THIS AGREEMENT is between VICTIG (“VICTIG”) and (“Client”). This Agreement is entered into on .
(i) disclose to the individual who is the subject of the report that a consumer report or, as applicable, an investigative consumer report, may be obtained;
(ii) obtain the written consent of the individual allowing the obtaining of the consumer report. Client agrees that submission of an order is a certification that it has obtained the consent of the consumer;
(iii) provide to the individual a summary of the individual’s rights required under the (“FCRA”) and any applicable state law; and
(iv) not utilize any information in violation of any federal or state equal employment opportunity law or regulation.
(v) not order criminal record information prior to the time permitted by applicable law, ordinance or regulation commonly referred to as “ban-the-box” restrictions.
(vi) provide a reasonable amount of time prior to taking adverse employment action against the individual who is the subject of the report, when such action will be based in whole or in part upon the information contained in the report furnished by VICTIG, the Client will, except as otherwise provided by law, advise the subject of the intent to take adverse action and provide a copy of the report to the individual and a description, in writing, of the individual’s rights under the FCRA.
(vii) provide after taking adverse action based in whole or in part upon information contained in a report furnished by VICTIG, the Client shall:
(a) provide notice of such action to the individual;
(b) provide the name, address and telephone number of VICTIG; and
(c) inform the individual that he/she is entitled to a free copy of the report and a right to dispute the record through VICTIG and that VICTIG is unable to provide the individual the specific reasons why the adverse action was taken by you.
(viii) that it will comply with the FCRA and similar state laws, in regard to all reports, it will follow the requirements of the (“DPPA”) and the various state laws implementing the DPPA in regard to motor vehicle reports.
(i) disclose to the individual who is the subject of the report that a consumer report or, as applicable, an investigative consumer report, may be obtained;
(ii) provide to the individual a summary of the individual’s rights under the (“FCRA”); and
(iii) not utilize any information in violation of any federal, state or local equal housing law or regulation.
(iv) provide after taking adverse action e.g., rejecting, increasing rental rates, increasing deposit requirements, etc. against the subject of the report, based in whole or in part upon information contained in a report furnished by VICTIG, the Client shall:
(b) provide the name, address and telephone number of VICTIG;
(c) inform the individual that he/she is entitled to a free copy of the report and a right to dispute the record through VICTIG and that VICTIG is unable to provide the individual the specific reasons why the adverse action was taken by you; and
(d) providing a copy of the individual’s rights under the FCRA.
5. Confidentiality of Information
(i) Default in payment of charges for VICTIG Services;
(ii) Misuse of information contained in a VICTIG report;
(iii) Improper request for information;
(iv) Failure of Client to comply with or assist VICTIG in complying with the FCRA or any other applicable law;
(v) A material breach of this Agreement or violation of any law or regulation governing the request, use or release of the information in the reports by Client.
(vi) Unauthorized release of information in a consumer report to a third party or the reselling of any report.
End User is a (enter business type)and has a need for consumer credit information in connection with the evaluation of individuals for employment, promotion, reassignment or retention as an employee ("Consumer Report for Employment Purposes").
End User shall request Consumer Report for Employment Purposes pursuant to procedures prescribed by Reseller from time to time only when it is considering the individual inquired upon for employment, promotion, reassignment or retention as an employee, and for no other purpose.
End User certifies that it will not request a Consumer Report for Employment Purposes unless:
End User further certifies that before taking adverse action in whole or in part based on the Consumer Report for Employment Purposes, it will provide the consumer with:
End User shall use the Consumer Report for Employment Purposes only for a one-time use, and shall hold the report in strict confidence, and not disclose it to any third parties that are not involved in the employment decision.
End User will maintain copies of all written authorization for a minimum of five (5) years from the date of inquiry.
With just case, such as violation of the terms of End User’s contract or a legal requirement, or a material change in existing legal requirements that adversely affects End User’s Agreement, Reseller may, upon its election, discontinue serving the End User and cancel the agreement immediately.
DRIVER’S PRIVACY PROTECTION ACT (18 U.S.C. §2721 et. Seq.)
