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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 1:23-cv-2659

FEDERAL TRADE COMMISSION, and

CONSUMER FINANCIAL PROTECTION BUREAU,

Plaintiffs,

v.

TRANSUNION RENTAL SCREENING SOLUTIONS, INC., a Delaware corporation, and

TRANS UNION LLC, a Delaware limited liability company,

Defendants.

STIPULATED ORDER FOR PERMANENT INJUNCTION, 

MONETARY JUDGMENT, CIVIL PENALTY JUDGMENT, AND OTHER RELIEF

The Federal Trade Commission (“FTC”) and Consumer Financial Protection Bureau 

(“Bureau”) (collectively, “Plaintiffs”) filed their Complaint for permanent injunctive relief, 

monetary relief, a civil penalty, and other relief in this matter, pursuant to Section 13(b) of the 

Federal Trade Commission Act (“FTC Act”), 15 U.S.C. § 53(b); Section 621(a)-(b) of the Fair 

Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681s(a)(1), (b)(1)(H); and Sections 1054(a) and 

1055 of the Consumer Financial Protection Act of 2010 (“CFPA”), 12 U.S.C. §§ 5564(a) and 

5565. Defendants have waived service of the summons and the Complaint. Plaintiffs and 

Defendants stipulate to the entry of this Stipulated Order for Permanent Injunction, Monetary 

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Judgment, Civil Penalty Judgment, and Other Relief (“Order”) to resolve all matters in dispute in 

this action between them.

THEREFORE, IT IS ORDERED as follows:

FINDINGS

1. This Court has jurisdiction over the parties and the subject matter in this action.

2. The Complaint charges that Defendants violated the FCRA, 15 U.S.C. §§ 1681-1681x, in 

the sale of Consumer Reports by TransUnion Rental Screening Solutions, Inc.

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 to the facts 

necessary to establish jurisdiction over them and the subject matter of this action.

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 fees.

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

validity of this Order.

6. Defendants and the Bureau waive all rights to appeal or otherwise challenge or contest 

the validity of this Order. Defendants do not intend to waive, and thus expressly reserve, their 

ability to assert that the Bureau’s funding mechanism violates the Appropriations Clause in any 

other proceeding brought against them by the Bureau, such as in Consumer Financial Protection 

Bureau v. TransUnion, et al., No. 1:22-cv-1880 (N.D. Ill.), but Defendants will not claim that 

this Order is invalid. 

7. The parties agree that this Order resolves all allegations in the Complaint.

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DEFINITIONS

For the purpose of this Order, the following definitions apply:

A. “Adverse Action” means:

1. A denial or cancellation of, an increase in any charge for, or a reduction or other 

adverse or unfavorable change in the terms of coverage or amount of, any 

insurance, existing or applied for, in connection with the underwriting of 

insurance;

2. A denial of employment or any other decision for employment purposes that 

adversely affects any current or prospective employee; 

3. A denial or cancellation of, an increase in any charge for, or any other adverse or 

unfavorable change in the terms of, a license or other benefit granted by a 

governmental instrumentality required by law to consider an applicant’s financial 

responsibility or status; or 

4. An action taken or determination that is:

a) made in connection with an application that was made by, or a transaction 

that was initiated by, any consumer, or in connection with a review of an 

account to determine whether the consumer continues to meet the terms of 

the account; and

b) adverse to the interests of the consumer.

B. “Affected Consumers” includes:

1. Each consumer who, between December 1, 2015 and the date of entry of this 

Order, disputed a record with Defendants, either directly or through a reseller, which resulted in 

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a change related to an Eviction Proceeding Record that the Defendants associate with such 

consumer, and where the dispute concerned the disposition or outcome of an Eviction 

Proceeding, a “judgment amount” associated with an Eviction Proceeding, or the reporting of a 

Sealed Record from an Eviction Proceeding.

2. Each consumer for whom the following conditions are met:

a) Defendants issued a recommendation between September 1, 2016 and the 

date of entry of this Order that the consumer’s application for housing be 

denied based on an Eviction Proceeding Record that the Defendants 

associated with such consumer and the criteria associated with the 

customer receiving the recommendation, and 

b) Defendants associated an Eviction Proceeding Record with the consumer 

that did not have an associated final outcome.

