Case 8:10-cv-00090-PJM Document 1 Filed 01/14/10 Page 1 of 7

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF MARYLAND 

UNITED STATES OF AMERICA, 

Plaintiff 

Civil No. 

v. 

FIRST ADVANTAGE SAFE RENT, INC., 

Defendant. 

• •• 0000000 •• 

COMPLAINT FOR CIVIL PENAL TIES, 

PERMANENT INJUNCTION, AND OTHER EQUITABLE RELIEF 

Plaintiff, the United States of America, acting upon notification and authorization to the 

Attorney General by the Federal Trade Commission ("FTC" or "Commission"), for its 

Complaint, alleges: 

1. Plaintiff brings this action under sections 5(a), 13(b), and 16(a) of the Federal 

Trade Commission Act ("FTC Act"), 15 U.S.C. §§ 45(a), 53(b), and 56(a); and the Fair Credit 

Reporting Act ("FCRA"), 15 U.S.C. §§ 1681-1681x, to obtain monetary civil penalties and 

injunctive or other relief for Defendant's violations of the FTC Act and the FCRA. 

JURISDICTION AND VENUE 

2. This Court has subject matter jurisdiction over this matter under 28 U .S.C. 

§§ 1331, 1337(a), 1345, and 1355, and under 15 U.S.C. §§ 45(a), 53(b), 56(a), and 1681s. 

3. Venue is proper in this district under 28 U.S.C. §§ 1391(b)-(c) and 1395(a), and 

15 U.S.C. § 53(b). 
Case 8:10-cv-00090-PJM Document 1 Filed 01/14/10 Page 2 of 7

DEFENDANT 

4. Defendant First Advantage SafeRent, Inc. ("SafeRent") is a Delaware corporation 

with its principal place of business at 7300 Westmore Road, Suite 3, Rockville, MD 20850. 

SafeRent transacts or has transacted business in this district. 

THE FAIR CREDIT REPORTING ACT 

5. The FCRA was enacted in 1970, became effective on April 25, 1971, and has 

been in force since that date. The Fair and Accurate Credit Transactions Act amended the FCRA 

in December 2003. 

6. Section 621 of the FCRA, 15 U.S.C. § 1681s, authorizes the Commission to use 

all of its functions and powers under the FTC Act to enforce compliance with the FCRA by all 

persons subject thereto except to the extent that enforcement specifically is committed to some 

other governmental agency, irrespective of whether the person is engaged in commerce or meets 

any other jurisdictional tests set forth by the FTC Act. 

7. The FCRA requires all consumer reporting agencies to provide consumers, upon 

request, with all information maintained in their consumer files ("file disclosures"). FCRA 

Section 609{a)(l), 15 U.S.C. § 1681g{a){I). 

8. Section 611{a){I){A) of the FCRA, 15 U.S.C. § 1681i(a)(I)(A), requires all 

consumer reporting agencies to reinvestigate the completeness or accuracy of items contained in 

a consumer's file, upon receipt of a notice of a dispute from the consumer. 

DEFENDANT'S BUSINESS PRACTICES 

9. Since its creation in 2005, SafeRent has sold an array of information about 

consumers, including reports of public filings of tenant evictions and other proceedings, lease 
Case 8:10-cv-00090-PJM Document 1 Filed 01/14/10 Page 3 of 7

and payment information, and criminal history records. SafeRent's clients, which are businesses 

in the multi-family housing industry, use the information in making leasing decisions about 

consumers. 

10. The tenant records that SafeRent provides to third parties are "consumer reports" 

as defined in section 603(d) of the FCRA, 15 U.S.C. § 1681a(d). That section defines a 

"consumer report" as 

any written, oral, or other communication of any information by a consumer reporting 

agency bearing on a consumer's credit worthiness, credit standing, credit capacity, 

character, general reputation, personal characteristics, or mode of living which 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 (A) credit or insurance to be used primarily 

for personal, family, or household purposes; (B) employment purposes; or (C) any other 

purpose authorized under section 604. 

SafeRent's reports are communicated to third parties, bear on attributes listed in section 603(d), 

and are used as a factor in determining the consumer's eligibility for purposes specified in 

section 604. 

11. In providing consumer reports, SafeRent is now and has been a "consumer 

reporting agency" as that term is defined in section 603(f) of the FCRA, 15 U.S.C. § 1681 a(f). 

