First of all, be aware that ALL tri-merged (3-in-1) reports are INCOMPLETE and may even include DIFFERENT data than the “real” credit reports lenders get.
Please read FICO Credit Scoring BASICS for more info.
Since a client in the middle of a refinance wanted to see what the current reported balances are, I thought she could try the Trans Union-owned TrueCredit. However, the offer she got was for a 7-day trial for only Trans Union reports and below is the link to get a free tri-merged report, but there are a few things you ought to know.
The TrueCredit fraud and deception.
According to Trans Union’s attorneys, the credit reports sold at TrueCredit are NOT “consumer disclosures” as defined by the Fair Credit Reporting Act (FCRA) and therefore it is legal to mislead consumers into wasting their hard-earned money.
The TrueCredit credit reports do NOT contain:
- all information reported to creditors
- all information required to be disclosed to consumers according to the FCRA
TrueCredit reports MAY contain:
- DIFFERENT information than what is reported to creditors.
Of course TrueCredit does NOT disclose any of this to consumers as their profits are much more important to them than being honest and complying with the law.
Trans Union has always focused on MARKETING and the FTC sued Trans Union several times for illegally using and selling consumer credit report data to market.
That was prior to 2000, when President Bush took over and directed the FTC to do whatever it takes to ensure that the bankers and credit bureaus maximize profits at the peoples’ expense. Unfortunately, President Obama is as corrupt as any politician and you all know what happened to the promised “change.” The corporations run the planet.
Do NOT click on the countless TrueCredit ads for debt elimination, credit cards and mortgage rates.
You are subjecting yourself to ID THEFT, as many of these companies will sell all your personal information to the highest bidders.
Obviously, the highest bidders are often criminals like Mark Cella and his now defunct debt elimination scam FDRS. Quite likely, your data will be sold to MULTIPLE bidders who then sell your data again if you don’t respond to their shady offers.
So, now that you know what you’re in for, get your free tri-merged report if you need only partial info, such as current balances and an overview of your credit and it’s not important if creditors get some different data.
You do need to provide your CREDIT CARD info to get the free tri-merged report and since you need to cancel within 7 days to avoid getting charged $14.95, order your report (you only get ONE report every 30 days), SAVE it to your hard drive (make sure it saves correctly) and then immediately CANCEL.
How to cancel?
|Q:||When can I cancel?|
|A:||You can cancel with no obligation at any time during the free trial, or any time afterward.|
Of course they make it difficult to cancel so that they can charge the $14.95. During my own most frustrating attempts to cancel I learned that you can NOT cancel online. I just read the FAQ, help page, etc. and found NOTHING on how to cancel.
You have to call:
Talk to a Customer Service Team member.*
Monday through Thursday, 8 a.m. to Midnight
Friday through Sunday, 8 a.m. to 8 p.m.
Call toll-free (800) 493-2392
Nobody should have to read through THIS:
Welcome to the TrueCredit web site, www.TrueCredit.com, (the “Site”). This Service Agreement (“Agreement”) contains the terms and conditions upon which you (“you,” or the “member”) may access and use TrueCredit or any products through the Site. You agree to be legally bound by these terms.
THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER.
YOU MUST SCROLL DOWN, READ AND ACCEPT THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE PERMITTED TO REGISTER FOR AND PURCHASE THE TRUECREDIT PRODUCT.
TrueCredit is not a credit repair organization, or similarly regulated organization under other applicable law, and does not provide credit repair advice. We do not claim that we are able to “clean up” or “improve” your credit record, credit history or credit rating.
TrueCredit credit monitoring monitors only the credit file associated with the purchasing consumer, and does not monitor, compare or cross-references the credit file associated with the purchasing consumer to any other credit file(s) maintained by the applicable credit bureau(s).
