SoftScreen® a TENANT VERIFY®, LLC Company TERMS OF USE and SERVICE 

It is not possible to utilize our website without first agreeing to our Terms of Use and Service. By clicking the checkbox above, you confirm that you have read, understand, and agree to SoftScreen® a Tenant Verify®, LLC company’s Terms of Use and Service.

 

Our service provides a safe, secure, and legally compliant way for consumers, acting as potential tenants, to perform the following:

  • Positively verify their identity with TransUnion® Rental Screening Solutions

  • Authorize the release and immediate receipt of their own TransUnion® consumer data

  • Authorize and control the distribution of their own consumer data to others, in relation to rental screening

  • Download, Save, and Print copies of their own consumer data

  • Upload and control the distribution of consumer-provided documents and data in support of an application to rent real property

  • Revoke access to their own consumer data and documents, previously released and distributed to others

We (SoftScreen® a Tenant Verify®, LLC company) do NOT perform any of the following:

  • We do NOT verify the consumer's identity. This is performed by TransUnion Rental Screening Solutions®

  • We do NOT authorize the release or distribution of anyone's TransUnion® consumer data. This is performed by the consumer, acting on their own behalf, as a potential tenant

  • We do NOT authorize the release or distribution of anyone's consumer-provided data. This is performed by the consumer, on their own behalf, acting as a potential tenant

  • We do NOT collect, store, maintain, release, or distribute anyone's consumer data. This is performed by TransUnion Rental Screening Solutions® upon the consumer’s authorization

  • We do NOT release, distribute, sell or share anyone's personal information, including but not limited to:
    social security numbers, dates of birth, or methods of payment

We are not responsible for the content of the consumer reports provided by TransUnion® Rental Screening Solutions.

We are not responsible for the content of any uploaded consumer-provided data in support of an application to rent real property

You agree to use our website, products, and services for their intended permissible purpose of rental screening only.

You agree to use our products and services in accordance with all applicable federal, state, and local laws.

You agree NOT to misrepresent your own identity or that of another individual, or your role as either a tenant, agent, property manager, or landlord.

 

WE WANT TENANT ACCOUNT HOLDERS (and their agents) TO KNOW ABOUT OUR NO REFUND POLICY: 

We feel it is important to be transparent, making sure we let you know about our NO REFUND policy right from the start! 

When placing your order for TransUnion® rental screening reports, all requests are fulfilled immediately, reports are generated and made available for immediate use. Once a report has been generated it cannot be reversed. REFUNDS CAN NOT BE PROVIDED UNDER ANY CIRCUMSTANCE once your payment is submitted. ALL ORDERS ARE FINAL. We do not want any unhappy clients! That's why we suggest you do not place an order with us if you are not comfortable with our NO REFUND policy.

We also want you to know that being unhappy or dissatisfied with the information contained within your TransUnion® consumer reports is NOT grounds for a refund or denial of payment (chargeback).

The information contained within your consumer reports is your own historical record, the direct result of how you have conducted your personal affairs. Credit data, including any credit score, criminal records, and records of any past evictions, are the direct result and reflection of your past and present actions and activities. Our service provides a safe, secure way to access your own information, which is on file with TransUnion®. You are able to receive it electronically, and utilize it as you see fit when applying to rent real property. We are not responsible for the resulting content of your consumer reports.  

ALL CONSUMERS HAVE THE RIGHT TO DISPUTE ANY INACCURACIES OR INCOMPLETE INFORMATION

Should you discover any inaccuracies or incomplete information on your TransUnion® reports, you have a right to have these removed and/or corrected. You can contact TransUnion® directly. It is their obligation under the F.C.R.A. to collect, maintain and dispense accurate information on all consumers. SoftScreen is NOT able to make any changes, additions, corrections, or deletions to your information, on file with TransUnion®. 

THERE IS NO COST TO REGISTER WITH US. 
Creating an account is cost-free for all Tenants, Agents, Property Managers, and Property Owners. 

FOR TENANTS: A charge is only applicable if and when you decide to take possession of your consumer reports. Beginning with report generation, your reports will be made available to you for a total of 60 days. During the first 30 days, you can share them by granting secure server access to any listing agent, property manager, or landlord. During the entire 60 days, you can print or save any generated reports as a PDF download. This 30/60 day period begins when your reports are generated. Reports are generated when you verify your ID with TransUnion®. Your 30/60 day period does NOT begin when your payment is provided. Providing payment releases your already generated reports to you. Once released, you will NOT be charged to use, re-use, share, and re-share your reports during the 30-day period, which began when you verified your ID, generating reports. Sharing can be done up to 5 times per day for the entire 30-day period, beginning upon report generation. 

