Amendment+5+Executed.pdf

CONTRACT AMENDMENT

CONTRACT NAME AND NUMBER: Employee Verification Services – SC 247

AMENDMENT NUMBER: 5

This Amendment (“Amendment”) is entered into by and between Frontline eSolutions, LLC d/b/a uConfirm (“CONTRACTOR”) and the state of North Dakota, acting through its State Procurement Office (“STATE”) and in conjunction with 0MB Fiscal Management (“STATE”) and amends state contract 247, Employee Verification Services dated March 9, 2020 (“Contract”) between CONTRACTOR and STATE. All capitalized terms not defined herein shall have the meaning ascribed to such terms in the Contract.

WHEREAS, the parties desire to modify the Contract as more specifically described herein;

NOW THEREFORE, in consideration of the mutual covenants and representations set forth herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows:

1. The Contract is hereby deleted in its entirety and replaced with the attached Amended and Restated Contract.

2. Renewal and Extensions – For the avoidance of confusion, the Contract commenced on March 09, 2020 for a period of 12 months with an option to renew the contract for up to 4 additional years (through March 9, 2025). In March of 2022, the Contract was amended twice to extend the term for 2 months through May 9, 2022. The parties have agreed to renew the Contract for an additional year; therefore, the Contract is amended to change the expiration date to 5/09/2023. The Contract has 2 additional renewals remaining and can be extended on the next renewal for an additional 10 months after 5/09/2023 through 3/09/2024.

3. This Amendment, together with the Contract, sets forth the entire understanding of the parties with respect to the subject matter hereof and supersedes to the extent indicated all prior agreements, letters, covenants, arrangements, communications, representations and warranties, whether oral or written, by any employee, officer, or representative of either party. All terms and conditions of the Contract not specifically addressed in this Amendment shall remain unchanged and in full force and effect. The terms of this Amendment shall prevail in the event of any inconsistency between this Amendment and the Contract regarding the subject matter hereof.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their duly authorized representatives. This Contract is not effective until fully executed by both parties. If no start date is specified in the Term of Contract, the most recent date of the signatures of the parties shall be deemed the Effective Date.

CONTRACTOR STATE OF NORTH DAKOTA

uConfirm Acting through its 0MB Fiscal Management

BY: BY:

Date: Date:

STATE OF NORTH DAKOTA

Acting through its State Procurement Office

BY:

Date:

Sean P. Dunham

Senior Manager, Contracts Counsel

05.05.2022

5/09/2022

Chad Keech State Procurement Officer

Joseph Goplin

Director of State Financial Services 05/10/2022

AMENDED AND RESTATED CONTRACT

1. SCOPE OF WORK

CONTRACTOR, in exchange for the outsourcing of employer verification services by STATE under this Contract, agrees to complete all the necessary tasks listed under section three, scope of work as referenced in the RFP #110.7-19-066; issued January 07, 2020 (“Services”).

Commercial Verifiers

Verifiers are referred to a secure website (www.uconfirm.com) where an electronic request to verify employment is submitted and a processing fee collected. All VOE & VOi requests are queried by the employee's name, the employer name and the full SSN. In addition, VOis require the verifier to provide a copy of the employee's signed authorization to be reviewed/approved by uConfirm's customer support team before the VOi is completed.

uConfirm fulfills the request and the verifier views the request online. Verifiers can view and print their reports from our website for 30 days and have the capability of running usage reports from their account that download into an Excel spreadsheet. If a verification cannot be completed (e.g., never employed there, invalid SSN, etc.), there is no charge to the verifier.

2. COMPENSATION

a. Contractual Amount

STATE shall pay for the accepted services provided by CONTRACTOR under this

Contract an amount not to exceed zero dollars ($0.00). There are no setup, transaction or ongoing service fees charged to The State, their employees or social service agencies

(includes fulfillment of social service and employee requests). 10% Revenue Share Paid

Annually via check (estimated) within forty-five (45) days of the completion of the prior calendar year.