IN ORDER TO DELIVER THE PRODUCT TO YOU, WE MUST OBTAIN YOUR CONSUMER CREDIT FILE AND OTHER INFORMATION. YOU HEREBY AUTHORIZE TRUECREDIT TO ACCESS YOUR CREDIT FILES FROM EACH NATIONAL CREDIT REPORTING AGENCY AND TO EXCHANGE CERTAIN INFORMATION ABOUT YOU WITH EACH SUCH NATIONAL CREDIT REPORTING AGENCY IN ORDER TO VERIFY YOUR IDENTITY AND PROVIDE TRUECREDIT TO YOU.
MANY GOVERNMENT RECORDS ARE AVAILABLE FREE OR AT A NOMINAL COST FROM CERTAIN GOVERNMENT AGENCIES. IN ADDITION, CREDIT REPORTING AGENCIES ARE REQUIRED BY APPLICABLE FEDERAL AND STATE LAW TO FURNISH YOU A COPY OF YOUR CREDIT REPORT UPON REQUEST, IN SOME INSTANCES AT NO CHARGE, OR FOR A NOMINAL FEE, SEE “FAIR CREDIT REPORTING ACT” BELOW.
FOR CUSTOMERS WITH A GIFT CERTIFICATE CODE, OBTAINED THROUGH A THIRD-PARTY PROVIDER: YOUR GIFT CERTIFICATE ENTITLES YOU TO RECEIVE FREE PRODUCT(S) PURSUANT TO THE TERMS OUTLINED BY YOUR PROVIDER. THERE WILL BE NO CHARGE MADE TO YOU FOR THESE SERVICES, THE SERVICES WILL NOT BE RENEWED AT THE END OF THE SERVICE PERIOD AND YOUR CREDIT CARD WILL NOT BE CHARGED. IF YOU DESIRE SERVICES FROM TRUECREDIT AFTER THE END OF THE SERVICE PERIOD PROVIDED BY YOUR FINANCIAL INSTITUTION THROUGH THE GIFT CERTIFICATE, IT WILL BE NECESSARY TO ORDER THE PRODUCTS AVAILABLE AT THE THEN MARKET RATE.
The terms of any free trial are specific only to the product subject to the free trial. TrueCredit will verify your billing information before processing your order. An authorization will be requested from your billing account to make sure it is valid and in good standing. TrueCredit will not bill your account until the relevant free trial period is completed and you have not cancelled your subscription during such trial period as provided below. If you upgrade to a new monitoring subscription during a free trial, you will lose all benefits to the trial and will be billed immediately for the upgraded service. You may cancel your subscription at any time during the trial period without charge. If you wish to continue your subscription, do nothing and your subscription will automatically continue without interruption. The monthly fee (plus sales tax, if applicable) will be charged at the conclusion of the trial period to the credit card or bank account you designated as your preference or, if you have not designated a preference, the account that was most recently used on the Site and your subscription will continue automatically, billable monthly at the prevailing rate. To cancel your subscription please contact our Customer Service Team. For contact information and hours of service go to https://www.truecredit.com/contact.jsp.
When you become a member entitled to Credit Monitoring, you understand that it is a membership that automatically renews itself every month indefinitely without action by the member on the anniversary day of your initial purchase. The monthly membership fee will be billed to the credit, debit or bank account that you designated as your preference, or if you have not designated a preference, to the account most recently used on the Site. Should the billing fail to authorize, you will be notified via email immediately. The benefits of your membership (including, without limitation, online credit reports and daily monitoring alerts) will be suspended until payment is received provided payment is received within 25 days. If payment is not received within 25 days, any previous alerts you may have received will be purged from your account, and your membership will be canceled. An enrollee whose membership fee has been paid is entitled to all privileges included in the membership until the membership is canceled by the enrolled member or otherwise terminated as described later in this document. Upon cancellation, the member loses access to the areas of the Site designated for members only and loses access to the member’s data and other benefits. This could include any credit data and analyses that have been displayed during the membership. A member may cancel at any time. Should you decide to cancel your subscription a Customer Service representative can arrange for all future renewal fees to be canceled. However, please note that neither full nor pro-rated refunds will be given for the current month. Any free trial is available one time only per customer. Once any free trial has been canceled all subsequent orders will be billable at the prevailing monthly subscription rate.
