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IN THE UNITED STATES DISTRICT COURT 

FOR NORTHERN DISTRICT OF ILLINOIS 

UNITED STATES OF AMERICA 

Plaintiff, 

v. 

INFOTRACK INFORMATION 

SERVICES, INC., a corporation 

and 

STEVEN KAPLAN, individually, 

and as an officer of the corporation, 

Defendants. 

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Civil Action No. 14-cv-2054 

Hon. John Tharp Jr. 

STIPULATED FINAL JUDGMENT AND ORDER FOR CML 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"), filed its 

complaint, for civil penalties, permanent injunction and other equitable remedies in this matter, 

alleging that Defendants Info Track Information Services, Inc., and Steven Kaplan, individually 

and as an officer of the corporation, have engaged in violations of the Fair Credit Reporting Act 

"FCRA"), 15 U.S.C. §§ 1681-1681x, 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). The Complaint 

states claims upon which relief may be granted against Defendants 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); and under 

sections 607(b), 609(a), 611(a)(l)(A), 611(a)(6), and 613(a)(1) of the Fair Credit Reporting Act, 

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15 U.S.C. §§ 1681e, 1681g, 1681i, and 1681k. 

Defendants have 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. Defendants have 

waived service of the Summons and Complaint. 

THEREFORE, IT IS HEREBY ORDERED as follows: 

FINDINGS 

1. This Court has jurisdiction over this matter. 

2. The Complaint charges that Defendants participated in acts or practices in 

violation of Section 5 of the FTC Act, 15 U.S.C. § 45, and the Fair Credit Reporting Act, 15 

U.S.C. §§1681- 1681x in the sale of consumer reports. 

3. Defendants neither admit nor deny any of the allegations in the Complaint, except 

as specifically stated in this Order. Only for purposes of this action, Defendants admit the facts 

necessary to establish jurisdiction. 

4. Defendants waive any claim that they may have under the Equal Access to Justice 

Act, 28 U.S.C. § 2412, concerning the prosecution of this action through the date of this Order, 

and agree to bear their own costs and attorney's fees. 

5. Defendants waive all rights to appeal or otherwise challenge or contest the 

validity ofthis Order. 

DEFINITIONS 

A. "Clear and Prominent" shall mean: 

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1. in textual communications (e.g., printed publications or words displayed on the 

screen of a computer), the required disclosures are of a type, size, and location 

sufficiently noticeable for an ordinary consumer to read and comprehend them, in print 

that contrasts with the background on which they appear; 

2. in communications disseminated orally or through audible means (e.g., radio or 

streaming audio), the required disclosures are delivered in a volume and cadence 

sufficient for an ordinary consumer to hear and comprehend them; 

3. in communications disseminated through video means (e.g., television or 

streaming video), the required disclosures are in writing in a form consistent with 

subparagraph (1) of this definition and shall appear on the screen for a duration sufficient 

for an ordinary consumer to read and comprehend them, and in the same language as the 

predominant language that is used in the communication; 

4. in communications made through interactive media, such as the Internet, online 

services, and software, the required disclosures are unavoidable and presented in a form 

consist~nt with subparagraph (1) ofthis definition, in addition to any audio or video 

presentation of them; and 

5. in all instances, the required disclosures are presented in an understandable 

language and syntax, and with nothing contrary to, inconsistent with, or in mitigation of 

the disclosures used in any communication of them. 

B. "Consumer Report" means 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 

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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 FCRA Section 604, 15 U.S.C. § 168lb. 

C. "Consumer Reporting Agency'' means 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. 

D. "Corporate Defendant" means Info Track Information Services, Inc. and its successors 

and assigns. 

E. "Defendants" means Individual Defendant and Corporate Defendant, individually, 

collectively, or in any combination. 

F. "Individual Defendant" means Steven Kaplan. 

ORDER 

I. PROHIBITED BUSINESS ACTIVITIES 

IT IS ORDERED that Defendants, Defendants' officers, agents, servants, employees, 

and attorneys, and all other persons in active concert or pa1ticipation with any of them, who 

receive actual notice of this Order, whether acting directly or indirectly, in connection with 

operating as a Consumer Reporting Agency, are hereby permanently restrained and enjoined 

from: 

A. failing to maintain reasonable procedures to assure the maximum possible accuracy of the 

information concerning the individual about whom a Consumer Report relates; 

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B. failing to provide a notice identical or substantially similar to the one attached as 

Attachment A to this Order, to any person who regularly and in the ordinary course of business 

furnishes information to the agency with respect to any consumer; 

C. failing to provide a notice identical or substantially similar to the one attached as 

Attachment B to this Order, to any person to whom a Consumer Report is provided by 

Defendants, provided that Defendants may provide an electronic copy of the notice to a user if: 

(a) in the ordinary course of business, the user obtains Consumer Report information from 

Defendants in electronic form, and (b) the notice is Clear and Prominent; 

D. to the extent Defendants furnish Consumer Reports for employment purposes and for that 

purpose compile and report items of information on consumers which are matters of public 

record and are likely to have an adverse effect upon a consumer's ability to obtain employment, 

failing to: 

1. at the time such public record information is reported to the user of such 

consumer report, notify the consumer of the fact that public record information is being 

reported by Defendants, together with the name and address of the person to whom such 

information is being reported; or, in the alternative, 

2. maintain strict procedures designed to insure that whenever public record 

information which is likely to have an adverse effect on a consumer's ability to obtain 

employment is reported it is complete and up to date. For purposes of this paragraph, 

items of public record relating to arrests, indictments, convictions, suits, tax liens, and 

outstanding judgments shall be considered up to date if the current public record status of 

the item at the time of the report is reported. 

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II. MONETARY JUDGMENT FOR CIVIL PENALTY 

IT IS FURTHER ORDERED that: 

A. Judgment in the amount of one million dollars ($1,000,000) is entered in favor of the 

Plaintiff against Defendants, jointly and severally, as a civil penalty pursuant to section 621(a) of 

the FCRA, 15 U.S.C. § 1681s(a). 

B. Defendants are ordered to pay to the Plaintiffby making payment to the Treasurer of the 

United States Sixty Thousand Dollars ($60,000). Such payment must be made within seven (7) 

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. 

C. Upon such payment, the remainder of the judgment is suspended, subject to the 

Subsections below. 

