Page 1 of 6

102 3252

UNITED STATES OF AMERICA

FEDERAL TRADE COMMISSION

COMMISSIONERS: Edith Ramirez, Chairman

Jon Leibowitz

Julie Brill

Maureen K. Ohlhausen

 Joshua D. Wright

 

)

In the Matter of )

) DECISION AND ORDER

EQUIFAX INFORMATION )

SERVICES LLC, a limited liability )

company. )

) DOCKET NO. C-4387

 )

The Federal Trade Commission having initiated an investigation of certain acts and

practices of the Respondent named in the caption hereof, and the Respondent having been

furnished thereafter with a copy of a draft Complaint that the Bureau of Consumer Protection

proposed to present to the Commission for its consideration and which, if issued by the

Commission, would charge the Respondent with violation of the Fair Credit Reporting Act, 15

U.S.C. §§ 1681 et seq. and the Federal Trade Commission Act, 15 U.S.C. § 45 et seq;

The Respondent, Respondent’s attorney, and counsel for the Commission having

thereafter executed an Agreement Containing Consent Order (“Consent Agreement”), an

admission by the Respondent of all the jurisdictional facts set forth in the aforesaid draft

Complaint, a statement that the signing of said Consent Agreement is for settlement purposes

only and does not constitute an admission by Respondent that the law has been violated as

alleged in such Complaint, or that the facts as alleged in such Complaint, other than

jurisdictional facts, are true, and waivers and other provisions as required by the Commission's

Rules; and

The Commission having thereafter considered the matter and having determined that it

has reason to believe that the Respondent has violated the Fair Credit Reporting Act and the

Federal Trade Commission Act, and that a Complaint should issue stating its charges in that

respect, and having thereupon accepted the executed Consent Agreement and placed such

Consent Agreement on the public record for a period of thirty (30) days for the receipt and

consideration of public comments, and having duly considered the comments received from

interested persons, now in further conformity with the procedure described in Section 2.34 of its

Rules, 16 C.F.R. § 2.34, the Commission hereby issues its Complaint, makes the following

jurisdictional findings, and enters the following Order:
Page 2 of 6

1. Respondent Equifax Information Services LLC is a Georgia limited liability company

with its principal office at 1550 Peachtree Street, N.W., Atlanta, Georgia 30309.

2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding 

and of the Respondent, and the proceeding is in the public interest.

ORDER

DEFINITIONS

For purposes of this order, the following definitions shall apply:

1. Unless otherwise specified, “respondent” shall mean: Equifax Information Services LLC,

its successors and assigns, and its officers, agents, representatives, and employees.

2. “Commerce” shall mean as defined in Section 4 of the Federal Trade Commission Act,

15 U.S.C. § 44. 

3. The definitions set forth in the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. §§ 1681a,

et seq., which is attached as Appendix A to this order, shall apply.

4. “Debt relief product or service” means any product, service, plan, or program

represented, expressly or by implication, to renegotiate, settle, or in any way alter the

terms of payment or other terms of the debt or obligation, including but not limited to a

tax debt or obligation, between a person and one or more unsecured creditors or debt

collectors, including but not limited to, a reduction in the balance, interest rate, or fees

owed by a person to an unsecured creditor or debt collector by any person other than the

unsecured creditor who holds the debt at issue. Debt relief product or service does not

include the creation of a new loan to consolidate debts of a consumer.

5. “Mortgage assistance relief product or service” means any product, service, plan, or

program, offered or provided to the consumer in exchange for consideration, by any

person other than the dwelling loan holder, that is represented, expressly or by

implication, to assist or attempt to assist the consumer with any of the following:

a. stopping, preventing, or postponing any mortgage or deed of trust

foreclosure sale for the consumer’s dwelling, any repossession of the

consumer’s dwelling, or otherwise saving the consumer’s dwelling from

foreclosure or repossession;

b. negotiating, obtaining, or arranging a modification of any term of a

dwelling loan, including a reduction in the amount of interest, principal

balance, monthly payments, or fees;
Page 3 of 6

c. obtaining any forbearance or modification in the timing of payments from

any dwelling loan holder or servicer on any dwelling loan;

d. negotiating, obtaining, or arranging any extension of the period of time 

within which the consumer may: (1) cure his or her default on a dwelling

loan, (2) reinstate his or her dwelling loan, (3) redeem a dwelling, or (4)

exercise any right to reinstate a dwelling loan or redeem a dwelling; or

e. obtaining any waiver of an acceleration clause or balloon payment

contained in any promissory note or contract secured by any dwelling; or

f. negotiating, obtaining, or arranging: (1) a short sale of a dwelling, (2) a

deed-in-lieu of foreclosure, or (3) any other disposition of a dwelling loan

other than a sale to a third party that is not the dwelling loan holder.

6. “Prescreening” or “prescreened list” shall refer to the process and the resulting lists

covered by sections 603(l), 604(c), 604(e), and 615(d) of the FCRA, 15 U.S.C. §§

1681a(l), 1681b(c), 1681b(e), and 1681m(d).

I.

IT IS ORDERED that respondent, directly or through any corporation, subsidiary,

division, website, or other device, in connection with the compilation, creation, sale, or

dissemination of any prescreened list, is hereby prohibited from: 

A. Furnishing a prescreened list to any person which respondent does not have

reason to believe has a permissible purpose under section 604(c) of the FCRA, 15

U.S.C. § 1681b(c).