Credit reports, credit scores and debt analysis will be available for a period of up to two years or until you update your report, otherwise, products will be provided for the period stated in the product description. Enrollment in a monitoring program will usually occur within 24 hours but may be delayed. If TrueCredit is unable to confirm enrollment for any reason, notification will be made by TrueCredit to the email address we have on record for you at the time of the notice.
Memberships, such as monitoring products, automatically renew indefinitely without action by the member, and the membership fee is charged to the member at the time of renewal. An enrollee whose membership fee has been paid is entitled to all privileges included in the membership until the membership is cancelled by the enrolled member or otherwise terminated as described later in this document. Consent to obtain credit data to fulfill the benefits of subscription products shall be valid under the program until cancelled. Upon cancellation, the member loses access to the areas of the Site designated for members only and loses access to Fraud Resolution Services. This could include any credit data and analyses that have been displayed during the membership. A member may cancel at any time. To cancel your membership please contact our Customer Service Team. For contact information and hours of service go to https://www.truecredit.com/contact.jsp.
When you become a member entitled to ID Fraud-Watch™, Weekly Credit Alerts, TransUnion Credit Monitoring, 3-Bureau Credit Monitoring, Debt Monitoring and/or Credit Score Monitoring, you understand that it is a membership that automatically renews itself indefinitely. TrueCredit will charge the membership fee to the credit, debit or bank account that was last used on the Site, at the then prevailing rate, and your membership will continue automatically. Should your billing account fail to authorize, you will be notified via email immediately. The benefits of your membership (including, without limitation, online credit reports and credit monitoring alerts) will be suspended until payment is received provided payment is received within 25 days. If payment is not received within 25 days, any previous alerts you may have received will be purged from your account, and your membership will be cancelled.
Credit Monitoring (including TransUnion Credit Monitoring, 3-Bureau Credit Monitoring, and other credit monitoring products offered on or through this site) is provided by TransUnion Interactive, Inc. Credit Monitoring monitors one or more of your credit files, depending upon the type of Credit Monitoring you purchase, which are separately owned and/or maintained by each of the applicable credit bureaus: TransUnion LLC, Experian, and Equifax. Credit Monitoring monitors the credit file most closely identified with you based on multiple identifying factors such as first, middle and last names, current and former addresses, Social Security number and date of birth. Credit Monitoring may not advise or alert you if an item of identifying information about you (including your name or address or Social Security number) is contained in the applicable credit bureau’s credit file of another person, and will not provide you with any information contained in another individual’s credit file. Credit Monitoring does not monitor, compare or cross-reference your credit file (s) with the credit files(s) of any other person.
TrueCredit maintains the Site to provide you with information about our memberships, products and services and to facilitate communication with us and our affiliates. From time to time we may revise these terms and conditions. Revisions will be effective when posted or as otherwise stated. Additional terms and conditions may apply to specifics of our memberships, products and services or to participate in our affiliate program, contests or surveys.
The images, text, screens, web pages, materials, data, content and other information (“Content”) used and displayed on the Site, including but not limited to TransUnion Interactive™, TransUnion Interactive™ and Design, TrueCredit™, TrueCredit™ and Design, FreeCreditProfileSM, FreeCreditProfileSM and Design, KnowYourLoanRateSM, KnowYourLoanRateSM and Design, 123 Credit Reports™, 123 CreditReports.com™, 123 CreditReports.com™ and Design, Manage Your Credit Manage Your Life™, TruePlanner™, Credit InformSM, TrueScore™, TrueRates™, TrueProfilerTransUnion’s TransRisk New Account ScoreSM, Credit MonitoringSM, ID Fraud-Watch™, Debt MonitoringSM , and Credit Score MonitoringSM are the property of TrueCredit or its licensors and are protected by copyright, trademark and other laws. In addition to its rights in individual elements of the Content within the Site, TrueCredit owns copyright or patent rights in the selection, coordination, arrangement and enhancement of such Content. You may copy the Content from the Site for your personal or educational use only, provided that each copy includes any copyright, trademark or service mark notice or attribution as they appear on the pages copied. Except as provided in the preceding sentence, none of the Content may be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written permission of TrueCredit or the owner of the Content.