D. The Plaintiffs agreement to the suspension of part of the judgment is expressly premised 

upon the truthfulness, accuracy, and completeness of Defendants' sworn financial statements and 

related documents (collectively, "financial representations"), namely: 

1. the financial statement of Corporate Defendant signed by Owner Steve Kaplan on 

August 19, 2013, and attachments; and 

2. the financial statement oflndividual Defendant signed by Steven Kaplan on 

August 15, 2013, and attachments. 

E. The suspension of the judgment will be lifted as to any Defendant if, upon motion by the 

Commission or Plaintiff, the Court finds that Defendant failed to disclose any material asset, 

materially misstated the value of any asset, or made any other material misstatement or omission 

in the financial representations identified above. 

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F. If the suspension of the judgment is lifted, the judgment becomes immediately due as to 

that Defendant in the amount specified above (which the parties stipulate only for purposes of 

this Section represents the amount of the civil penalty for the violations alleged in the 

Complaint), less any payment previously made pursuant to this Section, plus interest computed 

from the date of entry ofthis Order. 

III. ADDITIONAL MONETARY PROVISIONS 

IT IS FURTHER ORDERED that: 

A. Defendants relinquish dominion and all legal and equitable right, title and interest in all 

assets transferred pursuant to this Order and may not seek the return of any assets. 

B. The facts alleged in the Complaint will be taken as true, without further proof, in any 

subsequent civil litigation by or on behalf of the Commission, including in a proceeding to 

enforce its rights to any payment or monetary judgment pursuant to this Order. 

C. Individual Defendant agrees that the judgment represents a civil penalty owed to the 

government of the United States, is not compensation for actual pecuniary loss, and, therefore, as 

to the Individual-Defendant, it is not subject to discharge under the Bankruptcy Code pursuant to 

11 U.S.C. § 523(a)(7). 

IV. NOTICE TO CONSUMERS 

IT IS FURTHER ORDERED that within sixty (60) days of the entry of this Order, for 

each Consumer Report that Defendants furnished to any third party that included the National 

Sex Offender Registry records of more than one individual, Defendants shall notify each 

consumer who was the subject of such Consumer Report. Such notice shall be mailed by 

Defendants to consumers in an envelope upon which a first-class stamp has been applied by 

hand. Defendants shall provide the notice to each such consumer in the form contained in 

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Attachment C of this Order, and send the notice in the envelope form identified in Attachment D 

of this Order. For each mailing returned by the U.S. Postal Service as undeliverable, Defendants 

shall take reasonable steps to obtain a correct address. For each correct address found, 

Defendants shall, within fifteen (15) business days after receiving the corrected address, resend 

the notice to the corrected address. Defendants shall thereafter maintain appropriate staff to 

answer inquiries resulting from the notice, and any requests for reports, disputes, and 

investigations of claims of inaccuracies in reports Defendants provided to employers or other 

third parties. 

V. ORDER ACKNOWLEDGMENTS 

IT IS FURTHER ORDERED that Defendants obtain acknowledgments of receipt of 

this Order: 

A. Each Defendant, within seven (7) days of entry of this Order, niust submit to the 

Commission an acknowledgment of receipt of this Order sworn under penalty of perjury. 

B. For five (5) years after entry of this Order, Individual Defendant, for any business that he 

individually or collectively with any other Defendants, is the majority owner or controls directly 

or indirectly, and Corporate Defendant, must deliver a copy of this Order to: (1) all principals, 

officers, directors, and LLC managers and members; (2) all employees, agents, and 

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

business entity resulting from any change in structure as set forth in the Section titled 

Compliance Reporting. Delivery must occur within seven (7) days of entry of this Order for 

current personnel. For all others, delivery must occur before they assume their responsibilities. 

C. From each individual or entity to which a Defendant delivered a copy of this 

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Order, that Defendant must obtain, within thirty (30) days, a signed and dated acknowledgment 

of receipt ofthis Order. 

VI. COMPLIANCE REPORTING 

IT IS FURTHER ORDERED that Defendants make timely submissions to the 

Commission: 

A. One year after entry of this Order, each Defendant must submit a compliance repott, 

sworn under penalty of perjury. Each Defendant must: (a) identify the primary physical, postal, 

and email address and telephone number, as designated points of contact, which representatives 

of the Commission may use to communicate with Defendant; (b) identify all ofDefendant's 

businesses by all of their names, telephone numbers, and physical, postal, email, and Internet 

addresses; (c) describe the activities of each business, including the products and services 

offered, the means of advertising, marketing, and sales, and the involvement of any other 

Defendant (which Individual Defendant must describe if he knows or should know due to his 

own involvement); (d) describe in detail whether and how Defendant is in compliance with each 

Section of this Order; and (e) provide a copy of each Order Acknowledgment obtained pursuant 

to this Order, unless previously submitted to the Commission. 

B. For 20 years following entry of this Order, each Defendant must submit a compliance 

notice, sworn under penalty of perjury, within 14 days of any change in the following: (a) any 

designated point of contact; or (b) the structure of Corporate Defendant or any entity that any 

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

compliance obligations arising under this Order, including creation, merger, sale, or dissolution 

of the entity or any subsidiary, parent, or affiliate that engages in any acts or practices subject to 

this Order. 

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C. Each Defendant must submit to the Commission notice of the filing of any 

bankruptcy petition, insolvency proceeding, or any similar proceeding by or against such 

Defendant within 14 days of its filing. 

D. Any submission to the Commission required by this Order to be sworn under penalty of 

perjury must be true and accurate and comply with 28 U.S.C. § 1746, such as by concluding: "I 

declare under penalty of perjury under the laws of the United States of America that the 

foregoing is true and correct. Executed on: __ " and supplying the date, signatory's full name, 

title (if applicable), and signature. 

E. Unless otherwise directed by a Commission representative in writing, all submissions to 

the Commission pursuant to this Order must be emailed to DEbrief@ftc.gov or sent by overnight 

courier (not the U.S. Postal Service) to: Associate Director for Enforcement, Bureau of 

Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington, 

DC 20580. The subject line must begin: US v. InfoTrack Information Services, Inc.; and Steve 

Kaplan. (1223092). 

