for the lawful practice of any occupation, employment, trade, vocation, business, or profession. Provided, however, that "license" shall not, for the purposes of this article, include any license or permit to own, possess, carry, or fire any explosive, pistol, handgun, rifle, shotgun, or other firearms.

(5) "Employment" means any occupation, vocation or employment, or any form of vocational or educational training. Provided, however, that "employment" shall not, for the purposes of this article, include membership in any law enforcement agency.

  • 751. Applicability. The provisions of this article shall apply to any application by any person for a license or employment at any public or private employer, who has previously been convicted of one or more criminal offenses in this state or in any other jurisdiction
  • 752. Unfair discrimination against persons previously convicted of one or more criminal offenses prohibited. No application for any license or employment, and no employment or license held by an individual, to which the provisions of this article are applicable, shall be denied or acted upon adversely by reason of the individual's having been previously convicted of one or more criminal offenses, or by reason of a finding of lack of "good moral character" when such finding is based upon the fact that the individual has previously been convicted of one or more criminal offenses, unless:

(1) There is a direct relationship between one or more of the previous criminal offenses and the specific license or employment sought or held by the individual; or

(2) the issuance or continuation of the license or the granting or continuation of the employment would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public.

  • 753. Factors to be considered concerning a previous criminal conviction; presumption.
  1. In making a determination pursuant to section seven hundred fifty-two of this chapter, the public agency or private employer shall consider the following factors:

(a) The public policy of this state, as expressed in this act, to encourage the licensure and employment of persons previously convicted of one or more criminal offenses.

(b) The specific duties and responsibilities necessarily related to the license or employment sought or held by the person.

(c) The bearing, if any, the criminal offense or offenses for which the person was previously convicted will have on his fitness or ability to perform one or more such duties or responsibilities.

(d) The time which has elapsed since the occurrence of the criminal offense or offenses.

(e) The age of the person at the time of occurrence of the criminal offense or offenses.

(f) The seriousness of the offense or offenses.

(g) Any information produced by the person, or produced on his behalf, in regard to his rehabilitation and good conduct.

(h) The legitimate interest of the public agency or private employer in protecting property, and the safety and welfare of specific individuals or the general public.

  1. In making a determination pursuant to section seven hundred fifty-two of this chapter, the public agency or private employer shall also give consideration to a certificate of relief from disabilities or a certificate of good conduct issued to the applicant, which certificate shall create a presumption of rehabilitation in regard to the offense or offenses specified therein.
  • 754. Written statement upon denial of license or employment. At the request of any person previously convicted of one or more criminal offenses who has been denied a license or employment, a public agency or private employer shall provide, within thirty days of a request, a written statement setting forth the reasons for such denial.
  • 755. Enforcement.
  1. In relation to actions by public agencies, the provisions of this article shall be enforceable by a proceeding brought pursuant to article seventy-eight of the civil practice law and rules.
  2. In relation to actions by private employers, the provisions of this article shall be enforceable by the division of human rights pursuant to the powers and procedures set forth in article fifteen of the executive law, and, concurrently, by the New York city commission on human rights.

IF CALIFORNIA’S INVESTIGATIVE CONSUMER REPORTING AGENCIES ACT GOVERNS YOUR PUBLIC RECORD INFORMATION PLEASE NOTE THE FOLLOWING

ARTICLE 2. Obligations of Investigative Consumer Reporting Agencies [1786.10 - 1786.40]

  (Article 2 added by Stats. 1975, Ch. 1272.)

1786.16.  

(a) Any person described in subdivision (d) of Section 1786.12 shall not procure or cause to be prepared an investigative consumer report unless the following applicable conditions are met:

(1) If an investigative consumer report is sought in connection with the underwriting of insurance, it shall be clearly and accurately disclosed in writing at the time the application form, medical form, binder, or similar document is signed by the consumer that an investigative consumer report regarding the consumer’s character, general reputation, personal characteristics, and mode of living may be made. If no signed application form, medical form, binder, or similar document is involved in the underwriting transaction, the disclosure shall be made to the consumer in writing and mailed or otherwise delivered to the consumer not later than three days after the report was first requested. The disclosure shall include the name and address of any investigative consumer reporting agency conducting an investigation, plus the nature and scope of the investigation requested, and a summary of the provisions of Section 1786.22.

(2) If, at any time, an investigative consumer report is sought for employment purposes other than suspicion of wrongdoing or misconduct by the subject of the investigation, the person seeking the investigative consumer report may procure the report, or cause the report to be made, only if all of the following apply:

(A) The person procuring or causing the report to be made has a permissible purpose, as defined in Section 1786.12.

(B) The person procuring or causing the report to be made provides a clear and conspicuous disclosure in writing to the consumer at any time before the report is procured or caused to be made in a document that consists solely of the disclosure, that:

(i) An investigative consumer report may be obtained.

(ii) The permissible purpose of the report is identified.

(iii) The disclosure may include information on the consumer’s character, general reputation, personal characteristics, and mode of living.

(iv) Identifies the name, address, and telephone number of the investigative consumer reporting agency conducting the investigation.

