2023-564-E-Housing Dept-ONLINE Information Services-Employment Verification service

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6. ONLINE Use. A. B. C. D. The ONLINE Rental Exchange acknowledges its qualification as a specialty consumer reporting agency according to the Fair Credit Reporting Act: § 603 Definitions; rules of construction [15 U.S.C. § 1681a]: “(f) The term “consumer reporting agency” means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.” As a consumer reporting agency, ONLINE may only use Subscriber ’s Records for purposes consistent with applicable federal, state, and local laws, rules, and regulations’ in the identification of credit risk and/or to recover unpaid accounts. ONLINE shall not sell or furnish to any third party a list of consumers' names and addresses identified as a customer/tenant list of Subscriber, nor will ONLINE extract directly from or otherwise identify on any third party's list a list of Subscriber's customers/tenants identified as a customer list of Subscriber. In no event shall ONLINE distribute a list of Subscriber's current or previous tenants outside of the uses defined in this Agreement. ONLINE shall use commercially reasonable efforts to promptly and accurately process and incorporate into its database any maintenance or consumer dispute verifications furnished to it by Subscriber, in accordance with the requirements of the FCRA or other applicable state or federal law. In the event that ONLINE deems any maintenance or verification response of Subscriber to be incomplete, internally inconsistent, or otherwise inaccurate, ONLINE, in its sole discretion, may revise the item of information to conform with information supplied by the consumer, reject the maintenance or verification response and delete the information from its database, or make any other revisions that it deems necessary or appropriate. 7.FCRA Requirements A. B. C. Although the FCRA primarily regulates the operations of consumer reporting agencies, it also affects Subscriber as a user of information. ONLINE has included a copy of the FCRA with Subscriber’s membership kit and it is posted at https://www.ftc.gov/system/files/documents/statutes/fair-credit-reporting-act/545a_fair-credit-reporting- act-0918.pdf. ONLINE suggests that Subscriber and Subscriber ’s 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. See Exhibit “B” for “Notice to Users of Consumer Reports: Obligations of Users Under the FCRA”. As directed by law, consumer 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 Subscriber identifies each request for a report to be used for employment purposes when such report is ordered. Additional state laws may also impact Subscriber’s usage of reports for employment purposes. DocuSign Envelope ID: ED55B3D5-BAD0-45B4-977B-F09C4091C16A