C. “Background Screening Report” means a Consumer Report provided for employment 

or rental background screening purposes that incorporates or includes either an Eviction 

Proceeding Record or criminal record information or otherwise reflects a search for Eviction 

Proceeding Records or criminal record information, including when provided to a reseller.

D. “Bureau Enforcement Director” means the Assistant Director of the Office of 

Enforcement for the Bureau, or his or her delegate.

E. “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 

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which is used or expected to be used or collected in whole or in part for the purpose of serving as 

a factor in establishing the consumer’s eligibility for any of the following purposes: 

1. Credit or insurance to be used primarily for personal, family, or household 

purposes; 

2. Employment purposes; 

3. By a person which the Consumer Reporting Agency has reason to believe: 

a) intends to use the information for employment purposes, 

b) intends to use the information in connection with a determination of the 

consumer’s eligibility for a license or other benefit granted by a 

governmental instrumentality required by law to consider an applicant’s 

financial responsibility or status, or 

c) otherwise has a legitimate business need for the information (i) in 

connection with a business transaction that is initiated by the consumer, or 

(ii) to review an account to determine whether the consumer continues to 

meet the terms of the account; or 

4. Any purpose authorized by 15 U.S.C. § 1681b. 

F. “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.

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G. “Consumer’s File” means, when used in connection with information concerning any 

consumer, all of the information on that consumer recorded and retained by a Consumer 

Reporting Agency regardless of how the information is stored. 

H. “Defendants” means Trans Union LLC, a Delaware limited liability company, and 

TransUnion Rental Screening Solutions, Inc., a Delaware corporation, which is a subsidiary of 

Trans Union LLC as of the date of entry of this Order, individually, collectively, or in any 

combination, and their successors and assigns.

I. “Eviction Proceeding” means any legal proceeding concerning a consumer’s habitation 

in, occupation of, or possession of land or real property and, where applicable, related monetary 

claims, including for rent or damages, such as eviction or forcible entry and detainer proceedings 

and any other proceedings reported in the same category as eviction or forcible entry and 

detainer proceedings. This term does not include mortgage-related proceedings against 

mortgagors that relate solely to mortgage payments and do not relate to the mortgagor’s 

habitation, occupation, or use of the property. 

J. “Eviction Proceeding Record” means any record associated with an Eviction 

Proceeding.

K. “Frequency Report” means a report showing the frequency with which Eviction 

Proceeding Records are updated.

L. “Investigative Consumer Report” means a Consumer Report or portion thereof in 

which information on a consumer’s character, general reputation, personal characteristics, or 

mode of living is obtained through personal interviews with neighbors, friends, or associates of 

the consumer reported on or with others with whom he is acquainted or who may have 

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knowledge concerning any such items of information. However, such information shall not 

include specific factual information on a consumer’s credit record obtained directly from a 

creditor of the consumer or from a Consumer Reporting Agency when such information was 

obtained directly from a creditor of the consumer or from the consumer.

M. “Related Consumer Action” means a private action by or on behalf of one or more 

consumers or an enforcement action by another governmental agency brought against either or 

both Defendants based on substantially the same facts as described in the Complaint. 

N. “Sealed Record” means a record that has been sealed, expunged, or similarly excluded 

from the public record.

ORDER

I. PROHIBITED BUSINESS ACTIVITIES

IT IS ORDERED that Defendants and their officers, agents, employees, and attorneys, 

and all other persons in active concert or participation with any of them, who receive actual 

notice of this Order, whether acting directly or indirectly, in connection with the provision of 

Background Screening Reports are hereby permanently restrained and enjoined from: 

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

information concerning the individual about whom a Background Screening Report relates, 

including reasonable procedures designed to:

1. Prevent the inclusion of multiple filings for the same Eviction Proceeding;

2. Accurately reflect dispositions of Eviction Proceedings;

3. Label data fields to describe accurately the contents of the data field; and

4. Ensure that Sealed Records are not included in Background Screening Reports; 

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B. Failing to, upon a consumer’s request for such Consumer’s File, clearly and accurately 

disclose to the consumer all sources of all information in the Consumer’s File, including but not 

limited to any vendors or other third parties from which Defendants directly acquire criminal 

record or Eviction Proceeding Record information in the Consumer’s File; except that the 

sources of information acquired solely for use in preparing an Investigative Consumer Report 

and actually used for no other purpose need not be disclosed; 