(v) Notifies the consumer in writing of the nature and scope of the investigation requested, including a summary of the provisions of Section 1786.22.

(vi) Notifies the consumer of the Internet Web site address of the investigative consumer reporting agency identified in clause (iv), or, if the agency has no Internet Web site address, the telephone number of the agency, where the consumer may find information about the investigative reporting agency’s privacy practices, including whether the consumer’s personal information will be sent outside the United States or its territories and information that complies with subdivision (d) of Section 1786.20. This clause shall become operative on January 1, 2012.

(C) The consumer has authorized in writing the procurement of the report.

(3) If an investigative consumer report is sought in connection with the hiring of a dwelling unit, as defined in subdivision (c) of Section 1940, the person procuring or causing the request to be made shall, not later than three days after the date on which the report was first requested, notify the consumer in writing that an investigative consumer report will be made regarding the consumer’s character, general reputation, personal characteristics, and mode of living. The notification shall also include the name and address of the investigative consumer reporting agency that will prepare the report and a summary of the provisions of Section 1786.22.

(4) The person procuring or causing the request to be made shall certify to the investigative consumer reporting agency that the person has made the applicable disclosures to the consumer required by this subdivision and that the person will comply with subdivision (b).

(5) The person procuring the report or causing it to be prepared agrees to provide a copy of the report to the subject of the investigation, as provided in subdivision (b).

(b) Any person described in subdivision (d) of Section 1786.12 who requests an investigative consumer report, in accordance with subdivision (a) regarding that consumer, shall do the following:

(1) Provide the consumer a means by which the consumer may indicate on a written form, by means of a box to check, that the consumer wishes to receive a copy of any report that is prepared. If the consumer wishes to receive a copy of the report, the recipient of the report shall send a copy of the report to the consumer within three business days of the date that the report is provided to the recipient, who may contract with any other entity to send a copy to the consumer. The notice to request the report may be contained on either the disclosure form, as required by subdivision (a), or a separate consent form. The copy of the report shall contain the name, address, and telephone number of the person who issued the report and how to contact them.

(2) Comply with Section 1786.40, if the taking of adverse action is a consideration.

(c) Subdivisions (a) and (b) do not apply to an investigative consumer report procured or caused to be prepared by an employer, if the report is sought for employment purposes due to suspicion held by an employer of wrongdoing or misconduct by the subject of the investigation.

(d) Those persons described in subdivision (d) of Section 1786.12 constitute the sole and exclusive class of persons who may cause an investigative consumer report to be prepared.

 

IF CALIFORNIA’S INVESTIGATIVE CONSUMER REPORTING AGENCIES ACT GOVERNS YOUR PUBLIC RECORD INFORMATION AND YOU ARE DENIED HOUSING OR CHARGES ARE INCREASED FOR HOUSING, PLEASE NOTE THE FOLLOWING

ARTICLE 2. Obligations of Investigative Consumer Reporting Agencies [1786.10 - 1786.40]

  ( Article 2 added by Stats. 1975, Ch. 1272. )

1786.40.  

(a) Whenever insurance for personal, family, or household purposes, employment, or the hiring of a dwelling unit involving a consumer is denied, or the charge for that insurance or the hiring of a dwelling unit is increased, under circumstances in which a report regarding the consumer was obtained from an investigative consumer reporting agency, the user of the investigative consumer report shall so advise the consumer against whom the adverse action has been taken and supply the name and address of the investigative consumer reporting agency making the report.

(b) Whenever insurance for personal, family, or household purposes involving a consumer is denied or the charge for that insurance is increased, either wholly or in part because of information bearing upon the consumer’s general reputation, personal characteristics, or mode of living, that was obtained from a person other than an investigative consumer reporting agency, the consumer, or another person related to the consumer and acting on the consumer’s behalf, the user of the information shall, within a reasonable period of time, and upon the consumer’s written request for the reasons for the adverse action received within 60 days after learning of the adverse action, disclose the nature and substance of the information to the consumer. The user of the information shall clearly and accurately disclose to the consumer his or her right to make this written request at the time the adverse action is communicated to the consumer.

(Added by Stats. 2002, Ch. 1030, Sec. 6. Effective September 28, 2002.)

IN THE EVENT ADVERSE ACTION IS TAKEN, BASED IN WHOLE OR IN PART ON INFORMATION CONTAINED WITHIN YOUR CONSUMER REPORT(S) YOU ARE ENTITLED TO A FREE COPY OF YOUR REPORT WITHIN 60 DAYS OF BEING NOTIFIED.

FOR CREDIT REPORTS YOU MAY RECEIVE YOUR COPY DIRECTLY FROM

TransUnion

TransUnion Consumer Relations

2 Baldwin Place

P.O. Box 1000

Chester, PA 19022

FOR INVESTIGATIVE CRIMINAL REPORTS AND EVICTION REPORTS YOU MAY RECEIVE YOUR COPY DIRECTLY FROM

TransUnion

Background Data Solutions

6430 South Fiddlers Green Circle

Suite 500

Greenwood Village, CO 80111