Cost to the State of North Dakota Price

One-time/start-up cost for Employee Verification Services $0

Ongoing/lifecycle costs for Employee Verification Services $0

Commodities/Equipment/Supply Costs $0

Total Labor/Subcontractor costs $0

Travel/Overhead expenses $0

Per unit fee for Commercial Verifications $0

Per unit fee for Social Service Verifications $0

Per unit fee for Loan Forgiveness Forms $0

Custom reports fee $0

Total Costs: $0

Employee Reimbursement: In the unlikely event of a charge-back to an employee by a verifier for the cost of uConfirm's service, uConfirm will reimburse the employee. If a charge is incurred via credit card, we refund the card immediately. If payment was made

Type text here otherwise, we issue a check the same day to the employee, as guaranteed in uConfirm's standard service agreement.

The Contractual Amount is firm for the duration of the Contract and constitutes the entire compensation due CONTRACTOR from STATE for performance of its obligations under this Contract, unless amended, regardless of the difficulty, materials or equipment required, including fees, licenses, overhead, profit and all other direct and indirect costs incurred by CONTRACTOR, except as provided by an amendment to this Contract.

b. Payment - [INTENTIONALLY DELETED]

c. Travel - [INTENTIONALLY DELETED]

d. Prepayment - [INTENTIONALLY DELETED]

e. Payment of Taxes by STATE

STATE is not responsible for and will not pay local, state, or federal taxes. STATE sales tax exemption number is E 2001. STATE will furnish certificates of exemption upon request by the CONTRACTOR.

f. Taxpayer ID

CONTRACTOR'S federal employer ID number is: 33-1200751.

g. Purchasing Card - [INTENTIONALLY DELETED]

3. TERM OF CONTRACT

This Contract begins on its effective date, and ends after an initial one (1) year period.

a. No Automatic Renewal

This Contract will not automatically renew.

b. Extension Option

STATE reserves the right to extend the Contract for an additional period of time, not to exceed twelve (12) months, beyond the current termination date of the Contract.

c. Renewal Option

STATE may renew this Contract upon satisfactory completion of the initial Contract term.

STATE reserves the right to execute up to four (4) options to renew this Contract under the same terms and conditions for a period of twelve (12) months each.

d. Renegotiation Option

In view of the fact that it is unknown how long the products and services will be employed by STATE and that STATE will require ongoing maintenance and support of the products for as long as the system is operational, therefore after completion of the initial term of the Contract including any extensions and renewals, STATE and CONTRACTOR may renegotiate the Contract upon mutual agreement of the parties.

4. TERMINATION

a. Termination by Mutual Agreement

This Contract may be terminated by mutual consent of both parties executed in writing.

b. Early Termination in the Public Interest

STATE is entering into this Contract for the purpose of carrying out the public policy of the State of the North Dakota, as determined by its Governor, Legislative Assembly and Courts. If this Contract ceases to further the public policy of the State of North

Dakota, STATE, in its sole discretion, by written notice to the CONTRACTOR, may terminate this Contract in whole or in part.

c. Termination for Lack of Funding or Authority

STATE by written notice to CONTRACTOR, may terminate the whole or any part of this Contract under any of the following conditions:

1) If funding from federal, state, or other sources is not obtained and continued at levels sufficient to allow for purchase of the services or supplies in the indicated quantities or term.

2) If federal or state laws or rules are modified or interpreted in a way that the services are no longer allowable or appropriate for purchase under this Contract or are no longer eligible for the funding proposed for payments authorized by this Contract.

3) If any license, permit, or certificate required by law or rule, or by the terms of this

Contract, is for any reason denied, revoked, suspended, or not renewed.

Termination of this Contract under this subsection is without prejudice to any obligations or liabilities of either party already accrued prior to termination.

d. Termination for Cause

STATE may terminate this Contract effective upon delivery of written notice to

CONTRACTOR, or any later date stated in the notice:

1) If CONTRACTOR fails to provide services required by this Contract within the time specified or any extension agreed to by STATE; or

2) If CONTRACTOR fails to perform any of the other provisions of this Contract, or so fails to pursue the work as to endanger performance of this Contract in accordance with its terms.

The rights and remedies of STATE provided in this subsection are not exclusive and are in addition to any other rights and remedies provided by law or under this Contract.

5. FORCE MAJEURE

Neither party shall be held responsible for delay or default caused by fire, riot, terrorism, acts of God or war if the event is beyond the party's reasonable control and the affected party gives notice to the other party promptly upon occurrence of the event causing the delay or default or that is reasonably expected to cause a delay or default.

