IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF GEORGIA

ATLANTA DIVISION

JAN 3 coos

LU ri~R r R 4gw, tie*

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.

2 S. 06 -CV- 019A

Defendant .

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G R I G 1

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T. e. D. C.-Att a.n

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UNITED STATES OF AMERICA,

Plaintiff,

v

CHOICEPOINT INC., a corporation,

Civil Action No .

COMPLAINT 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"), for its

Complaint, alleges that .

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 Section 621(a) of

the Fair Credit Reporting Act ("FCRA"), 15 U .S C § 1681 s(a), to secure permanent injunction,

consumer redress, disgorgement, and other equitable relief from Defendant for engaging in acts or

practices violating Section 5(a) of the FTC Act, 15 U .S .C. § 45(a) and the FCRA, 15 U .S .C. §§

1681 - 81-168 and to recover monetary civil penalties pursuant to Section 621(a)(2 ) (A) of the

FCRA, 15 U S G § 1681 s(a)(2)(A) .

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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(m)(1)(A), 53(b), 56(a), and

1 691 c(c)

3 . Venue in the United States District Court for the Northern District of Georgia is

proper under 15 U S.C. § 53(b) and under 28 U .S .C. §§ 1391(b)-(c) and 1395(a) .

DEFENDANT

4 Defendant ChoicePoint Inc., including for all purposes in this Complaint its

subsidiaries and operating companies, ("ChoicePoint" or "Defendant"), is a Georgia corporation

with its principal place of business at 1000 Alderman Drive, . Alpharetta, Georgia 30005 . In

connection with the matters alleged herein, ChoicePoint has transacted business in this District .

5 At all times material to this Complaint, certain subsidiaries of ChoicePoint have

collected and maintained personal identifying information about individuals, and have furnished

that information to others for a fee . Among other lines of business, ChoicePoint sells to its

subscribers consumer reports obtained from consumer reporting agencies and public record

information obtained from a variety of sources .

6. Certain subsidiaries of ChoicePoint are "consumer reporting agencies" as that

term is defined in Section 6Q3( f) of the FCRA, 15 U .S C . § 1681a(f)

COMMERCE

7. Defendant maintains, and at all times mentioned herein has maintained, a course

of trade in or affecting commerce, as "commerce" is defined in Section 4 of the FTC Act, 15

U.S.C § 44.

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DEFENDANT' S COURSE OF CONDUCT

8 ChoicePoint markets products and services to businesses, governments, and other

entitie s that use the information contained in Cho icePoint ' s databas es for, among other things,

identification and credential verification purposes . ChoicePoint's products and services draw

upon billions of records collected and maintained by ChoicePoint that contain the personal

information of consumers, including names, Social Security numbers, dates of birth, bank and

credit card account numbers, and credit histories, much of which is sensitive and not publicly

available

9. ChoicePoint furnishes consumers' personal information, in various combinations

and product lines, to businesses through a number of operating units . These operating units

include, but are not limited to, ChoicePoint Public Records Group, Workplace Solutions, and

Insurance Services . ChoicePoint Public Records Group provides public records data, such as

bankruptcy and lien information, as well as identity verification products and services . These

products contain the personal information of individual consumers, such as name, address, date

of birth, and Social Security number . Workplace Solutions provides pre-employment and tenant

screening products and services, including consumer reports . Insurance Services provides,

among other things, products and services to the insurance industry for use in underwriting,

including consumer reports .

10. ChoicePoint obtains consumer data from a broad assortment of sources, including,

but not limited to, insurance claims data, public records (such as courthouses, recorders of deeds,

and criminal dockets), motor vehicle records, and other consumer reporting agencies, including

the three nationwide credit reporting agencies . ChoicePoint collects the information without

making any contact with the consumers whose information it sells, and consumers cannot remove

their information from ChoicePoint's databases .

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11 A business obtains data from ChoicePoint by entering into an agreement and

becoming a subscriber . In order to become a subscriber, an entity must submit an application that

includes certain information and documentation to establish that the applicant is a legitimate

business with a lawful purpose for purchasing consumer data ChoicePotnt then processes the

application materials before approving or rejecting the account . ChoicePoint has over 50,000

subscribers, including insurance companies, landlords, banks, private investigators, debt

collectors, and a variety of other businesses

12. In February 2005, pursuant to a California state law requirement, ChoicePoint

notified approximately 35,000 California consumers that it may have disclosed their personal

information to persons who did not have a lawful purpose to obtain the information .

Subsequently, ChoicePoint notified approximately 111,000 consumers outside of California that

their information may have been compromised More recently, it notified an additional 17,000

consumers, bringing the total to 163,000 In all cases, the information disclosed by ChoicePoint

included unique identifying information that facilitates identity theft, such as dates of birth and

Social Security numbers, as well as nearly 10,000 credit reports . At least 800 cases of identity

theft arose out of these incidents

13 . The persons who obtained this consumer information submitted applications to

ChoicePoint and were approved by the company to be subscribers authorized to purchase

ChoicePoint products and services The applications contained false credentials and other

misrepresentations, which ChoicePoint failed to detect because it had not implemented

reasonable procedures to verify or authenticate the identities and qualifications of prospective

subscribers . Among other things, ChoicePoint failed to : utilize readily available business

verification products, such as those that identify commercial mail drops ; examine applications

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and supporting documentation supplied by prospective new users, compare information supplied

by prospective new users to information supplied by other applicants in order to identify suspect

representations ; conduct site visits ; or utilize other reasonable methods to detect discrepancies,

illogical information, suspicious patterns, factual anomalies, and other indicia of unreliability .

Examples of these failures include, but are not limited to, the following :

a. ChoicePoint accepted as verification of certain application information

(e .g , business address) documents that otherwise called into question the authenticity of

the applicant's business or the reliability of information supplied by the applicant, such as

a utility statement showing a delinquent account or a telephone statement showing billing

at a residential, rather than a business, rate ;

b. ChoicePoint accepted for verification purposes documentation that

included facially contradictory information, such as different business addresses on

federal tax identification documents and utility statements, without conducting further

inquiry to resolve the contradiction,

c. ChoicePoint accepted other forms of facially contradictory or illogical

application information, such as articles of incorporation that reflected that the business

was suspended or inactive, and tax registration materials that showed that the business'

registration was cancelled a few days prior to the date the application was submitted to

ChoicePoint, without conducting further inquiry to resolve apparent anomalies ;

d. ChoicePoint accepted information inconsistent with the stated type of

business of an applicant, such as an apartment number or commercial mail drop as the

applicant's business address, or a cellular telephone number as the business' sole

telephone number, without further inquiry to verify the authenticity of the applicant's

business;

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e. ChoicePoint approved, without further inquiry, the applications of

subscribers notwithstanding the fact that the applicant left critical information, such as

business license number, contact information, or applicant's last name, blank on the

application;

ChoicePoint accepted applications transmitted by facsirrule from public

commercial locations, and accepted multiple applications for putatively separate

businesses from the same facsimile numbers, without further inquiry to verify the

authenticity of the applicant's business ; and

g. ChoicePoint accepted and approved, without further inquiry, the

applications of subscribers notwithstanding the fact that ChoicePoint's own internal

reports on the applicant linked him or her to possible fraud associated with the Social

Security number of another individual .

