PetProCheck.com is owned and operated by PetProCheck LLC; referred to also as “we” “us” “PPC” for the purposes of these terms and agreements. These terms of service are agreed to and entered in to between and by PetProCheck and any user (“you” “Company” “party”) utilizing this site for its services.
PPC is a Consumer Reporting Agency or a CRA, we provide consumer reports as they are defined by the FCRA, Fair Credit Reporting Act as well as by any state law that applies. When you use PPC to obtain these reports you are then the “user” of said reports also under the FCRA
A. PetProCheck will only do business with active accounts we have established. In order to obtain an account with PPC you must first fill out an application in full the purpose of which is to satisfy PPC’s requirement that you are an active corporation, LLC, or other form of company or entity. PPC will only perform searches for purposes of employment. This employment must only be with the organization that has created the account. You cannot perform searches for another organization, this includes other divisions within your organization. Once PPC is satisfied that your organization meets these standards, usually within 1-2 business days, you will receive a username and password with which you can access the PPC website. You will be given the opportunity to change your password once you log in. The username and password can be removed and your account terminated if PPC discovers later that you are not in fact an organization using PPC for purposes of employment, or for any other reason PPC determines. PPC will pursue any legal course of action available to prosecute any violations under applicable laws both federally and on a state level. You must use your log in details each time you log in and it is prohibited for anyone to view the PPC documents you receive who is not a representative of your company with a need to know the information in these reports.
B. When it comes to FCRA compliance PPC does not offer legal advice. You are responsible for understanding and complying with all aspects of the FCRA as it applies to your organization, in your state, and for the position you are hiring. PPC will supply you with access to some resources and forms we feel may benefit you but these are not legal documents and we do not claim they are nor to we claim that merely reading these resources will adequately cover the entire FCRA compliancy rules governing the handling of and use of CRA documents. See the end of this agreement for a complete list of FCRA sections.
D. When you use PPC for employment purposes you must adhere to the appropriate FCRA laws and regulations as they pertain to your organization, state, and all other employment screening laws. PPC is not here to advise you on how to do this nor is PPC in a position to make suggestions on who you hire or do not hire. The information contained in these reports is not designed to be the only cause for hire, non-hire, termination, or promotion. You must follow all appropriate rules and laws as they pertain to handling of documents, disclosure to the applicant where necessary, and access to and knowledge of means in which they can protest or access the reports you are receiving. Each state has different rules when it comes to this and it is your responsibility to understand and comply with them. PPC will provide you with some basic forms we feel are adequate but we do not and will not represent you in a legal matter and do not claim to offer legal advice.
E. You must obtain a signed and dated consent form from any candidate on whom a report will be run. PPC does not necessarily require that you share this form with us. There may be occasions where during audits or investigations we will require a copy of this consent form. If you cannot produce the form, which we suggest you store safely for 5 years, PPC is not responsible for any legal course taken by the candidate. By using our service, ordering and paying for a report, and signing our contracts you are agreeing to comply with all rules, including the consent form. PPC operates on the assumption that your company is doing its own due diligence to comply with all state, federal, county, and local laws as they pertain to accessing this information and acquiring proper consent. These consent forms along with all documents you receive from PPC or an affiliate must be stored securely and shredded or destroyed when no longer applicable. They should only be accessible to people within your organization and by people who have a legal reason to view them. The same care should be taken with electronically stored forms. Several states have very specific laws pertaining to consent forms and other documents and we suggest you research them carefully. They are, but are not limited to, California, Maine, Massachusetts, New York, and Washington, state of. These laws may be of interest to both your organization and to the individual whom the report is run on. It is your responsibility to understand these different laws and supply your candidates with the correct information, access, rights, and copies of reports when necessary. In addition in certain states and counties there are laws that limit the time frame on which an arrest or conviction can be reported to an employer.
F. Seeing the PPC logo or its likeness on your website does not mean that PPC has endorsed you. It does not mean we have endorsed your staff. It does not mean that we have run a background check on everyone that you hire. It merely means that one time and on at least one occasion you used our site to assist you in part of a hiring process. If our logo is on your site and it does not link to our site we will assume it is stolen and PPC will take all available and necessary legal action to have it removed. If you are a consumer of a product and you see our logo on a site and it does not link to our website we have not done business with that organization.