That section defines a "consumer reporting agency" as 

any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly 

engages in whole or in part in the practice of assembling or evaluating consumer credit 

information or other information on consumers for the purpose of furnishing consumer 

reports to third parties, and which uses any means or facility of interstate commerce for 

the purpose of preparing or furnishing consumer reports. 

SafeRent regularly sells in interstate commerce information on consumers that it assembles for 

the purpose of furnishing consumer reports to its clients. 
Case 8:10-cv-00090-PJM Document 1 Filed 01/14/10 Page 4 of 7

12. In multiple instances, SafeRent has not provided consumers with file disclosures 

upon consumer request, as required by section 609(a)(I) of the FCRA. Instead, until 

approximately June 2008, SafeRent rejected requests for file disclosures if consumers submitted 

those requests by facsimile. In response to file disclosure requests made by facsimile, SafeRent 

mailed consumers a letter advising them that they were required to complete and submit a 

written file disclosure request form through the United States mail. 

13. In multiple instances, until approximately June 2008, SafeRent did not conduct a 

reinvestigation of disputed items in a consumer's file upon receipt of a notice of dispute from the 

consumer by facsimile. In response to reinvestigation requests made by facsimile, SafeRent 

mailed consumers a letter advising them that they are required to complete and submit a written 

reinvestigation request through the United States mail. 

VIOLATIONS OF THE FAIR CREDIT REPORTING ACT 

COUNT I 

14. As described in Paragraph 12, SafeRent in multiple instances failed to disclose to 

consumers, upon request, all information maintained in their consumer files. 

15. By and through the acts and practices described in Paragraph 14, SafeRent has 

violated section 609(a)(I) of the FCRA, 15 U.S.C. § 168Ig(a)(I). 

COUNT II 

16. As described in Paragraph 13, SafeRent in multiple instances failed to conduct 

reinvestigations of the completeness or accuracy of information contained within a consumer's 

file upon receipt of a notice of dispute from the consumer. 
Case 8:10-cv-00090-PJM Document 1 Filed 01/14/10 Page 5 of 7

17. By and through the acts and practices described in Paragraph 16, SafeRent has 

violated section 61 I (a)(I)(A) of the FCRA, IS U.S.C. § 168li(a)(l)(A). 

18. Pursuant to section 621 (a)(l) of the FCRA, IS U.S.C. § 168Is(a)(I), the acts and 

practices alleged in Paragraphs 14 and 16 also constitute unfair or deceptive acts or practices in 

violation of section 5(a) of the FTC Act, IS U.S.C. § 45(a). 

THIS COURT'S POWER TO GRANT RELIEF 

19. Section 621 (a)(2)(A) of the FCRA, 15 U.S.C. § 1681 s(a)(2)(A), authorizes the 

Court to award monetary civil penalties in the event of a knowing violation of the FCRA, which 

constitutes a pattern or practice. SafeRent's violations of the FCRA, as alleged in this 

Complaint, have been knowing and have constituted a pattern or practice of violations. As 

specified by the Federal Civil Penalty Inflation Adjustment Act of 1990,28 U.S.C. § 2461, as 

amended by the Debt Collection Improvements Act of 1996, Pub. L. 104-134, § 3100 I (s)( I), 

110 Stat. 1321-373, the Court is authorized to award a penalty of not more than $2,500 per 

violation for violations occurring before February 10, 2009, and $3,500 per violation for 

violations occurring on or after that date. 

20. Each instance in which SafeRent has failed to comply with the FCRA constitutes 

a separate violation of the FCRA for the purpose of assessing monetary civil penalties under 621 

of the FCRA, IS U.S.C. § 1681s. Plaintiff seeks monetary civil penalties for every separate 

violation of the FCRA. 

21. Under section 621(a) of the FCRA, 15 U.S.C. § 1681(a), and section 13(b) of the 

FTC Act, 15 U.S.C. § 53(b), this Court is authorized to issue a permanent injunction prohibiting 

Defendant from violating the FTC Act and the FCRA. 
Case 8:10-cv-00090-PJM Document 1 Filed 01/14/10 Page 6 of 7

PRA YER FOR RELIEF 

WHEREFORE, Plaintiff requests that this Court, pursuant to 15 U.S.C. §§ 45(a), 53(b), 

1681 s, and 1691 c, and pursuant to the Court's own equitable powers: 

(1) Enter judgment against Defendant and in favor of Plaintiff for each law violation 

alleged in this Complaint; 

(2) Enter an injunction against Defendant to prevent further violations of the FCRA 

and the FTC Act, as alleged herein; 