14. ChoicePoint also failed to monitor or otherwise identify unauthorized activity by

subscribers, even after receiving subpoenas from law enforcement authorities between 2001 and

2005 alerting it to fraudulent accounts, and even when its own experiences with the subscriber

should have raised doubts about the legitimacy of the subscriber's business . Examples of these

failures include, but are not limited to, the following :

a. Furnishing to a purported apartment leasing subscriber a large number of

consumer reports, over a relatively short period of time . that substantially exceeded the

total number of rental units stated in the subscriber's application, without verifying that

the applicant had a permissible purpose to obtain the reports ;

b. Continuing to furnish consumer reports to a subscriber when the

subscriber's telephone had been disconnected, the business address of the subscriber was

found to be incorrect, the credit card number provided by the subscriber for payment to

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ChoicePoint was in the name of an individual not associated with the subscriber's

ChoicePoint account, the subscriber made multiple changes of address and/or telephone

numbers over a short period of time, and the subscriber made payments to ChoicePoint

solely by commercial money orders drawn on multiple issuers ;

c. Continuing to furnish consumer reports to a subscriber when the

subscriber's ChoicePoint account was repeatedly suspended for nonpayment ; and

d . Continuing to furnish consumer reports to a subscriber when the

documents submitted by that subscriber in the ChoicePoint application process were

i denti fied by Choi cePoint personnel as suspicious .

VIOLATIONS OF THE FCRA

COUNT I

15 . Section 604 of the FCRA, 15 U .S .C. § 168 1b, prohibits a consumer reporting

agency from furnishing a consumer report except for specified "permissible purposes ."

16 . In numerous instances, ChoicePoint has furnished consumer reports to subscribers

that did not have a permissible purpose to obtain a consumer report .

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

violated Section 604(a) of the FCRA, 15 U .S .C . § 1681b(a)

COUNT II

18 . Section 607(a) of the FCRA, I S U . S C . § 1681 c(a), requires a consumer reporting

agency to maintain reasonable procedures to limit the furnishing of consumer reports to the

purposes listed under Section 604 of the FCRA, including making reasonable efforts to verify the

identity of each new prospective user of consumer report information and the uses certified by

each prospective user prior to furnishing such user a consumer report .

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19. In numerous instances, ChoicePoint has failed to maintain reasonable procedures

to limit the furnishing of consumer reports to the purposes listed under Section 604 of the FCRA,

has failed to make reasonable efforts to verify the identity of prospective new users of consumer

report information, and has failed to make reasonable efforts to verify the uses certified by each

prospective user prior to furnishing such user a consumer report . For example, ChoicePoint has

failed to examine or audit its subscribers to ensure that they were in fact using consumer report

information for permissible purposes . In addition, ChoicePoint has failed to implement

reasonable procedures, such as site visits, audits, or other verification, for users who typically

have both permissible and impermissible purposes for using consumer reports (such as attorneys,

insurance companies, private investigators, detective agencies, and protective service firms) to

ensure that such users were using consumer report information for permissible purposes only .

20. Section 607(a) of the FCRA, 15 U .S .C. § 1681 e(a), prohibits a consumer reporting

agency from furnishing a consumer report to any person if it has reasonable grounds for believing

that the consumer report will not be used for a pem-ussible purpose .

21 . In numerous instances, ChoicePoint has furnished consumer reports to subscribers

under circumstances in which ChoicePoint had reasonable grounds for believing that the reports

would not be used for a permissible purpose.

22. By and through the acts and practices described in Paragraphs 16, 19, and 21,

ChoicePoint has violated Section 607(a) of the FCRA, 15 U .S .C. § 1681e(a) .

23 Pursuant to Section 621(a)(1) of the FCRA, 15 U .S.C. § 1681 s(a)(1), the alleged

violations of the FCRA constitute unfair or deceptive acts or practices in violation of Section 5(a)

of the FTC Act, 15 U .S .C § 45(a) .

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24 The acts and practices described in Paragraphs 16, 19, and 21 constitute a pattern

or practice of knowing violations, as set forth in Section b21(a)(2)(A) of the FCRA, 15 U .S .C

§ 1681 s(a)(2)(A) .

DEFENDANT ' S VIOLATIONS OF SECTION 5 OF THE FTC ACT

COUNT III

25 . As described in Paragraphs 12 through 14, ChoicePoint has not employed

reasonable and appropriate measures to secure the personal information it collects for sale to its

subscribers, including reasonable policies and procedures to (1) verify or authenticate the

identities and qualifications of prospective subscribers ; or (2) monitor or otherwise identify

unauthorized subscriber activity

26 ChoicePoint's failure to employ reasonable and appropriate security measures to

protect consumers' personal information has caused or is likely to cause substantial injury to

consumers that is not offset by countervailing benefits to consumers or competition and is not

reasonably avoidable by consumers. This practice was, and is, an unfair act or practice in or

affecting commerce in violation of Section 5(a) of the Federal Trade Commission Act, 1 5 US C.

§ 45(a) .

COUNT IV

27. Since at least 1999, ChoicePoint has adopted various privacy principles, including

but not limited to Exhibit A, which it has disseminated or caused to be disserrunated on its

websites at www .choicepoint.com and www .choicepoint.net, incorporated in its contracts with

subscribers, and discussed in its Annual Reports filed with the Securities and Exchange

Commission and distributed to shareholders and the public These privacy principles contain the

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following statement regarding the confidentiality and security of personal i nformati on collected ,

maintained, or furnished by ChoicePoint :

ChoicePoint uses administrative, technical, personnel, and physical

safeguards to protect the confidentiality and security of personally

identifiable consumer information in our possession . These

safeguards are designed to ensure a level of security appropriate to

the nature of the data being processed and the risks of

confidentiality violations involved .

28. ChoicePoint maintains a website, www .choicetrust .com, which contains

information directed at consumers . Through this website, ChoicePoint has disseminated or

caused to be disseminated various notices about the FCRA, including but not necessarily limited

to Exhibit B, containing the following statements :

Because ChoicePomt's ChoiceTrust understands its responsibility

to treat consumers fairly and to protect their privacy, we have

developed Fair Information Practices These practices are derived

from the Federal Fair Credit Reporting Act, but go beyond the

requirements of that law . . . ChoicePoint operated under its own

Fair Information Practices even before passage of this Act, and

continues to offer greater protection to the consumer than is

required by the FCRA.

**~**

ChoicePoint allows access to your consumer reports only by those

authorized under the FCRA In addition, each ChoicePoint

customer must verify that he/she has a `permissible purpose' before

receiving a consumer report

29 ChoicePoint has disseminated or has caused to be disseminated a letter and

Frequently Asked Questions (FAQ) to consumers who request a copy of their ChoicePoint public

records file, including but not limited to Exhibit C, containing the following statement'

Every ChoicePoint customer must successfully complete a rigorous

credentialmg process . ChoicePoint does not distribute information

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to the general public and monitors the use of its public record

information to ensure appropriate use .