6. INDEMNIFICATION

STATE and CONTRACTOR each agrees to assume its own liability for any and all claims of any nature including all costs, expenses and attorneys' fees which may in any manner result from or arise out of this Contract. In addition to the obligations of the parties in the preceding sentence, CONTRACTOR agrees to defend STATE against all third party claims, actions, suits, or proceedings (“Claims”) incurred by STATE pursuant to CONTRACTOR provision of Services, to the extent caused by CONTRACTOR and arising from CONTRACTOR’s fraud, willful misconduct, breach of confidentiality obligations, or loss resulting from tangible property damage or personal injury as defined in NDCC chapter 32-12.2 provided that (a) STATE agrees to promptly notify CONTRACTOR in writing of any claim; (b) CONTRACTOR shall have the exclusive right to control the defense and all negotiations for any settlement or compromise, subject to the rights and responsibilities of the

North Dakota Attorney General; and (c) at CONTRACTOR’s request, STATE shall reasonably assist CONTRACTOR in the defense of any such claim.

7. INSURANCE

CONTRACTOR shall secure and keep in force during the term of this Contract, from insurance companies, government self-insurance pools or government self-retention funds, authorized to do business in North Dakota, the following insurance coverages:

a. Commercial general liability, including premises or operations, contractual, and products or completed operations coverages (if applicable), with minimum liability limits of $1,000,000 per occurrence.

b. Automobile liability, including Owned (if any), Hired, and Non-Owned automobiles, with minimum liability limits of $250,000 per person and $1,000,000 per occurrence.

c. Workers compensation coverage meeting all statutory requirements.

The insurance coverages listed above must meet the following additional requirements:

a. This insurance may be in policy or policies of insurance, primary and excess, including the so-called umbrella or catastrophe form and must be placed with insurers rated "A-" or better by AM. Best Company, Inc., provided any excess policy follows form for coverage.

Less than an "A-" rating must be approved by STATE.

b. CONTRACTOR shall furnish a certificate of insurance to the undersigned STATE representative prior to commencement of this Contract.

c. Failure to provide insurance as required in this Contract is a material breach of contract entitling STATE to terminate this Contract immediately.

d. CONTRACTOR shall provide at least thirty (30) days' notice of any cancellation or material change to the policies or endorsements. An updated, current certificate of insurance shall be provided in the event of any change to a policy.

8. WORKS FOR HIRE - [INTENTIONALLY DELETED]

9. WORK PRODUCT - [INTENTIONALLY DELETED]

10. NOTICE

All notices or other communications required under this Contract must be given by registered or certified mail and are complete on the date mailed when addressed to the parties at the following addresses:

STATE CONTRACTOR

Jeff Larshus General Counsel

Director of State Financial

Services Law Department

4th Floor Capitol Tower, 600 E

Boulevard Ave 475 Anton Boulevard

Bismarck, ND 58503 Costa Mesa, CA 92626

Notice provided under this provision does not meet the notice requirements for monetary claims against STATE found at N.D.C.C. § 32-12.2-04.

11. CONFIDENTIALITY

CONTRACTOR shall not use or disclose any information it receives from STATE under this

Contract that STATE has previously identified as confidential or exempt from mandatory public disclosure except as necessary to carry out the purposes of this Contract or as authorized in advance by STATE. STATE shall not disclose any information it receives from CONTRACTOR that CONTRACTOR has previously identified as confidential and that STATE determines in its sole discretion is protected from mandatory public disclosure under a specific exception to the

North Dakota public records law, N.D.C.C. ch. 44-04. The duty of STATE and CONTRACTOR to maintain confidentiality of information under this section continues beyond the term of this

Contract.

12. COMPLIANCE WITH PUBLIC RECORDS LAWS

CONTRACTOR understands that, STATE must disclose to the public upon request any records it receives from CONTRACTOR. CONTRACTOR further understands that any records obtained or generated by CONTRACTOR under this Contract, except for records that are confidential under this Contract, may, under certain circumstances, be open to the public upon request under the North Dakota public records law. CONTRACTOR agrees to contact STATE promptly upon receiving a request for information under the public records law and to comply with STATE's instructions on how to respond to the request.