(3) Award Plaintiff monetary civil penalties from Defendant for each violation of the 

FCRA as alleged in this Complaint; 

(4) Order Defendant to pay the costs of this action; and 

(5) Award Plaintiff such additional relief as the Court may deem just and proper. 
Case 8:10-cv-00090-PJM Document 1 Filed 01/14/10 Page 7 of 7

OF COUNSEL: 

JESSICA RICH 

Acting Associate Director 

Division of Privacy and Identity Protection 

REBECCA E. KUEHN 

Assistant Director 

Division of Privacy and Identity Protection 

CHRISTOPHER N. OLSEN 

Attorney 

Division of Privacy and Identity Protection 

KATE WHITE 

Attorney 

Division of Privacy and Identity Protection 

Federal Trade Commission 

Division of Privacy and Identity Protection 

601 New Jersey Avenue, N.W. 

Suite NJ 3158 

Washington, D.C. 20001 

FOR THE PLAINTIFF 

UNITED STATES OF AMERICA: 

TONY WEST 

Assistant Attorney General 

Civil Di vision 

United States Department of Justice 

ROD J. ROSENSTEIN 

United States Attorney 

Distri ct of Maryland 

Jamie 

A stant United State llorney 

istrict of Maryl 

',i.Q.::i..!L.!l;3i'I1:%"" S tree t, 4 1h Floor 

Baltimore, MD 20770 

410-209-4800 

EUGENE M. THIROLF 

Director 

Office of Consumer Litigation 

KENNETH L. JOST 

Deputy Director 

Offic e of Consumer Litigation 

ALAN PH ELPS f 

Trial Al10rney 

Office of Consumer Litigation 

U.S. DepaI1ment of Justice 

PO Box 386 

Washington, D.C. 20044 

202-307-6154 

Alan.Phelps@usdoj.gov 

Attorneys for Plaintiff 

United States of America 
Case 8:10-cv-00090-PJM Document 1-1 Filed 01/14/10 Page 1 of 12

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF MARYLAND 

UNITED STATES OF AMERICA, 

Plaintiff 

Civil No. 

v. 

FIRST ADVANTAGE SAFERENT, INC., 

Defendant. 

••• 0000000 •• 

STIPULATED FINAL JUDGMENT AND ORDER FOR 

CIVIL PENALTIES, PERMANENT INJUNCTION, AND OTHER EQUITABLE 

RELIEF 

Plaintiff, the United States of America, acting upon notification and authorization to the 

Attorney General by the Federal Trade Commission ("FTC" or "Commission"), is concurrently 

filing its Complaint herein, which alleges that Defendant First Advantage SafeRent, Inc. 

("SafeRent"), has engaged in violations of the Fair Credit Reporting Act ("FCRA"), 15 U.S.C. §§ 

1681-168Ix, and in unfair or deceptive acts or practices in violation of Section 5 of the Federal 

Trade Commission Act ("FTC Act"), 15 U.S.C. § 45(a). Defendant has been represented by the 

attorney whose name appears hereafter. The parties have agreed to entry of this Stipulated Final 

Judgment and Order for Civil Penalties, Permanent Injunction, and Other Equitable Relief 

("Order") to resolve all matters in dispute in this action without trial or adjudication of any issue 

of law or fact herein and without Defendant admitting the truth of, or liability for, any of the 

matters alleged in the Complaint. Defendant has waived service of the Summons and Complaint. 
Case 8:10-cv-00090-PJM Document 1-1 Filed 01/14/10 Page 2 of 12

THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED as 

follows: 

FINDINGS 

1. This Court has jurisdiction over the subject matter of this case and over 

Defendant SafeRent. 

2. Venue in this district is proper under 28 U.S.C. §§ 1391(b)-(c) and 1395(a), and 

15 U.S.C. § 53(b). 

3. The Complaint states claims upon which relief may be granted against Defendant 

under sections 5(a), 13(b), and 16(a) of the Federal Trade Commission Act, 15 U .S.C. §§ 45(a), 

53(b), and 56(a); sections 609(a)(I) and 611(a)(I) of the Fair Credit Reporting Act, 15 U.S.C. §§ 

1681g and 1681i. 

4. Defendant makes no admissions to, and denies, the allegations in the Complaint, 

other than the jurisdictional facts. 

5. Defendant waives: (a) all rights to seek appellate review or otherwise challenge 

or contest the validity of this Order; (b) any claim it may have against the Commission, its 

employees, representatives, or agents that relate to the matter stated herein; (c) all claims under 

the Equal Access to Justice Act, 28 U .S.C. § 2412, as amended by Pub. L. 104-121, 110 Stat. 

