Sign Up: Membership Agreement

USA LANDLORDS MEMBERSHIP and CONFIDENTIALITY AGREEMENT
for Members wishing to have a site inspection and access to a Full Consumer Credit Report

Note: You cannot type on this document. You are providing an electronic signature by clicking on I agree Sign Me Up at the bottom of this page.

 

 

Between: Your Name is deemed to go here (Herein after called "The Member")

And: ATS Tenant Screen (Herein after called "The Company")

 

  1. The Company agrees to:
    1. maintain a database of information obtained from its members and other sources.
    2. furnish such information ("Consumer Report") and services as requested by The Member for stated fees and as permitted by law.
    3. provide such other services from time to time as may be deemed by The Company to be beneficial to The Member.

  2. The Member agrees to use Consumer Reports only in connection with its legitimate business and for a purpose authorized by the Federal Fair Credit Reporting Act, 15 U.S.C. 1681 et seq. (FCRA) such as for entering or renewal of tenancy agreements, for employment screening purposes, for extension of credit.

  3. The Member certifies that the type of business requesting a Consumer Credit Report is: (click one)
    Property Management/Landlord... permissible purpose is tenant screening
    Retail Sales required to extend credit...permissible purpose is extension of credit
    Employer conducting employment screening...permissible purpose is employment screening.

  4. The member agrees to a physical site inspection as explained in Option 2 of the Sign Up process. Member further agrees to allow access by a qualified person to inspect the business premises whether home office or commercial office to ensure that it meets the criteria as outlined in Option 2 under Criteria.

  5. The Member agrees to request Consumer Reports only for The Member's exclusive and one time use, and to hold the contents of a Consumer Report in strict confidence and to not disclose the contents of a Consumer Report to any other person. The member further agrees that he/she will not access consumer credit data on themselves, family, relatives or friends and will not obtain consumer credit data for any other Individual or Company. Member hereby acknowledges that hard copies of consumer reports are to be shredded or destroyed, rendered unreadable when no longer required.

  6. Member agrees that he/she will use the Score only for Member's exclusive use and will not use the Score for model development or model calibration and shall not reverse engineer the Score. All Scores provided will be held in strict confidence and may never be sold, licensed, copied, reused, disclosed, reproduced revealed or made accessible, in whole or in part, to any Person except (i) to those employees of The Member with a need to know and in the course of their employment; (ii) to those third party processing agents of The Member who have executed an agreement that limits the use of the Scores by the third party to the use permitted to The Member and contains the prohibitions set forth herein regarding model development, model calibration and reverse engineering; (iii) when accompanied by the corresponding reason codes, to the consumer who is the subject of the Score; or (iv) as required by law.

  7. To refer any consumer seeking to question or challenge the content of a Consumer Report relating to him or her to The Company.

  8. Member certifies that he/she is not a bail bond company, credit repair company (including credit counseling and credit clinics), investigative company ( including private investigators and detective agencies), attorney or paralegal firm, news agency or journalist, law enforcement personnel, dating service, asset location service, has never been involved in credit fraud or other unethical business practices, is not listed on any credit reporting agency notification, and that the business operation for which this application is being made is one of renting real property (houses, apartments or commercial buildings) which the member does not occupy.

  9. The Member hereby acknowledges that The Company cannot guarantee the accuracy of any Consumer Report and accepts all information "AS IS". Member acknowledges and agrees that The Company obtains its data from third-party sources, which may or may not be completely thorough and accurate, and the member shall not rely on The Company for the accuracy or completeness of information supplied through The Company's Services.

  10. In no way shall The Company, its Directors or Employees be liable in any manner whatsoever for any loss or injury to The Member resulting from the obtaining or furnishing of a Consumer Report. The Member agrees to save and hold The Company, its Directors and Employees harmless and indemnify them from any claims, losses, damages, or costs arising from the publication or disclosure of any Report from The Company to The Member.

  11. The Member agrees that it shall obtain written Authorization from the Prospective Tenant before requesting a Consumer Report from The Company. If requested by the consumer, The Member will provide the Consumer with the name, address and telephone number of The Company.

