FCRA Compliance

In addition, we must provide each end-user with a copy of the Notice to Users of Consumer Reports. Each client should read and be familiar with the contents of this document.

Before a landlord may obtain a credit report on a prospective tenant, it must have the person's written authorization. Most rental application forms have the consent clause just above the signature on the last page. Or, Achievement Tec will provide each end-user with FCRA-compliant forms that may be used to procure consumer reports on applicants.

Using Consumer Reports

When taking any adverse action against the applicant, the landlord must notify the applicant that adverse action has been taken based in whole or in part on a consumer report. Further, they must provide the consumer with:

• The name, address and telephone number of the reporting agency (including the toll-free number of a national agency);
• Notice of the person's right to obtain an additional free copy of the report by making the request within 60 days;
• Notice of the person's right to dispute the accuracy or completeness of the report with the consumer reporting agency; and
• A notice that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide the person the specific reasons why the action was taken.

Common types of adverse action that landlords may take against an applicant are:

• Denying the application;
• Requiring a co-signer on the lease;
• Requiring a deposit that would not be required for another applicant;
• Requiring a larger deposit than might be required for another applicant; and
• Raising the rent to a higher amount than for another applicant.

Adverse Action Assistance

To help landlords maintain compliance with the requirements of the FCRA, we offer Adverse Action Assistance. If you notify us when you intend to take adverse action against an applicant based on a consumer report, we will send all of the legally required information to the candidate via USPS certified mail within 24 hours of your decision.

What do we send?

• Notice of the adverse action
• Name, address, and telephone number of the consumer reporting agency that provided the report
• A statement informing the consumer of their right to obtain another free copy of the report within 60 days
• A statement that the CRA did not make the decision and is unable to provide specific reasons why adverse action was taken
• A statement informing the consumer of their right to dispute the accuracy or completeness of any information in the report directly with the CRA
• Another Request for Disclosure form that the applicant may use to dispute the information contained in the report or to request another copy of their report

All of these steps must be completed to be in compliance with the FCRA. At a nominal fee, we can assure you that every step in the compliance procedure will be carried out.

FCRA Links

Fair Credit Reporting Act (FCRA) - full text

Fair and Accurate Credit Transactions Act (FACT Act) - full text. The FACT Act is a 2003 amendment to the FCRA.

State Consumer Reporting Laws

In addition to the federal FCRA, landlords must also be aware of state consumer reporting laws that govern the use of consumer reports. Many states have enacted legislation regarding consumer reports that may be more restrictive than federal law. We suggest you consult your legal counsel to determine if your policies and procedures are compliant.

Summary of Your Rights under the Fair Credit Reporting Act

FACT Act Information

The Fair and Accurate Credit Transactions Act (FACT Act) of 2003 provides that all consumers are entitled to obtain a free copy of their consumer report from certain consumer reporting agencies once during a 12 month period. If Achievement Tec has procured a consumer report on you, you may request a copy of your report pursuant to the Free Annual File Disclosure Rule.

Please note that Achievement Tec will only have a consumer report on you if you have applied for employment or tenancy with an employer or landlord who performs background checks AND the background check was performed by Achievement Tec. Otherwise, Achievement Tec will NOT have a file for you.

Achievement Tec does not re-use any information that was obtained for a consumer report. Each report is for one-time use only. Any subsequent requests for a consumer report are re-run at the time of request.

To request a copy of your free report, please contact us in one of the following ways:

1. You may download our Request For Disclosure Form and fax it to 800-403-9044.
2. You may call 800-333-5852.
3. You may mail a written request to:
   

   Achievement Tec
   4220 Proton Rd
   Suite 170
   Dallas, TX 75244.

Please be aware that we must take reasonable measures to confirm your identity when supplying a consumer report. You will be asked for your full name, social security number, date of birth, phone number and email address, as well as the name of the employer or landlord who initially requested the consumer report.