PROHIBITION ON RELEASE AND USE OF CERTAIN PERSONAL INFORMATION FROM STATE MOTOR VEHICLE RECORDS
SEC. 2721. PROHIBITION ON RELEASE AND USE OF CERTAIN PERSONAL INFORMATION FROM STATE MOTOR VEHICLE RECORDS.
(a) In General. A State department of motor vehicles, and any officer, employee, or contractor, thereof, shall not knowingly
disclose or otherwise make available to any person or entity:
(1) personal information, as defined in 18 U.S.C. 2725(3), about any individual obtained by the department in connection with a motor vehicle record, except as provided in subsection (b) of this section; or
(2) highly restricted personal information, as defined in 18 U.S.C. 2725(4), about any individual obtained by the department in connection with a motor vehicle record, without the express consent of the person to whom such information applies, except uses permitted in subsections (b)(1), (b)(4), (b)(6), and (b)(9): Provided, That subsection (a)(2) shall not in any way affect the use of organ donation information on an individual’s driver’s license or affect the administration of organ donation initiatives in the States.
(b) Permissible Uses. -Personal information referred to in subsection (a) shall be disclosed for use in connection with matters of motor vehicle or driver safety and theft, motor vehicle emissions, motor vehicle product alterations, recalls, or advisories, performance monitoring of motor vehicles and dealers by motor vehicle manufacturers, and removal of non-owner records from the original owner records of motor vehicle manufacturers to carry out the purposes of titles I and IV of the Anti-Car Theft Act of 1992, the Automobile Information Disclosure Act (15 U.S.C. 1231 et seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), and chapters 301, 305, and 321-331 of title 49 (49 U.S.C.S. 30101 et seq., 30501 et seq., 32101 et seq.-33101 et seq.), and, subject to subsection (a)(2), may be disclosed as follows:
(1) For use by any government agency, including any court or law enforcement agency, in carrying out its functions, or any private person or entity acting on behalf of a Federal, State, or local agency in carrying out its functions.
(2) For use in connection with matters of motor vehicle or driver safety and theft; motor vehicle emissions; motor vehicle product alterations, recalls, or advisories; performance monitoring of motor vehicles, motor vehicle parts and dealers; motor vehicle market research activities, including survey research; and removal of non-owner records from the original owner records of motor vehicle manufacturers.
(3) For use in the normal course of business by a legitimate business or its agents, employees, or contractors, but only -
(A) to verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors; and
(B) if such information as so submitted is not correct or is no longer correct, to obtain the correct information, but only for the purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against, the individual.
(4) For use in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local
court or agency or before any self-regulatory body, including the service of process, investigation in anticipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an order of a Federal, State,or local court.
(5) For use in research activities, and for use in producing statistical reports, so long as the personal information is not published, redisclosed, or used to contact individuals.
(6) For use by any insurer or insurance support organization, or by a self-insured entity, or its agents, employees, or contractors, in connection with claims investigation activities, antifraud activities, rating or underwriting.
(7) For use in providing notice to the owners of towed or impounded vehicles.
(8) For use by any licensed private investigative agency or licensed security service for any purpose permitted under this subsection.
(9) For use by an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver's license that is required under Chapter 313 of title 49 [49 U.S.C.S secs. 31301 et seq.].
(10) For use in connection with the operation of private toll transportation facilities.
(11) For any other use in response to requests for individual motor vehicle records if the State has obtained the express consent of the person to whom such personal information pertains.
(12) For bulk distribution for surveys, marketing or solicitations if the State has obtained the express consent of the person to whom such personal information pertains.
(13) For use by any requester, if the requester demonstrates it has obtained the written consent of the individual to whom the information pertains.
(14) For any other use specifically authorized under the law of the State that holds the record, if such use is related to the
operation of a motor vehicle or public safety.