13. INDEPENDENT ENTITY

CONTRACTOR is an independent entity under this Contract and is not a STATE employee for any purpose, including the application of the Social Security Act, the Fair Labor Standards Act, the Federal Insurance Contribution Act, the North Dakota Unemployment Compensation Law and the North Dakota Workforce Safety and Insurance Act. CONTRACTOR retains sole and absolute discretion in the manner and means of carrying out CONTRACTOR'S activities and responsibilities under this Contract, except to the extent specified in this Contract.

14. ASSIGNMENT AND SUBCONTRACTS

CONTRACTOR may not assign or otherwise transfer or delegate any right or duty without

STATE'S express written consent. However, CONTRACTOR may enter into subcontracts provided that any subcontract acknowledges the binding nature of this Contract and incorporates this Contract, including any attachments. CONTRACTOR is solely responsible for the performance of any subcontractor with whom CONTRACTOR contracts. CONTRACTOR does not have authority to contract for or incur obligations on behalf of STATE.

15. SPOLIATION- PRESERVATION OF EVIDENCE

CONTRACTOR shall promptly notify STATE of all potential claims that arise or result from this

Contract. CONTRACTOR shall also take all reasonable steps to preserve all physical evidence and information that may be relevant to the circumstances surrounding a potential claim, while maintaining public safety, and grants to STATE the opportunity to review and inspect the evidence, including the scene of an accident.

16. MERGER AND MODIFICATION, CONFLICT IN DOCUMENTS

This Contract, including the following documents, constitutes the entire agreement between the parties. There are no understandings, agreements, or representations, oral or written, not specified within this Contract. This Contract may not be modified, supplemented or amended, in any manner, except by written agreement signed by both parties.

Notwithstanding anything herein to the contrary, in the event of any inconsistency or conflict among the documents making up this Contract, the documents must control in this order of precedence:

a. The terms of this Contract as may be amended;

b. STATE's Solicitation Amendment #1 to Request for Proposal ("RFP") number 110.7-19-

066 dated January 21, 2020;

c. STATE's Solicitation Amendment #2 to Request for Proposal ("RFP") number 110.7-19-

066 dated January 22, 2020;

d. STATE's Request for Proposal ("RFP") number 110.7-19-066, dated January 07, 2020;

e. CONTRACTOR's proposal dated January 24, 2020 in response to RFP number 110.7-

19-2020.

f. All terms and conditions contained in any automated end-user agreements (e.g., click throughs, shrink wrap, or browse wrap) are specifically excluded and null and void, and shall not alter the terms of this Contract.

17. SEVERABILITY

If any term of this Contract is declared by a court having jurisdiction to be illegal or unenforceable, the validity of the remaining terms is unaffected and, if possible, the rights and obligations of the parties are to be construed and enforced as if the Contract did not contain that term.

18. APPLICABLE LAW AND VENUE

This Contract is governed by and construed in accordance with the laws of the State of North

Dakota. Any action to enforce this Contract must be adjudicated exclusively in the state District

Court of Burleigh County, North Dakota. Each party consents to the exclusive jurisdiction of such court and waives any claim of lack of jurisdiction or forum non conveniens.

19. ALTERNATIVE DISPUTE RESOLUTION - JURY TRIAL

STATE does not agree to any form of binding arbitration, mediation, or other forms of mandatory alternative dispute resolution. The parties have the right to enforce their rights and remedies in judicial proceedings. STATE does not waive any right to a jury trial.

20. ATTORNEY FEES

In the event a lawsuit is instituted by STATE to obtain performance due under this Contract, and

STATE is the prevailing party, CONTRACTOR shall, except when prohibited by N.D.C.C. § 28- 26-

04, pay STATE'S reasonable attorney fees and costs in connection with the lawsuit.

21. NONDISCRIMINATION AND COMPLIANCE WITH LAWS

CONTRACTOR agrees to comply with all laws, rules, and policies, including those relating to nondiscrimination, accessibility and civil rights. CONTRACTOR agrees to timely file all required reports, make required payroll deductions, and timely pay all taxes and premiums owed, including sales and use taxes, unemployment compensation and workers' compensation premiums.

