Requirements of the Fair Credit Reporting Act
- In compliance with FCRA requirements, Merchant is hereby instructed to provide to any and all customers whose payments are declined by Merchant based solely upon a decline response received from CSG Forte Payments, Inc., a means through which the customer may investigate and challenge non-acceptance of the payment. Merchant shall provide a notice of such procedure to any such declined customers in writing, in a form substantially similar to the following:
“We regret to inform you that we were unable to accept your payment based on financial account information received from the below-named company:
CSG Forte Payments, Inc.
2121 Providence Drive, STE 151
Fort Worth, TX 76106
866-290-5400, Option 1
or ask for Customer Service - Verification Services
You have the right to be told the nature of the financial account information that was provided by this company upon making a written request to the company at the contact information provided above within sixty (60) days of receipt of this notification.“ - The following is a list of permissible uses for the data received through CSG Forte Payments, Inc.'s Verification and Authentication Services (the “Services”) in accordance with section 604(a) of the Fair Credit Reporting Act (“FCRA”):
• In response to a court order or Federal grand jury;
• In accordance with the written instructions of the consumer to whom the information relates;
• In connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer;
• For employment purposes;
• In connection with the underwriting of insurance involving the consumer;
• To determine 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;
• As a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation;
• Otherwise having a legitimate business need for the information, including a) in connection with a business transaction that is initiated by the consumer; and b) to review an account to determine whether the consumer continues to meet the terms of the account.
• For use by state and local officials in connection with the determination of child support payments, modifications, or enforcement thereof.
Account Verification and Authentication Terms and Conditions
ACCOUNT VERIFICATION AND AUTHENTICATION SERVICES
1. Representation by Merchant. Each request for data through the Verification and Authentication
Services shall constitute a representation, warranty and certification by Merchant that the data (i) shall be
used and disclosed only in accordance with the terms of the Agreement, and in accordance with any
applicable Rules or laws; (ii) shall be used solely for the intended use as stated by Merchant on the MSA
and that use is in compliance with the permissible uses under the FCRA as provided in the FCRA
Requirements Addendum located at http://www.forte.net/fair-credit-reporting-act; (iii) Merchant will
follow proper procedures for adverse action notification to its customers, as provided in the FCRA
Requirements Addendum ; and (iv) Merchant acknowledges it has implemented security measures to
prohibit the unauthorized access to the information provided.
2. Use of Services.
2.1 MERCHANT SHALL USE THE VERIFICATION SERVICES ONLY IN CONNECTION
WITH PAYMENTS PRESENTED TO MERCHANT BY ITS CUSTOMERS IN EXCHANGE
FOR GOODS OR SERVICES. MERCHANT SHALL NOT RESELL THE VERIFICATION
DATA OR SERVICES TO ANY THIRD PARTIES.
2.2 Merchant understands and agrees that it cannot decline services to a consumer or customer
after receiving an approval result from FORTE on a verification inquiry unless Merchant is
declining based on other grounds and/or information. Further, if Merchant does decline services
to a FORTE approved consumer or customer based on alternate information, Merchant shall not
provide FORTE’s contact information as recourse for the consumer to pursue a dispute of the
result under FCRA Adverse Action requirements.
2.3 Merchant shall provide to FORTE, as part of a verification inquiry, the accurate amount for
each transaction Merchant wants to verify.
3. Retention of Data. Merchant acknowledges and agrees that it shall not retain, store, compile or
aggregate the results of verification or authentication inquiries received from FORTE except as required
by applicable law or to perform its obligations under this Agreement.