VD. RECORDKEEPING PROVISIONS 

IT IS FURTHER ORDERED that Defendants must create certain records for 20 years 

after entry of the Order, and retain each such record for five (5) years. Specifically, in connection 

with providing Consumer Reports, Corporate Defendant and Individual Defendant, for any 

business in which he is a majority owner or directly or indirectly controls, must maintain the 

following records: 

A. Accounting records showing the revenues from all goods or services sold, all costs 

incurred in generating those revenues, and the resulting net profit or loss; 

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B. Personnel records showing, for each employee: name, addresses, and telephone numbers; 

job title or position; dates of service; and, if applicable, the reason for termination; 

C. Customer files showing the names, addresses, telephone numbers, dollar amounts paid, 

and the quantity and description of goods or services purchased; 

D. Complaints and refund requests, whether received directly or indirectly, such as through a 

third party, and any response; 

E. All employee training materials; 

F. All documents necessary to demonstrate full compliance with each provision of this 

Order, including but not limited to, 

1. all acknowledgments of receipt ofthis Order, required by the Section titled "Order 

Acknowledgments;" 

2. all reports submitted to the FTC pursuant to the Section titled "Compliance 

Reporting;" 

3. documents sufficientto demonstrate Defendants' compliance with Section I(B) 

and I( C) of this Order, including but not limited to: 

i. a copy of each notice provided by Defendant to those who regularly furnish 

information to Defendant with respect to any consumer; 

ii. a copy of each notice provided by Defendant to those to whom a Consumer 

Report is provided by Defendant; and 

iii. the name, address, and telephone number of each person to whom 

Defendant provided a notice described in Subsection F(3)(i) and F(3)(ii). 

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VIII. COMPLIANCE MONITORING 

IT IS FURTHER ORDERED that, for the purpose of monitoring Defendants' 

compliance with this Order: 

A. Within 14 days of receipt of a written request from a representative of the Commission or 

Plaintiff, each Defendant must: submit additional compliance reports or other requested 

information, which must be sworn under penalty of perjury; appear for depositions; and produce 

documents, for inspection and copying. The Commission and Plaintiff are also authorized to 

obtafn discovery, without further leave of court, using any of the procedures prescribed by 

Federal Rules of Civil Procedure 29,30 (including telephonic depositions), 31, 33, 34, 36, 45, and 

69. 

B. For matters concerning this Order, the Commission and Plaintiff are authorized to 

communicate directly with each Defendant. Defendants must permit representatives of the 

Commission and Plaintiff to interview any employee or other person affiliated with any 

Defendant who has agreed to such an interview. The person interviewed may have counsel 

present. 

C. The Commission may use all other lawful means, including posing, through its 

representatives, as consumers, suppliers, or other individuals or entities, to Defendants or any 

individual or entity affiliated with Defendants, without the necessity of identification or prior 

notice. Nothing in this Order limits the Commission's lawful use of compulsory process, 

pursuant to sections 9 and 20 of the FTC Act, 15 U.S.C. §§ 49, 57b-1. 

IX. RETENTION OF JURISDICTION 

IT IS FURTHER ORDERED that this Court retains jurisdiction of this matter for 

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

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X. 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. 

c~ AJ.AIJ 

IT IS so ORDERED thisDday of ~2014. 

1{./ I f,~,t~' ,.EOJ'Il". JOIDj~THARP JR. I 

'\UNITED STt\TES DISTRICT JUDG;JE 

"J "" l 

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FOR THE UNITED STATES OF 

AMERICA: 

STUART F. DELERY 

Assistant Attorney General 

Civil Division 

U.S. DEPARTMENT OF WSTICE 

MAAME EWUSI-MENSAH FRIMPONG 

Deputy Assistant Attorney General 

Civil Division 

MICHAEL S. BLUME 

Director 

Consumer Protection Branch 

ANREWCLARK 

Assistant Director 

Consumer Protection Branch 

ANN ENTWISTLE 

Trial Attorney 

Consumer Protection Branch 

U.S. Department of Justice 

P.O. Box 386 

Washington, D.C. 20044 

PHONE: 202-305-3630 

FAX: 202-514-8742 

Ann.Entwistle@usdoj .gov 

ZACHARY T. PARDON 

United States Attorney 

~D(2~~ DONALD R. LORENZEN 

Assistant United States Attorney 

219 South Dearborn Street 

Chicago, Illinois 60604 

(312) 353-5330 

donald.lorenzen@usdoj .gov 

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FOR THE FEDERAL TRADE COMMISSION: 