OUR SITE, INCLUDING ALL CONTENT, MEMBERSHIPS, PRODUCTS AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE, IS PROVIDED TO YOU “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER TRUECREDIT NOR ITS AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AS TO THE CONTENT, MEMBERSHIPS, PRODUCTS OR SERVICES AVAILABLE ON OR ACCESSED THROUGH THE SITE, THAT A USER WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SITE, MEMBERSHIPS, PRODUCTS OR SERVICES OR THAT OUR SITE, MEMBERSHIPS, PRODUCTS OR SERVICES WILL BE ERROR-FREE. IN ADDITION, TRUECREDIT AND ITS AFFILIATES DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND INFORMATIONAL CONTENT. THEREFORE, YOU AGREE THAT YOUR ACCESS TO AND USE OF OUR SITE, MEMBERSHIPS, PRODUCTS, SERVICES AND CONTENT ARE AT YOUR OWN RISK. BY USING OUR SITE, YOU ACKNOWLEDGE AND AGREE THAT NEITHER TRUECREDIT NOR ITS AFFILIATES HAVE ANY LIABILITY TO YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF OUR SITE, CONTENT, MEMBERSHIPS, PRODUCTS OR SERVICES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT.
TrueCredit is not responsible for any overdraft/over-the-limit charges or bank fees triggered by your order being processed or billed. We suggest using a credit card rather than a debit card. Refunds will not be issued if we have successfully located and delivered your order to you.
Fraud Resolution Services
If you are a credit monitoring member, TrueCredit will provide you with certain fraud resolution services outlined below (the “Fraud Resolution Services”) during the period that you are a member. TrueCredit and its third party service providers are obligated only to provide services in the United States to members domiciled in the United States. The Fraud Resolution Services are provided by Trans Union, LLC, the parent of TrueCredit, under an agreement with TrueCredit.
In no event shall TrueCredit or Trans Union, LLC be liable for consequential damages, for any delay in Fraud Resolution Services, or for loss of use of funds during the period that your service request is being processed. TrueCredit and TransUnion, LLC shall not be obligated to provide Fraud Resolution Services, nor shall it be liable, if you have not provided complete, accurate and current information relating to your service request. TrueCredit and Trans Union, LLC are not obligated or responsible for providing Fraud Resolution Services for any service request based on (a) an act of fraud, deceit, collusion, dishonesty or criminal act by you or any person acting in concert with you, or by any authorized representative of you, whether acting alone or in collusion with you or others, (b) authorized charges that you have disputed based on the quality of goods or services, (c) authorized account transactions or trades that you have disputed, or are disputing, based on the execution (or non-execution) of electronic transfers, trades or other verbal or written instructions or directions, (d) losses, damages or expenses arising out of any business pursuits, (e) any losses, damages or expenses that were incurred or commenced prior to your credit monitoring membership commencement, and (f) theft or damages of traveler’s checks, tickets of any kind, negotiable instruments, cash or its equivalent, circulating currency, passports, documents, real property, animals, living plants or consumable items, motorized vehicles of any type, watercraft, aircraft, and items intended for storage, transport, display or habitation.
