Common use of FACT Act Clause in Contracts

FACT Act. Servicer’s performance of its Servicing obligations under this Agreement shall include, without limitation, compliance with the requirements imposed on Lender, as identified by Lender and as included in this Agreement or the Servicing Guidelines, as a user and furnisher of consumer report information under the Fair and Accurate Credit Transactions Act of 2003 and all regulations issued pursuant thereto, including, without limitation, timely and lawful response to any identity theft report received from any Borrower or consumer reporting agency and the obligation to respond to a credit report reinvestigation request in accordance with the Identity Theft Procedures. Servicer shall notify Lender if it becomes aware that any Borrower is on any list published and maintained by the government of the United States of America of persons or entities with whom the Lender’s transaction of business is restricted, as those lists are currently set forth in Section 5.07 above.

Appears in 2 contracts

Sources: Loan Program Agreement (First Marblehead Corp), Loan Program Agreement (First Marblehead Corp)