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.

Please read the following information carefully before using this website.

By accessing or using the website, you acknowledge that you have read, understand, and agree to the Terms of Use and Service and to follow all applicable laws and regulations. If you do not agree with the Terms of Use and Service, do not use this website. We reserve the right, in our sole discretion, to modify or update these Terms of Use and Service at any time. 


YOU AGREE TO OUR TERMS OF USE and SERVICE

Your use of this website beyond the home page and our public-facing pages constitutes acceptance of the Terms of Use.

Privacy
Since it affects your use of our website, please review the Privacy Policy to understand our practices.

 

USE OF OUR DOCUMENT UPLOAD TOOL - OUR RIGHTS AND YOUR PERMISSIONS

You have the ability to choose to provide certain document uploads including but not necessarily limited to Pay Stubs, W-2s, Government Issued Photo I.D., Letters of Reference, Letter from Employers. Use of our Document Upload Tool is of your own free will and choosing. By choosing to provide documents and images, you consent to their being shared by you with SoftScreen® a TENANT VERIFY®, LLC Company, as well as with any Real Estate Agent, Property Manager, and/or Landlord who you have authorized to receive them. You control the use and distribution of your own information.

You are granting your permission to SoftScreen® a TENANT VERIFY®, LLC Company to host your uploads, back them up for safekeeping, delete them without notice if and when necessary, at our sole discretion, and to provide you with the ability to share them with others. Your permission to view, download, print and use any files you upload is extended and granted to SoftScreen® a TENANT VERIFY®, LLC Company, Real Estate Agents, Property Managers, and Landlords when you are applying for tenancy.

Your Responsibilities

You agree to use our service as permitted by, and without violating any and all applicable laws.

Using our service requires you to agree with our terms of use and service. You will not upload any documents, images, or materials that you do not have ownership of. You will not upload anything at all that is not necessary for your application for tenancy at a rental property that has been registered with www.SoftScreen.com, or www.app.SoftScreen.com. You will not upload any images with the exception of your own, personal government-issued photo I.D.

Our Rights and Privileges 

SoftScreen® a TENANT VERIFY®, LLC Company has the right to review your uploads and their content for compliance with these Terms. In the event we are notified about, or discover a violation of our terms of use and service, we reserve and maintain the right to delete any and all uploaded materials. We also reserve the right to terminate your account and your access to all products and services without notice. In the event this occurs, you will not be entitled to any refund, full or partial, for any fees you had paid for the use of our services.

 

Disclaimer of Warranties and Liability
The Services offered on this website are provided “as is”, with no warranties of any kind. We will not be liable for any damages you incur while using our Services, even if you advise us that such damages are possible.

SoftScreen® a Tenant Verify® LLC Company is not a credit repair organization, or a similarly regulated organization under other applicable laws, and does not provide credit repair advice.

SoftScreen® a Tenant Verify® Company’s credit information access offerings monitor only the credit file associated with the authenticated individual and does not monitor, compare or cross-reference the credit file associated with the authenticated individual to any other credit file(s) maintained by the applicable credit bureau(s).

 

Trademark and Content Rights
The trademarks, service marks, and logos (the “Trademarks”) used in this website are registered and unregistered Trademarks. The Trademarks belong to SoftScreen® a Tenant Verify® LLC Company or its respective owner. The Trademark owner has exclusive rights to the Trademarks. Any unauthorized use of the Trademarks is strictly prohibited. You may not display or use the Trademarks for any purpose without the written permission of the Trademark owner. You may not replicate, modify, or alter the appearance or content of this website. You may not use, frame, or utilize framing techniques to enclose any of the content of this website. You are not given any right or license to (i) the content of this website or (ii) any intellectual property or proprietary rights of SoftScreen® a Tenant Verify® Company.

 

Policy on Links to Third-Party Web Sites
This website may contain links to third-party websites. SoftScreen® a Tenant Verify® LLC Company does not represent, guarantee, or endorse any website that you may access from this website. In addition, if we provide a link to a website, we do not represent, guarantee, or endorse the company or any of its offerings. Links contained on this website, if any, are provided solely as a convenience to you. When you access a non-SoftScreen® a Tenant Verify® LLC Company website, please understand that the linked site and its content are not under our control. SoftScreen® a Tenant Verify® LLC Company is not responsible for webcasting or any other form of transmission received from any linked sites. You are responsible for protecting your system from viruses and other invasive items.