30. Through the means described in Paragraphs 27 through 29, Defendant has

represented, expressly or by implication, that ChoicePoint has implemented reasonable and

appropriate measures under the circumstances to maintain and protect the confidentiality and

security of consumers' personal information, including a rigorous credentialing process for

subscribers to prevent persons without a lawful purpose from obtaining access to consumers'

personal information ; and procedures to monitor subscribers' use of its public record information

to ensure appropriate use

31 . In truth and in fact, ChoicePoint has not implemented reasonable and appropriate

measures under the circumstances to maintain and protect the confidentiality and security of

consumers' personal information, including a rigorous credentialing process for subscribers to

prevent persons without a lawful purpose from obtaining access to consumers' personal

information; or procedures to monitor subscribers' use of its public record information to ensure

appropriate use . Therefore, the representations set forth in Paragraphs 27 through 29 were, and

are, false or misleading in violation of Section 5(a) of the FTC Act, 15 U .S .C § 45(a).

32 . The acts and practices of ChoicePoint as alleged in Paragraphs 27 through 30 of

this Complaint constitute deceptive acts or practices in or affecting commerce in violation of

Section 5(a) of the Federal Trade Commission Act, 15 U.S .C. § 45(a) .

THI S COURT'S POWER TO GRANT RELIEF

33 . Each instance in which ChoicePoint has failed to comply with Sections 604 or 607

of the FCRA, 15 U.S.C. §§ 1681b, 1681 e, constitutes a separate violation of the FCRA for the

purpose of assessing monetary civil penalties

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34. Plaintiff seeks monetary civil penalties for every separate violation of the FCRA,

which occurred each time ChoicePomt- (1) furnished a consumer report to a person who did not

have a permissible purpose to obtain such a report ; (2) furnished a consumer report under

circumstances where ChoicePoint failed to make a reasonable effort to verify the identity of the

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

consumer report, and (3) furnished a consumer report to any person when it had reasonable

grounds for believing that the consumer report would not be used for a permissible purpose under

the FCRA .

35. 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 of not more than $2,500 per violation .

36 Under Sections 5(m)(1)(A), and 13(b)of the FTC Act, 15 U .S C. §§ 45(m)(1)(A),

and 53(b), this Court is authorized to issue injunctive and such other and further equitable and

ancillary relief as it may deem appropriate in the enforcement of the FCRA and the FTC Act,

including consumer redress and disgorgement, to prevent and remedy any violations of any

provision of law enforced by the Commission

PRAYER FOR INJUNCTIVE AND MONETARY RELIEF

WHEREFORE, Plaintiff requests that this Court, pursuant to 15 U .S .C . §§ 45(a)(1),

45(m)(1)(A), 53(b), 1681s, and 1691c, and pursuant to the Court's own equitable powers :

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

alleged in this Complaint ;

(2) Permanently enjoin Defendant from violating the FCRA and the FTC Act, as

alleged herein ;

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including, but not limited to, restitution, disgorgement, and other forms of redress ;

Award Plaintiff such additional equitable relief as the Court may deem just and

proper

AMY L. B NE

KATHRYN RATTE

MOLLY CRAWFORD

Attorneys Ass istant United State s Attorney

Divi s i on of Privacy and Identity Prot e cti on Georgia Bar No. 006670

Federal Trade Commission

Washington, D C 20580

13

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

FCRA alleged in this Complaint ;

(4) Award all equitable relief that the Court finds necessary to redress injury to

consumers resulting from Defendant's violations of the FCRA and the FTC Act,

(5 )

(6)

Order Defendant to pay the costs of bringing this action ; and

Dated 2006

Of CounselJOEL WINSTON

Associate Director for

Privacy and Identity Protection

JESSICA RICH

Assistant Director for

Privacy and Identity Protection

FOR THE UNITED STATES OF AMERICA :

PETER D. KEISLER, JR

Assistant Attorney General

Civil Division

U S. Department of Justice

DAVID E. NAHMIAS

United States Attorney

Northern District of Georgia

Northern District of Georgia

600 United States Courthouse

75 Spring Street, S .W

Atlanta, Georgia 30303

Tel (404) 581-6261

Fax. (404) 581-6163

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EUGENE M. THIROLF

Director

Office of Consumer Litigation

LI

ALA' J . PHE PS

Trial Attorney

Office of Consumer Litigation

Civil Division

U S. Department of Justice

Washington, D C 20530

Tel: (202) 307-6154

Fax- (202 514-8742

Attorneys for Plaintiff

United States of America

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Exhibit A

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Agreement for Service -Agents/Others Form 145 (05/2001)

t, J C. L U E i s a reg ist ;rcd t rade mark. A D D is a service m ark, and ChoicePoint, the ChoicePoint logo, and NCF are

trademarks of ChoicePosat Asset Company

F003983 02001 ChoicePoint Asset Company all rights rese rved

. CONFIDENTIAL

AGREEMENT FOR SERVICE - AGENTS i OTF ERS

CFIQICEPOIN"F PRIVACY PRINCIPLES

November 9, 1999

PREAMBLE

Ch oicePomt is a leading pr ov ider of .:redentialtng info rmat i on abo ut peop l e and b usinesses that facilitates the

establishment of business relat io nship s for smarte r decision-making. Choi c cPomt Ls al so a business leader in protecting

and a dv ocati ng co nsumer p riv acy

ChoicePoint stan ds for r esp onsib le , effective and in novative use of personal ; nformati on to help corporations ,

governments, and individuals make de ci si ons that matter This vi sion embraces usin g pers onal i nformat ion to enhance

security and will help people and businesses by bringing increased c o nfidence to dccis ton-makers Just as i mportant l y,

th is vision embraces developing co ns ens ual models to collaborate with consumers to deliver consumer services and to

prot ect personal privacy In creasi ng ly, Choi c cftnt will lo o k t o c on s u mers as a so u rce for the most accurate and timely

information a bout the c onsu mer and as partners in th e ap p r op r iate use of c o n sumer i nfo rmat ion to b enefit b oth

Ch oicaPo mt's customers an d the consumer

P r otect ing privacy is always a Cho iceP o int priority Many of our products are already subject to important privacy

pr otect ions p rovided by federal a nd st ate l aws, such as the Fair Credit Reporting Act and its state law counterparts, or

b y self-regulatory Principles, suc h as the Individual Reference Serv i ces Gr oup ( "IRSG") Principles. We arc a founding

membe r of the IRSG and we are a l eader in the a d option and implementation of the IRSG Privacy Pnriciples .

TO underscore our fundamental commitment to pri v acy and our v is i on that good privacy is good business - for

ChoicePoint, for our custo me rs and for cons umers - we have adopt ed the fo llowing P r ivacy Principles which are

beyond those mandated by law or self-regulatory principles :

SCOPE

Our Privacy Principles apply to all pers onally identifiable informati on collected, maintained, or used in delivering

i nformation products and services by any ChoiccPomt company or line of business as well as our agents and

contractors. Of course, wh en information is subject to federal or state privacy law, we comply with that law and, in

addition, adhere to our Privacy Principles so as to prov i de consumers with privacy privileges beyond those mandated

by law.