II. AFFIRMATIVE REQUIREMENTS

IT IS FURTHER ORDERED that Defendants must, in connection with the provision of 

Background Screening Reports:

A. Develop, implement, and follow written procedures reasonably designed to prevent the 

inclusion in Background Screening Reports of any of the following: (1) any Sealed Record, (2) 

any Eviction Proceeding Record that does not have a final outcome, (3) multiple filings for any 

Eviction Proceeding, (4) any filing for an Eviction Proceeding other than the most recent filing 

evidencing the outcome or superseding post-judgment filing, such as satisfaction or release of a 

final judgment, or (5) any monetary amount associated with an Eviction Proceeding Record other 

than a final judgment amount or an amount reflecting full or partial satisfaction of such 

judgment, provided that Defendants must disclose to customers that any amount reported may 

include attorney or court fees or costs. Defendants also must monitor the effectiveness of the 

procedures, take corrective action to address identified issues, and retain records sufficient to 

demonstrate the implementation of this provision;

B. Maintain a program to regularly monitor consumer dispute data relating to criminal 

records and Eviction Proceeding Records and to take corrective action internally or with public 

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records providers, including but not limited to vendors or other third parties from which 

Defendants directly acquire criminal record or Eviction Proceeding Record information, that 

includes root cause analysis of aggregated issues, and retain records sufficient to demonstrate the 

program, the issues identified, and the corrective action taken;

C. Maintain a committee, comprised of individuals responsible for: (1) the execution of 

Defendants’ compliance with the FCRA with respect to the provision of Background Screening 

Reports; and (2) overseeing Defendants’ compliance with this Order and the programs required 

by this Section. The committee must: (1) meet at least quarterly, (2) retain records sufficient to 

demonstrate the work of the committee, including minutes and materials from each meeting, and 

(3) regularly report on its work and Defendants’ compliance with the FCRA with respect to the 

provision of Background Screening Reports and this Order to the Board of Directors or a 

committee of the Board of Directors of the ultimate parent entity that controls Defendants (which 

as of the date of entry of this Order, is the publicly-traded company TransUnion); and

D. Retain all Frequency Reports created by any Defendant, if any, and received from 

Eviction Proceeding Record providers.

III. CONSUMER’S FILE DISCLOSURES

IT IS FURTHER ORDERED that Defendant TransUnion Rental Screening Solutions, 

Inc. must provide to any consumer, upon request and at no charge, all information in that 

Consumer’s File at the time of the request, including but not limited to all information that 

Defendant TransUnion Rental Screening Solutions, Inc. might provide to a customer or end user.

IV. ADVERSE ACTION TEMPLATE

IT IS FURTHER ORDERED that Defendant TransUnion Rental Screening Solutions, 

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Inc. must make available to its customers and other end users of its Consumer Reports provided 

for rental background screening purposes a template for written Adverse Action notices

consistent with the requirements of 15 U.S.C § 1681m. In addition, the template must also

prompt the customer or end user to attach a copy of the Consumer Report and state the principal 

reason(s) for the Adverse Action. Defendant TransUnion Rental Screening Solutions, Inc. must 

make the template publicly available, including on its websites in close proximity to information 

about its provision of Consumer Reports provided for rental background screening purposes. 

V. ORDER TO PAY REDRESS

IT IS FURTHER ORDERED that:

A. Within 10 days of entry of this Order, Defendants must reserve or deposit into a 

segregated deposit account Eleven Million Dollars ($11,000,000) for the purpose of providing 

redress to Affected Consumers as required by this Section.

B. Within 60 days of entry of this Order, Defendants must submit to the Bureau 

Enforcement Director for review and non-objection a comprehensive written plan for providing 

redress consistent with this Order (“Redress Plan”). The Bureau Enforcement Director will have 

the discretion to make a determination of non-objection to the Redress Plan or direct the 

Defendants to revise it. Each time the Bureau Enforcement Director directs the Defendants to 

revise the Redress Plan, the Defendants must revise and resubmit the Redress Plan to the Bureau 

Enforcement Director within 15 days. After receiving notification that the Bureau Enforcement 

Director has made a determination of non-objection to the Redress Plan, the Defendants must 

implement and adhere to the steps, recommendations, deadlines, and timeframes outlined in the 

Redress Plan.

