2009 Credit Suit - the FACTS about Credit, FICO Scoring, Collection and Debt Settlement

6/19/07 FCRA hearings in Congress - how to save webcast?

Full Committee Hearing

Will Examine Consumers’ Ability to Dispute and Change Inaccurate Information

Tuesday, June 19, 2007, 10:00 a.m.,2128 Rayburn House Office Building

Click here to watch live webcast of this hearing.

Financial Services Committee to Hold Hearing on Consumer Credit Reports

Washington, DC – Rep. Barney Frank (D-MA), Chairman of the House Financial Services Committee today announced that the committee will hold a hearing entitled “Credit Reports: Consumers’ Ability to Dispute and Change Inaccurate Information.” The hearing will examine factors that continue to contribute to inaccurate consumer credit reports and evaluate the adequacy of the consumer dispute process under the Fair Credit Reporting Act (FCRA). In addition, the Committee will hear recommendations for improving the process and efforts that furnishers, credit bureaus and the regulators are taking to improve the accuracy of credit report information and will review the status of key rule makings and studies mandated by the Fair and Accurate Credit Transactions Act of 2003 (FACTA) related to the accuracy of information furnished to consumer reporting agencies and the adequacy of the dispute resolution process.

Witness List & Prepared Testimony:

Panel One

Ms. Lydia Parnes, Director, Bureau of Consumer Protection, Federal Trade Commission
Ms. Sandra Braunstein, Director, Division of Consumer and Community Affairs, Federal Reserve System

Panel Two

Mr. Evan Hendricks, Editor/Publisher, Privacy Times
Mr. Stuart Pratt, President and CEO, Consumer Data Industry Association
Ms. Chi Chi Wu, Staff Attorney, National Consumer Law Center
Ms. Anne P. Fortney, Partner, Hudson Cook, LLP
Mr. Leonard A. Bennett, Consumer Litigation Associates, P.C.

Available Member Statements:

Printed Hearing:
The printed version of this hearing will be posted as soon as it is available.

It’s nice that they’ll post the transcript, but I’d sure like to have the VIDEO. I just looked at C-SPAN and couldn’t find anything about it.

If someone knows how to SAVE the live webcast, I’d sure like to know how to get that done on a windows system.

And since it’s unlikely that I’ll figure it out by 7 am (my time) tomorrow morning, maybe somebody could save it for posting here?

Ultimately, I’d like to create free online documentaries for consumers as well as legislators and with excerpts of this and other hearings along with some screenshots of what REALLY happens when consumers dispute.

Your HELP is appreciated!

I spent hours yesterday and today just to find out who the collector is for two unidentified collections. From the Equifax myFICO report:

Collection on debt to: Not on Record
The collection agency “472yc00000” was hired to collect a debt of $187 originally owed to “Not on Record” on account number “[redacted]XXXX”.

Collection agency [?] 472yc00000
Original balance [?] $187
Current balance (as of Jan 01,2007) [?] $206
Status (as of Jan 01, 2007) [?] Unpaid
Date assigned [?] Apr 01, 2005
Date reported [?] Jan 01, 2007
Date last active [?] Sep 01, 2004
Original lender [?] Not on Record
Account number [?] [redacted]XXXX
Account holder [?] Individual [emphasis added]

So before one even begins to talk about disputes, wouldn’t it make sense to talk about the FACT that Fair Isaac has been selling these worthless reports for year and years?

The screenshots of the INCOMPLETE reports

Why is nobody addressing the fact that ALL tri-merged reports are INCOMPLETE? Why are there NO class actions?

So I recommended to my client to order the $2 trial for PrivacyGuard, but even there the collector’s and original creditor’s identity was missing.

I told my client that we could make some assumptions or to buy the Equifax direct report. Fortunately he asked exactly which report to order.

I had a look at the Equifax site. They’re pushing the tri-merged INCOMPLETE reports. They no longer offer the free one month trial for their Gold monitoring service. I tried to find out whether you could order it for just one month or whether there’s a minimum subscription period. Couldn’t find the info, so I went through the order process until I got to the terms.

The Equifax terms are mostly incomprehensible and don’t even relate to the product I tried to order, the Gold Credit Monitoring. But I noticed this interesting term in paragraph 10:

You agree that You will not use any robot, spider or other similar device to monitor or copy any pages of this Site or any content or information accessible through this Site. [emphasis added]

Equifax essentially admits that they’re crooks and they don’t want people to keep track of their site and the changes they make. As I already learned in my litigation, Equifax and all CRAs cheerfully lie and deny.