TRUECREDIT AND TRANSUNION EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS AGREEMENT OR FRAUD RESOLUTION SERVICES HEREUNDER. TRUECREDIT AND TRANSUNION DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE. TRUECREDIT AND TRANSUNION DO NOT WARRANT THAT ANY FRAUD RESOLUTION SERVICES PROVIDED PURSUANT TO THIS AGREEMENT ARE NON-INFRINGING, THAT THEY WILL MEET YOUR REQUIREMENTS OR THAT THEIR OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. TRUECREDIT AND TRANSUNION’S LIABILITY IS LIMITED TO THE SERVICES EXPLICITLY SET FORTH IN THIS AGREEMENT. IN NO EVENT SHALL TRUECREDIT OR TRANSUNION BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, (WHICH SHALL INCLUDE WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS). IN NO EVENT SHALL TRUECREDIT OR TRANSUNION BE LIABLE FOR ANY LOSS ARISING OUT OF TRUECREDIT OR TRANSUNION’S PERFORMANCE OR NON-PERFORMANCE OF ITS SERVICE. IN NO EVENT SHALL TRANSUNION BE LIABLE FOR ANY DELAY IN PROVIDING SERVICES, OR DAMAGES RESULTING FROM ANY DELAY IN SERVICES. IN NO EVENT SHALL TRUECREDIT OR TRANSUNION HAVE ANY ADDITIONAL LIABILITY TO YOU EXCEPT AS STATED HEREIN. IN NO EVENT SHALL THE LIABILITY OF TRUECREDIT AND TRANSUNION EXCEED THE FEES YOU PAID FOR THE FRAUD RESOLUTION SERVICES IN THE PRECEDING TWELVE MONTHS.
Identity Theft Insurance
The identity theft insurance benefit for credit monitoring members is underwritten and administered by AIG and its affiliates under a master group policy issued to TransUnion Interactive (doing business as TrueCredit) for the benefit of credit monitoring members. A summary of the terms of coverage are set forth on the certificate of insurance located at http://www.truecredit.com/popup/idTheftInsurancePopup.jsp. The complete policy is available from TrueCredit on request. AIG administers all claims and TrueCredit shall have no responsibility with respect to such identify theft benefit.
In the event you purchase a product that includes TrueCredit Lock, you acknowledge that some of the features of TrueCredit lock may be available to you under the laws of certain states. In the event you cancel any subscription that includes TrueCredit Lock as a benefit you will cease receiving TrueCredit Lock upon cancellation.
You acknowledge that TrueCredit Lock will only prevent delivery of your TransUnion credit report. It will not apply to your Equifax or Experian credit report. Remember that while a credit lock prevents most third party access to your credit report, a third party may access a locked report in certain instances that are considered a low risk for identity theft, such as official government investigations, collection activities and insurance underwriting and claims administration.
Registration and Accurate Information
If you decide to register on our Site, become a member of one of our membership programs, purchase our products or services or participate in our affiliate program, contests or surveys, you may be required to register, provide personal information, and select a user name and password. You agree to provide accurate information in your registration and not to share your password with third parties. You agree not to impersonate another person or to select or use a user name or password of another person. You agree to notify TrueCredit promptly of any unauthorized use of your account and of any loss, theft or disclosure of your password. Failure to comply with these requirements shall constitute a breach of these terms and conditions and shall constitute grounds for immediate termination of your TrueCredit account and your right to use the Site. Online access to consumer credit report information is subject to verification of the identity of the user.
By using our Site, becoming a member of one of our membership programs, or purchasing any of our products or services, you agree that we may use and share your personal information in accordance with the terms of our Privacy Statement. In the event you indicate that you want to receive offers from TrueCredit, your information may be used to serve relevant ads to you when you visit the site. Our privacy statement can be reached from the link at the top of this page.
Fair Credit Reporting Act
The Fair Credit Reporting Act allows you to obtain from each credit reporting agency a disclosure of all the information in your credit file at the time of the request. Full disclosure of information in your file at a credit reporting agency must be obtained directly from such credit reporting agency. The credit reports provided or requested through our Site are not intended to constitute the disclosure of information by a credit reporting agency as required by the Fair Credit Reporting Act or similar laws.
Under the Fair Credit Reporting Act you are entitled to receive an annual free disclosure of your credit report from each of the national credit reporting agencies. For more information visit the credit report section in the Learning Center, available from most pages of the Site.
You are entitled to receive a free copy of your credit report from a credit reporting agency if:
· You have been denied or were otherwise notified of an adverse action related to credit, insurance, employment, or a government granted license or other government granted benefit within the past sixty (60) days based on information in a credit report provided by such agency.
· You have been denied house/apartment rental or were required to pay a higher deposit than usually required within the past sixty (60) days based on information in a credit report provided by such agency.
· You certify in writing that you are unemployed and intend to apply for employment during the sixty (60) day period beginning on the date on which you made such certification.