G. Limited Liability: Please Read….
The use of this website, PetProCheck, and all of its information is at your own risk and at the risk of your organization. PetProCheck, its owners and/or officers, staff, investors, third party affiliates, vendors, or any party involved in the operation of PetProCheck are absolved of liability and will not be held liable for any damages no matter if they are accidental, incidental, direct or indirect, of consequence, unique or punitive, without limitation, result in loss of income, profits, or reputation, or any other claim filed by third parties or affiliates of your organization originating from or as a direct result of using PetProCheck or the information provided by PetProCheck or any of its vendors no matter if they are caused by contract violation, tort law violation, proprietary law, product liability, or the result of any action taken as a result of information contained in a report or the misuse or improper handling of said reports with no exceptions and under no special circumstances regardless of any other conversation or communication by a member of PPC’s staff that may or may not have suggested otherwise. As such if you are not satisfied or in any way dissatisfied with PPC’s reporting, service, or any other action taken or product provided by PPC you should stop using PPC and its services. By reading this and signing our contract you waive any and all claims against PPC and its owners and/or officers, staff, investors, third party affiliates, vendors, or any party involved in the operation of PetProCheck that arise out of using PPC and its services. If for any reason this limitation of liability is not enforceable or found to be invalid then the total or aggregate liability for PPC and its affiliates shall not exceed the total amount of one search or a maximum of one hundred and fifty dollars US. The user and any user hereby agrees to these limitations on liability as well as exclusions of liability without which PPC could not and would not exist. You also agree that above the claims on your site the following hold harmless clause is the last and final word on any issues arising out of use of this site: You hereby agree to indemnify and hold harmless PetProCheck and any and all of its affiliates, vendors, and their respective officers and staff against any and all claims or damages, lawsuits, liabilities, costs, fines, fees, debts, or any other legal fee that is based on a breach of our agreement with you which is inclusive of but is not in any way limited to the illegal use of our site, the illegal access or obtaining of a report from our site, negligence, mishandling, intentional or not as it applies to a PPC report, as well as your company’s or PPC’s failure to comply with the laws outlined in the FCRA, as well as state and local laws be it incidental, accidental, intentional, or otherwise. You also acknowledge that you are a legal representative of your company who has been authorized and is of sound mind and able to agree to all of the above agreements. We will notify you of any changes to our terms should one arise.
H. Use of E-Signature (electronic signature) You hereby agree to the use of E-Signature documents and their validity in court and that they are used in place of but with equal validity as a physical ink signature. By proceeding to use our site after reading these agreement is also considered for purposes of enforcement of this agreement an e-signature. This holds true even if you did not read the agreement in its entirety.
FCRA Fair Credit Reporting Act
NOTICE TO FURNISHERS OF INFORMATION: OBLIGATIONS OF FURNISHERS UNDER THE FCRA
The federal Fair Credit Reporting Act (FCRA), 15 U.S.C. 1681-1681y, imposes responsibilities on all persons who furnish information to consumer reporting agencies (CRAs). These responsibilities are found in Section 623 of the FCRA, 15 U.S.C. 1681s-2. State law may impose additional requirements on furnishers. All furnishers of information to CRAs should become familiar with the applicable laws and may want to consult with their counsel to ensure that they are in compliance.
The text of the FCRA is available at the website of the Consumer Financial Protection Bureau (CFPB): www.consumerfinance.gov/learnmore.
A list of the sections of the FCRA cross-referenced to the U.S. Code is at the end of this document.
Section 623 imposes the following duties upon furnishers:
The FCRA requires furnishers to comply with federal regulations dealing with the accuracy of information provided to CRAs by furnishers. Federal regulations and guidelines are available at www.consumerfinance.gov/learnmore
General Prohibition on Reporting Inaccurate Information
The FCRA prohibits information furnishers from providing information to a CRA that they know or have reasonable cause to believe is inaccurate. However, the furnisher is not subject to this general prohibition if it clearly and conspicuously specifies an address to which consumers may write to notify the furnisher that certain information is inaccurate. Section 623(a)(1)(A) and (a)(1)(C).
Duty to Correct and Update Information
If at any time a person who regularly and in the ordinary course of business furnishes information to one or more CRAs determines that the information provided is not complete or accurate, the furnisher must provide complete and accurate information to the CRA. In addition, the furnisher must notify all CRAs that received the information of any corrections, and must thereafter report only the complete and accurate information. Section 623(a)(2).
Duties After Notice of Dispute from Consumer
If a consumer notifies a furnisher, at an address specified by the furnisher for such notices, that specific information is inaccurate, and the information is, in fact, inaccurate, the furnisher must thereafter report the correct information to CRAs. Section 623(a)(1)(B). If a consumer notifies a furnisher that the consumer disputes the completeness or accuracy of any information reported by the furnisher, the furnisher may not subsequently report that information to a CRA without providing notice of the dispute. Section 623(a)(3). Furnishers must comply with federal regulations that identify when an information furnisher must investigate a dispute made directly to the furnisher by a consumer. Under these regulations, furnishers must complete an investigation within 30 days (or 45 days, if the consumer later provides relevant additional information) unless the dispute is frivolous or irrelevant or comes from a “credit repair organization.” Section 623(a)(8). Federal regulations are available at www.consumerfinance.gov Section 623(a)(8).
Duties After Notice of Dispute from Consumer Reporting Agency
If a CRA notifies a furnisher that a consumer disputes the completeness or accuracy of information \provided by the furnisher, the furnisher has a duty to follow certain procedures.