1. RELEVANCE

ChoicePoint wi l l collect, maintain, us e, and d isseminate personal information only to i mprove public safety , to reduce

fraud, ro un p ro v e risk ma n a gement to impro v e th e quality of our customer se rvices and products, or to help o ur

customers dove down the cost of provid ing services and products

Choi cePomt only collects, maintains, disseminates, and uses personally identifiable information for select products and

serv ic es t hat s erve so cial l y usefu l pur poses. S ome Ch oice P omc pr oduces , for example, help improve pub l ic s afety by

assisting law enforcement to track fugitives or by helping day care center s screen p otential workers for criminal

re cords Other produces we o ffer he lp insurance companies and other b usine sses to red uce fraud, allow patients to

determine whether their doctors hav e had their licenses suspended or revoked, or ass i st employers in making

employment decisions. Information products of this type provide critical benefits to consumers that justify the use of

pers onally identifiable information prov i ded that appropriate privacy standards are met. We understand the sensitive

natu re of the personally i de nti fiable information con tained in many of our i nformation products and we rigorously

pro t ect this information and limit its use only to products that meet a stringent social utility tesL

2. REPUTABLE SOURCES

We obtain personally identifiable -n formav_ on o n .ram _ sources kn own to us t o be r eputable These Sources inc l ude

courts, public rec o rd repositories, and co n su mer re ortm agencies In ad iti we incT ast I look far opportunities

t o obtain personally identifiable information on a c o eratrve consensual basis from consumers d rther, l ook for

ooorrun i nes t o allow consumers to s erv e as a so urce of inf'ormation about themselves through c onsumer rev iew,

correction. or amendment

Reference number = <'RF.FNUM`> Page 5

Case 1:06-cv-00198-GET Document 1-1 Filed 01/30/2006 Page 16 of 33

r, .

G ~ Agreement for Service -Agents/Others Form 145 (052001)

C L U E is a registered trademark, ADD :s a service mark, and Choicepoint, the ChoscePoint logo, and NCF are

trademarks of ChoicePoint Asset Company

C2001 ChoitePamt Asset Company All rights reserved . F003984

CON FIDENTIAL

AGREEMENT FOR SERVICE - AGEIN'T5;0'I HER5

Ch oic eP oin[ p l ac es priority on t he - cl i eb i[i ty of its info rma [ ; on so urce s Cho ic cPo i nt care fu ll y reviews . u source' s

informa tio n practi c es prior to using a sou rce an d Cho iceP omt c e ases t o u se a s ou rce if the so urce c eases to provide

accurate, compl ete and ti mely information

Oftentimes, the consumer i s one o f the b est sou rces of information a b out the consumer Where appropriate and

pos si ble, ChoicePoint will s eek t o develop c o ns ensu al mo d es to obtain consumer input and participation

3 . NOT]CFJDPT-OUT

We inform co n su mers either directly or through not i c es in ou r b roc hu res on our web site or through o ther public

informati o n and ed ucat io n oe o rtu n i t ies of the , e s of informati on we obt a i n about c o n su me how and when t hat

information I s used when t might be d is closed , an d t he st eps we sake to protect i t In ad di t i on , where a anro priate . we

allow consumers to Dpi-out o f the dissemination of the personally , de nnflab le information fro m ou r databases

Inc reas ing l y, ChoicePoint i s building di rect o r indi r ect contacts with co n sumers an d, therefore, ChoicePoint's ability to

offer a pt- outs (where ap gro prt aZ e ), provi de n ot ice o r , a t a m i nimum, e ducate the public about ChoicePoint and our

produc ts and s e rv ices, is growing While we work t o give consumers greater contro l over their personal informat ion,

we d o not permit consumers to op[-out of certai n d atab ases Fo r instance, Ch a icePoirtt does riot permit consumers to

opt - o ut of o u r databases that are designed to co mbat fraud, as permitting con sumers to o pt-out of s uch a database would

defeat the purpose of the datab ase

4. INTERNAL USES

We recognize that the personally i den ti fiab l e in format i on con ta i ne d . n many of our information products i s sensi tive

There fore we strictly limit access to personal information to tho se emv lovees wh o need acc ess in order to c arry out

their iob responsibilities_ Al l empiov ees_ are prohibited from "browsing" throu gb our fi les and databases, We train our

employees in the a2pl t cat i on of our need-to-know standard We en o dual l y au di t for compliance with this standard

a n d we i mpose penalties for any failure to comafv wi th this s tandard.

CboucP oint has adopted a n eed t o know stand ard for emp loy ee access to personally identifiable information. We

emphasize this standard with a flat out prohibition against our employees, under any circumstances, brows i ng through

o ur databases to obtain information on ce l ebrities, fr i ends, neighbors or others who may be of intcrcst. We also train

our employees in the application of our information use policies, we audit for comp liance with these policies, and we

will sanction emp loyees who v i olate these policies.

5. DISCLOSURE TO CUSTOMERS AND OTHERS

Choic ePoi nt discloses personally

identifiable • nformapon :o c ustomers an d others only pursu ant to consumer noti ces ,

co n s u mer c o nsent or wh en in compliance with l aw or level process .

We provide Personally i dentifiable information to customers to bring increased confidence t o dectsion-makers . We

insist that our customers use our personally i dentifi ab le in formation products and services i n a manner con sis tent with

ou r Pnvac Pr tic

For the v ast majority of ou r bu sin ess transactions, we obtain co n sent fr om t he co n sumer directly or t hrough our

cu stomers before we disclose information to thud parties How e v er, in case s wh e re consent i s not p r actical, we provi de

notice through Web sites and e ducat i on materials of the u se s to which ou r information i s put. In addition , h owever, we

may be required by c o urt order o r s ubpoena to provide pers onally identifiable information without the consent of the

cons umer to whom i t pertains.

6 . ACCURACY

Ch o i c eP o i nt strives to main ta in the highest practicable data accuraev

When we obtain information from public record repositories or other "official" sources, we seek to accurately capture

and reflect the i nformat i on o bta in ed from these sources

Reference number = 4 •REFNUM"> Page 6

Case 1:06-cv-00198-GET Document 1-1 Filed 01/30/2006 Page 17 of 33

This official is responsible for .

Working with a special eommittce of the Board of Directors on privacy issues ;

Working with our Human Resources Department to oversee our employee training program;

Overseeing our consumer point of contact's resolution of privacy inquiries and complaints ;

F003985

CONFIDENTIAL

Refere nc e number = <* REFNUM"

> Page 7

AGREEMENT FOR SERVICE - :GENTS/OTHERS

Information is th e ca re of o ur business and pro v id in g accu rate Information Is v it al to o ur su c c ess If a c o nsumer

notifi es u s that per s onally identifiable information : s incorrect, w e will either co rrect t he in for mati o n or direct the

co n su mer to th e so u rc e of the information for correct i on

1 f, u p o n r e view, we believe :hat the existing Information i s tortes, w e will in form the consumer If the c o ns umer still

d is pute s the a ccura cy of t he information, we will note, if appropriate, the con sumer dispute in our records

7 . CONSUMER A CCESS

Ch o i ccPoint pro vid es consumers with a cc ess t o an d copi es of virt uaE Vv a l l personally identifiable information we

main tai n on that co nsumer

We beli eve th at consumers s hou ld be able to fin d out what personally i denti fi ab l e information we maintain about them .

We believe that consumer ac cess p rom o tes accur acy and hel ps c onsu mers t o better understand the types o f products

a nd serv ices that we p r ov i de an d the b enefi ts of those pr od u cts

There are some exceptions to this rul e, including whe n provi d ing acc ess m ay have an ad verse impact on th e h ealth or

safety of the consum e r, whe n access would violat e the privacy of another individ ual o r r ev e al the identity of a

confidential source, when th e information is proce ssed by ChoicePoint but controll e d by an outside party; w he n access

is prohibited by law, or when The information requested is related to litigation involvin g Cho1CCPOLnt Or its affiliates

8. SECURITY

Choi cePoint uses adm i nrstrat i ve , technical , oersonn el and physical safeguards to prote ct the confidentialrty and

security of personally identifiable consumer information In our pos5ession

These s afegu ards are d e signed to ensure a level of security app ro pr i ate to the nature of th e data being p roc e ssed and the

risks of confidentiality violations involv ed.