· You certify in writing that you are a recipient of public welfare assistance.
· You certify in writing that you have reason to believe that your file at such credit reporting agency contains inaccurate information due to fraud.
In addition, if you reside in the state of Colorado, Maine, Maryland, Massachusetts, New Jersey, or Vermont, you are entitled to receive a free copy of your credit report once a year and if you reside in the state of Georgia, you are entitled to receive a free copy of your credit report twice a year. Otherwise, a consumer reporting agency may impose a reasonable charge for providing you with a copy of your credit report.
The Fair Credit Reporting Act provides that you may dispute inaccurate or incomplete information in your credit report. YOU ARE NOT REQUIRED TO PURCHASE YOUR CREDIT REPORT FROM TRUECREDIT IN ORDER TO DISPUTE INACCURATE OR INCOMPLETE INFORMATION IN YOUR REPORT OR TO RECEIVE A COPY OF YOUR REPORT FROM EQUIFAX, EXPERIAN OR TRANSUNION, THE THREE NATIONAL CREDIT REPORTING AGENCIES, OR FROM ANY OTHER CREDIT REPORTING AGENCY.
It may be the policies of Equifax, Experian and/or TransUnion to provide a complimentary copy of the consumer credit report under circumstances other than those described above. If you wish to contact Equifax, Experian or TransUnion to obtain a copy of your credit report directly from such agency or if you wish to dispute information contained in an Equifax, Experian or TransUnion credit report file, see the contact information and dispute process description contained in the Learning Center or from the inaccuracies tab on your credit report. The form of credit report and related disclosures provided directly by such agencies to you may differ from those provided by TrueCredit.
TrueCredit’s online credit report has been specially designed for consumer ease-of-use. Color illustrations, analysis information and helpful links on TrueCredit’s credit report make it easy for you to understand and manage your credit.
Term and Termination; Modification
This Agreement will take effect at the time you click “I Accept,” and shall terminate (a) when the member cancels his/her membership by contacting TrueCredit via the toll-free number set forth on the web site for cancellations, or (b) upon termination of your membership or (c) if TrueCredit discontinues providing any membership, subject to your right to receive membership benefits that you have paid for or to obtain a refund of a portion of your payment.
TrueCredit products shall not be used in a manner that defrauds or otherwise abuses the credit reporting or credit scoring systems. TrueCredit has the right to suspend or terminate your use of any product or access to our sites if we determine, in our sole discretion, that your use of our products has abused the credit reporting or credit scoring systems. Further, you agree that TrueCredit will not be liable to you or any third party if TrueCredit suspends or terminates your access for any reason.
TrueCredit may (i) change the terms of this Agreement or the feature of the membership products, or (ii) change the Site, including eliminating or discontinuing any content or feature of the Site, restricting the hours of availability, or limiting the amount of use permitted, by posting notice of such modification on a page of the Site before the modification takes effect. All changes shall be effective immediately upon posting of such notice. If you use the Site and/or your membership after TrueCredit has notified you of a change in the Agreement, you agree to be bound by all of the changes. You are expected to review the Site periodically to ensure familiarity with any posted notices of modification.
You should send any notices or other communications regarding our Site, your membership, products or services to TrueCredit, Inc., 100 Cross Street, Suite 202, San Luis Obispo, CA 93401.
TrueCredit is a trademark of TransUnion Interactive, Inc., a Delaware corporation based in San Luis Obispo, California.
Except as otherwise provided, we may send any notices to you to the most recent e-mail address you have provided to us or, if you have not provided an e-mail address, to any e-mail or postal address that we believe is your address. If you wish to update your registration information, please log in to your account and visit the ‘Your Account’ section from the main menu.
The laws applicable to the interpretation of these terms and conditions shall be the laws of the State of Delaware, USA, and applicable federal law, without regard to any conflict of law provisions. TrueCredit can provide credit reports only for individuals who have established credit in the United States. Those who choose to access this Site, or become a member in one of our membership programs, from outside the United States do so on their own initiative and are responsible for compliance with local laws. You agree that any and all disputes arising under this Agreement or out of TrueCredit’s provision of services to you, pursuant to this membership or otherwise, if submitted to a court of law shall be submitted to the state and federal courts of New Castle County, Delaware, USA.
