Background Screening Terms & Conditions

Please read these Background Screening Terms & Conditions carefully.  They are incorporated by reference into and supplement a Service Agreement which you have signed.  By accessing, using, ordering, and receiving services from WorkforceQA, you are accepting and agreeing to be legally bound by the additional and supplemental terms and conditions stated hereinbelow.

1. Incorporation of Terms.  To order and receive services from WorkforceQA, LLC (“WFQA”), all customers (hereafter, the “Client”) must sign a Service Agreement.  These Background Screening Terms & Conditions are hereby incorporated into and supplement the Service Agreement executed by Client and together with the Service Agreement shall govern the purchase, receipt, and use of all Services.  By purchasing, receiving, and using Services, you are agreeing to be bound by these Background Screening Terms & Conditions and your continued use or access to WFQA’s Platforms and ordering of Services indicates your continued acceptance of the same.  Where there is a conflict or inconsistency between the Service Agreement and these Background Screening Terms & Conditions, the Service Agreement shall prevail and govern the rights, duties, and obligations of the parties.
2. Definitions.
   1. Adverse Action:  Shall have the definition as set forth in 15 U.S.C. § 1681a(k).
   1. Central Court:  In a county with multiple courthouses, including smaller, local, lower level, outlying or remote municipal or justice-of-the-peace courts, the term “Central Court” shall refer to the principal courthouse in which felony and most misdemeanor charges are adjudicated.
   1. Consumer:  Shall refer to any individuals about whom a Report is requested, whether an applicant, employee, prospective tenant, or otherwise.
   1. Consumer Information: shall have the definition set forth in 16 C.F.R. § 682.1.
   1. Consumer Report or Report:  Shall have the definition as set forth in 15 U.S.C. § 1681a(d) but may also refer both to consumer reports and Investigative Consumer Reports.
   1. Employment Purposes:  Shall have the definition as set forth in 15 U.S.C. § 1681a(h), consistent with the interpretation supplied by the Federal Trade Commission in its July 2011 Staff Report with Summary of Interpretations, which includes volunteer and independent contractor relationships.
   1. FCRA: Shall refer to the federal Fair Credit Reporting Act, 15 U.S.C. §§ 1681, et seq., as amended.
   1. Furnisher:  Shall refer to any person or entity that supplies information about a Consumer related to that person’s or entity’s transactions and experience with the Consumer to WFQA and which information is incorporated into the Report.
   1. Investigative Consumer Report: Shall have the definition as set forth in 15 U.S.C. § 1681a(e).
   1. Predominantly Used Index: Shall mean that portion of a county courthouse’s criminal record index at the Central Court which is commonly considered in the background screening industry to be readily available, adequate, and sufficient for use in performing a criminal record search.
   1. Legitimate business need: Shall include, but not be limited to, relationships involving schools and students, credentialing, admitting privileges, hospitals and clinical rotations, facility access privileges, and other purposes.
   1. All other capitalized defined terms shall have the definitions assigned to them in the Service Agreement or other Incorporated Terms.
3. Services. WFQA shall furnish Consumer Reports and Investigative Consumer Reports to the Client for the duration of the Term of the Service Agreement (hereafter, “Background Screening Services”).  The content of said Reports shall consist of the following information:that which is permitted to be disclosed by applicable federal, state and international laws; that which is in conformity with industry practices; andthat upon which the parties have agreed in the Incorporated Terms, the Price Schedule, or in a subsequent written modification of the Service Agreement or Price Schedule.
4. Compensation.  In consideration for the Background Screening Services to be performed by WFQA, Client agrees to pay WFQA in accordance with the Prices and Fees set forth in the Price Schedule and the Service Agreement.
5. Client Authentication. Client understands and acknowledges that federal law imposes know-your-customer obligations on WFQA prior to and during the provision of Background Screening Services to its customers.  Accordingly, Client agrees to submit to and cooperate with reasonable credentialing inquiries made by WFQA prior to and for the duration of the Service Agreement.  Such credentialing inquiries may include, but are not limited to, completing an application for service, obtaining business and credit reports on Client, conducting a physical or virtual inspection of the Client’s principal place of business, submitting documentation to demonstrate its current licensure or registration as a lawful business, and providing information regarding the Client’s intended use of Background Screening Services.
6. WFQA’s Compliance with the Law. In rendering Background Screening Services to Client, WFQA agrees to comply with applicable laws and regulations, including laws and regulations relating to consumer reporting and data privacy.
7. Client’s Compliance with the Law.  In requesting, receiving, using, storing, and disposing of any and all Reports, Client agrees to adhere to, and comply with, the FCRA and all state laws applicable to the procurement and use of Reports, including those state-specific requirements pertaining to the timing, nature and content of disclosures and notices to Consumers.