847, 863-64 (1996); and (d) any rights to attorneys' fees that may arise under said provision of 

law. 

6. Entry of this Order is in the public interest. 

7. For the purpose of this Order: 

2 
Case 8:10-cv-00090-PJM Document 1-1 Filed 01/14/10 Page 3 of 12

a. "Defendant" shall mean First Advantage SafeRent, Inc., and its successors 

and assigns. 

b. The definitions set forth in the FCRA, 15 U.S.C. § 1681a shall apply. 

ORDER 

I. CIVIL PENALTY 

IT IS ORDERED that Defendant shall pay to Plaintiff, pursuant to section 621(a) of the 

FCRA, 15 U.S.C. § 1681 s(a), a civil penalty in the amount of one hundred thousand dollars 

($100,000), as follows: 

A. Defendant shall make this payment within seven (7) business days of the date of 

service of this Order by electronic fund transfer in accordance with instructions provided by the 

Office of Consumer Litigation, Civil Division, U.S. Department of Justice, Washington, D.C. 

20530, for appropriate disposition. 

B. In the event of any default in payment, which default continues for ten (10) days 

beyond the due date of payment, the entire unpaid penalty, together with interest, as computed 

pursuant to 28 U.S.C. § 1961, from the date of default to the date of payment, shall immediately 

become due and payable. 

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

fullest extent permitted by law. Defendant shall make no claim to or demand return of the funds, 

directly or indirectly, through counselor otherwise. 

3 
Case 8:10-cv-00090-PJM Document 1-1 Filed 01/14/10 Page 4 of 12

II. PROHIBITED BUSINESS ACTIVITIES 

IT IS FURTHER ORDERED that Defendant, and its officers, agents, servants, 

employees, and all persons or entities in active concert or participation with any of them, who 

receive actual notice of this Order by personal service or otherwise, whether acting directly or 

through any business entity, corporation, subsidiary, division, affiliate, or other device, when 

operating as a consumer reporting agency as defined in section 603(t) of the FCRA, 15 U.S.C. § 

1681a(t), are hereby permanently restrained and enjoined from: 

A. Failing to disclose to a consumer the contents of the consumer's file upon request, 

subject to section 610, as required by section 609 of the FCRA, 15 U.S.C. § 1681g. 

B. Failing to maintain reasonable procedures to ensure compliance with section 611 

of the FCRA, 15 U.S.C. § 168li, including conducting a reinvestigation of the completeness or 

accuracy of information contained within a consumer's file after receipt of notice of disputed 

information. 

III. COMPLIANCE MONITORING 

IT IS FURTHER ORDERED that, for the purpose of monitoring and investigating 

compliance with any provision of this Order: 

A. Within ten (10) days of receipt of written notice from a representative of the 

Commission, Defendant shall submit additional written reports, which are true and accurate and 

sworn to under penalty of perjury; produce documents for inspection and copying; appear for 

deposition; and provide entry during normal business hours to any business location in 

Defendant's possession or direct or indirect control, to inspect the business operation. 

4 
Case 8:10-cv-00090-PJM Document 1-1 Filed 01/14/10 Page 5 of 12

B. In addition, the Commission is authorized to use all other lawful means, including 

but not limited to: 

1. obtaining discovery from any person, without further leave of court, using 

the procedures prescribed by Fed. R. Civ. P. 30, 31, 33, 34, 36, 4S, and 69; 

2. having its representatives pose as consumers and suppliers to Defendant, its 

employees, or any other entity managed or controlled in whole or in party 

by Defendant, without the necessity of identification or prior notice, and 

C. Defendant shall permit representatives of the Commission to interview any 

consultant, independent contractor, representative, agent, or employee who has agreed to such an 

interview, relating in any way to any conduct subject to this Order. The person interviewed may 

have counsel present. 

Provided however, that nothing in this Order shall limit the Commission's lawful use of 

compulsory process, pursuant to sections 9 and 20 of the FTC Act, IS U.S.C. §§ 49, and S7b-l, to 

obtain any documentary material, tangible things, testimony, or information relevant to unfair or 

deceptive acts or practices in or affecting commerce (within the meaning of IS U.S.C. § 4S(a)(l)). 