Policy Regarding Children
We define children as individuals under the age of 16. Our Web Site is not intended for the use of children and we do not intend to collect information about children through our Web Site. You must be at least 18 to access any products through this website or to join TrueCredit as a member entitled to membership benefits.
AGREEMENT TO RESOLVE DISPUTES BY BINDING INDIVIDUAL ARBITRATION
THIS SECTION IS AN AGREEMENT TO ARBITRATE DISPUTES (“ARBITRATION AGREEMENT”) THAT MAY ARISE AS A RESULT OF YOUR TRUECREDIT MEMBERSHIPS, PRODUCTS OR SERVICES OR THE AGREEMENT. READ THIS SECTION CAREFULLY. YOU UNDERSTAND AND AGREE THAT BOTH PARTIES WOULD HAVE HAD A RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, BUT BOTH PARTIES WOULD HAVE HAD A RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, BUT BOTH PARTIES BY ENTERING INTO THIS AGREEMENT CHOOSE TO HAVE ANY DISPUTE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY NOT BE AVAILABLE OR MAY BE MORE LIMITED IN ARBITRATION, INCLUDING YOUR RIGHT TO APPEAL.
RIGHT TO REJECT ARBITRATION
YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT, BUT YOU MUST EXERCISE THIS RIGHT PROMPTLY. You must notify us in writing within sixty (60) days after the date you click-on to “Accept” the Agreement. You must send your request to: TrueCredit, 100 Cross Street, Suite 202, San Luis Obispo, CA 93401. This request must include your 16-digit account number and a clear statement of your intent, such as “I reject the arbitration clause in the TrueCredit Service Agreement.”
In consideration for our willingness to provide you with access to TrueCredit or any services or products through the Site as set forth in the Agreement, you and we agree as follows:
You agree that any dispute, claim or controversy (“Claim”) between you and TrueCredit or its parent, TransUnion, our agents, contractors, employees, officers or assignees, arising out of or relating in any way to this Agreement, your purchase and use of a TrueCredit product or use of this Site, including, without limitation, tort and contract claims, claims based on any federal, state or local statute, law or regulation and the issue of arbitrability must be resolved exclusively by binding arbitration, except for the validity, scope or enforceability of this Arbitration Agreement. However, we will not demand arbitration pursuant to this Arbitration Agreement in connection with any individual Claim that you properly file and pursue in a small-claims court of your state or municipality, so long as the Claim is pending only in that court.
YOU UNDERSTAND AND AGREE THAT NO CLAIM, DISPUTE OR CONTROVERSY MAY BE CONSOLIDATED WITH A DISPUTE OF ANY OTHER PERSON IN ARBITRATION, OR RESOLVED ON A CLASS-WIDE BASIS BY A CLASS ACTION OR OTHER PROCEEDING AND YOU HEREBY WAIVE YOUR RIGHT TO COMMENCE OR PARTICIPATE IN ANY SUCH COLLECTIVE OR REPRESENTATIVE PROCEEDING. Unless a different procedure is required by applicable law, the arbitration will be conducted before a single arbitrator in accordance with the rules of the American Arbitration Association (“AAA”), including the AAA’s Supplementary Procedures for Consumer-Related Disputes.
A demand for arbitration under this Arbitration Agreement may be made either before or after a lawsuit or other legal proceeding begins. However, any demand for arbitration that is made after a lawsuit or other legal proceeding has begun must be made within 90 days following the service of a complaint, third-party complaint, cross-claim or counterclaim or any answer thereto or any amendment to any of the above.
You understand and agree that before you take a dispute to arbitration under this Agreement, you must first contact our customer account representatives and give us an opportunity to resolve this dispute. Similarly, before TrueCredit takes a dispute to arbitration, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty days from the date you or TrueCredit is notified by the other of a dispute, either party may then contact the AAA in writing and request arbitration of the dispute. Information about the arbitration process and the AAA’s arbitration rules and its fees are available from the AAA on the Internet at http://www.adr.org.