CONTRACTOR shall have and keep current at all times during the term of this Contract all licenses and permits required by law.

22. STATE AUDIT

All records, regardless of physical form, and the accounting practices and procedures of

CONTRACTOR relevant to this Contract are subject to examination by the North Dakota State

Auditor, the Auditor's designee, or Federal auditors, if required. CONTRACTOR shall maintain all of these records for at least three (3) years following completion of this Contract and be able to provide them at any reasonable time. STATE, State Auditor, or Auditor's designee shall provide reasonable notice to CONTRACTOR prior to conducting examination.

23. LIMITATION OF LIABILITY

To the extent allowed under North Dakota law, including specifically N.D.C.C. § 32-12.2-

15, CONTRACTOR’s liability to STATE for any damages relating to the Services shall not exceed the greater of $100,000 or two times the total fees CONTRACTOR actually received from third-party verifiers for STATE furnished employee data in the twelve (12) months prior to the date of the incident causing such claim, unless the claims are the result of CONTRACTOR’s acts or omissions deemed grossly negligent or as a direct result of CONTRACTOR’s willful misconduct, breach of confidentiality obligations, or loss resulting from tangible property damage or personal injury. NOTWITHSTANDING ANY OTHER

PROVISION OF THE AGREEMENT, TO THE EXTENT PERMITTED UNDER N.D.C.C. § 32-12.2-15, IN NO

EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCREASED DAMAGES, OR DAMAGES TO BUSINESS

REPUTATION, DAMAGES ARISING FROM LOSS OF BUSINESS WITH THIRD PARTIES, OR LOSS OF

PROFITS FROM TRANSACTIONS WITH THIRD PARTIES, OR WILLFUL INFRINGMENT BY THE OTHER

PARTY, WHETHER ANY OF THE FOREGOING ARE FORESEEABLE OR NOT, AND HOWEVER

CAUSED, EVEN IF SUCH PARTY IS ADVISED OF THE POSSIBILITY THAT SUCH DAMAGES OR LOST

PROFITS MIGHT ARISE.

24. FCRA COMPLIANCE.

The parties agree that for purposes of this Contract, STATE is a furnisher, as that term is used within the

Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) (FCRA), having obligations and responsibilities under the FCRA. CONTRACTOR may incorporate, at CONTRACTOR’s expense, the data furnished by STATE into CONTRACTOR’s credit reporting system (“Furnished Data”). The parties acknowledge that the information furnished by STATE will be used for consumer reporting purposes pursuant to the FCRA. STATE acknowledges receipt of the Notice to Furnishers of Information: Obligations of Furnishers under the FCRA, attached as Exhibit A. Furthermore, as a furnisher of information to CONTRACTOR, STATE represents that it has established and implemented written policies and procedures regarding the accuracy and integrity of information furnished by STATE pursuant to Appendix A to Furnisher Rule Title 16, Part 660 – Interagency

Guidelines Concerning the Accuracy and Integrity of Information Furnished to Consumer Reporting

Agencies.

25. CONSUMER DISPUTES.

Both parties agree to comply with its obligations under the FCRA, including as applicable15 U.S.C.A. §§

1681i and 1681s-2.

26. DATA QUALITY AND PROVISION.

CONTRACTOR’s ability to provide accurate data to third party verifiers is dependent upon the accuracy and completeness of the data provided by STATE. Therefore, STATE represents that, it shall provide current, complete, and accurate data as necessary for CONTRACTOR to provide the Services. STATE shall provide the awarded vendor limited access to payroll data (comma delimited, *.dat file”) via an encrypted File

Transfer Protocol (FTP) each payroll period. STATE shall notify CONTRACTOR in writing of any problems in providing requested data in a timely manner. Both parties shall cooperate to identify and resolve errors pertaining to data as soon as possible. STATE authorizes CONTRACTOR to transmit the data provided by

STATE, as is, to any third-party verifier requesting such data in CONTRACTOR’s standard online format.

CONTRACTOR shall not have responsibility to, nor shall it, review, change, modify, amend, verify, or alter the data received from STATE before transmitting it to the third-party verifier. CONTRACTOR will only use the employment and income information for its purposes in compliance with applicable laws.