9. COMPLIANCE PROGRAM

ChouePomz has implemented a comprehensive compliance pro2ram

Compliance actions mciud e:

• Training a ll Choic cPomt empl oyees with access to personally identifi able information m the p ur p ose and

application of our Privacy Principles,

• Requiring employees with access to person ally identifiable information to sign confidentiality agreements,

Condu cting backg r o un d ch ecks of employees hired for positions with amass t o personally iden tifi ab l e

information ; and

∎ Holding employees accountable for violations of our privacy policies, with sanctions, includi ng th e possibility of

termination of employment.

10 . PRIVACY RESPON5IBIL]TY

To ensure th at our ortvacv o ro aram receives h i eh -l e v el attenti on our Board of Dire ct ors has created a spec i al

committee to over s ee t he implementation and future development of our Privacy Principles

In addition . a senior Choi cePo mt official i s res a ons i ble for implementing and overseeing the administration of our

Privacy Principles on a day to d basis .

Agreement for Service -Agents/0lhers Form 145 (05/2001)

C.L.U E is a registered trademark, A.D D is a service mark, and ChoiccPoint, the ChoicePoint logo, and NCF are

c. J

trademarks of ChoieePoint Asset Company

02001 ChoiccPotnt Asset Company All rights reserved

Case 1:06-cv-00198-GET Document 1-1 Filed 01/30/2006 Page 18 of 33

Agreemen

t for Service -Agents/Others Form 145 (OSi2001)

C L U E. is a registered trademark, AD D is a service mark and ChoicePoint, th e Choic eP oint logo, an d N CF are

L J

t rademarks of Cho iceP oi n t Ass et Company

02001 ChoicePoint Asset Company All nghu reserved- F003986

CONFIDENTIAL

AGREEMENT FOR SERVICE - kGENTS10'FHERS

Working with our Iceal deparmcn : to ensure our ongoing compliance with applicable pnvacy laws as well as our

Privacy Principles,

overseeing our Consumer education and outreach eons, and

• Otherwise administering the rnpiencntation and enforcement of our Privacy Principles and other privacy matters

12 . COMPLIANCE ASSESSMENTS

Choi ccPoint w i ] l conduct periodic comnfiance assessments of our ;niernal oractices to ensure that the Privacy

Princu)Ies are being implemented effectively

We take compliance with our policies seriously We will assess our compliance with our Privacy Principles

periodically to make sure that all of our business units are in comFlLance Some assessments may also be conducted by

outside parties.

12. INTERNET PRIVACY

Choice-Point recognizes the i mp onener of the privacy of information obtained, over the Internet and applies its Privacy

Principles to the online environment.

We have developed an online privacy policy reflecting our Privacy Principles and evolving standards for Internet

privacy and we have placed these procedures, and our Privacy Principles, on our home page and the home pages of our

business units . This privacy policy is easy to find, read, and understand We give the consumer choice about the use of

information collected about the consumer online . We also provide information about our data security measures, our

data quality and access controls, and means to correct any inaccuracies in information collected about a consumer over

the IntemeG

We will maintain a "privacy :cal" through a nationally recognized seal organization which applies the Online Privacy

Alliance ("OPA") guidelines for Internet privacy and provides a disputeruolunon system for consumer complaints

regarding online privacy .

13 . GOOD STANDARDS/EDUCATION EFFORTS

ChotcePotnt pledges char ass business un its w}13 work actively to promote up-to-date and me is 1 vac standards

for their industri

We will participate actively in self reevlaiorv privacy initiatives as well as-i)artscipating in th ; d ;baie about developing

Rnvacv laws and rcgulations We will also enes¢e in coeume : education efforts to promote privacy awareness .

14 . CONSUMER POINT OF CONTACT AND DISPUTE RESOLUTION

Choi cePo irst yrovi da consumers with a point of contact to respond to consumer avesnorts about our Privacy Principles

and to asst t consumers in exercising their options under our Pnvacv Principles,

With over 3,500 employees across the country, we know that finding the Wight employee to talk to is important for

consumers.

Therefore, we provide consumers with a point of contact through a toll-free number and email . This point of contact

vnll :

Be available to answer consumer questions regarding our privacy policies and procedures,

Direct the consumer to a point of contact m the relevant business unit ;

• Address complaints from consumers regarding possible violations of our Privacy Principles ; and

• Assist consumers in exercising their rights of opt-out, access, or correction under our Privacy Principles .

In the unlikely event that a disagreement with the consumer persists, we are committed to developing easy to use,

consumer friendly procedures to resolve any dispute

Reference cumber= <'REFNUM*> Page 8

Case 1:06-cv-00198-GET Document 1-1 Filed 01/30/2006 Page 19 of 33

Exhibit B

Case 1:06-cv-00198-GET Document 1-1 Filed 01/30/2006 Page 20 of 33

http //www choicetrust comlxsllfaq/fcra/fcra consumer .htm 9/6/2005

Your FCRA Rights

Click on t he following state if you res i de in CA, CT. MA, MD, NH, NJ . TX, VT WA

Your FCRA Rights

Becau se Cho icePoi nt 's ChoiceTrust unders ta n ds i ts responsibility to t r eat

consumers fa irl y and to p ro tec t the ir p ri vacy , we have deve lo p ed Fa i r

I nfo rmati on P ra ctices These practices a re derived fro m the Fe de ra l Fair Credi t

Reporti n g Act, but go b eyond th e requi rements of that la w With your

assistance , ou r F a i r Information Practices can h el p you pro t ect your pr ivacy

an d a chiev e th e faires t possible bu sines s dealings wi th in s ura n ce compani es

Cho i cePoin t operated under its own Fai r I nformation Pra ctices e v e n b efo re

pa ss ag e o f this Ac t , a nd co n tin u e s to offer g re ate r protect ion to the co ns umer

than i s req uir ed by th e FCRA

What is th e Fair Credit Reportin g Act (FC RA)?