MANEESHA MITRAL 

Associate Director 

Division of Privacy and Identity Protection 

~I OBERTSCHOSHINSK ~ 

Assistant Director 

Division of Privacy and Identity Protection 

~~~ Attorney 

Division of Privacy and Identity Protection 

Federal Trade Commission 

601 New Jersey Avenue, NW 

Mail Stop NJ-81 00 

Washington D.C. 20001 

Tel: (202) 326-2203 

Fax: (202) 326-3062 

Email: mclaybaugh@ftc.gov 

tio~ GrAttorney 

Division of Privacy and Identity Protection 

Federal Trade Commission 

601 New Jersey Avenue, NW 

Mail Stop NJ-8100 

Washington D.C. 20001 

Tel: (202) 326-2282 

Fax: (202) 326-3062 

Email; mcox1@ftc.gov 

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Ji'OR THE DJ~FENDANTS: 

~ 

... 

STEVEN -KAP A • 

Individually an as an officer of 

INFOTRAQK lNFORMA TION SERVICES, INC. 

/') - r· -· ( J-::~:J~ ~DEVATA, Counsel for STEVEN KAPLAN and 

INFOTRACK INFORMATION SERVICES, INC. 

Seyfarth Shaw, LLP 

131 South Dearborn Street, Suite 2400 

Chicago, IL 60603 

Counsel for Defendants 

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..... "' 

ATTACHMENT 

.A 
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All rutnishi."I'S orlnlimnution to consumel' reporting ugl."lltil."s must com)tly with all nppllcnblt' 

regulutions. Information 11bout npplic11ble regulations c1arrt>nUy In ~rr~ct cnn be round nt th .. Consumt'r 

Fimmchal Prntecllon Bun'llll's webslt.., Wli'\V,consum ... r!Jnunce.go\'ll£nrnmurt>. 

NOTICE TO FURNISHERS OF INFORMATION: 

OBLIGATIONS OF FURNISHERS UNDER THE FCRA 

'l11c fcdeml Fair Credit Reporting Act (FCRA), IS U.S.C 16Rl-16Rly. imposes 

responsibilities on all persons who t\imish in.tonnntion to consumer reporthtg agencies (CRAs). 

TIHlse responsibilities moe tound in Section623 oftht} FCRA, 15 U.S.C 1681s-2. State law may 

impm;~: additi(mal requir.:ment:. on fumish~:rs. All lurni:.;her:-; ofinl'tmnation to CR.'\s sh()uld 

become tiuniliar with the applicable lnws and may want to consult with their cout1S<ll to ensur<l 

that they arc in compliuncc. The tc"t of the FCRA is nvailablc at the website of the Consumer 

Finattcial Protection Bureau (CFPB): www.consumertinruwe.gov/leartunore. A list of the 

sections ofthe FCRA cross-referenced to the t: .S Code is at the end of this document. 

Section 623 impo&es the following duties upon ii1mi8hers: 

Aceumey Guidl•llncs 

'J1tl.l FCRi\ rctjuit\lS fumish.:rs to I.)Omply with tbdcrul guidelines und rogulution11 d~uling 

with the nccura\:y of infonnation provided to CIV\s by furnisln:rn. Federal regulationN und 

guidelines arc available at www.)O!tsumcrt!naut."C·!.loWiclmuuorq. Section 623(c). 

GrucJ•ol Prohibition on Repo11Jng lnocrurqte JnfQnuotion 

'l111:: FCRI\ prohihits inlilnnation fumishern from providing infonnation to a CIV\ that 

they know or h1we reasonable cause to believe is inaccurate. However, the furnisher is not 

subject ttl this gcnl.lml pmhihitinn if it ulcurly und oonNpiououRiy spcoilic!l an addrl.lsH to which 

coMumers may wl'ite to notity the lhmisher that ce11ain information is inaccurnte. Sections 

623(a)(l )<A> and <n)Cl )(C). 

Duty to COI"l'eet and Update Int'ormntlou 

If uti111Y tlme a p~rson who regulal'ly ru1d in the ordhtnry course ofbtt~ines.~ fi.lntishcs 

intonnation to one or more CRAs detenuines that the infonnation provid!!d i~ not complet<l or 

accurate. the f\u11ishcr must promptly pa·Qvide complete and accurate information to the CRA. In 

addition, the f\u11isher must notify all CRAs that received the intonnution of nny corrl'lctions, and 

must thcrcnfter repot1 only the complete rutd accurate infonnation. Section 62~(a)(2). 
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Duties Afttr Notice of Dispute from Conswner 

If a consumer nolili~s a furnish~r. at an address spccilicd for the fumish.:r for such 

noti~Jcs. that npocific information is inaL'\lUratll. and the infm111ation iN, in t1td, inaccurate, the 

fumisht:r mustthert:all.:noporl the com:cl infonnuti(llllt> CRAR. St:!,ilion623(a){l)(H). 

If a commmcr ll()tifies a fumisher that the cm1.qumcr disputes the oomplotcncsN or 

nccurncy of nny ln.fonnationr<!polted by the fimtisher, the furnisher may not subsequ~:ntly rt:pot1 

that infommtionto a CRA without providing notict: of the dispute. St:ction 623(a)(3 ). 

· Fumishers must comply with t't:demlregulatiotts that identity when an infonnntion 

thmisher must investigate n dispute made directly to the ftultisher by a consumer. LTnder these 

regulations, f\mtishers must complete an Investigation within 30 days (or 45 dnys., ifth¢ 

consmn~·tater provid~s rel~vnnt additional infonnntion) unless the dispute is frivolous or 

iiTclcvnnt or conws from a "cr~dit repair organization." Section 623(11)(8). Fcdcn1l regulations 

nte available at www.oonsum~rtinance.gov/leanunore. Section 623(n)(8) 

Duties After N otkc of Dispute fl'om Consumer Ucportbtg Agency 

If a CRA notifies a tlm1ishcr that n comnunct· disputes the completeness or accurncy of 

inf<lnnation pmvidl.ld hy tho fumishcr. thll fumi~hcr hus a duty to follow ucrtuin prowdurcs. The 

fumishcr must: 

C<lnduot an investigntion nnd review all rdevant infonmtlion provided by the CRA. 

including inlimnnlion giv;:n to th.: CIV\ by the con~umer. Ht:djons 623(h)(1 )(!\) 1111d 

(h)(I)(B). 

Report the rc~;ults to the CIV\ that rolcrrcd llw diHplllll, tUld, iftho invc:-;tigulion 

establishes that the infonnation wns. in .fnct. incomplete ot' inaccurate. report the results to 

all CRA-; to which thll f'umish.:r prcwidcd th.: inf()nnution thntl•ompilc and maintain 111\lH 

on a nationwid.: bltl-liK. Hection Cl23(b)O )(C) and (b){l )(J?). 

Complete the above steps within30 daynl'rom the dnto1 tho1 CRA receives the di:~pulc (or 

4.5 duy~;, irth.: ~:on~;umer lat.:r pmvid.:s relevant additional infonnation to lht: Cl~i\). 

Section 623(b )(2). 

Promptly modify ur de let.: thl.l inl1m11ati<ln. or hlol.lk it:-; reporting. Scgtion 62](b)(l)(f.). 

Duty to Rt•port Volunfarv Clo~ing ofCt-edlt Account~ 

If a consmuer voluntnrily closes n credit account, any person who regularly and in the 

ordinary course of huKincKM rumishcd infimnution to one or more CRAs must report thi~ fact 

when it provides Information to CRAs t'or the time pet·iod in which the account was closed. 

Section 623(a)C4). 
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Duty to Report Dates ofDellnguendes 

If a furnisher reports information concerning a delimtuent account placed for collection, 

charged tn profit o1·loN!I, or su~jc-ct to tUly similur 11otion, the fumish<lr must, within 90 days alter 