EXHIBIT A

All furnishers of consumer reports must comply with all applicable regulations, including regulations promulgated after this notice was first prescribed in 2004. Information about applicable regulations currently in effect can be found at the Consumer Financial Protection Bureau's website, consumerfinance.gov/learnmore.

NOTICE TO FURNISHERS OF INFORMATION: OBLIGATIONS OF FURNISHERS UNDER THE

FCRA

The federal Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681-1681y, imposes responsibilities on all persons who furnish information to consumer reporting agencies (CRAs). These responsibilities are found in Section 623 of the

FCRA, 15 U.S.C. § 1681s-2. State law may impose additional requirements on furnishers. All furnishers of information to CRAs should become familiar with the applicable laws and may want to consult with their counsel to ensure that they are in compliance. The text of the FCRA is set forth in full at the Bureau of Consumer Financial Protection's website at consumerfinance.gov/learnmore. A list of the sections of the FCRA cross-referenced to the U.S. Code is at the end of this document.

Section 623 imposes the following duties:

ACCURACY GUIDELINES

The banking and credit union regulators and the CFPB will promulgate guidelines and regulations dealing with the accuracy of information provided to CRAs by furnishers. The regulations and guidelines issued by the CFPB will be available at consumerfinance.gov/learnmore when they are issued. Section 623(e).

GENERAL PROHIBITION ON REPORTING INACCURATE INFORMATION

The FCRA prohibits information furnishers from providing information to a CRA that they know or have reasonable cause to believe is inaccurate. However, the furnisher is not subject to this general prohibition if it clearly and conspicuously specifies an address to which consumers may write to notify the furnisher that certain information is inaccurate. Sections 623(a)(1)(A) and (a)(1)(C).

DUTY TO CORRECT AND UPDATE INFORMATION

If at any time a person who regularly and in the ordinary course of business furnishes information to one or more CRAs determines that the information provided is not complete or accurate, the furnisher must promptly provide complete and accurate information to the CRA. In addition, the furnisher must notify all CRAs that received the information of any corrections, and must thereafter report only the complete and accurate information. Section 623(a)(2).

DUTIES AFTER NOTICE OF DISPUTE FROM CONSUMER

If a consumer notifies a furnisher, at an address specified by the furnisher for such notices, that specific information is inaccurate, and the information is, in fact, inaccurate, the furnisher must thereafter report the correct information to CRAs. Section 623(a)(1)(B).

If a consumer notifies a furnisher that the consumer disputes the completeness or accuracy of any information reported by the furnisher, the furnisher may not subsequently report that information to a CRA without providing notice of the dispute. Section 623(a)(3).

The federal banking and credit union regulators and the CFPB will issue regulations that will identify when an information furnisher must investigate a dispute made directly to the furnisher by a consumer. Once these regulations are issued, furnishers must comply with them and complete an investigation within 30 days (or 45 days, if the consumer later provides relevant additional information) unless the dispute is frivolous or irrelevant or comes from a “credit repair organization.” The CFPB regulations will be available at consumerfinance.gov. Section 623(a)(8).

DUTIES AFTER NOTICE OF DISPUTE FROM CONSUMER REPORTING AGENCY

If a CRA notifies a furnisher that a consumer disputes the completeness or accuracy of information provided by the furnisher, the furnisher has a duty to follow certain procedures. The furnisher must:

• Conduct an investigation and review all relevant information provided by the CRA, including information given to the CRA by the consumer. Sections 623(b)(1)(A) and (b)(1)(B).

• Report the results to the CRA that referred the dispute, and, if the investigation establishes that the information was, in fact, incomplete or inaccurate, report the results to all CRAs to which the furnisher provided the information that compile and maintain files on a nationwide basis. Sections 623(b)(1)(C) and (b)(1)(D).

• Complete the above steps within 30 days from the date the CRA receives the dispute (or 45 days, if the consumer later provides relevant additional information to the CRA). Section 623(b)(2).

• Promptly modify or delete the information or block its reporting. Section 623(b)(1)(E).

DUTY TO REPORT VOLUNTARY CLOSING OF CREDIT ACCOUNTS

If a consumer voluntarily closes a credit account, any person who regularly and in the ordinary course of business furnishes information to one or more CRAs must report this fact when it provides information to CRAs for the time period in which the account was closed. Section 623(a)(4).

