FCRA Clause Samples

FCRA. In the event ABT Keystone reviews a credit application for a Borrower or Buyer whose consumer report contains an alert (as that term is used in the Fair Credit Reporting Act (“FCRA”) and its implementing regulation), Dealer will comply with all requirements of the FCRA relating to such alerts, including, but not limited to, performing additional due diligence to confirm the identity of such Buyer as specifically required by the FCRA. Dealer further agrees to comply with the requirements of its own Identity Theft Prevention Program (as required under FCRA’s Red Flags Rule) to confirm the Buyer’s identity and to prevent the occurrence of identity theft. Dealer further agrees to perform any other due diligence as requested by ABT Keystone. The provisions of this subsection shall apply to all credit applications or credit submitted to ABT Keystone by Dealer.

FCRA. Acxiom represents, warrants and covenants that (a) no Acxiom division or operation providing Services under this Agreement (i) is, as of the Contract Execution Date, or (ii) will become during the Term, a ‘credit reporting agency’, as such term is defined under the FCRA; (b) no products or information services utilizing D&B Data will be or become a “consumer report” within the meaning of FCRA; (c) Acxiom will do nothing during the Term that could result in D&B being deemed to be a ‘credit reporting agency’; (d) in providing services hereunder, Acxiom shall take no steps that would result in: (i) D&B or any D&B products or information services which are the subject matter of this Agreement becoming subject to FCRA, or (ii) D&B becoming a consumer reporting agency; and (e) it shall not combine any D&B Information with any information about consumers or use it such that it is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer’s eligibility for credit or insurance that is used primarily for personal, family or household purposes, for employment purposes, or for any of the other permissible purposes defined in §604 of FCRA.

FCRA. “FCRA” means the Fair Credit Reporting Act, 15 U.S.C. § 1681, et seq.

FCRA. Platform Agent shall furnish, in accordance with FCRA, as well as Platform Agent’s own policies and practices, information (e.g., favorable and unfavorable) on its Loan Applicant credit files to TransUnion, Experian or Equifax. For purposes of FCRA, the Platform Agent and not Bank, shall be the “furnisher.” Platform Agent shall be responsible for receiving and responding timely to Complaints (as they pertain to Loans), and forwarding copies of each Complaint and any response thereto to Bank. Platform Agent shall maintain Complaint resolution policies and procedures, and shall further include information summarizing the Complaints and responses thereto for the given time period in each FCRA report by the 10th day of each month, along with sufficient information for Bank to analyze Program activity relating to the Loans. As part of the FCRA report, Platform Agent shall provide Bank information with respect to the number of Loan Applications rejected as a percentage of both total Loan Applications received and total Loan Applications accepted, as well as any additional information reasonably requested by Bank for its fair lending review and analysis.

FCRA. Client acknowledges and agrees that Arcadia is neither a “consumer reporting agency” nor a “furnisher” of information to consumer reporting agencies under the Fair Credit Reporting Act (“FCRA”) and the Output is not a “consumer report” under the FCRA and may not be used as or in such. Client represents and warrants that it will not, and will not permit or enable any third-party to, use the Services (including Output) as a or as part of a “consumer report” as that term is defined in the FCRA or otherwise use the Services (including Output) such that the Services (including Output) would be deemed “consumer reports” under the FCRA.

FCRA. The parties agree that for purposes of this Agreement uConfirm is operating as a consumer reporting agency, as that term is defined in the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) (FCRA) and Client is a furnisher, each having obligations and responsibilities under the FCRA. The parties acknowledge that the Data will be used for consumer reporting purposes pursuant to the FCRA. Client acknowledges receipt of the Notice to Furnishers of Information: Obligations of Furnishers under the FCRA, attached as Appendix A. Furthermore, as a furnisher of information to uConfirm, Client certifies that it has established and implemented written policies and procedures regarding the accuracy and integrity of information furnished to uConfirm pursuant to Appendix A to Furnisher Rule Title 16, Part 600 – Duties of Furnishers of Information to Consumer Reporting Agencies.

FCRA. For Customers in the United States, the materials or reports provided through, or available on, the Genesys

FCRA. For Customers in the United States, the materials or reports provided through, or available on, the Genesys Pointillist Services do not constitute “consumer reports”, as that term is defined in the Fair Credit Reporting Act (15 U.S.C. § 1681, et seq.) (“FCRA”). Accordingly, such materials or reports may not be used by Customer or its users in whole or in part as a factor in determining eligibility for credit, insurance, employment or for any other eligibility purpose that would qualify it as a consumer report under the FCRA. The following Section 10.13 is added to the Agreement as a new clause for the purposes of the Genesys Pointillist Services:

FCRA. Client acknowledges and agrees that Plaid is neither a "consumer reporting agency" nor a "furnisher" of information to consumer reporting agencies under the FCRA andthe Client Data is not a "consumer report" under the FCRA and cannot be used as or in such. Client represents and warrants that it will not, and will not permit or enable any third party to,use the Services or any Client Data as a or as part of a "consumer report" as that term isdefined in the FCRA or otherwise use the Services or any Client Data such that the Services (or any Client Data) would be deemed "consumer reports" under the FCRA.