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C. The Redress Plan must:

1. Specify the methodology that Defendants are using to identify Affected 

Consumers and state the number of Affected Consumers;

2. Require Defendants to compensate by check each Affected Consumer on a pro 

rata basis;

3. Identify the amount of redress to be provided to each Affected Consumer;

4. Describe the processes for issuing, delivering, and tracking payments to all 

Affected Consumers, including the processes for handling any unclaimed funds;

5. Specify the methodology Defendants will use to identify the mailing address for 

each Affected Consumer, which must include reasonable efforts to identify 

current mailing addresses, including and in addition to the U.S. Postal Service 

National Change of Address database;

6. Provide that Defendants will send each Affected Consumer an explanatory letter 

that includes a statement that redress is being provided in accordance with the 

terms of this Order and states why the Affected Consumer is receiving the redress, 

as well as how the consumer can request a free copy of a Consumer Report for 

such consumer (“Redress Notification Letter”);

7. Provide that Defendants shall not include in any envelope containing a Redress 

Notification Letter any materials other than the Redress Notification Letter and a 

payment to the Affected Consumer, unless Defendants have written confirmation 

from the Bureau that the Bureau does not object to the inclusion of additional 

materials;

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8. Provide that if an initial mailing attempt fails, Defendants shall conduct further 

research to identify the Affected Consumer’s current mailing address and make at 

least one further mailing attempt;

9. Provide an exemplar of the Redress Notification Letter and envelope; 

10. Describe timeframes and deadlines for implementing the Redress Plan, including 

the period during which redress checks will remain valid and available to 

negotiate;

11. State that Defendants will pay all costs of administering redress required by this 

Order; and

12. Describe all reporting that Defendants will provide to the Bureau and FTC 

concerning the Defendants’ provision of redress.

D. After completing the Redress Plan, if the amount of redress provided to Affected 

Consumers is less than Eleven Million Dollars ($11,000,000), within 30 days of the completion 

of the Redress Plan, Defendants must pay to the Bureau, by wire transfer to the Bureau or to the 

Bureau’s agent, and according to the Bureau’s wiring instructions, the difference between the 

amount of redress provided to Affected Consumers and Eleven Million Dollars ($11,000,000).

E. The Bureau may use these remaining funds to pay additional redress to Affected 

Consumers. If the Bureau determines, in its sole discretion, that additional redress to Affected 

Consumers is wholly or partially impracticable or otherwise inappropriate, or if funds remain 

after the additional redress is completed, the Bureau will deposit any remaining funds in the U.S. 

Treasury. Defendants will have no right to challenge any actions that the Bureau or its 

representatives may take under this section.

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F. Defendants may not condition the payment of any redress to any Affected Consumer 

under this Order on that Affected Consumer waiving any right.

VI. ORDER TO PAY CIVIL MONEY PENALTY

IT IS FURTHER ORDERED that:

A. Under Section 1055(c) of the CFPA, 12 U.S.C. § 5565(c), by reason of the violations of 

law alleged in the Complaint, Defendants must pay a civil money penalty of Four Million 

Dollars ($4,000,000) to the Bureau.

B. Within 10 days of entry of this Order, Defendants must pay the civil money penalty by 

wire transfer to the Bureau or to the Bureau’s agent in compliance with the Bureau’s wiring 

instructions.

C. The civil money penalty paid under this Order will be deposited in the Civil Penalty Fund 

of the Bureau as required by Section 1017(d) of the CFPA, 12 U.S.C. § 5497(d).

D. Defendants must treat the civil money penalty paid under this Order as a penalty paid to 

the government for all purposes. Regardless of how the Bureau ultimately uses those funds, 

Defendants may not:

1. Claim, assert, or apply for a tax deduction, tax credit, or any other tax benefit for 

any civil money penalty paid under this Order; or

2. Seek or accept, directly or indirectly, reimbursement or indemnification from any 

source, including but not limited to payment made under any insurance policy, 

with regard to any civil money penalty paid under this Order.