DUTY TO REPORT DATES OF DELINQUENCIES

If a furnisher reports information concerning a delinquent account placed for collection, charged to profit or loss, or subject to any similar action, the furnisher must, within 90 days after reporting the information, provide the CRA with the month and the year of the commencement of the delinquency that immediately preceded the action, so that the agency will know how long to keep the information in the consumer's file. Section 623(a)(5).

Any person, such as a debt collector, that has acquired or is responsible for collecting delinquent accounts and that reports information to CRAs may comply with the requirements of Section 623(a)(5) (until there is a consumer dispute) by reporting the same delinquency date previously reported by the creditor. If the creditor did not report this date, they may comply with the FCRA by establishing reasonable procedures to obtain and report delinquency dates, or, if a delinquency date cannot be reasonably obtained, by following reasonable procedures to ensure that the date reported precedes the date when the account was placed for collection, charged to profit or loss, or subjected to any similar action. Section 623(a)(5).

DUTIES OF FINANCIAL INSTITUTIONS WHEN REPORTING NEGATIVE INFORMATION

Financial institutions that furnish information to “nationwide” consumer reporting agencies, as defined in Section 603(p), must notify consumers in writing if they may furnish or have furnished negative information to a CRA. Section 623(a)(7). The Consumer Financial Protection Bureau has prescribed model disclosures, 12 CFR Part 1022, App. B.

DUTIES WHEN FURNISHING MEDICAL INFORMATION

A furnisher whose primary business is providing medical services, products, or devices (and such furnisher's agents or assignees) is a medical information furnisher for the purposes of the FCRA and must notify all CRAs to which it reports of this fact. Section 623(a)(9). This notice will enable CRAs to comply with their duties under Section 604(g) when reporting medical information.

DUTIES WHEN ID THEFT OCCURS

All furnishers must have in place reasonable procedures to respond to notifications from CRAs that information furnished is the result of identity theft, and to prevent refurnishing the information in the future. A furnisher may not furnish information that a consumer has identified as resulting from identity theft unless the furnisher subsequently knows or is informed by the consumer that the information is correct. Section 623(a)(6). If a furnisher learns that it has furnished inaccurate information due to identity theft, it must notify each consumer reporting agency of the correct information and must thereafter report only complete and accurate information. Section 623(a)(2).

When any furnisher of information is notified pursuant to the procedures set forth in Section 605B that a debt has resulted from identity theft, the furnisher may not sell, transfer, or place for collection the debt except in certain limited circumstances. Section 615(f).

The Consumer Financial Protection Bureau website, consumerfinance.gov/learnmore, has more information about the FCRA.

CITATIONS FOR FCRA SECTIONS IN THE U.S. CODE, 15 U.S.C. § 1681 ET SEQ.:

15 U.S.C. 1681 Section 615 15 U.S.C.

1681m

Section 603 15 U.S.C. 1681a Section 616 15 U.S.C. 1681n

Section 604 15 U.S.C. 1681b Section 617 15 U.S.C. 1681o

Section 605 15 U.S.C. 1681c Section 618 15 U.S.C. 1681p

Section 605A 15 U.S.C. 1681c-1 Section 619 15 U.S.C. 1681q

Section 605B 15 U.S.C. 1681c-2 Section 620 15 U.S.C. 1681r

Section 606 15 U.S.C. 1681d Section 621 15 U.S.C.

1681s

Section 607 15 U.S.C. 1681e Section 622 15 U.S.C.

1681s-1

Section 608 15 U.S.C. 1681f Section 623 15 U.S.C.

1681s-2

Section 609 15 U.S.C. 1681g Section 624 15 U.S.C. 1681t

Section 610 15 U.S.C. 1681h Section 625 15 U.S.C. 1681u

Section 611 15 U.S.C. 1681i Section 626 15 U.S.C. 1681v

Section 612 15 U.S.C. 1681j Section 627 15 U.S.C. 1681w

Section 613 15 U.S.C. 1681k Section 628 15 U.S.C. 1681x

Section 614 15 U.S.C. 1681l Section 629 15 U.S.C. 1681y