The furnisher must:
- Conduct an investigation and review all relevant information provided by the CRA, including information given to the CRA by the consumer. Section 623(b)(1)(A) and (b)(1)(B).
- Report the results to the CRA that referred the dispute, and, if the investigation establishes that the information was, in fact, incomplete or inaccurate, report the results to all CRAs to which the furnisher provided the information that compile and maintain files on a nationwide basis. Section 623(b)(1)(C) and (b)(1)(D).
- Complete the above steps within 30 days from the date the CRA receives the dispute (or 45 days, if the consumer later provides relevant additional information to the CRA). Section 623(b)(2).
- Promptly modify or delete the information, or block its reporting. Section 623(b)(1)(E).
Duty to Report Voluntary Closing of Credit Accounts:
If a consumer voluntarily closes a credit account, any person who regularly and in the ordinary course of business furnished information to one or more CRAs must report this fact when it provides information to CRAs for the time period in which the account was closed. Section 623(a)(4).
Duty to Report Dates of Delinquencies:
If a furnisher reports information concerning a delinquent account placed for collection, charged to profit or loss, or subject to any similar action, the furnisher must, within 90 days after reporting the information, provide the CRA with the month and the year of the commencement of the delinquency that immediately preceded the action, so that the agency will know how long to keep the information in the consumer’s file. Section 623(a)(5) Any person, such as a debt collector, that has acquired or is responsible for collecting delinquent accounts and that reports information to CRAs may comply with the requirements of Section 623(a)(5) (until there is a consumer dispute) by reporting the same delinquency date previously reported by the creditor. If the creditor did not report this date, they may comply with the FCRA by establishing reasonable procedures to obtain and report delinquency dates, or, if a delinquency date cannot be reasonably obtained, by following reasonable procedures to ensure that the date reported precedes the date when the account was placed for collection, charged to profit or loss, or subjected to any similar action. Section 623(a)(5).
Duties of Financial Institutions When Reporting Negative Information
Financial institutions that furnish information to “nationwide” consumer reporting agencies, as defined in Section 603(p), must notify consumers in writing if they may furnish or have furnished negative information to a CRA. Section 623(a)(7). The CFPB has prescribed model disclosures, 12 CFR Part 222, App.B.
Duties When Furnishing Medical Information
A furnisher whose primary business is providing medical services, products, or devices (and such furnisher’s agents or assignees) is a medical information furnisher for the purposes of the FCRA and must notify all CRAs to which it reports of this fact. Section 623(a)(9). This notice will enable CRAs comply with their duties under Section 604(g) when reporting medical information.
Duties When ID Theft Occurs
All furnishers must have in place reasonable procedures to respond to notifications from CRAs that information furnished is the result of identity theft, and to prevent refurnishing the information in the future. A furnisher may not furnish information that a consumer has identified as resulting from identity theft unless the furnisher subsequently knows or is informed by the consumer that the information is correct. Section 623(a)(6). If a furnisher learns that it has furnished inaccurate information due to identity theft, it must notify each CRA of the correct information and must thereafter report only complete and accurate set forth in Section 605B that a debt has resulted from identity theft, the furnisher may not sell, transfer, or place for collection the debt except in certain limited circumstances. Section 615(f).
The CFPB’s website, www.consumerfinance.gov/learnmore has more information about the FCRA, including publications for businesses and the full text of the FCRA.
Citations for FCRA sections in the U.S. Code, 15 U.S. C § 1681 et seq.:
Section 602 15 U.S.C. 1681
Section 603 15 U.S.C. 1681a
Section 604 15 U.S.C. 1681b
Section 605 15 U.S.C. 1681c
Section 605A 15 U.S.C. 1681c-1
Section 605B 15 U.S.C. 1681c-2
Section 606 15 U.S.C. 1681d
Section 607 15 U.S.C. 1681e
Section 608 15 U.S.C. 1681f
Section 609 15 U.S.C. 1681g
Section 610 15 U.S.C. 1681h
Section 611 15 U.S.C. 1681i
Section 612 15 U.S.C. 1681j
Section 613 15 U.S.C. 1681k
Section 614 15 U.S.C. 1681l
Section 615 15 U.S.C. 1681m
Section 616 15 U.S.C. 1681n
Section 617 15 U.S.C. 1681o
Section 618 15 U.S.C. 1681p
Section 619 15 U.S.C. 1681q
Section 620 15 U.S.C. 1681r
Section 621 15 U.S.C. 1681s
Section 622 15 U.S.C. 1681s-1
Section 623 15 U.S.C. 1681s-2
Section 624 15 U.S.C. 1681t
Section 625 15 U.S.C. 1681u
Section 626 15 U.S.C. 1681v
Section 627 15 U.S.C. 1681w
Section 628 15 U.S.C. 1681x
Section 629 15 U.S.C. 1681y