(c) Resale or Redisclosure. - An authorized recipient of personal information (except a recipient under subsection (b)(11) or (12)) may resell or redisclose the information only for a use permitted under subsection (b) (but not for uses under subsection b)(11) or (12)). An authorized recipient under subsection (b)(11) may resell or redisclose personal information for any purpose. An authorized recipient under subsection (b)(12) may resell or redisclose personal information pursuant to subsection (b)(12). Any authorized recipient (except a recipient under subsection (b)(11)) that resells or rediscloses personal information covered by this title must keep for a period of 5 years records identifying each person or entity that receives information and the permitted purpose for which the information will be used and must make such records available to the motor vehicle department upon request.
(d) Waiver Procedures. - A State motor vehicle department may establish and carry out procedures under which the department or its agents, upon receiving a request for personal information that does not fall within one of the exceptions in subsection (b), may mail a copy of the request to the individual about whom the information was requested, informing such individual of the request, together with a statement to the effect that the information will not be released unless the individual waives such individual's right to privacy under this section.
(e) Prohibition on conditions. No State may condition or burden in any way the issuance of an individual’s motor vehicle record as defined in 18 U.S.C. 2725(1) to obtain express consent. Nothing in this paragraph shall be construed to prohibit a State from charging an administrative fee for issuance of a motor vehicle record.
Sec. 2722. Additional unlawful acts
(a) Procurement for Unlawful Purpose. - It shall be unlawful for any person knowingly to obtain or disclose personal information, from a motor vehicle record, for any use not permitted under section 2721(b) of this title.
(b) False Representation. - It shall be unlawful for any person to make false representation to obtain any personal information from an individual's motor vehicle record.
Sec. 2723. Penalties
(a) Criminal Fine. - A person who knowingly violates this chapter shall be fined under this title.
(b) Violations by State Department of Motor Vehicles. - Any State department of motor vehicles that has a policy or practice of substantial noncompliance with this chapter shall be subject to a civil penalty imposed by the Attorney General of not more than $5,000 a day for each day of substantial noncompliance.
Sec. 2724. Civil action
(a) Cause of Action. - A person who knowingly obtains discloses or uses personal information, from a motor vehicle record, for a purpose not permitted under this chapter shall be liable to the individual to whom the information pertains, who may bring a civil action in a United States district court.
(b) Remedies. - The court may award -
(1) actual damages, but not less than liquidated damages in the amount of $2,500;
(2) punitive damages upon proof of willful or reckless disregard of the law;
(3) reasonable attorneys' fees and other litigation costs reasonably incurred; and
(4) such other preliminary and equitable relief as the court determines to be appropriate.
Sec. 2725. Definitions In this chapter -
(1) ''motor vehicle record'' means any record that pertains to a motor vehicle operator's permit, motor vehicle title, motor vehicle registration, or identification card issued by a department of motor vehicles;
(2) ''person'' means an individual, organization or entity, but does not include a State or agency thereof; and
(3) ''personal information'' means information that identifies an individual, including an individual's photograph, social security number, driver identification number, name, address (but not the 5-digit zip code), telephone number, and medical or disability information, but does not include information on vehicular accidents, driving violations, and driver's status;
(4) '”highly restricted personal information” means an individual’s photograph or image, social security number, medical or disability information; and
(5) ''express consent” means consent in writing, including consent, conveyed electronically that bears an electronic signature as defined in section 106(5) of Public Law 106-229 [15 U.S.C.S § 7006(5)].
The amendments made by section 300002 shall become effective on the date that is 3 years after the date of enactment of this Act (Sept. 13, 1994). After the effective date, if a State has implemented a procedure under section 2721(b)(11) and (12) of title 18, United States Code, as added by section 300002(a), for prohibiting disclosures or uses of personal information, and the procedure otherwise meets the requirements of subsection (b)(11) and (12), the State shall be in compliance with subsection (b)(11) and (12) even if the procedure is not available to individuals until they renew their license, title, registration or identification card, so long as the State provides some other procedure for individuals to contact the State on their own initiative to prohibit such uses or disclosures. Prior to the effective date, personal information covered by the amendment made by section 300002 may be released consistent with State law or practice.
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Signed by Brent Ramey Signed On: November 30, 2022
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