  12. The Member agrees to hold Experian provided data in strict confidence and not to resell Experian provided data or share Experian provided data in whole or in part with any unauthorized person.

  13. The member agrees that he/she will take every precaution to protect the end-user information (user name * password) and acknowledges liability and responsibility for same.

  14. All terms, conditions, warranties or transactions under this agreement are subject to the Fair Credit Reporting Act and any provision of this agreement not in compliance therewith shall be deemed to be amended so as to comply.

  15. The Member understands and agrees that in order to ensure compliance with the Graham-Leach Bliley Act (15 U.S.C. 6801 et seq.), and the Driver's Privacy Protection Act ( 19 U.S.C. 2721 et seq.), other similar state or federal laws, regulations or rules, regulatory agency requirements, the terms and conditions of the Agreement and The Company's obligations under its contracts with its data providers, The Company may conduct periodic reviews of The Member's use of The Company's Services and may, upon reasonable notice audit The Member's records, processes and procedures related to The Member's use, storage and disposal of The Company's Services and information received therefrom. The Member agrees to cooperate fully with any and all audits. Violations discovered in any review and/or audit by The Company will be subject to immediate action including, but not limited to, suspension or termination of the use of The Company's Services, legal action, and/or referral to federal or state regulatory agencies.

  16. This agreement shall continue in effect from year to year unless terminated by breach or cancelled by either party.

  17. The Member agrees to complete the Lexis Nexis ID questionnaire that the Company deems necessary for the purpose of evaluating this application and establishing Member's Identity as required by the Credit Bureaus and to maintain compliance with the Fair Credit Reporting Act. Member is hereby made aware that this process prevents Identity Thieves from gaining access to Consumer Reports via the Company.

  18. Member hereby agrees to all of the terms in FCRA (Fair Credit Reporting Act) and certifies that he/she has a permissible purpose as noted in section 3 for obtaining consumer reports, as defined by Section 604 of the Federal Fair Credit Reporting Act (15 USC 1681b) as amended by the Consumer Credit Reporting Reform Act of 1996, hereinafter called "FCRA".

  19. Subscriber will maintain copies of all written authorizations for a minimum of three (3) years from the date of inquiry. This includes written authorizations for ALL applicants where Experian provided data was received.

  20. THE FCRA 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, OR IMPRISONED NOT MORE THAN TWO YEARS, OR BOTH.

    21. END USER CERTIFICATION OF USE FOR EMPLOYMENT INSIGHT REPORTS

  21. In compliance with the Federal Fair Credit Reporting Act as amended by the Consumer Credit Reporting Reform Act of 1996 (the "Act"), ("End User") hereby certifies to Consumer Reporting Agency that it will comply with the following provisions:
    1. End User will ensure that prior to procurement or causing the procurement of a consumer report for employment purposes (an Employment Insight Report):
      a) a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes; and
      b) the consumer has authorized in writing the procurement of the report by the End User.
    2. In using a consumer report for employment purposes, before taking any adverse action based in whole or in part on the report, the End User shall provide to the consumer to whom the report relates
      a) a copy of the report; and
      b) a description in writing of the rights of the consumer under the Act, a copy of which is attached hereto ("Summary of Consumer Rights").


    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.

    22. END USER CERTIFICATION OF COMPLIANCE
    California Civil Code - Section 1785.14(a)

  22. 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:

  23. 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."

  24. 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."

  25. 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."

  26. 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.


    27. FCRA Requirements
    Federal Fair Credit Reporting Act (as amended by the Consumer Credit Reporting Reform Act of 1996)

    http://www.ftc.gov/os/statutes/031224fcra.pdf

  27. 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.
  28. THE FCRA 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, OR IMPRISONED NOT MORE THAN TWO YEARS, OR BOTH.


The Member acknowledges that it is a criminal offence to obtain consumer credit information from The Company by fraudulent means and is hereby notified that The Company will report all fraudulent applications for membership to the appropriate Police jurisdiction for criminal action. The Member is hereby notified that as part of its due diligence The Company will verify and confirm this application and your status as a landlord.