T he Fed eral Fai r Credit Reporting Act (FC RA) promotes accuracy, fairness

and privacy o f information in the fil es of every consumer- report ing agency

(C RA) You can find the complete text o f th e F CRA 15 U S C 1681 et seq, at

www ft_c_gov

Summary of Your Rights under the FCRA The Federal Fair

Credit Reporting Act (FCRA) is designed to promote accuracy, fairness, and

privacy of information i n the files of every "consumer reporting agency

" (CRA) Most CRAs are credit bureaus that gather and sell information about

you -- such as if you pay your bills on time or have filed bankruptcy - to

creditors, employers, landlords, and other businesses You can find the

complete text of the FCRA, 15 U S C 1681-1681u, at the Federal Trade

Commission's web site (http //www ftc gov) The FCRA gives you specific

rights, as outlined below You may have additional rights under state law Yon

may contact a state or local consumer protection agency or a state attorney

general to learn those rights

You must be told if information in your file has been used against

you Anyone who uses information from a CRA to t ake act io n against

you -- s u ch as denyi ng an applicati o n for credit, i n sura nce, or

empl oyment - must te ll y ou , and give y o u the name, ad dress, a nd

phone nu mber of t he CRA that p rovided t he c onsumer report

You c art find out wh at i s in your file. At your request, a CRA must

give you the information in your file, and a list of everyone who has

requested it recently There is no charge for the report if a person has

taken action against you because of information supplied by the CRA,

if you request the report within 60 days of receiving notice of the

action You also are entitled to one free report every twelve months

upon request if you certify that (1) you are unemployed and plan to

seek employment within 60 days . (2) you are on welfare, or (3) your

report is inaccurate due to fraud OtherwFSe, a CRA may charge you

up to eight dollars

You can dispute inaccurate information with the CRA. If you

tell a CRA that your consumer report contains inaccurate information,

the CRA must investigate the items (usually within 30 days) by

presenting to its information source all relevant evidence you submit,

unless your dispute is frivolous The source must review your evidence

and report its findings to the CRA (The source also must advise

national CRAB - to which it has provided the data - of any error ) The

CRA must give you a written report of the investigation, and a copy of

your report if the investigation results in any change If the CRA's

investigation does not resolve the dispute, you may add a brief

statement to your file The CRA must normally inrJude a summary of

your statement in future reports if an item is deleted or a dispute

statement is filed, you may ask that anyone who has recently received

your report be notified of the change

Inaccurate info rmation must be corre cted or deleted. A CRA

must remove or correct inaccurate or unverified information from its

files, usually within 30 days after you dispute it However, the CRA is

Page l of 3

Case 1:06-cv-00198-GET Document 1-1 Filed 01/30/2006 Page 21 of 33

http ://www.choicetrust eom/xsUfaq/fera/fera consumer,htm 9/6/2005

Your FCRA Rights

not required to remove accurate data from your file unless it is

outdated (as described below) or cannot be verified If your dispute

results in any change to your report, the CRA cannot reinsert into your

file a disputed item unless the information source verifies its accuracy

and completeness In addition, the CRA must give you a written notice

telling you it has reinserted the item The notice must include the

name, address and phone number of the information source

• You c an d i spute ina ccurate items wi th the so urce of the

information. If you tell anyone - such as a creditor who reports to a

CRA -- that you dispute an item, they may not then report the

information to a C RA without including a notice of your dispute In

addition, once you've notified the source of the error in writing, it may

not continue to report the information if it is, in fact, an error

• Outdated information may not be reported . I n most cases, a

CRA may not report negative information that is more than seven

years old, ten years for bankruptcies

• Access to your file is lim ited. A CRA may provide information

about you only to people with a need recognized by the FCRA -

usually to consider an application with a creditor, insurer, employer,

landlord, or other business

• Your consent is required for reports that are provided to

employers , or reports that contain medical informat i on. A

CRA may not give out information a bout you to your employer, o r

p ros pec tive employer, witho ut y ou r written co nse n t A CRA ma y no t

report med i cal infor mation abo ut you to creditors, insurers , or

e mplo y ers wi thout your pe r missi on

• You may choose to exclude you r name from CRA lists for

unsolicited credit and insurance offers . Creditors and insurers

may use file information as the basis for sending you unsolicited offers

of credit or insurance Such offers must include a toll-free phone

number for you to call if you want you r name and address removed

from futu re lists If you ca ll , you mu st be k ept off th e l i sts for two years

If you request, complete, and return the C RA form provided for this

purpose, you must be taken off the lists indefinitely

You may seek damages from violators. I f a C RA, a user or (in

some cas es a p rovider of CRA d ata , violates th e FCRA, y ou ma y s ue

them in state or federa l court

Th e FCRA gives s erv eral different federal agencies authority

to enforce the FCRA

FOR QUESTIONS OR PLEASE CONTACT:

CONCERNS REGARDING:

CRAs, creditors and o the rs Federa l Trade Commi ssion

not liste d below Cons umer Res ponse C e nt er -

FCRA

Wa s hi ngton , DC 205 80

202328-3761

Natio n a l banks, fed eral Office of the Com ptrol ler o f

branche slagencies of fore i gn the Currency

ban ks (w ord " Nationa l " or Co mpliance Management ,

initials "N A " appea r in or Mail Stop 6 -6

after bank's n ame ) Wash i ng ton, DC 20219

800-61 3-6743

Federal Reserve System Federal Res erve hoard

me mber banks (except Division of Consumer &

national banks, a nd federal Communit y Affa i r s

branches/agencies of fo re ign Wash in gton , DC 20551

banks) 202- 452- 3693

Savings associations and Office of Thr i ft Supervision

Page 2 of 3

Case 1:06-cv-00198-GET Document 1-1 Filed 01/30/2006 Page 22 of 33

federally chartered savings Consumer Programs

banks (word "Federal' or Washington, DG 20552

initials "F S B "appear in 800-842-6929

federal institution's name)

Federal credit unions (words National Cred i t Union

"Federal Credit Union" appear Administration

i n institution's name) 1775 Duke Street

Alexandria, VA 22314

703-518-6360

F ed eral De posit Insurance

Corporation

Division of Compliance &

Consumer Affairs

Washington, DC 20429

8 00 -9 34-FDI C

Depa rtment of Transportation

Office of Financial

Management

Was hing ton, DC 20590

2 02.36 6-1 306

Department of Agriculture

Office of Depu ty Administrator

• G I PSA

Washington, DC 20250

2 0 2 -720-7051

Activities subject to the

Packers and Stockyards Act.

1921

http_//ww-w choicetrust.com/xsllfaq/fera/fera consumer .htm 9/6/2 005

Your FCRA Rights

State-chartered banks that

are not members of the

Federal Reserve System

Air, s u rfa ce, or rail common

carri ers regula te d by former

Civil Aeronauti cs Boa rd o r

I ntersta t e Co mmerce

Commission

To whom does ChoicePoint provide my Consumer

Report?

ChoicePoint allows access to your consumer reports only by those authorized

under the FCRA In addition, each ChoicePoint customer must verify that it has

a 'permissible purpose" before receiving a consumer report When you sign an

insurance appfication, you give the insurance company permissible purpose to

order information reports related to your credit, driving history, and claims

history

Which products available through this site are Consumer

Reports?

The claims . credi t and driving record repor ts are considered consumer rep orts

close vandow

Page 3 of 3

Case 1:06-cv-00198-GET Document 1-1 Filed 01/30/2006 Page 23 of 33

Exhibit C

Case 1:06-cv-00198-GET Document 1-1 Filed 01/30/2006 Page 24 of 33

CholcePolnt

Office of Privacy Compliance

1000 Alderman Drive, MD 71-K

Alpharette, GA 30005

Dear Customer

ChofcePolnt Public Records Group

Consumer Disclosure Department

F000617

CONFIDENTIAL

- w- , , 7 V'

Thank you for ordering Your Personal Public Records Search from ChoicePolnt . CholcePoint is committed

to the responsible use of information to help create a safer, more secure society while ensuring the protection

of personal privacy . We are pleased to provide you with this report to help you better understand the information

available through companies like ours and the positive power this information can have .