reporting th.: infbnmtlion, provide the CRA with the nmnth and the yea1· of the commencement 

of the delinquency that immediately preceded th.: action, so that the ngency will know how long 

to kc..:p the information in the ctmstuner'!! filll. Section 623(a)(5). 

Any person. such as a debt collector, thnt has acquired or is t•esponsible for collecting 

ddinquenl ac.:cmmt~> and that reports information to CRAs may cmnply wilh the requiremenLo; of 

Section 623(a)(S) (tmtil there is a consumer dispute) by reporting the same delinquency date 

previously reported by the creditor. If the creditor did not repoti this date, they m<~y comply with 

the FCRA by eshtblishing r~m;onnble pt·oc~dures to obtnin nnd report delinquency dntes, or, if a 

delinquency date cmu1ot be reasonably obtained, by following reason<~ble procedur~s to ens11re 

that the date rcportcd pl'occdes the date when the account was placed for collection. charged to 

profit or loss, or subjected 1o any similar action. Section 623(!!)(5). 

Duties ofFtnnnclallnstitutlons Wh('n Reporting Ne.g11tlve Information 

Financial institutions thnt tum ish infonuation to "nationwide" consumer rcpo1ting 

agencies. as dclined in Se~:tion (>03(p), must notify consumers in writing if they may fumish nr 

have t\m1ishcd negative infonuation to a CRA. Section 623Cal<7l. The CFPD has proscribed 

model diRclosures, 12 CJIR Part 1 022. t\pp. B. 

Dutil'!! When Fumlshlng Medlcallnfonnntlun 

A furnisher whose primary business is providing medical services, products, or deYic~s 

(and KliCh fumishcr"llugcniH or UIIHigncl!s) ill a mcdiunl inl(mnaliun li.trnilih~r Hlr tlll! purposes or 

th.: rCI~A and must notify all CR:\s to which itr~ports of this f:u:t. Section 623(n)(9). 'l11i8 

notice will ennble CRAs to comply with their duties under Section 604(g) whent'eporting 

medical infimnati<m. 

DutleH When m Thr!l Oct'Uf!! 

All fumishers must have in place reasonable procedures to respond to notif1ca1ions ti·om 

CRAs that infonnntion furnished is the Nsult of identity theft. and to p1·cvcnt refnmishing th-:-

infomullion ill the future, A ful1lisher mav not i\1mish intonnation that a Ct)nsum.;~r has identified 

as resulting fi·om identity theft unless the titmisher subsequently knows or is intbmted by the 

com;umcr that the infimnation is correct. Section 623 (a)(6). If u fumishcr I cams tlmt it has 

fumish.:d inaccurate infonnation due lo identity theft, it must notil'v oaoh CRA orthe ootTect 

info1111ation and must thereafter report only coinplcto and accumtc ·infonnation. Section 

62~(a)(2). When nny li.tmishllr of information is nolili~o:o punmunt to the prm:cdurcs 11ct forth in 

Section 605D that a debt has resulted from identity theft, the furnisher numy not sell, transfer. or 

place for collc.:tion the dcht c:'\ccpt in certain limitl!d circum~tancl!s. Section 615(0. 
Case: 1:14-cv-02054 Document #: 3 Filed: 03/25/14 Page 21 of 34 PageID #:33

ATTACHMENT 

B 
Case: 1:14-cv-02054 Document #: 3 Filed: 03/25/14 Page 22 of 34 PageID #:34

All us~rs of consuml.'J' repoJ•tl> mu~t compl)•wlth nil nppllcnble J'egulotlons. lnlbJ·mntlon about n(lpllcnble 

regulations l'urrently in el'rect ClUJ be lbund nt th~ Cousunw1· .l!'lnnnclnl Protection Bm·enu's website, 

www.~:onsumerllunnct>.go\'(!enrmugrc. 

NOTK'lt TO USERS Ql!' CONSUMltR RKPORTS: 

OJUJGA'fiONS 01•' lJSio:RS l.INJ>I<:R Till~ I•'CRA 

'11Hl Fair Credit Reporting Act (FCRA). 15 ti.S.C. 16K 1-IC>81 y. rcquiNN thalthis noli~.'\: 

be provided to infom1 users of cmmum:r report.~ of their leg;JI uhligutions. State law may 

impos<! ndditional r~quirements. Th<l te).1 oftbe FCRAis set torth in t\111 at th<! CotlSUilter 

Financial Protection Bureau's (CFPB) website at www.consum<!rfinnnce.govlh!!lnltnore. At 

the end ofthis document is n list oft.:nit«! States Code citations tor the FCRA. Other 

intonnationnbout \Jser duties is nlso nvnilable ut the CFPD's wtlbsite. Ust:rs must fonsult tJ1e 

t'Cievant provisions of the FCRA for detnUs n bout their obUgntions muter the FCRA. 

'!11.:: first section of this summary sots forth the responsibilities imposed by the FCRA 

on all u~<::r.; of consumer l'cpm·ts. '!11.: suhscqu.::nt sections tlisctms the duti.:s ofus.:1'N ofr.:port11 

!.hat contain 11pccilic types orinfomnttion, or that arc used for certain purposes, tmd the l.:gal 

conscquonc.::~ of violutim111. If you arc a fumil;her of information to u cummnmr reporting 

ag.:m:y (CI~A).. you have additional ohligalions and will rec.:h·e a separate notiu.: from the 

CRA describing your duties as a t'umisher. 

l. OBLIGATIONS OF ALL llSERS OF CONSUMER REPORTS 

A. t:sm'S Must llan• 11 Pl.'mdssiblc Purnosl.' 

Congt•css has limited tbc usc of consumer reports to protect consumers' privacy. All 

us en; must have u permissible (Htrposc under t.hc FC RA to ohtuin a consumer report. Section 

604 contains u list <lfthc pcm1issihlc purposes under the law. 'l11c11.: nrc: 

As ont.:r~d by a court ur a f.:deral grand jury subpoena. Sllctinn 604(a)( I) 

As instmct<!d by the consumer in writing. S¢ction 604(a)((2) 

For the e:\iension of credit as a result of an application from a .:onsumer, or the 

1'13Vil.'lW or collection of a consumer's account. Section 604(al<3XA> 

For employment pmposcs. including hiring and promotion decisions, where the 

consumer has given written pennis~ion. S.:ction~ 604(a)(3)(B) tmd 604(h) 
Case: 1:14-cv-02054 Document #: 3 Filed: 03/25/14 Page 23 of 34 PageID #:35

For the underwriting of insurance as a result of an application from a consumer . 

. Section 604{a)(3)(C) 

• When there is a legitimate business need, in connection with a business 

transaction that is initiated by the consumer. Section 604(!!)(3)(F){i) 

• To review a consumer's account to determine whether the consumer continues to 

meet the tenns of the account. Section 6Q4(A)C3)<F)(ii) 

To detennine a consumer's eligibility for a license or other benefit granted by a 

governmental instrumentality required by law to consider an applicant's fmancial 

responsibility or status. S!fctiQJ1604(A}(3}(P) . 

• For use by a potential investor or servicer, or current insurer, in a valuation or 

assessment of the credit or prepayment risks associated with an existing credit 

obligation. Section 604{a)(3)(ID 

• For use by state and local officials in connection with the determination of child 

support payments, or modifications and enforcement thereof. Sections 604(D)(4) 

and §04(ll)(5) 

In addition, creditors and insurers may obtain certain consumer re'port information for the 