8. EEO Certification.  Client certifies that any information contained in the Consumer Reports obtained by it will not be used in violation of federal or state equal employment opportunity laws or regulations or in violation of state or local ban-the-box, fair chance hiring, human rights, or related laws.
9. Limited Use.  Client certifies it will request Reports only for its exclusive one-time use, holding them in strict confidence, and not disclosing them to third parties not involved in the employment, tenancy or business decision giving rise to the need for the Report.
10. Certification of Disclosure.
    1. By requesting a Report for Employment Purposes, Client certifies (a) that it has provided a clear and conspicuous written disclosure – in a document consisting solely of the disclosure – to each and every Consumer about whom it requests a Report that a consumer report may be obtained for employment purposes (hereafter, a “Disclosure”) and (b) that it has made this Disclosure prior to requesting a Report from WFQA. Client additionally agrees to provide any disclosures required under relevant state and local consumer reporting, Fair Chance, and credit reporting laws prior to requesting a Report from WFQA.
    1. When Client utilizes WFQA’s electronic FCRA consent process with respect to any particular Consumer for the purpose of providing the statutorily mandated Disclosure, WFQA shall structure the online process so as to require the Consumer to receive an electronic version of the Disclosure prior to completing the order for a Consumer Report, provided however, in doing so Client shall be deemed to have approved content of the Disclosure utilized by the electronic FCRA consent process.
11. Authorization Requirement.  When requesting a Report for Employment Purposes, Client agrees to obtain the written authorization (“Authorization”) of each and every Consumer about whom it requests a Report prior to requesting said Report from WFQA.  When Client utilizes WFQA’s electronic FCRA consent process with respect to any particular Consumer to obtain that Consumer’s Authorization to perform a background check, WFQA shall structure the online process so as to require the Consumer to provide his consent by electronic signature prior to completing the order for a Consumer Report, provided however, in doing so Client shall be deemed to have approved content of the Authorization utilized by the electronic FCRA consent process.
12. Pre-Adverse Action Requirement. When requesting a Report for Employment Purposes, Client agrees to follow and adhere to the conditions imposed by 15 U.S.C. § 1681b(b)(3) on Customers before taking adverse action based in whole, or in part, on the Report.  Such conditions include:transmitting a letter to the Consumer that contains the name, address, and toll-free telephone number of WFQA (“Pre-Adverse Action Letter”);enclosing a copy of the Consumer Report with the letter;enclosing a copy of A Summary of Your Rights Under the Fair Credit Reporting Act;andallowing the Consumer a reasonable amount of time to respond to this pre-adverse notification before the adverse action is taken, taking into account weekends and intermediate holidays.  Where Client purchases from WFQA the service of transmitting a Pre-Adverse Letter to the Consumer, Client will be deemed to have approved the content of said letter.  Unless otherwise agreed to in writing by the parties, said service can only be purchased on a Consumer-by-Consumer basis after the issuance of a Report, i.e., WFQA will not transmit the letters automatically.
13. Adverse Action Requirement.  When requesting a Report for any permissible purpose, including Employment Purposes, Client agrees to comply with the requirements of 15 U.S.C. § 1681m when taking an adverse action based in whole, or in part, on a Report.  These requirements include: providing oral, written, or electronic notice to the Consumer of the adverse action (“Adverse Action Notice’); providing the name, address and toll-free telephone number of WFQA to the Consumer; stating to the Consumer that WFQA did not make the decision to take the adverse action and is unable to provide the Consumer with the specific reasons why the adverse action was taken; notifying the Consumer of his/her right to obtain a free copy of the Consumer Report within sixty days and to dispute with WFQA the accuracy or completeness of any information in the Consumer Report furnished by WFQA.  Where Client purchases from WFQA the service of transmitting an Adverse Action Notice to the Consumer, Client will be deemed to have approved of the content of the letter used to provide the notice.  Said service can only be purchased on a Consumer-by-Consumer basis no sooner than five business days after the Pre-Adverse Letter has been transmitted to the Consumer.
14. Investigative Consumer Report Disclosure Requirement. Irrespective of the Client’s permissible purpose, Client agrees to comply with the requirements of 15 U.S.C. § 1681d when requesting an Investigative Consumer Report.  These requirements include: Clearly and accurately disclosing in writing to the Consumer that an investigative report includes information as to his character, general reputation, personal characteristics, and mode of living; that he has a right to request a complete and accurate disclosure of the nature and scope of the investigation requested; and that he has a right to request a copy of the summary of his rights.
15. ATS / HRIS.  If Client utilizes a third-party Applicant Tracking System or a Human Resources Information System (“ATS/HRIS”) that is integrated with one or more of WFQA’s Platforms, Client hereby designates the ATS/HRIS as its agent for the purpose of receiving, possessing, and storing Consumer Reports, and Client shall assure that the ATS/HRIS will comply with all applicable Consumer Information or data privacy laws and regulations, as well as assuring its adherence to any relevant terms of these Background Screening Terms & Conditions.