The following describes what is included in your custom search :

Your Personal Public Records Search Results are based on the search we conducted through federal,

state and local government agencies upon your recent request

Your Personal Non-Financial Credit Bureau Data Results Includes identity information obtained from

the three national credit bureaus . This information is sometimes called credit header data and Includes

name, address and social security number . It does NOT Include credit Information or any financial data.

Your Personal Publicly Available Records Search Results Include Information from published telephone

directories . Please note that GIs Information does not include unlisted numbers and addresses .

Please keep in mind the following Important points when reviewing your results . Each record sectlon has a

detailed description about the source of the record . I f you need more Information, we have included a QUA

product sheet Please review this information carefully . It's an easy way to get quick answers .

Results t hat you beli e ve are Inaccurate .

There are situations when a record may appear for someone else for a variety of reasons . Some records may

appear because another person has lived at the same address and shares the same l ast name. There are also

situations where the Information has been recorded Incorrectly by a reporting cor~pany or agency, or there may

be fraudulent acl4vlty. K you believe that any information contained in this report Is fnaca,rate, review th e

SSA product sheet provided fry this package for quick answers . If you still have concerns, you can request an

Inquiry package from us at

CholcePoint

Office of Privacy Compliance

1000 Alderman Drive, MD 71-K

Alpharetta, GA 30005

Or contact us by e-rna ll at: cholcetrust solutlons aQmallce .custhelp.com

Sensitive Items In your report

Some sensitive items in your report may be blocked with Xs. These Xs are used to protect your privacy and

that of others that may be listed in the report

Social security numbers : (SSN) The last four digits of any SSNs of IndivFduals who have been associated

with you are substituted with XsDates of b i rth : The specific date of birth Is substituted with )(s .

This report provides you with valuable Information about your public records . Thank you for your Interest In

ChoicePdnt

Thank you,

o soon ehoieeYoia t Mot coMP.q. AD 400 re .aved

Case 1:06-cv-00198-GET Document 1-1 Filed 01/30/2006 Page 25 of 33

o Zoo chok.Fabi Am.e osrrQ+ny. AN dOft nw~..a.

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CONFIDENTIAL

Ch o i c e Poi n t

a

Questions & Answers Product Sheet

Genera l Questions

. Who Is Choic e PalntS ?

ChoicePoint is one of the nation's leading roviders of Identification and credential verification

services for making smarter decisions in a world challenged by increased risks .

CholcePoint is also a trusted sour ce of decision- maki ng informati on that helps reduce fraud and

mitigate risk.

Through the identification, retrieval, storage, analysis and delive ry of d ata, ChoicePoint serves

the informational needs of busines ses of all sees, as well a s federal, state and local government

agencies . ChoicePoint complies with federal, state, governme nt agency lam and regulations

regarding +i+acY•

2. What are Public Records?

Public records are records generated by various government entities ndudinp:

Courts

Licensing boa rds

- secretaries Of sub

Loco l government ffio .s

Examples of public record irdormstion :

- Co unty assessor records provide milling and pr operty addresses for rea l property owners across the

United states,

Secwisry of State information locates corporations and limited partn srs hips , p rin clpal oft ers and

re giste red :pants throughout the Untied Stalss.

- Profess i onal licensing indexes identify addresses for individuals and businesses licensed i n more 1hon 40

profss lotr.

- Bankruptcies, liens and judgments display addresses of individuals and businesses with derogatory

financial histories .

Uniform Commercial Code indexes provide idetrtlylnp information on individuals and businesses with

secured finendN.

3. Wha t are pub" available ftcords?

Publicly available records are obtained from commonly u sed, non-povemmental sources that are

in the public domain . For example, this type of Information is often gathered from publi shed

telephone dredoriea. Please note, the s e records are ba sed on hlstorical date a nd do hot Include

unlisted phone numbers and addresses .

Case 1:06-cv-00198-GET Document 1-1 Filed 01/30/2006 Page 26 of 33

F000619

w ~ , N CONFIDENTIAL

rc

hoicePaint Questions &Answers Product Sheet

4 . What are our Information sources for Your Personal Public Records Search report?

Public r ecords sources include :

Property tax assessors office s -property ownership

Deed recorders offices - deed transfers

Federal Aviation Administration - aircraft a nd pilot licenses

Secretaries of State - UCC filings, business affiliations, officer of a business , trademarks,

sarvka Ma*o

Federal bankniptcy courts - bankruptcies

County civil court s - lien s and judgments

- State licensing boards - professional licenses

Federal Communications Commission -marin e radio licenses

Drug Enforcement Administration - DEA controlled substance licenses

Bureau of Alcohol Tobacco a nd Firearms - federal firearms arid e)pk*ves licenses

De partment of Defense - Active U .S. milittiary personnel records

- Securities and Exchange Comrrnssion - signikardshareholder records

Publicly available sources include:

Telephone dractory listings

Non-pcibtk kifonna6on souroes Irtdud .:

Social Security Administration

- Credit bureaus

5 . Who use s ChoicoPolnt's public records data?

ChoicePoint only serves government agencies and legitimate businesses th at have a permissible

purpose to use public record de 2a . Every CholcePoint customer must successfully complete a

rigorous aedentialin9 proc ess. ChoicePoint do es not di stribute Information to ft general public

and mondora the use of its public record Information to ensure appropriate u se. Chdce Pdnt

customers use pubic record information to combat fraud, find missing peWle, fight crime and

minimize risk associated with business decis ion s .

6 . Who has a cc ess to my Information?

ChoicePoint's public records are restricted to professionals who mu st qualify for the s e rvic e . Our

subscribers Include leg a l, professional and insurance industry Investigators. a nd federal, state

and local law enforcement agencies,

o 2004 cnai .Por,e And caq . n ,• ANraft n .. n.a.

Case 1:06-cv-00198-GET Document 1-1 Filed 01/30/2006 Page 27 of 33

F000620

CONFIDENTIAL

Ch o i c e Po : n t Questions & Answers Product Sheet

7 . Do you h ave FBI flies?

No. Choice Point does not have access to FBI files.

8. How do I contact the credit bureaus?

There are three major credit bureaus in the United States (Experi en, Equifex and TranaUnion).

You may contact them directly to obtain a copy of your credit report or Inqu ire abet changes

and/or errors in your reported miormatbn Toll-free telephon e numbers for the three credit

bureaus are shown below:

Expa ria n 88&397-3T42

Equ'dax 800-685-11 1 1

TrenaUnion SOb-888.4213

9. Whet can I do it I believe I have been s victim of Identity Theft?

There are a number of resources available to hey you if you are a victim of identity th eft, if you

believe you are a victim, contact the fraud departments of the three major credit bureaus to obtain

a copy of your credit report and to place a fraud alert on your credit file . The fraud alert requests

creditors to contact you before opening a ny new accounts or making any changes to your existing

a ccounts . Contact numbers for Equffax, Experian and TranaUnfon are:

EquNax 800-6 85.1111

Experia n 888-397-3742

TrmUnion 800488,4213

Please note, you do not have to b e a victim of identity theft to plat s a fraud al ert on your cr edit

reports. This Is a step many people take as a preventive mea sure to protect the ir Id e rrtlty.

Remember, if you place a fr a ud alert on your credit file, h m a y del ay a ny application for credit that

you may submit In the future.

if you h av e confirmed that you have b een a victim of identity fraud, he re are some additional

steps to take:

Contact your local and state authorities to determine whether they pursue identity theft cases .