purpose of making "prescreened'' unsolicited offers of credit or insurance. Section §Q4(q). The 

particular obligations of users of ''prescreened" information are described in Section VII below. 

B. Users Must Provide Certifications 

Section 604(f) prohibits any person from obtaining a consumer report from a consumer 

reporting agency(CRA) unless the person has certified to the CRA the permissible purpose(s) for 

which the report is being obtained and certifies that tbe report will not be used for any other 

purpose. 

C. {fflers Must ,NotifX Cousumen Whep Adverse As:tions Are Taken 

The tenn "advexse action" is defined vezy broadly by Section 603. "Adverse actions" 

include all business, credit, and employment actions affecting consumers that can be considered 

to have a negative impact as defmed by Section 603(k) of the FCRA - such as denying or 

canceling credit or insumnce, or denying employment or promotion. No adverse action occurs in 

a credit transaction where the creditor makes a counteroffer that is accepted by the consumer. 
Case: 1:14-cv-02054 Document #: 3 Filed: 03/25/14 Page 24 of 34 PageID #:36

1. Adverse Actions Based on lnf()rmation Obtained From a CRA 

If a user takes any type of adverse action as defined by the FCRA that is based at least in 

part on information contained in a consumer report, Section615(a) requires the user to notify the 

consumer. The notification may be done in writing, omlly, or by electronic means. It must 

include the following: 

• The name, address, and telephone number of the CRA (including a toll-free 

telephone number, if it is a nationwide CRA) that provided the report. 

A statement that the CRA did not make the adverse decision and is not able to 

explain why the decision was made. 

A statement setting forth the conswner's right to obtain a free disclosure of the 

consumer's file from the CRA if the consumer makes a request within 60 days. 

• A statement setting forth the consumer's right to dispute directly with the CRA the 

accUracy or completeness of any information provided by the CRA. 

2. Adverse Actions Based on Informadon Obtained From Third Parties Who Are 

Not Consumer Reporting Agencies 

If a person denies (or increases the charge for) credit for persona~ family, or household 

purposes based either wholly or partly upon information from a person other than a CRA, and the 

infonnation is the type of consumer information covered by the FCRA, Section 61S(b)(l) 

requires that the user clearly and accurately disclose to the consumer his or her right to be told 

the nature of the information that was relied upon if the consumer makes a written request within 

60 days of notification. The user must provide the disclosure within a reasonable period of time 

following the consumer's written request. 

3. Adverse Actions Based on Information Obtained From AMUates 

If a person takes an adverse action involving insurance, employment, or a credit 

transaction initiated by the consumer, based on information of the type covered by the FCRA, 

and this information was obtained from an entity affiliated with the user ofthe information by 

common ownership or control, Section 615(bX2) requires the user to notify the consumer of the 

adverse action. The notice must inform the consumer that he or she may obtain a disclosure of 

the nature of the information relied upon by making a written request within 60 days of receiving 

the adverse action notice. If the consumer makes such a request, the user must disclose the 

nature of the information not later than 30 days after receivirig the request. If consumer report 

information is shared a.tt:Jong affiliates and then used fur an adverse action, the user must make an 

adverse action disclosure as set forth in LC.l above. 
Case: 1:14-cv-02054 Document #: 3 Filed: 03/25/14 Page 25 of 34 PageID #:37

D. 'L"sers Han Obligations When Fraud and Actin Dutv ::\lillt:m· • .o\J.erts are in Files 

\Vhen a consumer has placed a fraud alert, including one relating to identity theft, or an active 

duty mllitary alert with a nationwide consumer reporting agency as defined in Section 603(p) and 

resellers, Section 605A(h) imposes limitations on users of reports obtained from the. consumer reporting 

agency in certain circumstances, including the establishment of anew credit plan and the issuan~ of 

additional credit cards. For initial fraud alerts and acti<re duty ruerts, the user must have reasonable 

policies and procedures in place to form a belief that the user kno\VS the identity of the applicant or 

contact the consumer at a telephone number specified by the consumer; in the case of extended :fraud 

alerts, the user must contact the consumer in accordance \\1th the contact information prm1ded in the 

consumer's alert. 

E. t' sers HaYe Obligations When Notified of an Address DiscrepancY 

Section 605(h) requlres nationwide CRAs, as defined in Section 603(p), to notifY users that 

reque.st reports when the address for a consumer provided by the user in requesting the report is 

substantially different from the addresses in the consumer's £1e. 'Vhen this occw-s, users must comply 

\Vith regulations specifying the procedures to befollmved. Federal regulations are available at 

\V\\'W.consumerfinance.gov.llearnmore. 

F. t-sers Have Obligations When Disposing of Records 

Section 628 requlres that all users of consumer report information have in place procedures to 

properly dispose of records containing this information. Federal regulations have been issued that cover 

disposal. 

II. CREDITORS 1\UTST MAKE ADDITIONAL DISCLOSL"RES 

If a person uses a consumer report in conn~tion with i.'U1 application for, or a grant, extension, or 

. provision of, credit to a consumer on material tenns that are materially less favorable than the most 

favorable terms available to a substantial proportion of consumers from or through that person, based in 

whole or in part on a consumer report, the person must provide a risk-based pricing notice to the. 

consumer in accordance with re.gulations prescnbed by the CFPB. 

Section 609(g) requlres a disclosure by all persons that make or arrange loans secured by 

residential real property (one to fow- units) and that use credit scores. These persons must 
Case: 1:14-cv-02054 Document #: 3 Filed: 03/25/14 Page 26 of 34 PageID #:38

provide credit scores and other information about credit scores to applicants, including the 