B. Failing to maintain reasonable procedures designed to limit the furnishing of

prescreened lists to the purposes listed under section 604(c) of the FCRA,15

U.S.C. § 1681b(c), as set forth in section 607(a) of the FCRA, 15 U.S.C. §

1681e(a), including:

1. Failing to require that prospective users of the information identify

themselves, certify the purposes for which the information is sought, and

certify that the information will be used for no other purpose;

2. Failing to make a reasonable effort to verify the identity of a new

prospective user and the uses certified by such prospective user prior to

furnishing such user a prescreened list; and

3. Furnishing a prescreened list to any person respondent has reasonable

grounds for believing will use it for a purpose not listed in section 604(c)

of the FCRA, 15 U.S.C. § 1681b(c).
Page 4 of 6

C. Furnishing consumer reports pursuant to section 604(c) of the FCRA, 15 U.S.C.

1681b(c), in connection with solicitations for debt relief products or services, or

mortgage assistance relief products or services, offered by entities that respondent

has reasonable grounds for believing charge advance fees for such services, i.e.,

fees collected prior to the provision of such services. This prohibition shall not

apply to solicitations for refinancing of a dwelling loan, or services offered by

attorneys.

II.

IT IS FURTHER ORDERED that respondent shall pay $392,803 to the Federal Trade

Commission, as follows:

A. Within seven (7) days of service of this order, respondent shall transfer the sum to

the Commission by electronic funds transfer in accordance with instructions

previously provided by a representative of the Commission. These funds will be

deposited in the United States Treasury as disgorgement.

B. In the event of any default on any obligation to make payment under this order,

which default continues for ten (10) days beyond the due date of the payment,

interest shall accrue, computed pursuant to 28 U.S.C. § 1961, from the date of

default to the date of payment.

C. Respondent relinquishes all dominion, control, and title to the funds paid to the

fullest extent permitted by law. Respondent shall make no claim to or demand

return of the funds, directly or indirectly, through counsel or otherwise.

D. This order for equitable monetary relief is solely remedial in nature and is not a

fine, penalty, punitive assessment, or forfeiture.

III.

IT IS FURTHER ORDERED that, for five (5) years after the date of issuance of this

order, respondent, and its successors and assigns, shall maintain and upon request make

available to the Federal Trade Commission business records demonstrating compliance with the

terms and provisions of this order, including but not limited to:

A. Files containing the names, addresses, telephone numbers, and all certifications

made by persons seeking to obtain prescreened lists from respondent in order to

finance the product or service provided by a third party, and all materials

considered by respondent in connection with its verification of the identity of

those persons and verification of the certifications made by those persons;
Page 5 of 6

B. Copies of all training materials and marketing materials that relate to respondent’s

prescreening activities as alleged in the complaint and respondent’s compliance

with the provisions of this order; and

C. All records necessary to demonstrate full compliance with each provision of this

order, including all submissions to the Commission.

IV.

IT IS FURTHER ORDERED that, for five (5) years after the date of issuance of this

order, respondent, and its successors and assigns, shall deliver a copy of this order to: (1) all

current and future principals, officers, and directors; and (2) all current and future managers,

employees, agents and representatives who have responsibilities with respect to the subject

matter of this order, and shall secure from each such person a signed and dated statement

acknowledging receipt of the order, with any electronic signatures complying with the

requirements of the E-Sign Act, 15 U.S.C. § 7001 et seq. Respondent shall deliver this order to

current personnel within thirty (30) days after the date of service of the order, and to future

personnel within thirty (30) days after the person assumes such position or responsibilities.

V.

IT IS FURTHER ORDERED that respondent and its successors and assigns shall

notify the Commission at least thirty (30) days prior to any change in respondent that may affect

compliance obligations arising under this order, including but not limited to, a dissolution,

assignment, sale, merger, or other action that would result in the emergence of a successor

company; the creation or dissolution of a subsidiary, parent, or affiliate that engages in any acts

or practices subject to this order; the proposed filing of a bankruptcy petition; or a change in

respondent’s name or address. Provided, however, that with respect to any proposed change

about which respondent learns less than thirty (30) days prior to the date such action is to take

place, respondent shall notify the Commission as soon as is practicable after obtaining such

knowledge. Unless otherwise directed by a representative of the Commission in writing, all

notices required by this Part shall be sent by overnight courier (not the U.S. Postal Service) to

the Associate Director of Enforcement, Bureau of Consumer Protection, Federal Trade

Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580, with the subject line: In

the Matter of Equifax Information Services LLC. Provided, however, that, in lieu of overnight

courier, notices may be sent by first-class mail, but only if an electronic version of such notices

is contemporaneously sent to the Commission at DEbrief@ftc.gov.
Page 6 of 6

VI.

IT IS FURTHER ORDERED that respondent and its successors and assigns shall,

within sixty (60) days after the date of service of this order, file with the Commission a true and

accurate report, in writing, setting forth in detail the manner and form in which respondent has

complied with this order. Within ten (10) days of receipt of written notice from a representative

of the Commission, respondent shall submit additional true and accurate written reports.

VII.

This order will terminate on March 5, 2033, or twenty (20) years from the most recent

date that the United States or the Commission files a complaint (with or without an

accompanying consent decree) in federal court alleging any violation of the order, whichever

comes later; provided, however, that the filing of such a complaint will not affect the duration of:

A. Any Part of this order that terminates in less than twenty (20) years; 

B. This order’s application to any respondent that is not named as a defendant in 

 such complaint; and

C. This order if such complaint is filed after the order has terminated pursuant to this

Part.

Provided, further, that if such complaint is dismissed or a federal court rules that the respondent

did not violate any provision of the order, and the dismissal or ruling is either not appealed or

upheld on appeal, then the order will terminate according to this Part as though the complaint

had never been filed, except that this order will not terminate between the date such complaint is

filed and the later of the deadline for appealing such dismissal or ruling and the date such

dismissal or ruling is upheld on appeal.

By the Commission, Commissioners Leibowitz and Wright not participating.

Richard C. Donohue

Acting Secretary

SEAL

ISSUED: March 5, 2013