Background Check

Relevant Documents

In connection with your use of the Platform to rent a vehicle, Hiway
may request and rely upon one or more consumer reports that are
obtained from a third party consumer reporting agency (including,
without limitation, Checkr, 1 Montgomery St #2000, San Francisco, CA
94104; (844) 224-3257; checkr.com).

A “consumer report” includes any written, oral, or other communication
of any information by a consumer reporting agency bearing on a
consumer’s credit worthiness, credit standing, credit capacity,
character, general reputation, personal characteristics, or mode of
living that is used in whole or in part as a factor in establishing the
consumer’s eligibility for a purpose authorized under the Fair Credit
Reporting Act and may include, without limitation, reports containing
driver license validity information and driving and or motor vehicle
record information on you from any state in which you have been
licensed to drive, as gathered and communicated by a consumer
reporting agency.

You hereby authorize and direct Hiway, either itself or through a third
party consumer reporting agency, to obtain consumer reports on you
and other information about your background, including investigation
into your motor vehicle or driving record(s). To this end, you hereby
authorize, without reservation, any law enforcement agency,
administrator, state or federal agency, information service bureau, or
any other repository of information to furnish any and all background
information requested by Hiway. This authorization constitutes written
instructions in accordance with the Fair Credit Reporting Act,
applicable consumer reporting laws, or any similar laws to conduct a
background check, where permissible under applicable law.

This authorization will be valid throughout your continued use of this
Platform, until you withdraw your authorization, via email, by
contacting Hiway at [email protected]

In the event that Hiway suspends or terminates your access to the
Platform based wholly or partly on information contained in a
consumer report, you will be notified of this fact and given the name
and address of the consumer reporting agency who provided the report
to Hiway and other information as may be required by federal and/or
applicable state law.

 

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

 

The Fair Credit Reporting Act is a federal statute that imposes certain requirements on companies that conduct background checks using the services of a third-party consumer reporting agency (“CRA”).  A consumer report is defined as “any written, oral, or other communication of any information by a CRA bearing on a consumer’s credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living.”  Consumer reports include information on a person’s driving history obtained for a fee from a CRA, but generally would not include driving record information obtained directly from a state agency such as a DMV.  A company must have a “permissible purpose” under the statute to request a consumer report.  Permissible purposes include requesting a report pursuant to the consumer’s “written instructions,” i.e. authorization, and in connection with a business transaction initiated by the consumer (where the company has a legitimate business need for the information in the report).  Hiway likely falls into both of these categories, allowing the company to request consumer reports, as Hiway would be requesting reports in connection with a transaction initiated by the consumer and will have obtained the consumer’s consent through the Background Checks provision in the Terms of Use agreement.

When a company takes an adverse action against a consumer based in whole or in part on information contained in a consumer report, the company must notify the consumer orally, in writing, or electronically.  The notice must include:

  • The name, address, and phone number of the CRA that supplied the report (if a national CRA, a toll free number);
  • A statement that the CRA that supplied the report did not make the decision to take the unfavorable action and cannot give specific reasons for it;
  • A notice of the consumer’s right to dispute the accuracy or completeness of any information the CRA furnished; and
  • A statement of the consumer’s right to receive a free report from the CRA if he or she asks for it within 60 days.