disclosure set forth in Section 609(g){l)(D) (''Notice to the Home Loan Applicant"). 

III. OBLIGATIONS OF USERS WHEN CONSUMER REPORTS ARE OBT AlNED FOR 

EMPLOYMENT PURPOSES 

A. Employment Otber Than in the Ttuddnl Industry 

If information ftom a CRA is used for employment purposes, the user has specific duties, 

which are set forth in Section 604(b) of the FCRA. The user must: 

• Make a clear and conspicuous written disclosure to the consumer before the report 

is obtained, in a document that consists solely of the disclosure, that a consumer 

report may be obtained. 

• Obtain ftom the consumer prior written authorization. Authorization to access 

reports during the tenn of employment may be obtained at the time of 

employment. 

• Certify to the CRA that the above steps have been followed, that the information 

being obtained wiJI not be used in violation of any federa.l or state equal 

opportunity law or regulation. and that, if any adverse action is to be taken based 

on the consumer report, a copy of the report and a summary of the consumer's 

rights will be provided to the conswner. 

" Before taldng an adverse action, the user must provide a copy of the report to the 

consumer as well as the summary of consumer's rights. (The user should receive 

this $UJI1J113IY from the CRA.) A Section 615{a) adverse action notice should be 

sent after the adverse action is taken. 

An adverse action notice also is required in employment situations if credit information 

(other than transactions and experience data) obtained from an affiliate is used to deny 

employment. Spction 615(b.)(Z) 

The procedures for investigative consumer reports and employee lnisconduct 

investigations are set forth below. 

B. Employment in the Trncklne lndustr:y 

Special rules apply for truck drivers where the only interaction between the consumer and 

the potential employer is by mail, telephone, or computer. In this case, the consumer may 

provide consent orally or electronically, and an adverse action may be made orally, in writing, or 

electronically. The consumer may obtain a copy of any report relied upon by the trucking 
Case: 1:14-cv-02054 Document #: 3 Filed: 03/25/14 Page 27 of 34 PageID #:39

company by contacting the company. 

IV. OBLIGATIONS WHEN INVESTIGATIVE CONSUMER REPORTS ARE USED 

Investigative consumer reports are a special type of consumer report in which information 

about a consumer's character, general reputation, personal characteristics, and mode of living is 

obtained through personal interviews by an entity or petSon that is a consumer reporting agency. 

Consumers who are the subjects of such reports are given special rights under the FCRA. If a 

user intends to obtain an investigative consumer report, Section 606 requires the fOllowing: 

The user must disclose to the conswner that an investigative consumer report may 

be obtained. This must be done in a written disclosure that is mailed, or otherwise 

delivered, to the consumer at some time before or not later than three days after 

the date on which the report was first requested. The disclosure must include a 

statement informing the consumer of his or her right to request additional 

disclosures of the nature and scope of the investigation as described below, and 

the summary of consumer rights required by Section 609 of the FCRA. (The 

summary of consumer rights will be provided by the CRA that conducts the 

investigation.) 

• The user must certify to the CRA that the disclosures set forth above have been 

made and that the user will make the disclosure described below. 

• Upon the written request of a consumer made within a reasonable period oftime 

after the disclosures required above, the user must make a complete disclosure of 

the nature and scope of the investigation. This must be made in a written 

statement that is mailed, or otherwise delivered, to the consumer no later than five 

days after the date on which the request was received from the conslllller or the 

report was first requested, whichever is later in time. 

V. SPECIAL PROCEDURES FOR £MPLOYEE INVESTIGATIONS 

Section 603(x) provides special procedures for investigations of sllspected misconduct by 

an employee or for compliance with Federal, state or looallaws and regulations or the rules of a 

self-regulatory organization, and compliance with written policies of the employer. These 

investigations are not treated as consumer reports so long as the employer or its agent complies 

with the procedures set forth in Section 603(x), and a summary describing the nature and scope 

of the inquiry is made to the employee if an adverse action is taken based on the investigation. 

VI. OBLIGATIONS OF USERS OF MEDICAL INFORMATION 

Section 604(g) limits the use of medical information obtained from consumer reporting 

agencies (other than payment infonnation that appears in a coded form that does not identify the 
Case: 1:14-cv-02054 Document #: 3 Filed: 03/25/14 Page 28 of 34 PageID #:40

medical provider). If the infonnation is to be used for an insut'a&lCC trru1saction. the consumer must 

give conscntlo the user of the report or the inl'onmttion must be ooded. lflhc Nport is to be used 

for cmploymclll purposes or in connection with u l.lrcdittransuoliun (except as provided in 

foderal regulations) the curummcr must provide spl!eilic written consent and tho medical 

infl'Ollntitln must be rd.::vtmt. Any user who r\locivcfl medical inf(mnation shall nut disdo:;c the 

informatitm to any oth"r person (ex~-ept wh.,re n.:c.:~;sary to carry out th.: purpose for which th.: 

intlmnation was disclosed, or M pennitted by st~tute, regulation, or order). 

VII. OBLIGATIONS OF USERS OF "PRESCREENED" LISTS 

TI1e FCRA pennits creditors and insurers to obtnin limited com:umer report infonnation tor 

usc in comwction with unsolicited offot-s of ci'Cdit or insurance under certain circtnnstanccs. 

S..:lltion~ 6030 ). 604(y). 604(u). and 6!5(d). 'l11is pntotic.: is known us "pN~crccning·· und 

typically involves obtaining lhnn a CRA a li~t <>l'cml!lltmct·s who meet ocrtuin prcc:;tablishcd 

ctitcriu. If m1y person intend~ lt) u:;c pnlscrccncd list.~, thai pcrHon must ( l) hcfbrc the <liTcr iz; 

mudo, C$tahlil;h th(1 criteria thnt will ho 1\llicd upontu make tho on~r ruJ<.Itu grunt credit or 

inNuram;e, and (2) maintain such crit.:riu on fil.: for a thr.:c-ycar p.:riod beginning on the dah:: on 

which the ofler is made to ench commmer. In addition, nny user must provide with each written 

solicitation n clenr and conspicuous statement that: 