IV. COMPLIANCE REPORTING 

IT IS FURTHER ORDERED that, in order that compliance with the provisions of this 

Order may be monitored: 

A. For a period of five (S) years from the date of service of this Order, Defendant shall 

notify the Commission of any changes in structure of Defendant or any other business entity that 

Defendant directly or indirectly controls, or has an ownership interest in, that may affect 

S 
Case 8:10-cv-00090-PJM Document 1-1 Filed 01/14/10 Page 6 of 12

compliance obligations arising under this Order, including but not limited to: incorporation or 

other organization; a dissolution, assignment, sale, merger, or other action; the creation or 

dissolution of a subsidiary, parent, or affiliate that engages in any acts or practices subject to this 

Order; or a change in the business name or address, at least thirty (30) days prior to such change, 

provided that, with respect to any such change in the business entity about which Defendant learns 

less than thirty (30) days prior to the date such action is to take place, Defendant shall notify the 

Commission as soon as is practicable after obtaining such knowledge. 

B. One hundred eighty (180) days after the date of entry of this Order and annually 

thereafter for a period of five (5) years, Defendant shall provide a written report to the FTC, which 

is true and accurate and sworn to under penalty of perjury, setting forth in detail the manner and 

form in which it has complied and is complying with this Order. This report shall include, but not 

be limited to: 

1. A copy of each acknowledgment of receipt of this Order, obtained pursuant 

to the Section titled "Distribution of Order;" and 

2. Any other changes required to be reported under Subsection A of this 

Section. 

C. Defendant shall notify the Commission of the filing of a bankruptcy petition 

within fifteen (15) days of filing. 

D. For purposes of this Order, Defendant shall, unless otherwise directed by the 

Commission's authorized representatives, send by overnight courier all reports and notifications 

required by this Order to the Commission, to the following address: 

6 
Case 8:10-cv-00090-PJM Document 1-1 Filed 01/14/10 Page 7 of 12

Associate Director for Enforcement 

Federal Trade Commission 

600 Pennsylvania Avenue, N.W., Room NJ-2122 

Washington, D.C. 20580 

RE: FTC v. First Advantage SafeRent, Inc. 

Provided that, in lieu of overnight courier, Defendant may send such reports or notifications by 

first-class mail, but only if Defendant contemporaneously sends an electronic version of such 

report or notification to the Commission at: DEBrief@ftc.gov. 

E. For purposes of the compliance reporting and monitoring required by this Order, 

the Commission is authorized to communicate directly with Defendant. 

V. RECORD KEEPING PROVISIONS 

IT IS FURTHER ORDERED that, for a period of eight (8) years from the date of entry 

of this Order, Defendant and its agents, employees, officers, corporations, and those persons in 

active concert or participation with them who receive actual notice of this Order by personal 

service or otherwise, are hereby restrained and enjoined from failing to create and retain the 

following records: 

A. Consumer complaints (whether received in written or electronic form, directly, 

indirectly, or through any third party), and any responses to those complaints, whether in written 

or electronic form, that relate to Defendant's activities as a consumer reporting agency or 

Defendant's compliance with the provisions of this Order. 

B. Copies of all training materials and written policies and procedures that relate to 

7 
Case 8:10-cv-00090-PJM Document 1-1 Filed 01/14/10 Page 8 of 12

Defendant's activities as alleged in the Complaint or Defendant's compliance with the provisions 

of this Order. 

C. All records and documents necessary to demonstrate full compliance with each 

provision of this Order, including but not limited to, copies of acknowledgments of receipt of this 

Order, required by the Sections titled "Distribution of Order" and "Acknowledgment of Receipt of 

Order" and all reports submitted to the FTC pursuant to the Section titled "Compliance 

Reporting. " 

VI. DISTRIBUTION OF ORDER 

IT IS FURTHER ORDERED that, for a period of five (5) years from the date of entry of 

this Order, Defendant shall deliver copies of this Order as directed below: 

A. Defendant must deliver a copy of this Order to (1) all of its officers, Vice 

Presidents, and other more senior personnel; (2) all of its directors, managers, employees, agents, 

and representatives who engage in conduct related to the subject matter of this Order; and (3) any 

business entity resulting from any change in structure set forth in Subsection A of the Section 

titled "Compliance Reporting." For current personnel, delivery shall be within five (5) days of 

service of this Order upon Defendant. For new personnel, delivery shall occur not later than ten 

(l0) days after assuming their responsibilities. For any business entity resulting from any change 

in structure set forth in Subsection A of the Section titled "Compliance Reporting," delivery shall 

be at least ten (10) days prior to the change in structure. 

B. Defendant must secure a signed and dated statement acknowledging receipt of this 

8 
Case 8:10-cv-00090-PJM Document 1-1 Filed 01/14/10 Page 9 of 12

Order, within thirty (30) days of delivery, from all persons receiving a copy of the Order pursuant 

to this Section. 

VII. ACKNOWLEDGMENT OF RECEIPT OF ORDER 

IT IS FURTHER ORDERED that Defendant, within five (5) business days of receipt of 

this Order as entered by the Court, must submit to the Commission a truthful sworn statement 

acknowledging receipt of this Order. 

VIII. RETENTION OF JURISDICTION 

IT IS FURTHER ORDERED that this Court shall retain jurisdiction of this matter for 

purposes of construction, modification, and enforcement of this Order. 

IX. COSTS AND ATTORNEYS' FEES 

IT IS FURTHER ORDERED that each party shall bear its own costs and attorneys' fees 

incurred in connection with this action. 

The parties hereby stipulate to the entry of the foregoing Order, which shall constitute a 

final Order in this action. 

IT IS SO ORDERED: 

Dated this ___ day of _______ , 2010. 

UNITED STATES DISTRICT JUDGE 

9 
Case 8:10-cv-00090-PJM Document 1-1 Filed 01/14/10 Page 10 of 12

FOR THE PLAINTIFF 

UNITED STATES OF AMERICA: 

TONY WEST 

Assistant Attorney General 

Civil Division 

United States Department of Justice 

ROD 1. ROSENSTEIN 

United States Attorney 

District ofMarylan.d~ ____ ---., 

~ 

Assistant Unit.ed-States"'Attorney 

r es Street, 4th Floor 

Baltimore, MD 20770 

410-209-4800 

EUGENE M. THIROLF 

Director 

Office of Consumer Litigation 

KENN ETH L. lOST 

Deputy Director 

Office of Consumer Litigation 

Attorneys for Plaintiff 

United States of America 

Page 10 of 12 
Case 8:10-cv-00090-PJM Document 1-1 Filed 01/14/10 Page 11 of 12

R THE W=E COMMISSION: 

SICA .I<:. ruCH 

cting Associate Director, Division of 

Privacy an den ·ty Protection 

Assistant Director, Division of Privacy 

and Identity Protection 

Attorney, ivision of Privacy 

and Identity Protection 

KA THERlNE WHITE 

Attorney 

Division of Privacy and Identity Protection 

Federal Trade Commission 

601 New Jersey Avenue, N. W. 

SuiteNJ- 3158 

Washington, D.C. 20001 

Tel: 202-326-2252 

Fax: 202-326-3768 

Page 11 of 12 
Case 8:10-cv-00090-PJM Document 1-1 Filed 01/14/10 Page 12 of 12

FOR THE DEFENDANT: 

C 

EVAN BARNETT 

1~ President 

First Advantage SafeRent, Inc. 

7300 Westmore Road 

Rockville, MD 20850 

Attorney 

Oldaker, Belair & Wittie, LLP 

Suite 1100 

818 Connecticut Ave., NW 

Washington, DC 20006 

Counsel for Defendant 

Page 12 of 12 
Case 8:10-cv-00090-PJM Document 1-2 Filed 01/14/10 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF MARYLAND 

UNITED STATES OF AMERICA, 

Plaintiff 

Civil No. 

v. 

FIRST ADVANTAGE SAFE RENT, INC., 

Defendant. 

• •• 0000000 •• 

WAIVER OF SERVICE OF SUMMONS 

TO: First Advantage Saferent, Inc. (c/o Kevin L. Coy, Esq. And Robert R. Belair, Esq.) 

I acknowledge receipt of your request that I waive service of a summons in the action of 

United States of America v. First Advantage Saferent. Inc., in the United States District Court for 

the District of Maryland. I have also received a copy of the complaint in the action, two copies 

of this instrument, and a means by which I can return the signed waiver to you without cost to 

me. 

I agree to save the cost of service of a summons and an additional copy of the complaint 

in this lawsuit by not requiring that I be served with judicial process in the manner provided by 

Rule 4. 

I will retain all defenses or objections to the lawsuit or to the jurisdiction or venue of the 

court except for objections based on a defect in the summons or in the service of the summons. 

I understand that a judgment may be entered against me if an answer or motion under 

Rule 12 is not served upon you within 60 days after this request for a waiver was sent. 

(DATE) Kevin L. Coy, Esq. 

Robert R. Belair, Esq. 
Case 8:10-cv-00090-PJM Document 1-2 Filed 01/14/10 Page 2 of 2

Duty to Avoid Unnecessary Costs of Service of Summons 

Rule 4 of the Federal Rules of Civil Procedure requires certain parties to cooperate in 

saving unnecessary costs of service of the summons and complaint. A defendant located in the 

United States who after being notified of an action and asked by a plaintiff located in the United 

States to waive service of a summons, fails to do so will be required to bear cost of such service 

unless good cause be shown for its failure to sign and return the waiver. 

It is not good cause for a failure to waive service that a party believes that the complaint 

is unfounded, or that the action has been brought in an improper place or in a court that lacks 

jurisdiction over the subject matter of the action or over its person or property. A party who 

waives service of the summons retains all defenses and objections (except any relating to the 

summons or to the service of the summons) and may later object to the jurisdiction of the court 

or to the place where the action has been brought. 

A defendant who waives service must within the time specified on the waiver form serve 

on the plaintiffs attorney (or unrepresented plaintiff) a response to the complaint and must also 

file a signed copy of the response with the court. If the answer or motion is not served within 

this time, a default judgment may be taken against that defendant. By waiving service, a 

defendant is allowed more time to answer than if the summons had been actually served when 

the request for waiver of service was received. 
Case 8:10-cv-00090-PJM Document 1-3 Filed 01/14/10 Page 1 of 2 JS 44 (Ecw.7/95) CIVIL COVER SHEET 

The JS·44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required 

by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is 

required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM). 

I. (a) PLAINTIFFS DEFENDANTS 

UNITED STATES OF AMERICA 

First Advantage Saferent, Inc. 

Kevin L. Coy, Esq. and Robert R. Belair, Esq. 

Oldaker, Belair & Wittie, LLP 

Suite 1100 

818 Connecticut Avenue., N. W. 

Washington, D.C. 20006 

(b) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF 

(EXCEPT IN U.S. PLAINTIFF CASES) 

COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT Montgomery 

(IN U.S. PLAINTIFF CASES ONLY) NOTE IN LAND CONDEMNATION CASES. USE mE LOCATION OF mE TRACT OF LAND INVOLVED 

(c) A lTORNEYS (FIRM NAME. ADDRESS. AND TELEPHONE NUMBER) 

Rod J. Rosenstein. United States Attorney 

Jamie M. Bennett, Assistant United States Attorney 

United States Attorney's Office 

36 South Charles Street, 4th Floor 

Baltimore, Maryland 2120 I 

(410)209-4800 

II. BASIS OF JURISDICTION (pLACE"X"INONEBOXONLY) 

A lTORNEYS (IF KNOWN) 

III. CITIZENSHIP OF PRINCIPAL PARTIES (pLACEAN"X"INONEBOX 

(FOR DIVERSITY CASES ONLY) FOR PLAINTIFF AND ONE BOX FOR DEFENDANT) 

IX) 1 u.s. Government 

Plaintiff 

II 2 u.s. Government 

Defendant 

[) 3 Federal Question 

(U.S. Government Not a Party) 

[) 4 Diversity 

(Indicate Citizenship of Parties in item III) 

PTF DEF PTF DEF 

Citizen of This State 1)1 [) 1 Incorporated or Principal Place 1)4 [)4 

Citizen of Another State [ ) 2 [ ) 2 Incorporated and Principal Place of [) 5 [IS 

Business in Another State 

Citizen or Subject ofa Foreign Cntry 1)3 [)3 Foreign Nation ()6 f)6 

IV. CA USE 0 FACTION (CITE me u.s. CIVIL STAlUfE UNDER WHICH YOU ARE FILING AND WRITE BRIEF STATEMENT OF CAUSE. DO NOT CITE JURISDICTIONAL STAlUfES UNLESS DIVERSITY.) 

Sections 5(a), 13(b), and 16(a) of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. §§ 45(a), 53(b), and 56(a); and the Fair 

Credit Reporting Act ("FCRA"), 15 U.S.C. §§ 1681-1681x, to obtain monetary civil penalties and injunctive or other relief for 

Defendant's violations of the FTC Act and the FCRA. 

V. NATURE OF SUIT 

CONTRACT 

1I1101nsunmce 

II 120 Marine 

II 130 Miller Act 

11140 Negotiable Instrumtl\\ 

11 150 Recovery of Overpayment 

&. Enforcement of Judgmenl 

11151 Medicare Acl 

1152 Recovery ofDeflUJled 

Student Loans (Excl. Veterans) 

11153 Recovery ofOvcrpayment 

at Veteran' s Benefits 

11160 Stockholders' Suits 

11190 Other Contract 

II 195 Contract Product Liability 

REAL PROPERTY 

1/ 210 Land Condemnation 

II 220 Foreclosure 

II 230 Rent Lease &. EjCC\ment 

" 140 Tons to Land 

11290 All Other Real Property 

VI. ORIGIN 

III I Original Proceeding 

(PLACE AN "X" IN ONE BOX ONLY) 

TORTS FORFEITUREI BANKRUPTCY 

PENALTY 

PERSONAL INJURY PERSONAL INJURY 610 Agriculture II 421 Appeal 28 USC 

11310 Airplane II 362 Personal Injury Med 620 Other Food &. Drug 158 

11315 Airplane Product Malpractice 625 Drug Related Seizure 

Liabilily II 365 Personal Injury Product III Propeny 21 U S.C 881 II 423 Withdrawal 

II 320 Assllull. Libel &. Liability 630 Liquor Laws 28 U.S.C. 157 

Slllllder II 368 Asbestos Personal 640 R.R. &. Truck 

330 Federal Employers' Injury Prod. Liab 650 Airline Regs. PROPERTY 

Liability 660 Occupational RIGHTS 

340 Marine PERSONAL PROPERTY SafetylHealth 

345 Marine Product Liabilily II 370 Other Fraud 690 Other 

350 Motor Vehicle II 371 Truth in Lending II 820 Copyrights 

355 Motor Vehicle Product II 380 Other Personal Propeny 11830 Patent 

Liability Damage II 840 Trademark 

360 Other Personal Injury II 38S Propeny Damage Prod. 

Product Liability 

LABOR SOCIAL 

SECURITY 

11710 Fllir Labor Stlllldllrds II 861 HIA (l39St1) 

Act 11862 Black Lung(923) 

II 863 DIWClDIWW 

II 720 LaborlMgm\. Relations (405(g» 

CMLRIGHTS PRISONER PETITION II 864 SSID Title XVI 

II 730 LaborlMgmt. II 865 RSI (405(g» 

Reponing &. Disclosure Act 

11441 Voting 11510 Motions to Vacate 1/ 740 Railway Labor Act 

FEDERAL 

II 442 Employment Sentence II 790 Other Labor Litigation TAX SUITS 

11443 Housing/Accommodations HIIbeas Corpus: 

11444 Welfare 11530 Gencrlll 

11535 Death Penalty 1/791 Empl. Ret. Inc. 1\ 440 Other Civil Rights Security Act II 870 Taxes (U S 1\ 540 MlIIldamus &. Other Plaintiff or Defendant) II 550 Other (including 1\871 IRS· Third Pany 1983 Actions) 26 U S.C 7609 

" 2 Removed from 

State Court 

" 3 Remanded from 

Appellate Coun 

/I 4 Reinstated or 

Reopened 

1\ 5 Transferred from 

another district (specify) 

II 6 Multidistrict 

Litigation 

OTHER STATUES 

II 400 State Reapponionment 

11410 Anlilrust 

II 430 Blinks IIIld Banking 

II 450 CommerceilCC 

Rates/etc 

II 460 Deportation 

II 470 Racketeer Influenced 

Corrupt Organizations 

11810 SelCC\ive Service 

II 850 Securities! 

Commodities! Exchange 

II 875 Customer Challenge 12 

U.SC 3140 

II 891 Agricultuilll Acts 

II 892 Economic Stabilization 

Act 

II 893 Environmental Mailers 

II 894 Energy Allocation At! 

II 895 Freedom of 

Information Act 

11900 Appeal of Fee Determ 

Under £quill Access to Justice 

II 9SO COns\itutionality of State 

Statutes 

IXI 890 Other Statutory Actions 

1/ 7 Appeal to District 

Judge from Magistrate 
Case 8:10-cv-00090-PJM Document 1-3 Filed 01/14/10 Page 2 of 2

VII. REQUESTED IN 

COMPLAINT: 

VII. RELATED CASE(S) 

IF ANY 

DATE 

January 14.20 10 

CHECK IF TI·II S IS A CLASS ACTION 

II UNDER F.R.C.P. 23 

(Sec instructions); 

DEMAND 

FIELDO 

HNEY OF RECOR 

ssistant Unill.:d SI cs Attorney 

CHECK YES only ifdcmandcd in complaint: 

JURY DEMAND: 11 YES Ixl NO S