 

Unsolicited Idea Submission Policy
When you provide us with comments, suggestions, or ideas (collectively “Feedback”), such Feedback is not considered confidential and becomes the property of SoftScreen® a Tenant Verify® Company. We are not obligated to you if you provide such Feedback. We are free to use, copy, or distribute the Feedback to others for any purpose.

 

International Use
Because you can access this website internationally, you agree to follow all local rules about the Internet, data, e-mail, and privacy. Specifically, you agree to follow all laws that apply to transmitting technical data exported from the United States or the country of your residence.

 

Indemnification
You agree to reimburse SoftScreen® a Tenant Verify® Company, its officers, employees, agents, and partners for all losses, damages, and costs, including reasonable attorney’s fees, resulting from your violation of these Terms of Use.

 

Copyright Notice
©2019 SoftScreen® a Tenant Verify® LLC Company, All Rights Reserved. Except as otherwise stated, SoftScreen® a Tenant Verify® LLC Company owns all content contained in this website. Content includes the information, text, graphics, website design, and its selection, assembly, and arrangement (collectively “Content”). The Content is protected by copyright laws of the United States and other countries. The Content may not be used for any commercial purpose or copied, distributed, displayed, modified, or reverse engineered without SoftScreen® a Tenant Verify® LLC Company’s prior written permission. You may print or download portions of material from the website solely for your own non-commercial use if you do not change or delete any copyright or proprietary notices from the materials.

 

Additional Agreements and Acknowledgements

You are freely requesting and authorizing the 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.  This request for consumer reporting is being made on your own behalf and you are The Consumer initiating this request on your own behalf for delivery to yourself, as well as to your appointed credentialed End Users for the purpose of Rental Screening in relation to your application(s) for a tenancy. 

 

It is understood that all consumer reporting will be for the exclusive permissible purpose of tenant screening ONLY pursuant to a rental application.

 

You agree to hold harmless Your Appointed End Users and SoftScreen® a Tenant Verify®, LLC company, 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 the tenancy. 

 

You agree to hold harmless Your Appointed End User and SoftScreen® a Tenant Verify®, LLC company, 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 may be incomplete or possibly inaccurate in whole or in part. 

Consumers have the right to investigate and dispute any inaccuracies discovered within their consumer report(s).

You do NOT have the right to dispute payment based on the content of reports.

We provide you with a way to access and receive information that is available from consumer credit reporting agencies as well as from public records. As such, you acknowledge, understand, and accept 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 SoftScreen® a Tenant Verify®, LLC company nor are we 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 of, or the content of any and all information contained within the requested consumer reporting. 

In the event inaccuracies are revealed or discovered within the consumer reports we provide, consumers have the right, as per the Fair Credit Reporting Act to dispute the inaccuracies DIRECTLY with the provider of your consumer data. TransUnion® provides all data for the reports you access. 

You do NOT have the right to dispute the charge or charges paid to Tenant Verify® LLC or SoftScreen® a Tenant Verify® LLC company. Payment, once provided, is nonrefundable. Reports will have been provided, and the content of all report(s) is not within our control. Rather, the content of the report(s) is determined by YOU. Your own credit history, criminal past, and your history of evictions are what determine the content of your report(s). As such, you may not dispute the charges for our products and services on this basis.

 

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.

The Consumer Report or Investigative Consumer Report for credit, criminal, and/or evictions are prepared by:

TransUnion Rental Screening Solutions
6430 South Fiddlers Green Circle, Suite 500
Greenwood Village, CO 80111
(800) 230-9376  

 

SoftScreen® a Tenant Verify®, LLC company is not responsible for circumstances 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. In the event the information you provide is not correct, should any resulting need for additional consumer reporting arise, requests shall be made via www.SoftScreen.com. Any charges or costs for additional consumer reporting, should they be required or elected by the consumer/applicant is not the responsibility of SoftScreen® a Tenant Verify®, LLC company.

 

You understand that SoftScreen® a Tenant Verify®, LLC company does not house or control the data on file with TransUnion Rental Screening Solutions. We do not have the ability to alter, change or delete information on file with TransUnion Rental Screening Solutions.  

 

Additional Terms of Use and Service

 

PROVIDING YOU WITH THE FOLLOWING INFORMATION AND DISCLOSURES IS or MAY BE 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.

2.      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.)