lnfonnation contained inn con.~umer's CRA fi!d was used in connection with the 

transaction. 

'J11e consumer rccci wd the ofl'cr because h\l or sh.: sntisficd the erill.'l'ia Jbr cNdi t 

worthinesK or insurnbility liKed to :.:t.TCen fur the otTer. 

Credit or insurnncc may not be cxh:ndcd iC allcr tho consumer responds. it iK 

dete1111ined that th.: commm.:r dues not. meet th.: criteria lL~ed f[}r :;cr.:ening or :my 

npplicable criteria bearing on credit worthiness or insurability, or the consumer does 

not ti1mlsh required collnternl. 

TI1e consunwr may prohibit the use of infbnuation in his or her file in connection 

with ti•ture- pres~reened offers of credit or insm·ance by contacting the notification 

syst~m cstablishod by th¢ CRA that provid~d th~ 1\)port. The statement must 

inolude the addr..:ss and toll-frllc telephone number ol' the uppropriato notification 

system. 

In addition, the CFI'B ha11 cstuhlished the l<>nnat. typ.:sizo, and mtlllll\lr of the disclowur\l 

required hy Section 615(d), with which us.:n; mu11l comply. ·nn~ relevunl r.:guhttion iN 12 CFR 

1022.54. 
Case: 1:14-cv-02054 Document #: 3 Filed: 03/25/14 Page 29 of 34 PageID #:41

VIII. OBLIGATIONS OF RESELLERS 

A. Disclosure apd <;e[tifleatioo Requirements 

Section 607(e) requires any person who obtains a consumer report for resale to take the 

following steps: 

• Disclose the identity of the end-user to the source CRA. 

Identity to the so\U'ce CRA each permissible purpose for which the report will be 

furnished to the end-user. 

• Establish and follow reasonable proced~ImJ to ensure that reports are resold only 

for permissible purposes. including procedures to obtain: 

( 1) the identity of all end-users; 

(2) certifications from all users of each pwpose for which reports will be used; 

and 

(3) certifications that reports will not be used for any purpose other than the 

purpose(s) specified to the reseller. Resellers must make reasonable efforts to 

verity this information before selling the report. 

B. Beinyestf&ations b.y Besellers 

Under Section 611 ( t). if a consumer disputes the accuracy or completeness of 

information in a report prepared by a reseller, the resellCJ" must determine whether tWs is a 

result of an action or omission on its part and, if so, correct or delete the information. If not, 

the reseller must send the dispute to the source CRA for reinvestigation. When any CRA 

notifies the reseller of the results of an investigation, the reseller must immediately convey 

the information to the consumer. 

C. Fraud Alerts and ReseUen 

Section 605A(f) requires resellers who receive fraud alerts or active duty alerts from 

another consumer reporting agency to include these in their reports. 

IX. LIABILITY FOR VIOLATIONS OF THE FCRA 

Failure to comply with the FCRA can result in state government or federal 

government enforcement actions, as well as private lawsuits. Sections 616. 617. and 621. In 

addition, any person who knowingly and willfully obtains a consumer report under false 

pretenses may face criminal prosecution. Sectipn 619 . 

.. 

The CFPB's website, www.consumerfinance.gov/learnmore, has more information 

about the FCRA, including publications for businesses and the full text of the FCRA. 
Citations for FCR.\. sections in the r.s. 15 CS.C. § 1681 et seq.: Section 60:! 15 'L.S.C. 1681 Section 615 15 'L.S.C. 1681m Section 603 · 15 CS.C. 16Sla Section 616 15 LS.C. 1681n Section 604 15 'L.S.C. 16S1b Section 617 15l:'.S.C. 1681o Section 605 151:.S.C. 1681c Section 618 15 'C'.S.C 1681p Section 605A 15 L.S.C. 16S1cA. Section 619 15 'C'.S.C. 1681q Section 605B 15 CS.C. 1681cB · Section 620 15 L.S.C. 1681r Section 606 15 'C'.S.C. 16S1d Section 6::!1 15 CS.C'. 16Sls Section 607 15 'C'.S.C. 16Sle Section 622 15 'C'.S.C. 1681s-1 Section 60S 15 L.S.C. 1681f Section 623 15 'C'.S.C. 168ls-:! Section 609 15 'C'.S.C. 1681g Section 624 151:.S.C. 16Slt Section 610 15 L.S.C. 16Slh Section 625 151:.S.C. 1681u Section 611 15 CS.C. 1681i Section 626 151:.S.C. 1681v Section 612 15 'C'.S.C. 16S1j Section 627 1 CS.C 1681w Section 613 15 L.S.C. 16S1k Section 628 · 1 CS.C. 1681x Section 614 15 L.S.C. 16811 Section 629 1 L.S.C 1681y 
Case: 1:14-cv-02054 Document #: 3 Filed: 03/25/14 Page 31 of 34 PageID #:43

ATTACHMENT 

c. 
Case: 1:14-cv-02054 Document #: 3 Filed: 03/25/14 Page 32 of 34 PageID #:44

[InfoTrack's Return Address] 

[Date] 

Dear [name of consumer], 

Our company, Info Track Information Services, provides background screening reports about 

people who apply for jobs by conducting specific searches requested by employers. Between 

[date] and [date], we sold a report about you to an employer who requested information about 

you. In that report, we included photos of people with your same name who were on a state Sex 

Offender Registry. 

The Federal Trade Commission (FTC), the nation's consumer protection agency, has sued us for 

violating the Fair Credit Reporting Act. According to the FTC, we didn't have reasonable 

procedures in place to assure we gave employers accurate information when we provided a 

report about you that included photos of people with your same name. 

As part of the settlement in that case, we have agreed to contact you about what we did. We 

have attached an explanation of your rights under the Fair Credit Reporting Act. 

At your request, we can provide the name of the employer who requested the report about you. 

We can also search the national sex offender databases for you and, to the extent there are any 

entries about you, send you a free report. If any information in the report is wrong, you have a 

right to dispute that with us. To request information: 

• Call us at [number]; 

• Email us at [address]; or· 

• Write us at [address] 

If you order a report, once you receive it from us in the mail, please read it carefully. Ifthere is 

anything in it you think is wrong, contact us, provide any supporting documents, and we will 

investigate. 

If you have questions, please call us at [number]. To find out more about the FTC's case against 

us, please call the FTC at (202) 326-3264. 

Steven Kaplan 

President 

InfoTrack Information Services, Inc. 
Case: 1:14-cv-02054 Document #: 3 Filed: 03/25/14 Page 33 of 34 PageID #:45

ATTACHMENT 

D 
-------------------

-------------------------------

Infotrack, Inc. 

(Return Address] 

Important Employment Screening Notice 

[14 pt. bold type] 

Cathy Consumer 

123 Main Street 

Anytown, Anystate, 00000 

Handapplied 

first -class 

postage 

stamp