Summary:

The Final Rule under the Fair Credit Reporting Act (FCRA) restricts consumer reporting agencies from providing consumer reports that include negative information stemming from specific forms of human trafficking. Additionally, it outlines a process for trafficking victims to submit relevant documentation to consumer reporting agencies, specifies the procedures for agencies to assess such documentation and reach a decision, and mandates consumer notification procedures.

Instructions for submitting a request to block adverse items resulting from Human Trafficking

We will need you to provide:

1. Appropriate proof of identity.

As part of your submission to us to request a block of adverse items of information that resulted from trafficking. Please provide as much information as possible!

• First, Middle, Last Name
• Any other or previously used names
• Current and/or recent full address (street number and name, apt. no., city, state, and zip code)
• SSN
• DOB
• Additional proof of identity if needed. Copies of government-issued identification documents, utility bills, and/or other methods of authentication of a person’s identity.

2. Trafficking Documentation. This is:

Victim Determination Information

Victim determination is generally defined as documentation of a determination that a consumer is a victim of trafficking, made by either:

• Federal, State, or Tribal governmental entity
• court of competent jurisdiction, which includes certain documents filed in court
• non-governmental organization or human trafficking task force, including victim service providers affiliated with these entities, authorized by a Federal, State, or Tribal government entity; or
• a self-attestation by a consumer who identifies as a victim of trafficking that is signed or certified by a Federal, State, or Tribal government entity, court of competent jurisdiction, or an authorized representative of these entities.

Identified adverse items of information.

This is generally documents that identify items of adverse information that should not be furnished by us because the items resulted from a severe form of trafficking in persons or sex trafficking. An “adverse item of information” could include records containing derogatory information, such as payment delinquencies or defaults, records of coerced debt, records of criminal arrests and convictions, and records of evictions or non-payment of rent.

A preferred means of written communication to you. This can be a mailing address or email address.

Please mail the above information to either of these mailing addresses:

SmartHRCheqs
56 Clifton Country Road
Suite 203
Clifton Park, New York 12065

SmartHRCheqs
1764 Route 9
PO Box 1161
Clifton Park, New York 12065

If you have questions regarding what to provide, please call us at Toll-Free 1.844.998.1100

An overview of the Human Trafficking Regulation can be found here: https://files.consumerfinance.gov/f/documents/cfpb_fcra-trafficking_fast-facts.pdf