16. Retention of Evidence of Compliance.  To the extent not already in the possession of WFQA, Client agrees to store and maintain electronic or paper copies of each Disclosure, Authorization, Pre-Adverse Letter, Adverse Action Notice for a period of three years.  Upon reasonable notice, Client agrees to supply to WFQA Consumer Report-related documents maintained as to Consumers upon whom Reports were obtained, including copies of Disclosures and Authorizations, any pre-adverse and adverse action correspondence, as well as provide reasonable evidence of its compliance with applicable Federal and state statutes and regulations regarding Consumer data privacy
17. Confidentiality & Data Security of Consumer Information.  Each party agrees to keep and maintain Consumer Information secure and confidential.  Each party represents and warrants that it maintains a comprehensive data security plan that institutes all necessary and reasonable physical, administrative, and technical controls, processes, and safeguards for the protection of Consumer Information, including but not limited to, storing Consumer Information in a secure environment; transmitting Consumer Information in a secure manner; safeguarding of passwords used to access terminals and software applications that provide access to Consumer Information; destroying paper and electronic copies of Consumer Reports when no longer needed; limiting access to Reports to only those individuals who have executed an appropriate confidentiality agreement; and deactivating the user IDs and passwords of those who no longer need access to the Reports.  Should Client request to receive Consumer Reports from WFQA by email, Client agrees to accept responsibility for any claims arising out of the Client’s use of unencrypted electronic communication.  Notwithstanding any agreement entered into by the parties prior to the execution of the Service Agreement containing any term or condition to the contrary, the Client expressly acknowledges and agrees that WFQA will maintain the confidentiality and security of its own consumer files, any Consumer Information contained therein, and any archival Reports maintained therein, in accordance with its own internal data security and confidentiality policies.
18. Disposal of Consumer Information.  Client agrees to dispose of all Consumer Information in a manner reasonably calculated to protect against unauthorized access to or use of the Consumer Information in connection with its disposal.
19. Consultation with Legal Counsel.  WFQA does not provide any legal advice regarding the Client’s compliance with the various federal, state, and international laws which might apply. Client is encouraged to consult with its own legal counsel regarding the purchase and use of Consumer reports.  Client is solely responsible for the content of Disclosures, Authorizations, Pre-Adverse Action Letters and Adverse Action Notices, and the Summary of Rights, even when it uses exemplar or default documents provided by WFQA.  Such exemplars and documents are provided “As Is,” with no warranties expressed or implied.  WFQA does not provide legal services and is not authorized to do so.  WFQA plays no role in any employment decision, whether adverse or positive. WFQA may from time to time offer information, guidance, forms, materials, and/or other content (including sample documents and the electronic FCRA consent process) for informational purposes (“Content”), which is not intended to and shall not constitute legal or professional advice, either express or implied. Client agrees not to rely on WFQA for legal or professional advice and acknowledges that it is solely responsible for its legal obligations and decisions and will consult with its own legal counsel at its own discretion regarding all legal matters, including but not limited to its obligations with respect to its procurement and use of the Background Screening Services, the electronic FCRA consent process, and Reports.
20. Client not a Re-seller.  Client certifies that it shall not request, obtain or use Reports for the purpose of re-selling, leasing, or renting the information, or otherwise providing information obtained from WFQA’s Services, to any other person, whether alone, in conjunction with Client’s own data, or otherwise in any service which is derived from the Reports, provided that, Client may furnish (but not re-sell) Reports, or information contained therein, to a third party under the terms and conditions set forth, and for the limited purposes described in a separate written, executed addendum to the Services Agreement. Client shall require any such third party to abide by the same terms and conditions required of Client under FCRA and related state statutes.  Client agrees to notify the Consumer of the existence of said relationship and secure the Consumer’s consent to provide the Report to the third party.  Otherwise, Client may not furnish Reports, or information contained therein, to any third person.
21. Acknowledgement of Receipt of Forms.  The Client acknowledges receipt and review of the following documents:
    1.  A Summary of Your Rights Under the Fair Credit Reporting Act, published at 12 C.F.R. Pt. 1022, App. K, and a copy of which is available on the website hosted by the United States Consumer Financial Protection Bureau at:

● https://files.consumerfinance.gov/f/201504_cfpb_summary_your-rights-under-fcra.pdf.

The form can also be found on the website hosted by the United States Federal Trade Commission at:

● https://www.consumer.ftc.gov/sites/default/files/articles/pdf/pdf-0096-fair-credit-reporting-act.pdf.

• Notice To Users of Consumer Reports: Obligations of Users Under the FCRA, published at 12 C.F.R. Pt. 1022, App. N.  A copy of this form can be found here: [Insert hyperlink to CRA’s hosted version.]
• Reaffirmation of Certifications. Client certifies that each time it orders, accesses, or views a Report, it is reaffirming the certifications made to WFQA herein.
• Product-Specific Certifications.
  • CBSV.  As an administrative service, WFQA offers Consent Based Social Security Verification (“CBSV”).  In the event that Client procures CBSV services, Client makes the following certifications:
    • Client acknowledges that Section 1140 of the Social Security Act authorizes the Social Security Administration (“SSA”) to impose civil monetary penalties on any person who uses the words “Social Security” or other program-related works, acronyms emblems, and symbols in connection with an advertisement, solicitation, or other communication, “in a manner which such person knows or should know would convey, or in a manner which reasonably could be interpreted or construed as conveying, the false impression that such item is approved, endorsed, or authorized by the Social Security Administration…” 42 U.S.C. s. 1320b-10(a).
    • Client agrees to use information provided by the CBSV only for the purpose(s) specified by the individual signing the consent form and shall make no further use/re-disclosure of the verification.
    • Client understands that CBSV does not verify employment eligibility, nor does it interface with the Department of Homeland Security Verification system, and it will not satisfy Client’s I-9 employment verification requirements.
    • Client understands that SSA has the right to review the Client’s or any of its principal’s records associated with the CBSV program at any time.
    • Client agrees to indemnify and hold harmless WFQA, its successors and assigns, officers, directors, and employees from any and all claims, actions, or liabilities arising from or with respect to the use or misuse of the CBSV through the SSA accessed through WFQA.
  • Driver History Reports.  Client hereby certifies that it will only order Motor Vehicle Records and/or Driving History Reports (“MVRs”) in strict compliance with the Driver Privacy Protection Act at 18 U.S.C. § 2721 et seq., and any related state laws.  Client further agrees not to order MVRs without first obtaining the written consent of the consumer to obtain “driving records,” evidence of which shall be provided to WFQA upon request. Client agrees that it shall use MVR information only for the purpose authorized by the consumer in the written consent form and comply with all the data requirements imposed by the DDPAs.  Client understands and acknowledges that the states of New Hampshire, Pennsylvania, and Washington require use of specific forms published by those states.  Client represents, warrants, and covenants it will secure the consumer’s consent using those forms, and customer understands it will be subject to audit by WFQA as to its compliance with these requirements.
  • Equifax’s The Work Number.  When purchasing The Work Number® information through WFQA, Client agrees to hold Equifax harmless in the purchase and use of the information.  Equifax will not sell The Work Number® information otherwise.
  • Credit Reports.  Client represents that, if it orders credit reports, Client will have a policy with procedures in place to investigate any discrepancy in a consumer’s address when notified by the credit bureau that the consumer’s address, as submitted by Client, substantially varies from the address the credit bureau has on file for that consumer.
• Jurisdiction-Specific Certifications.
  • California.  Client hereby certifies that, under the Investigative Consumer Reporting Agencies Act (“ICRAA”), California Civil Code §§ 1786 et seq., and the Consumer Credit Reporting Agencies Act (“CCRAA”), California Civil Code §§ 1785.1 et seq., if the Client is located in the State of California, and/or the Client’s request for and/or use Investigative Consumer Reports or Consumer Credit Reports pertains to a California resident or worker, Client will do or has done the following:
    • Request and use Investigative Consumer Reports and/or Consumer Credit Reports, as those terms are defined under ICRAA and CCRAA, respectively, (collectively, “California Reports”) solely for a permissible purpose(s) identified under ICRAA or CCRAA.
    • When, at any time, California Reports are sought for employment purposes other than suspicion of wrongdoing or misconduct by the consumer who is the subject of the investigation:
      •  Client has provided a clear and conspicuous disclosure in writing to the consumer, which solely discloses: (1) that an investigative consumer report may be obtained; (2) the permissible purpose of the investigative consumer report; (3) that information on the consumer’s character, general reputation, personal characteristics and mode of living may be disclosed; (4) the name, address, telephone number, and website of the investigative consumer reporting agency conducting the investigation; and (5) the nature and scope of the investigation requested, including a summary of the provisions of California Civil Code Section 1786.22.
      • Client has requested a report only after the applicable consumer has authorized in writing the procurement of the Report.
      • Provide the consumer a means by which he/she may indicate on a written form, by means of a box to check, that the consumer wishes to receive a copy of any reports that are prepared.
    • When California Reports are sought in connection with the hiring of a dwelling unit, notify the consumer in writing that a report will be made regarding the consumer’s character, general reputation, personal characteristics.  The notification shall include the name and address of Client as well as a summary of the provisions of California Civil Code Section 1786.22, no later than three days after the date on which the Report was first requested.
    • When California Reports are sought in connection with the underwriting of insurance, clearly and accurately disclose in writing at the time the application form, medical form, binder, or similar document is signed by the consumer that a report regarding the consumer’s character, general reputation, personal characteristics, and mode of living may be made, or, if no signed application form, medical form, binder, or similar document is involved in the underwriting transaction, the disclosure shall be made to the consumer in writing and mailed or otherwise delivered to the consumer not later than three days after the report was first requested.  The disclosure shall include the name and address of Client, the nature and scope of the investigation requested, and a summary of the provisions of California Civil Code Section 1786.22.
    • If the consumer wishes to receive a copy of their report, provide a copy of the report to the consumer within three business days of the date that the report is provided to Client.  The copy of the report shall contain the name, address, and telephone number of the person who issued the report and how to contact him/her.
    • Under all applicable circumstances, comply with California Civil Code §§ 1785.20 and 1786.40 if the taking of adverse action is a consideration, which shall include, but may not be limited to, advising the consumer against whom an adverse action has been taken that the adverse action was based in whole or in part upon information contained in the report, informing the consumer in writing of the reporting agency’s name, address, and telephone number, and provide the consumer of a written notice of his/her rights under ICRAA and the CCRAA.
  • California Fair Chance Act Laws & Regulations.  Client understands, acknowledges, and agrees that, as between Client and WFQA, Client is solely and exclusively responsible for its compliance with California’s fair employment and housing laws and regulations, including, but not limited to, Government Code § 12952, Inquiries regarding applicant’s conviction history, etc.; Labor Code § 432.3, Voluntary disclosure of salary history by applicant, etc.; Labor Code § 432.7, Disclosure of arrest or detention not resulting in conviction, etc.; Labor Code § 1024.5, Use of consumer credit report for employments purposes;  and 2 CCR  11017.1, Consideration of Criminal History in Employment Decisions.
    • Client understands, acknowledges, and agrees that:
      • Use of WFQA’s exemplar FCRA pre-adverse and adverse action cover letters is not compliance with California’s Fair Chance Act laws and regulations (“CFCA”);
      • Use of WFQA’s adjudication services is not a substitute for the due process requirements imposed by the CFCA;
      • WFQA is not exercising an administrative function traditionally exercised by Client; and
      • WFQA is not a business entity agent for Client as that term is defined by the California Supreme Court.
    • WFQA expressly disclaims that it is a business entity agent for Client or that it is exercising any administrative functions traditionally exercised by Client in its capacity as an employer.  Client hereby agrees to defend, indemnify, and hold WFQA harmless from and against any claim, suit, agency action or the like premised upon any of the following assertions: (i) that WFQA is a business entity agent for Client, (ii) that WFQA is deemed to be an employer under California law in its provision of Background Screening Services to and for Client, or (iii) that WFQA violated California’s Fair Chance, Fair Employment and Housing, or other equal employment opportunity laws or regulations in its provision of Background Screening Services to Client.
  • New York City, NY.  Client hereby certifies that, if the Client is domiciled, located, or operating as an employer in New York City, New York (“NYC”), and/or the Client’s request for and/or use of Reports pertains to an NYC resident or worker:
    •  Client will do the following:
      • Comply with all aspects of NYC’s Fair Chance Act (“FCA”), NYC Admin. Code § 8-107(10)-(11) and its Stop Credit Discrimination in Employment Act (“SCDEA”), NYC Admin. Code §§ 8-102(29), 8-107(9)(d), (24);
      • Not order Background Screening Services in violation of either the FCA or SCDEA;
      • Not use consents that violate the FCA or SCDEA;
      • Engage in a meaningful, substantive, compliant Fair Chance process in accordance with the process established in the legal enforcement guidance issued by the NYC Commission on Human Rights.
    • Client understands, acknowledges, and agrees that:
      • It must not order a Report containing criminal history information until it has otherwise complied with the FCA by, among other things, extending a conditional offer of employment;
      • It must assess all other job qualifications, including ordering any non-criminal history Reports, before extending the conditional offer of employment and ordering a Report containing criminal history information;
      • Use of WFQA’s exemplar FCRA pre-adverse and adverse action cover letters is not compliance with the FCA or SCDEA;
      • Use of WFQA’s adjudication services is not a substitute for the due process requirements imposed by the FCA or SCDEA; and
      • WFQA is not an administrative agent for Client and it does not undertake to perform Client’s compliance obligations under the FCA or SCDEA.
    • Client hereby agrees to defend, indemnify, and hold WFQA harmless from and against any claim, suit, agency action or the like premised upon any of the following assertions: (i) that WFQA is an administrative agent for Client, (ii) that WFQA is deemed to have aided and abetted Client’s violation of the FCA or SCDEA in its provision of Background Screening Services to and for Client, or (iii) that WFQA violated NYC’s Human Rights Law in its provision of Background Screening Services to Client.
  • Vermont.  If the Client is domiciled, located, or operating as an employer in the State of Vermont, and/or the Client’s request for and/or use Reports pertains to an Vermont resident or worker, Client hereby certifies the following when ordering credit reports and employment verification reports containing WorkNumber® information provided by the TALX Corporation, a provider of Equifax Verification Services: it has read, understood, and will comply with the Vermont Fair Credit Reporting Act, 9 V.S.A. §§ 2480, including § 2480e.
• Standard Search Procedures. WFQA will use reasonable procedures designed to discover information relating to a Consumer.
  • County Criminal Search Procedures.  With respect to criminal history information located at the county courthouse level, WFQA will search the Predominantly Used Index of the Central Court.  Unless otherwise agreed in writing by the parties, in the ordinary course of providing Background Screening Services, WFQA shall not examine cases filed more than ten (10) years prior to the date the Report is ordered.  From time to time, its discretion, WFQA may expand the search scope beyond ten years, but Client understands, acknowledges, and agrees that no particular expansion of search scope, nor any reporting of cases filed more than ten years prior to the Report order date, shall be deemed to be an agreement or commitment by WFQA to search beyond ten years by file date for any other particular order.
  • Statewide Criminal Search Procedures.  With respect to statewide criminal searches, WFQA shall use the public record resource that is, in its commercially reasonable judgment, both readily accessible and reasonably complete.  Some statewide criminal searches will be conducted with the state law enforcement (executive) agency, while others will be conducted with the state (judicial) administrative office of courts.  Please note: in some states, WFQA does not offer a statewide search; in other states, no statewide search is made available by the state to the public.  If Client desires WFQA to examine a particular statewide judicial or executive source, it must notify WFQA in writing and secure WFQA’s written agreement to use that particular source in lieu of its standard source.  Client acknowledges that not all statewide judicial or executive agency systems report criminal history information to the same extent as county-level judicial courthouse searches, and that WFQA therefore recommends both statewide and county criminal searches for maximum state-level search results; furthermore, if a statewide agency returns a “no disposition” or inconclusive information, WFQA will automatically order and charge the Client for a county judicial search to confirm the record.
  • Primary Name. Client understands and acknowledges that WFQA conducts name-based background checks, i.e., WFQA uses the name supplied by the Client or the Consumer (hereafter, the “Primary Name”), along with personal identifying information supplied by them, and examines or requests information from various sources for matching information.  Client understands and acknowledges that WFQA cannot verify that the Primary Name about which it is conducting a background screen is, in fact, the name of the applicant, employee, tenant, or other consumer with whom Client is interacting.  As between Client and WFQA, Client acknowledges that it is responsible for verifying the identity of the individual about whom it requests a Report to confirm the individual is who he represents himself to be.
  • Personal Identifying Information. Client acknowledges that supplying accurate personal identifying information (“PII”) on Consumers is essential to enabling WFQA to conduct an accurate and complete search for information.  Client understands that WFQA will not always catch typographical or clerical errors made by Client or its Consumers when Reports are ordered.  It is Client’s responsibility to review and confirm the accuracy of the PII used to perform the background check.  Client hereby releases, waives, and discharges WFQA and its public record researchers of and from any and all loss, harm, or damage arising from Client’s or a Consumer’s failure to provide accurate PII when requesting a Report.
  • Address History.  Client acknowledges that, where applicable to a Report being prepared, the scope of any Social Security number-based trace report that is generated to create residential address history (“Address History Report”) will be seven (7) years, unless otherwise agreed to in writing by the parties.  Client understands and acknowledges that WFQA makes no representation or warranty regarding the comprehensiveness or completeness of the Address History Report, i.e. a Consumer may have lived at other addresses.  Client also acknowledges and understands that, to the extent it instructs WFQA to search less than all the jurisdictions reported on the Address History Report, WFQA may not be searching a jurisdiction that potentially contains criminal records belonging to the subject Consumer.  Client hereby releases, waives, and discharges WFQA and its public record researchers of and from any and all loss, harm, or damage arising from any instruction from the Client not to search all jurisdictions developed by the Address History Report.  Where Client orders Reports by submitting Authorizations to WFQA for manual ordering, WFQA shall search all locations disclosed on the Authorization unless otherwise provided for in writing from the Client.
  • Scope of Name-based Searches. Client acknowledges WFQA generally only reports information matching the Primary Name.  Client understands that Consumers may have used other names besides their Primary Name, e.g., a maiden name, a prior married surname, a different first name used prior to gender transition, a legal full name change, use of middle name as a first, a diminutive, a slightly misspelled variant of the Primary Name, etc.  Collectively, these alternate names are known as “Also-Known-As” names or “AKAs” or “Aliases.”  On rare occasion, when the data contained in the source record readily permits, WFQA may report a record relating to an AKA; however, as a general course, WFQA only reports Primary Name matches.  Client agrees it will not rely on, assume, or expect WFQA to report a record relating to an AKA when Client has only asked WFQA to search for records relating to the Primary Name.
  • Alias Names.
    • When placing orders for Reports in WFQA’s Platform, Client shall have the option manually to add an AKA to the order for WFQA to search.
    • When Client directs a Consumer to use WFQA’s electronic ordering process, the Consumer will be offered the opportunity to disclose AKAs, and WFQA will search those disclosed AKAs unless Client has established ahead of time that the order is to be placed on hold for the Client to review and decide whether to run the Consumer’s self-disclosed AKA.
    • WFQA has the ability to develop a list of potential AKAs on a Consumer using a commercial database.  WFQA makes no representation or warranty regarding the comprehensiveness of the database, i.e., a Consumer may have used an AKA that is not reported in the database.  Furthermore, Client understands and acknowledges that WFQA may not attribute a criminal case to a Consumer merely because the database reports an AKA name that corresponds to a criminal defendant’s name.  WFQA will use such procedures and protocols as are required to satisfy itself that any AKA attribution is the product of reasonable procedures designed to assure maximum possible accuracy.  Client understands and acknowledges that each AKA searched typically adds significant charges, costs, and fees to the price of a Consumer Report. Client agrees to pay any such additional charges, costs and fees for each AKA searched
• Standard Reporting Procedures.
  • Client acknowledges that WFQA will only report (i) pending criminal cases and (ii) felony and misdemeanor convictions for the seven years preceding the date of the request for a Report, even though the consumer may have convictions which are older than seven years, unless a different reporting scope is expressly agreed to by the parties in writing, such alternate reporting scope being contingent upon, and limited by, the parameters of state law.  Certain low-level convictions, such as ordinance violations, infractions, and traffic violations, may not be reported, even though they may be technically classified as misdemeanor-level offenses under a given state’s law.
  • The time period for determining the reportability of pending cases shall be calculated from the case’s file date.  The time period for determining the reportability of cases with convictions shall be calculated from the date of conviction.  If customer desires to receive convictions occurring more than seven years prior to the date of the Report, it must notify WFQA and the parties must execute an addendum to the Service Agreement expanding both the search and the report scopes.
  • Federal and state consumer reporting laws require WFQA to establish a match of identity between the record containing adverse information and the Consumer; if WFQA cannot establish this identity match to its commercially reasonable satisfaction, WFQA will not report the adverse information.  Client understands and acknowledges that WFQA therefore cannot report all adverse information located, and Client releases, waives, and discharges WFQA and its public record researchers of and from any and all loss, harm, or damage arising from WFQA’s decision not to report adverse information because, in its sole discretion and determination, an identity match could not be established.
  • Client understands and acknowledges that, when reporting criminal history information obtained from a records of arrests and prosecutions sheet (a “RAP Sheet”) procured from a statewide law enforcement (executive) agency, WFQA in its role as a consumer reporting agency cannot report all information contained therein, even though state law may require Client to obtain a complete and unredacted copy of the RAP Sheet.  If Client is required to obtain and maintain in its files a complete copy of a RAP Sheet, WFQA recommends Client purchase a third-party administrative record retrieval service.
• Reporting of Non-Conviction Adverse Information.
  • The term “Non-Conviction Adverse Event” shall mean any adverse item about a consumer other than a criminal conviction as that term is defined under applicable state or federal law.  The following is an illustrative list of examples of Non-Conviction Adverse Events: (a) records of arrest not leading to conviction, (b) dismissed criminal charges, (c) juvenile adjudications, (d) completed deferred adjudications, (e) dismissed or vacated convictions, (f) dispositions which may qualify as convictions under federal law but which do not constitute convictions under state law, (g) moving violation reports, (h) driver’s license suspensions, (i) adverse professional licensing actions, (j) sanctions or exclusion history information, and (k) civil suit information.  Note: this list is not exhaustive.  As a general principle, unless an adverse event is a conviction, it should be considered a Non-Conviction Adverse Event; however, pending charges are not considered Non-Conviction Adverse Events unless the file date of the case is older than seven years.
  • WFQA does not ordinarily report Non-Conviction Adverse Events, even if they occurred in the last seven years, unless one of the following applies: (a) Client orders a specific search that pertains to Non-Conviction Adverse Events, such as driver’s license reports, sanctions and exclusion searches, professional licensure verifications, and civil searches; or (b) the parties agree in writing that WFQA shall furnish Non-Conviction Adverse Events, subject to any limitations on reporting imposed by federal and state consumer reporting laws as well as any other limitations as to the scope and extent of reporting agreed upon by the parties.  Client understands and acknowledges that, from time to time, WFQA may in its sole discretion cease reporting Non-Conviction Adverse Events, provided, however, that WFQA shall provide prompt notice of a discontinuation of the reporting of material Non-Conviction Adverse Events.
