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NOTICE TO USERS OF CONSUMER REPORTS
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Obligations of Users Under the FCRA
The Federal Credit Report Act (FCRA) requires that a notice be sent to inform users of consumer reports of their legal obligations. State law may impose additional requirements. These are excerpts of the responsibilities imposed by the FCRA, which pertain to Rental Research Users. The FCRA, 15 U.S.C. 1681 et seq., is set forth in full at the Federal Trade Commission's Internet web site (http://www.ftc.gov).
I. Obligations Of All Users Of Consumer Reports
A. Users Must Have a Permissible Purpose
Congress has limited the use of consumer reports to protect consumer's privacy. All users must have a permissible purpose under the FCRA to obtain a consumer report. Section 605 of the FCRA contains a list of the permissible purposes under the law. They include (but are not limited to):
--As authorized by the consumer in writing. Section 604(a)(2)
--For employment purposes, including hiring and promotion decisions, where the consumer has given written permission. Sections 604 (a)(3)(B) and 604(b)
B. Users Must Provide Certifications
Section 604(f) of the FCRA prohibits any person from obtaining a consumer report from a Credit Reporting Agency (CRA) unless the person has certified to the CRA (by a general or specific certification, as appropriate) the permissible purpose(s)for which the report is being obtained and certifies that the report will not be used for any other purpose.
C. Users Must Notify Consumers When Adverse Actions Are Taken
The term "adverse action" is defined very broadly by Section 603 of the FCRA. "Adverse actions" include all business, credit, and employment actions affecting consumers that can be considered to have a negative impact--such as unfavorably changing credit or contract terms or conditions, denying or canceling credit or insurance, offering credit on less favorable terms than requested, or denying employment or promotion.
1. Adverse Actions Based on Information Obtained from a CRA
If a user takes any type of adverse action that is based at least in part on information contained in a consumer report, the user is required by Section 615(a) of the FCRA to notify the consumer. The notification may be done in writing, orally, or by electronic means. It must include the following: