UNITED STATES OF AMERICA

FEDERAL TRADE COMMISSION

In the Matter of 

FIRST AMERICAN REAL ESTATE SOLUTIONS, LLC,

a limited liability company.

File No.

AGREEMENT CONTAINING CONSENT ORDER

The Federal Trade Commission has conducted an investigation of certain acts and practices of 

First American CREDCO, Inc. ("CREDCO"), a corporation. On November 30, 1997, 

CREDCO's consumer reporting business was reorganized as an operating division of First 

American Real Estate Solutions, LLC, a limited liability company ("First American" or 

"proposed respondent"). Proposed respondent, having been represented by counsel, is willing to 

enter into an agreement containing a consent order resolving the allegations contained in the 

attached draft complaint. Therefore,

IT IS HEREBY AGREED by and between First American Real Estate Solutions, LLC, by its 

duly authorized officer, and counsel for the Federal Trade Commission that: 

1. Proposed respondent is a limited liability company organized under the laws of 

California, with its principal office or place of business at 150 Second Avenue North, 

Suite 1600, St. Petersburg, Florida, 33701. 

2. Proposed respondent admits all the jurisdictional facts set forth in the draft complaint. 

3. Proposed respondent waives: 

a. Any further procedural steps;

b. The requirement that the Commission's decision contain a statement of findings 

of fact and conclusions of law; and

c. All rights to seek judicial review or otherwise to challenge or contest the 

validity of the order entered pursuant to this agreement.

4. This agreement shall not become part of the public record of the proceeding unless and 

until it is accepted by the Commission. If this agreement is accepted by the Commission, 

it, together with the draft complaint, will be placed on the public record for a period of 

sixty (60) days and information about it publicly released. The Commission thereafter 

may either withdraw its acceptance of this agreement and so notify proposed respondent, 

in which event it will take such action as it may consider appropriate, or issue and serve 
its complaint (in such form as the circumstances may require) and decision in disposition 

of the proceeding. 

5. This agreement is for settlement purposes only and does not constitute an admission by 

proposed respondent that the law has been violated as alleged in the draft complaint, or 

that the facts as alleged in the draft complaint, other than the jurisdictional facts, are true. 

While proposed respondent believes that this agreement and entry of the order are in its 

interest, proposed respondent specifically denies the allegations of the complaint, other 

than the jurisdictional facts, and denies that it or CREDCO violated any law as alleged in 

the complaint or otherwise. 

6. This agreement contemplates that, if it is accepted by the Commission, and if such 

acceptance is not subsequently withdrawn by the Commission pursuant to the provisions 

of Section 2.34 of the Commission's Rules, the Commission may, without further notice 

to proposed respondent, (1) issue its complaint corresponding in form and substance with 

the attached draft complaint and its decision containing the following order in disposition 

of the proceeding, and (2) make information about it public. When so entered, the order 

shall have the same force and effect and may be altered, modified, or set aside in the 

same manner and within the same time provided by statute for other orders. The order 

shall become final upon service. Delivery of the complaint and the decision and order to 

proposed respondent by any means specified in Section 4.4 of the Commission's Rules 

shall constitute service. Proposed respondent waives any right it may have to any other 

manner of service. The complaint may be used in construing the terms of the order. No 

agreement, understanding, representation, or interpretation not contained in the order or 

in the agreement may be used to vary or contradict the terms of the order. 

7. Proposed respondent has read the draft complaint and consent order. Proposed 

respondent understands that it may be liable for civil penalties in the amount provided by 

law and other appropriate relief for each violation of the order after it becomes final. 

ORDER

DEFINITIONS 

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

1. The term "Fair Credit Reporting Act" ("FCRA") refers to the Fair Credit Reporting 

Act, as amended by Public Law 104-208 (Sept. 30, 1996), 15 U.S.C. §§ 1681-1681u, and 

as amended in the future. 

2. The terms "person," "consumer," "consumer report," "consumer reporting agency," and 

"file," are defined as set forth in Sections 603(b), (c), (d), (f), and (g), respectively, of the 

FCRA, 15 U.S.C. §§ 1681a(b), (c), (d), (f) and (g). 
3. Unless otherwise specified, "respondent" shall mean First American Real Estate 

Solutions, LLC, a limited liability company, its successors and assigns, and its officers, 

agents, representatives, and employees. 

I. 

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

other device, in connection with the collection, preparation, assembly, maintenance, and 

furnishing of consumer reports and files, shall comply with Section 611 of the FCRA, 15 U.S.C. 

§ 1681i, including but not limited to the following provisions: 

A. Subject to Section 611(a)(3), 15 U.S.C. § 1681i(a)(3), if the completeness or accuracy 

of any item of information contained in a consumer's file at respondent is disputed by the 

consumer and the consumer notifies respondent directly of such dispute, respondent shall 

reinvestigate free of charge and record the current status of the disputed information or 

delete the information from the file, as required by Section 611(a)(1), 15 U.S.C. 

§ 1681i(a)(1); 

B. As required by Section 611(a)(2), 15 U.S.C. § 1681i(a)(2), but subject to Section 

611(a)(3), 15 U.S.C. § 1681i(a)(3), 

1. Before the expiration of the five (5)-business-day period beginning on the date 

on which respondent receives notice of a dispute from a consumer in accordance 

with Section 611(a)(1), 15 U.S.C. § 1681i(a)(1), respondent shall provide 

notification of the dispute to any person who provided any item of information in 

dispute, at the address and in the manner established with the person; the notice 

shall include all relevant information regarding the dispute that respondent has 

received from the consumer; and

2. Respondent shall promptly provide to the person who provided the information 

in dispute all relevant information regarding the dispute that is received by 

respondent from the consumer after the five (5)-business-day period referred to in 

paragraph B.1. above and before the end of the thirty (30)-day period beginning 

on the date on which respondent receives the notice of the dispute directly from 

the consumer;

C. As required by Section 611(a)(4), 15 U.S.C. § 1681i(a)(4), in conducting any 

reinvestigation under Section 611(a)(1), 15 U.S.C. § 1681i(a)(1), with respect to disputed 

information in the file of any consumer, respondent shall review and consider all relevant 

information submitted by the consumer in the period described in Section 611(a)(1)(A) 

with respect to such disputed information; 

D. As required by Section 611(a)(5)(C), 15 U.S.C. § 1681i(a)(5)(C), respondent shall 

maintain reasonable procedures designed to prevent the reappearance in a consumer's file, 

and in consumer reports on the consumer, of information that has been deleted (other 
than information that has been reinserted after the person furnishing the information 

certifies that the information is complete and accurate, as required by Section 

611(a)(5)(B)(i), 15 U.S.C. § 1681i(a)(5)(B)(i)); 

E. Respondent shall provide written notice to the consumer of the results of the 

reinvestigation of any item disputed by the consumer under Section 611(a), 15 U.S.C. 

§ 1681i(a), not later than five (5) business days after the completion of the reinvestigation 

of the item, as required by Section 611(a)(6), 15 U.S.C. § 1681i(a)(6), including but not 

limited to: 

1. A notice that the consumer has the right to add a statement to the consumer's 

file disputing the accuracy or completeness of the information ("dispute 

statement"), as required by Section 611(a)(6)(B)(iv); and

2. A notice, as required by Section 611(a)(6)(B)(v), that the consumer has the 

right to request that respondent provide either a notification that the item has been 

corrected or deleted, or the consumer's dispute statement described in paragraph 

E.1. above or a codification or summary of that dispute statement, to any person 

specifically designated by the consumer who has received a consumer report that 

contained the deleted or disputed information

(a) within two years prior to the consumer's request, for employment purposes; or

(b) within six months prior to the consumer's request, for any other purpose;

F. If the reinvestigation under Section 611(a), 15 U.S.C. § 1681i(a), does not resolve the 

consumer's dispute, respondent shall permit the consumer to file a dispute statement, as 

required by Section 611(b), 15 U.S.C. § 1681i(b); 

G. As required by Section 611(c), 15 U.S.C. § 1681i(c), whenever a consumer files a 

dispute statement pursuant to paragraph I.F. above, respondent shall include the 

consumer's dispute statement, or a codification or summary of the dispute statement, in 

all subsequent consumer reports that respondent prepares concerning the consumer that 

contains the information in question, unless respondent has reasonable grounds to believe 

the dispute statement is frivolous or irrelevant; and 

H. Respondent shall, at the request of the consumer, provide a notification, as required by 

Section 611(d), 15 U.S.C. § 1681i(d), that a disputed item has been corrected or deleted, 

or the consumer's dispute statement or a codification or summary of that dispute 

statement, to any person specifically designated by the consumer who has received a 

consumer report that contained the deleted or disputed information 

(a) within two years prior to the consumer's request, for employment purposes; or
(b) within six months prior to the consumer's request, for any other purpose.

II. 

IT IS FURTHER ORDERED that respondent and its successors and assigns shall for five (5) 

years maintain and upon request make available to the Federal Trade Commission for inspection 

and copying all business records demonstrating respondent's compliance with the terms and 

provisions of this order. 

III.

IT IS FURTHER ORDERED that respondent and its successors and assigns shall deliver a copy 

of this order to all current and future principals, officers, directors, and managers, and to all 

current and future employees, agents, and representatives having 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. Respondent shall deliver this order to such current 

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

hired after such date within thirty (30) days after the person assumes such position or 

responsibilities.

IV.

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 entity; 

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 the entity name 

or address. Provided, however, that, with respect to any proposed change in the entity 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. 

All notices required by this Part shall be sent by certified mail to the Associate Director, Division 

of Enforcement, Bureau of Consumer Protection, Federal Trade Commission, Washington, D.C. 

20580.

V.

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

(60) days after the date of service of this order, and, thereafter, within thirty (30) days of such 

other times as the Federal Trade Commission may require, file with the Commission a report, in 

writing, setting forth in detail the manner and form in which it has complied with this order.

VI. 

This order will terminate twenty (20) years from the date of its issuance, or twenty (20) years 

from the most recent date that the United States or the Federal Trade 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: 

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

2. This order's application to any respondent that is not named as a defendant in such 

complaint; and 

3. 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 the 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.

Signed this _____ day of ______, 1998

FIRST AMERICAN REAL ESTATE SOLUTIONS, LLC

By: 

DONALD A. ROBERT

Senior Vice President

FEDERAL TRADE COMMISSION

By: 

THOMAS E. KANE

Attorney

Division of Credit Practices

_____________________________________________

LUCY E. MORRIS

Assistant Director

Division of Credit Practices

Counsel for the Federal Trade Commission

APPROVED:

DAVID MEDINE 

Associate Director

Division of Credit Practices
JOAN Z. BERNSTEIN

Director

Bureau of Consumer Protection