The cost of any arbitration proceeding shall be divided as follows:
· If you initiate arbitration, you will be responsible for paying one half of the filing fee, or $125.00, whichever is less, when the demand for arbitration is made.
· If we initiate arbitration, we will be responsible for paying all arbitration costs.
· Regardless of who initiates the arbitration, you will not be responsible for any arbitration fess that exceed one half of the filing fee, or $125.00, whichever is less, or the fees that you would have incurred if the Claim had been brought in court.
Notwithstanding the foregoing, if you believe the cost of arbitration may be too burdensome, you may seek a waiver of the filing fee under the applicable arbitration rules. If you seek, but not qualify for such waiver, we will consider a written request from you to advance all or part of the filing fee.
The arbitration will be based only on the written submissions of the parties and the documents submitted to the AAA relating to the dispute, unless either party requests that the arbitration be conducted using the AAA’s telephonic, online, or in-person procedures (additional charges may apply for these procedures). Any arbitration proceeding will take place at a location within the federal judicial district that includes the most recent U.S. Mail address we have on file for you at the time the Claim is filed or at any other mutually acceptable location.
The arbitrator will be required to follow relevant law and applicable judicial precedent to arrive at a decision and shall be empowered to grant whatever relief would be available in court. Where authorized by applicable law, the arbitrator’s award may include attorneys’ fees and other expenses. You understand and agree that you and TrueCredit are entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings hereunder shall be governed by and enforceable under the Federal Arbitration Act (“FAA”), 9 U.S.C. §§1-16.
Any party to the arbitration proceeding may enter judgment upon the arbitration award in any court having jurisdiction over the arbitration award and may have that judgment enforced by any court having jurisdiction over that judgment. If this Arbitration Agreement is held to be invalid or otherwise unenforceable for any reason, it will be severed from the Agreement and the parties agree that exclusive jurisdiction and venue for any claims will be within the federal judicial district that includes the most recent U.S. Mail address we have on file for you at the time the Claim is filed or at any other mutually acceptable location.
BECAUSE YOUR PURCHASE AND USE OF A TRUECREDIT PRODUCT OR USE OF THIS SITE REQUIRES THAT YOU CONSENT TO ARBITRATION OF YOUR CLAIMS OR DISPUTES, YOU WILL NOT HAVE THE RIGHT TO PURSUE YOUR CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTIVE PROCEEDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF THAT PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
The arbitrator’s decision shall become final and binding after 30 days unless a party to the arbitration takes an appeal from the decision by making a written request to AAA. The appeal panel, which will consist of three arbitrators, will consider all factual and legal issues anew, will conduct the appeal in the same manner as the initial arbitration, and will make decisions based on the vote of the majority. We will advance any fees and costs required by AAA to commence any appeal. The appeal panel’s decision shall be final and binding.
In the event of a conflict between the applicable arbitration rules and this Arbitration Agreement, this Arbitration Agreement shall govern. To the extent that the class action and collective action waivers contained herein are rendered invalid or unenforceable by applicable law as to any Claims, this Arbitration Agreement shall not apply to such Claims and thus we may elect to proceed exclusively in court. If any other provision of this Arbitration Agreement should be found invalid or unenforceable, such a determination shall not affect the enforceability of the remaining provisions, which shall remain and continue in full force and effect.
This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are null and void.
If any portion of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and carried into effect, to the fullest extent permissible. Any rights not expressly granted herein are reserved.
You represent that you have read this Agreement and TrueCredit’s Privacy Statement, understand their terms, and agree and intend to be legally bound by them. You acknowledge that, in providing you access to and use of the Site and your membership, TrueCredit has relied on your agreement to be bound by the terms of this Agreement.
|TrueCredit Privacy Statement|
|TrueCredit is firmly committed to respecting the consumer’s right to privacy and has created this privacy statement to demonstrate our commitment.|
|Last updated August 17, 2010.|
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