Applicant wants copy of background checks.....

10 Replies

I've got an applicant that has decided not to rent my SFH but would like a copy of the background outputs from Mysmartmove that he paid for as part of the application process.

Is it legal for me to send a copy back to the applicant?

If so, should I email it or print it out & send it via postal mail? My concern with email is that I don't want to be liable for such a potentially unsecured mode of delivery given the sensitivity of a credit report.

Thanks,

Mitch

Sure, you can send it to him. I would get his permission in writing (email is fine) and then just email it to him. Then he would be responsible if someone else sees it.

I am currenty taking the CAM classes. And we were instructed that we are not allowed to disclose why an applicant was turned down, etc. or the actual results of the information. You are to give them the address and phone number of the agency used and direct the applicant to them. 

IF you do decide to send them your results of the background check, like previously said get it in writing and if you send it electronically, ensure you encrypt it to lower the chances of identity theft. It sounds like it was there choice for not living there not your declining their application. I would direct them to where I got my information and let them know it is available thru that source.  If I was the one declining their application I would send a letter explaining why I said no but would not send the results. from the source. Hope this helps.

George

NO!  Your agreement with the screening service will stipulate that you are not permitted to distribute copies of the reports to anybody. 

You should send them an adverse action / rejection letter (that is approved by your screening service) that explains their rights to request copies of reports directly from the screening service due to the adverse action. 

But do not send the reports. Your screening service may allow you to discuss the contents of the reports, but you cannot give copies. 

Actually what you should do (and are legally required to do by the FCRA) is to send the applicant an "adverse action letter" which will explain how/where they can obtain their own credit report. (The report will be free to them, if they're worried about costs.)

Apparently @Steve Babiak and I posted the same thing at the same time.  But ditto what he said. :)

You need to provide the applicant with an adverse action notice.  Technically under the FCRA you could just tell them orally. Not a good idea [or recommended!] in terms of creating a paper trail, but legal federally; state  and local laws may vary.

Anyway here's the TU Contact info. I'm shocked they don't have an adverse action function within the app or at least basic info about it.

Can I get a copy of my criminal and/or credit report(s) provided to the landlord?

Yes, SmartMove will disclose the contents of a criminal and/or credit report retained by SmartMove to an individual who requests a copy of their report. To verify your identity and obtain a copy of your report(s), please contact customer service at 866-775-0961.

Originally posted by @Steve Babiak :

NO!  Your agreement with the screening service will stipulate that you are not permitted to distribute copies of the reports to anybody. 

You should send them an adverse action / rejection letter (that is approved by your screening service) that explains their rights to request copies of reports directly from the screening service due to the adverse action. 

But do not send the reports. Your screening service may allow you to discuss the contents of the reports, but you cannot give copies. 

Steve

If you read the My Smart Move Terms they actually explicitly allow it. SmartMove is a little different in that regards because the data was technically consumer generated so it slightly changes how things can be done. Doesn't change FCRA rules or anything.

@Ariel O. - upon reading the TU SmartMove  paragraphs you posted, the request for the reports must still be made by the applicant; it does not say the landlord can distribute the reports, in fact it says SmartMove will do that. 

EDIT - maybe there are other terms in the TU SmartMove that allow it, but the posted snippet does not have it. 

@Steve Babiak

Ask and ye shall receive :-)

https://www.mysmartmove.com/Presentationlayer/Views/LandlordFCRAContent.html

"Additional Terms and Conditions.

5.1Confidentiality. Subscriber shall hold all Services Information in confidence and shall not disclose the Services to any third party, except as required by law (i.e., an order of a court or data request from an administrative or governmental agency with competent jurisdiction) to be disclosed; provided however, that Subscriber shall provide TURSS ten (10) days prior written notice before the disclosure of such information pursuant to this Paragraph 5.1. However, this restriction shall not prohibit Subscriber from disclosing to the subject of the Consumer Report Information, who is the subject of an adverse action, the content of the Consumer Report Information as it relates to any such adverse action."