  • For professional licensing-related sanctions, exclusions, and similar adverse information, WFQA will only report the status of the Primary Name for the last seven years with regard to that adverse information.  For motor vehicle or driving record reports, WFQA will report the information returned by the state department of motor vehicle for the driver’s license number supplied but said information will not exceed seven years of age.  In some states, the motor vehicle bureau only provides less than seven years of information, e.g., three or five years of information.
• Use of Commercial Databases.  Client understands and acknowledges that searches of commercial databases (e.g., national criminal search, Social Security number trace search, and other “instant” searches) are only for the purpose of producing residential address history and criminal history information that may potentially be related to the Consumer.  WFQA will not report such information to Client.  Client agrees that it will not take any adverse action against a Consumer on the basis of an open or pending search by WFQA of a commercial database, but it will instead wait for WFQA’s report of any information from judicial or executive agency public record repositories.
• Underlying Data.  WFQA is not a data aggregator.  Some of the data it uses in compiling its Reports is licensed, and it otherwise does not archive all data upon which it relies in preparing and assembling Reports.  Data may be discarded, deleted or otherwise not saved once any given Report is completed.
• Evolving Reporting Standards.  WFQA will exercise its judgment consistent with federal and state laws and regulations and industry best practices in determining whether adverse information is legally reportable. Due to the continuing evolution of the law with regard to what is, and is not, legally reportable under federal and state consumer reporting statutes, the foregoing reporting procedures are subject to change from time to time. Client acknowledges, understands, and agrees that WFQA, in its sole and absolute discretion, may modify, change, expand, or narrow the scope and extent of what it reports.
• Intellectual Property.  Under these particular terms and conditions, WFQA is in the business of providing consumer reporting services.  Any information supplied to Client, irrespective of its format, is not “work made for hire.”  WFQA is the sole and exclusive owner of all right, title, and interest in and to its consumer files, all Consumer Information contained therein, and any Consumer Reports furnished therefrom.  WFQA only grants to Client a revocable, non-exclusive, non-transferable, limited license to use any Consumer Information supplied for Client’s internal purpose only.  Client shall not compile, store, aggregate, use, re-sell, distribute, or disseminate consumer information for commercial purposes.
• Management of Consumer Data.
  • WFQA, in its sole and absolute discretion, may delete Consumer Reports and related documents in accordance with its internal retention and deletion policy. Client understands and acknowledges that (i) WFQA does not retain Consumer Reports or associated documents on Client’s behalf for any period of time; (ii) should Client desire to maintain its own archival copy of Consumer Reports and related documents, that it must download them as they are received; and (iii) a technology fee will be charged to the Client, should it request a periodic mass export of archival Reports. Client is not eligible for a mass export if it has an outstanding, past-due balance.
  • If the Service Agreement terminates or if the Client’s account is suspended due to non-payment, Client’s access to WFQA’s Platform will be deactivated and Client will not retain access to archival Reports.
  • In the event Client assigns its rights and/or obligations under the Service Agreement and these Background Screening Terms & Conditions to another party pursuant to the relevant terms of the Service Agreement, WFQA reserves the right, in its sole and absolute discretion, to decline to provide the Client’s assignee with access to or copies of Consumer Reports procured by or on behalf of the Client if WFQA determine, in its sole discretion, that doing so may violate federal or state consumer reporting laws and regulations.
• Limited Warranties.  WFQA warrants and represents that it shall follow reasonable procedures to assure maximum possible accuracy (as defined by 15 U.S.C. § 1681e(b)) of the information concerning the individual about whom the Report relates; WFQA further warrants that the information contained in a Report will be the information supplied by the Furnisher, subject to any and all restrictions imposed by federal and state laws on the nature, scope and extent of information that is permitted to be disclosed by a Consumer reporting agency; moreover, since WFQA is not the Furnisher of the information, and the information that is supplied by the Furnisher to WFQA is supplied “as is,” WFQA can likewise only supply the information to the Client “as is.”  WFQA is required by law to disclose that its Reports do not guarantee the accuracy or truthfulness of the information contained therein, but only that it is accurately copied from public records, where applicable.  This Limited Warranty is in lieu of all other warranties, expressed or implied, in fact or in law, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose.
• Client acknowledges that it understands the federal Fair Credit Reporting Act provides that any person who knowingly or willfully obtains information from a Consumer reporting agency under false pretenses shall be fined under Title 18, or imprisoned for not more than two years, or both.  Client hereby agrees to defend, indemnify, and hold WFQA harmless of and from loss, damage, or claim arising out of or related to any misrepresentation or fraudulent certification(s) made by Client.

Last Updated: 2024