All soft credit checks generated require the consumer's permission to do so. Capturing consent using iSoftpull, is a quick and easy process. We offer a variety of consent methods whether it be over the phone, in person, or online. Check out the attached guide for the best consent capture practices.
A. FCRA Compliance--Written Instructions. If the “written instructions” are being obtained online, substantial compliance with the following web site guidelines is required:
(1) End User will obtain the consumer’s written instructions to obtain a consumer report in the online workflow. The written instructions should be a clear and specific statement that the consumer authorizes the user to obtain the consumer report and the purpose(s) for which the report will be used in a form similar to the following:
a. If the written instructions are being obtained directly by End User: “You understand that by clicking on the I AGREE button immediately following this notice, you are providing ‘written instructions’ to (End User) under the Fair Credit Reporting Act authorizing (End User) to obtain information from your personal credit report or other information from Experian. You authorize (End User) to obtain such information solely to conduct a pre-qualification for credit.”
b. If the written instructions are being obtained by a Third Party: “You understand that by clicking on the I AGREE button immediately following this notice, you are providing ‘written instructions’ to (Third Party) and any lender to whom (Third Party) forwards this application under the Fair Credit Reporting Act authorizing (Third Party) and any such lender to obtain information from your personal credit report or other information from iSoftpull, Experian, TransUnion, and/or Equifax. You authorize (Third Party) and any such lender to obtain such information solely to conduct a pre-qualification for credit.”
(2) The instruction language above may be presented:
a. Together with a click box acknowledging the authorization in close proximity to the submission button (e.g. “Submit” or “I Accept” or “Proceed”) only if it is clear and conspicuous as to its placement and prominence with respect to other text on the page. The consumer must not be able to proceed in the process without affirmatively agreeing by clicking the check box; or
b. Alternatively, the authorization may be provided in a linked pop-up or text box, if the name/description of the link is sufficiently clear to put the consumer on notice of its meaning, which could stand independent of the information in the link (for example: “By clicking below, I am providing written instructions to access my credit report as set forth here” or “By clicking below, I am providing my written authorization to obtain a credit report).
(3) A record of the consumer’s ‘written instruction’ via the internet must be retained by End User in a form that is capable of being accurately reproduced for later reference by the parties.
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