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VII. ADDITIONAL MONETARY PROVISIONS

IT IS FURTHER ORDERED that:

A. In the event of any default on Defendants’ obligations to make payment under this Order, 

interest, computed under 28 U.S.C. § 1961, as amended, will accrue on any outstanding amounts 

not paid from the date of default to the date of payment, and will immediately become due and 

payable.

B. Defendants relinquish all dominion, control, and title to the funds paid under this Order to 

the fullest extent permitted by law and no part of the funds may be returned to Defendants.

C. The facts alleged in the Complaint will be taken as true and be given collateral estoppel 

effect, without further proof, in any proceeding based on the entry of this Order, or in any 

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

enforce the Bureau’s rights to any payment or monetary judgment under this Order, such as a 

nondischargeability complaint in any bankruptcy case.

D. The facts alleged in the Complaint establish all elements necessary to sustain an action by 

the Bureau under Section 523(a)(2)(A) of the Bankruptcy Code, 11 U.S.C. § 523(a)(2)(A), and 

for such purposes this Order will have collateral estoppel effect against each Defendant, even in 

such Defendant’s capacity as debtor-in-possession.

E. Defendants acknowledge that their Taxpayer Identification Numbers (Social Security 

Numbers or Employer Identification Numbers), which Defendants previously submitted to the 

FTC and Bureau, may be used for collecting and reporting on any delinquent amount arising out 

of this Order, in accordance with 31 U.S.C. § 7701.

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F. Within 30 days of the entry of a final judgment, order, or settlement in a Related 

Consumer Action, the affected Defendant must notify the Bureau of the final judgment, order, or 

settlement in writing. That notification must indicate the amount of redress, if any, that such 

Defendant paid or is required to pay to consumers and describe the consumers or classes of 

consumers to whom that redress has been or will be paid. To preserve the deterrent effect of the 

civil money penalty in any Related Consumer Action, Defendants may not argue that any 

Defendant is entitled to, nor may any Defendant benefit by, any offset or reduction of any 

monetary remedies imposed in the Related Consumer Action because of the civil money penalty 

paid in this action or because of any payment that the Bureau makes from the Civil Penalty Fund. 

If the court in any Related Consumer Action offsets or otherwise reduces the amount of 

compensatory monetary remedies imposed against a Defendant based on the civil money penalty 

paid in this action or based on any payment that the Bureau makes from the Civil Penalty Fund, 

that Defendant must, within 30 days after entry of a final order granting such offset or reduction, 

notify the Bureau and pay the amount of the offset or reduction to the U.S. Treasury. Such a 

payment will not be considered an additional civil money penalty and will not change the 

amount of the civil money penalty imposed in this action.

VIII. COOPERATION

IT IS FURTHER ORDERED that Defendants must cooperate fully to help the Bureau 

determine the identity and location of, and the amount of injury sustained by, each Affected 

Consumer. Defendants must provide such information in their or their agents’ possession or 

control within 14 days of receiving a written request from the Bureau.

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IX. ORDER ACKNOWLEDGMENTS

IT IS FURTHER ORDERED that Defendants obtain acknowledgments of receipt of this 

Order: 

A. Each Defendant, within 7 days of entry of this Order, must submit to the FTC and Bureau 

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

B. For 5 years after entry of this Order, each Defendant must deliver a copy of this Order to: 

(1) all principals, officers, directors, and LLC managers and members; (2) all business leaders 

and senior managers who have responsibilities related to the subject matter of the Order; (3) any 

service providers who have responsibilities related to the subject matter of the Order; and (4) any 

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

“Compliance Reporting.” Delivery must occur within 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 Order, that 

Defendant must obtain, within 30 days, a signed and dated acknowledgment of receipt of this 

Order. 