Even if your local police department will not pursue the case, file a police report. Get a copy of the

report to s ubmit to your creditors and others that may requir e proof of th e aims.

Close the accounts that you believe have been tampered with or opened fraudulently . To dispute

a now, unauthorized account, use the ID Theft Afidavlt„ available through the Federal Trad e

Commission. Go to www.ftc.gov or request one by calling 202-326-2222. You can al so use the

Brode rbund Identity Theft Software, which includes all of th e bans needed to address Identity

theft. (www,broderbund tom)

0 700 chwio . Poirt Ms.l compnr. AN r bhls,.an+nd

Case 1:06-cv-00198-GET Document 1-1 Filed 01/30/2006 Page 28 of 33

O 200+1 Cboio.FoW Aud CaW.ny. N rlgllY wwnd

F000621

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-Ch

ai c eAoint Questions & Answers Product Sheet

Some additional Web sites you m a y find ua etul ar e:

www usdoi aovlcnminalltraudhdtheft html

www consumer qov h dthettl

www pnvacvnaht5 oraldre-qu iz1 htm

Case 1:06-cv-00198-GET Document 1-1 Filed 01/30/2006 Page 29 of 33

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FOOOfi22

CONFIDENTIAL

Ch o i c e Po i n t 12 Questions & Answers Product Sheet

Specific Questions a bout Your Personal P ubic Records Search Report

1 . Why are other names listed with my social security number? When should I be

concerned?

Multi ple names can appea r with your social securi ty n u mber for a number of reasons including :

Wh en aDD)ymp for credit in th e Dast, you m a y h a ve used other na mes such as a nickname or ma i de n

n ame, or

you might be known by your middle na me Instead o1 your fir st name.

Jointly filed pub ic records

Join t credit accounts (cwrerrt a nd h1alarlcan

_ individuals with the sams na me (J r., Sr.)

The re also might have been misspo llirgs of your name

There may be fraudulent activities associated with your na me and social security number (see below).

IMPORTANT: Please pay special attention to the sections related to othe r individuals associated

with your social security number. These sections, which are sourced from th e three national credit

bureaus, may show instances wh ere your social security number has become associated with

another individual's name . This typically happens through an input error ; however, it can b e a lip

that a fraudulent activity may have occurred . Therefore, If another individual Is associated with

your social security number and you d o not understand th e reason, we urge you to obtain a ova

report from the three national credit bureau s : EquiFa tt, Experia n and Tran s Unlon,

'roll-free telephone numbers for the three credit bure aus are shown below:

EquNax 800485-1 111

Experisn 88"97-3742

TransUnion 800-988,4 213

*if you beli eve you are a victim of ident i ty theft , please see general question *9 : 'VVtset can I do If I

believe t have been a victim of identity Theft?

2. Why Is my re port showing Information t hat is old?

ChoicePoint does not exclude information in the search just because it is historical . CholcePoint

has information tot is both current and historical in order to provide to most thorough data

avaftabla.

3 . Why is my report s howing add reason at which f n over lived?

The addresses that appear art your report are provided by the three major credit bureaus .

Addresses tha t do not belong lo you may appear because family member s or former family

members may have co-applied for credit or may hav e s h a red an a ddres s with you .

Case 1:06-cv-00198-GET Document 1-1 Filed 01/30/2006 Page 30 of 33

Our report matches th e name you supplied to our public seconds data on fil e . We do not make any

distinction betwe e n 'Juniors' and "Seniors' when matching names and this may b e why you see

fathers and sore listed.

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4. The report says 1 have a corporation, but I don't. Why?

Corporation re cords are returned two diffe rent ways in your report

1 ) Business affi l iations derived fr om Secretary of State corporation records will be listed when

the last n ame and an address in your address history match those on a corporate record .

2) Possible offi cer of a bus iness search results may be return ed based on a name-only match.

Because limited information is used to match these records, information th a t does not pertain to

you may be listed in ord er to provide all possible records.

5 . Why are there typographical errors and mistakes In my report?

ChoiceRoint provides a service by gathering and consolidating records on behalf of federal, side

and local government agencies acros s the nation . Since ChnicePofnt does not create the pubic

record information in its possession, ChoicePoint does not have the right or ability to change or

correct L

6. Why d on't y ou have my current address?

Choice Point provides the most up-to-date Information available . As Information s received from

the three major credit bureaus, your report will be updated. If you h ave not upd ated your a ddress

with companies that report information to ft credit bureau s , It may not appear,

T . Why do I h ave other soci al secur ity numbers listed for my name?

Other social security numbers, name s , dates of birth or addresses may be found when a search

Is run using your supplied social security number . These records are obtained from credit

bureaus . Frequently oth e r individuals are link ed with social security numbers for several reasons

including: jointly filed pub li c retard s , joint credit accounts (current and hlsWricao,lypop raph kal

errors, Individuals with the same name (Jr. . Sr.) and fraud. K you belie" you are a victim of

identity fraud, please sea general question 09: -what can I do If I believe I have been a victim o!

Identity TheR?'

8. Why is my father's for son's) 1Morm. tion on my report?

6

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S . Why don't you show the home I purchased und er your property records?

Our p ro perty records are matched based on a name and exact match on the address i ncluding

zip code. The information is retrieved from the county tax assessors office on an annual basis. It

may be that we were unabl e to produce an exact match on t he address supp li ed or we have not

yet received the annual update to our information.

10 . What is a UCC?

The Universal Commercial Code (UCC) regulates secured transactions m which an individual or a

business has secured the loan with some sort of collater a l. UCC filings are derived from the

applicable Secretary of State . The UCC filing records in your report match your last name and an

address listed in your address history.

11 . Why don' t you show the UCC paid off (terminated)?

UCC updates are obtained from the Secretary of State in all 50 state s at various intervals

throughout the year. It we do not yet show the UCC pa id off, our intortnabon may not y et be

updated for this particular stste .

12. Why l a my professional Ucons@ not listed?

Professional licenses ere obta ined from various state licensing boards at various intervals

throughout the year. If we do not show your professional license, our information may not yet be

updated . Depending on the state , we may o r may not have professional license i nformation for

your Prote alon .

13 . What do th e dates mea n next to my addresses reported?

When reporting address information from a creel!t bureau, we pass alon g to you all dates noted

on the a ddresses reported from the credit bureaus . This date is an Internal IndicatDr to the credit

burea u and not ChdcePoint.

'! 4. Why do you report old information when it's been consctsd at the credit bureaus?

ChofcePokd does not exclude Information In the search just becaus e it is historical information .

ChoioePoint has Information that is both current and historical in ord er to provide the most

thorough data available .

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Case 1:06-cv-00198-GET Document 1-1 Filed 01/30/2006 Page 32 of 33

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15. Why is my property appraised a mount incorre ct?

Property information is obtained from the county tax assessors offic e . Each county reports on an

annual basis . If you have specific questions about your property in the r eport, you may want to

contact the county ta x assess or for that property.

16. Can you get my court records?

No. In your personalised public records report only immediate information Is made available_

7ypicalty, researchers must phys ically vi sit a courthouse to retrieve court records.

17. Will the report Include criminal records?

No. Please visit the Self-Check Criminal product on www. ChokxTrustcom.

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Case 1:06-cv-00198-GET Document 1-1 Filed 01/30/2006 Page 33 of 33