X. COMPLIANCE REPORTING

IT IS FURTHER ORDERED that Defendants make timely submissions to the FTC and 

Bureau: 

A. Within 7 days of the entry of this Order: 

1. Defendant Trans Union LLC must, sworn under penalty of perjury: (1) identify 

the primary physical, postal, and email address and telephone number, as 

designated points of contact, which representatives of the Bureau or FTC may use 

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to communicate with that Defendant; (2) identify all of Defendant Trans Union 

LLC’s businesses involved in providing legal or compliance support to Defendant 

TransUnion Rental Screening Solutions, Inc. by all of their names, telephone 

numbers, and physical, postal, email, and Internet addresses; and (3) describe the

legal or compliance support provided to Defendant TransUnion Rental Screening

Solutions, Inc. and the involvement of any other Defendant.

2. Defendant TransUnion Rental Screening Solutions, Inc. must, sworn under 

penalty of perjury: (1) identify the primary physical, postal, and email address and 

telephone number, as designated points of contact, which representatives of the 

Bureau or FTC may use to communicate with that Defendant; (2) identify all 

Defendant’s businesses by all of their names, telephone numbers, and physical, 

postal, email, and Internet addresses; and (3) describe the activities of each such

business, including the products and services offered, and the involvement of any 

other Defendant.

B. Ninety days after entry of this Order, each Defendant must submit to the FTC and Bureau 

a list of all persons and their titles to whom this Order has been delivered pursuant to the Section 

of this Order titled “Order Acknowledgements.”

C. One year after entry of this Order, each Defendant must submit a compliance report to the 

FTC and Bureau, sworn under penalty of perjury, in which, at a minimum, each Defendant must 

(1) describe in detail whether and how that Defendant is in compliance with each paragraph of 

this Order; and (2) provide a copy of each Order Acknowledgment obtained pursuant to the 

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Section of this Order titled “Order Acknowledgements,” unless previously submitted to the FTC 

and Bureau.

D. For 5 years after entry of this Order, each Defendant must submit a compliance notice to 

the FTC and Bureau, sworn under penalty of perjury, at least 30 days before, or within 14 days 

after learning of the change, whichever is sooner, of any change to the following: (1) any 

designated point of contact; (2) the structure of any Defendant or any entity that Defendant has 

any ownership interest in or controls directly or indirectly 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; (3) the

type or format of Background Screening Reports that Defendant offers; (4) if that Defendant 

begins providing Consumer Reports to customers in the United States or concerning consumers 

or transactions in the United States that include an Eviction Proceeding Record or criminal 

record information but are not Background Screening Reports; or (5) if any entity that Defendant 

has a majority ownership interest in or controls directly or indirectly that is not covered by the 

Sections of this Order titled “Prohibited Business Activities” or “Affirmative Requirements” 

begins providing Consumer Reports to customers in the United States or concerning consumers 

or transactions in the United States that include any Eviction Proceeding Record or criminal 

record information.

E. Each Defendant must submit to the FTC and Bureau notice of the filing of any 

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

within 14 days of its filing.

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F. Defendants must submit to the FTC and Bureau reports under penalty of perjury on all 

payments made pursuant to this Order. Defendants must submit a report quarterly and at the 

conclusion of redress and any disgorgement summarizing their payment compliance, including 

stating the total number of, and dollar amounts for, Affected Customers, checks mailed, and 

checks negotiated.

G. Any submission to the FTC or Bureau 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.

H. Unless otherwise directed by an FTC representative in writing, all submissions to the 

FTC 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: FTC & CFPB v. TransUnion 1823204.

I. Unless otherwise directed by a Bureau representative in writing, all submissions to the 

Bureau pursuant to this Order must be emailed to Enforcement_Compliance@cfpb.gov, with the 

subject line, “FTC and CFPB v. TransUnion Rental Screening Solutions, Inc. and Trans Union 

LLC, Case No. [Insert District Court Case Number].”

XI. RECORDKEEPING PROVISIONS

IT IS FURTHER ORDERED that Defendants must create certain records for 5 years 

after entry of this Order and retain each such record for 5 years. Specifically, Defendants, in 

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connection with the provision of Background Screening Reports, must create and retain the 

following records:

A. Accounting records showing the revenues from all products or services sold;

B. Personnel records showing, for each person providing services, whether as an employee 

or otherwise: name, addresses, and telephone numbers; job title or position; dates of service; and, 

if applicable, the reason for termination;

C. Complaints concerning the subject matter of this Order, whether received directly or 

indirectly, such as through a third party, and any response;

D. All employee training materials concerning the subject matter of this Order; and

E. All records necessary to demonstrate full compliance with each provision of this Order, 

including all submissions to the FTC or Bureau.

XII. 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 the FTC or Bureau, Defendants must 

submit additional compliance reports or other requested information, which must be made under 

penalty of perjury; provide sworn testimony; or produce documents. 

B. For purposes of this Section, the FTC or Bureau may communicate directly with 

Defendants, unless Defendants retain counsel related to these communications. 

C. Defendants must permit FTC or Bureau representativesto interview any employee or 

other person affiliated with Defendants who has agreed to such an interview regarding: (a) this 

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matter; (b) anything related to or associated with the conduct described in the Complaint; or 

(c) compliance with the Order. The person interviewed may have counsel present.

D. Nothing in this Order will limit the FTC’s or Bureau’s lawful use of civil investigative

demands under 15 U.S.C. § 57b-1 or 12 C.F.R. § 1080.6 or other compulsory process. 

XIII. 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.

SO ORDERED this __ day of ____, 2023.

________________________________

UNITED STATES DISTRICT JUDGE

Case No. 1:23-cv-02659 Document 2-1 filed 10/12/23 USDC Colorado pg 21 of 24
Page 22 of 24

SO STIPULATED AND AGREED:

FOR PLAINTIFFS:

FOR FEDERAL TRADE COMMISSION

Dated: October 10, 2023 s/Whitney Moore

WHITNEY MOORE (DC Bar No. 496842)

JARAD BROWN (CA Bar No. 294516) 

Division of Privacy and Identity Protection 

Federal Trade Commission

600 Pennsylvania Ave, NW, Mail Stop CC-6315

Washington, DC 20580

(202) 326-2645 (Moore)

(202) 326-2927 (Brown)

(202) 326-3392 (fax)

wmoore@ftc.gov

jbrown4@ftc.gov

Attorneys for the Plaintiff Federal Trade 

Commission

Case No. 1:23-cv-02659 Document 2-1 filed 10/12/23 USDC Colorado pg 22 of 24
Page 23 of 24

Dated: October 10, 2023

FOR CONSUMER FINANCIAL PROTECTION 

BUREAU

EMILY SACHS (VA No. 82437) 

PHILLIP HARRIS (NC No. 39740, AZ No. 036513)

JOSEPH SANDERS (IL No. 6308241, NY No. 4397204)

REBECCA SMULLIN (DC No. 1017451, CA No. 250274)

1700 G Street NW

Washington, DC 20552

(202) 435-9424 (Sachs)

(202) 435-7768 (Harris)

(202) 377-9846 (Sanders)

(202) 435-7546 (Smullin)

emily.sachs@cfpb.gov

phillip.harris@cfpb.gov

joseph.sanders@cfpb.gov

rebecca.smullin@cfpb.gov

Attorneys for the Plaintiff Consumer Financial Protection 

Bureau

s/Emily Sachs

Case No. 1:23-cv-02659 Document 2-1 filed 10/12/23 USDC Colorado pg 23 of 24
Case No. 1:23-cv-02659 Document 2-1 filed 10/12/23 USDC Colorado pg 24 of 24

FOR DEFENDANTS: 

sN alerie L. Hletko Dated: October 5, 2023 

VALERIE L. HLETKO (DC Bar No. 485610, 

Ill. Bar No. 6323429,NY Bar No. 4048245) 

Covington & Burling LLP 

One CityCenter 

850 Tenth Sn·eet NW 

Washington, DC 20001 

(202) 662-5146 

vhletko@cov.com 

Attorney for Defendants TransUnionRental 

Screening Solutions, Inc. and Trans Union LLC 

FOR TRANSUNION RENTAL SCREENING 

SOLUTIONS, INC. 

sfrimothy J. Maiiin Dated: October 5, 2023 

TIMOTHY J. MARTIN 

Executive Vice President- Solutions, Trans 

UnionLLC 

(Authorized Signato1y for Trans Union Rental 

Screening Solutions, Inc.) 

FOR TRANS UNION LLC 

sfrimothy J. Maliin Dated: October 5, 2023 

TIMOTHY J. MARTIN 

Executive Vice President- Solutions 

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