So for good measure, below are the ridiculous, bizarre and incomprehensible Equifax terms you have to agree to as of 6/18/07:

PRODUCT AGREEMENT TERMS OF USE

YOU MUST SCROLL DOWN, READ AND ACCEPT THESE TERMS OF USE, INCLUDING THE ARBITRATION CLAUSE IN PARAGRAPH 23, BEFORE YOU WILL BE PERMITTED TO REGISTER FOR AND PURCHASE ANY PRODUCT FROM THIS WEBSITE.

NOTICE: The products available via this website are not a “Credit Repair Clinic” or a “Credit Repair Service”. By this we mean that we do not claim we can “clean up” or “improve” your credit record, credit history, or credit rating. We do not give advice or assistance on these matters. These items (credit record, history, and rating) are based on your past or historical credit behavior, and accurate and timely adverse credit information based on your past credit behavior cannot be changed. For this reason, you should avoid “credit repair clinics” that claim they can repair your past credit behavior.

1. PROVIDERS OF PRODUCTS. The products (referred to as the “Product” or “Products") available via this website (the “Site") are provided by Equifax Consumer Services, Inc. ("Equifax"). We may partner with one or more other companies ("Suppliers") to provide the Products to you or sell you a Product provided by a Supplier. Equifax and its Suppliers are referred to in this Agreement as “We”, “Us”, and “Our.” You, the person visiting and utilizing this Site, are referred to as “You” and “Yours”.

2. TERMS OF USE. As a condition to Our allowing You to use this Site, You agree to these Terms of Use, including any specific terms and conditions relating to particular Products that You purchase.

3. CREDIT WATCH PRODUCT. The Credit Watch Product is provided by Equifax. Credit Watch monitors your credit file, which is owned and/or maintained by Equifax Information Services LLC ("EIS"), another member of the Equifax family of companies. Credit Watch monitors the EIS 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 Watch will not advise or alert you if an item of identifying information about you (including your name or address or Social Security Number) is also contained in the EIS credit file of another person and will not provide you with any information contained in another’s EIS credit file.

4. Consent. WE MUST RECEIVE YOUR CONSUMER CREDIT FILE AND OTHER INFORMATION IN ORDER TO PROVIDE PRODUCTS TO YOU. YOU AUTHORIZE US TO GAIN ACCESS TO YOUR CREDIT FILES FROM EACH OF THE NATIONWIDE CREDIT REPORTING COMPANIES, INCLUDING ANY MEDICAL INFORMATION THAT MAY BE INCLUDED IN YOUR CREDIT FILES, AND TO EXCHANGE INFORMATION ABOUT YOU BETWEEN US IN ORDER TO AUTHENTICATE YOUR IDENTITY AND PROVIDE THE PRODUCTS TO YOU.

5. Privacy. OUR ONLINE PRIVACY POLICY AND FAIR INFORMATION PRINCIPLES PROVIDE OUR PRIVACY AND OPT OUT NOTICE, DESCRIBE HOW WE MAY USE THE INFORMATION THAT YOU PROVIDE TO US AND APPLY TO YOUR USE OF THE PRODUCTS. BECAUSE THE PRODUCTS ARE WEB-BASED PRODUCTS, YOU AGREE TO THE ELECTRONIC DELIVERY OF THESE NOTICES VIA THIS SITE. YOU ALSO AGREE THAT YOU HAVE RECEIVED AND READ THE EQUIFAX ONLINE PRIVACY POLICY AND FAIR INFORMATION PRINCIPLES.

6. YOUR RESPONSIBILITIES. By registering on this Site, You certify that You are eighteen (18) years of age or older. The Site and Products are not intended for minors. You agree to treat Your user identification ("User ID"), password and or personal identification number ("PIN") created for this site as strictly confidential and not to share them with other persons or display them so that others have access to them. We are not responsible if third parties access the Products by using Your User ID, password or PIN. You agree to promptly notify Us if You believe someone else has obtained access to Your User ID, password or PIN.

7. CHANGES WE MAY MAKE. We may change the prices for the Products at any time and You will be charged such new prices for all future purchases or renewals of Products. We may revise and update this Agreement at any time. It is Your responsibility to review this Agreement prior to each use of the Site and by continuing to use this Site, You agree to those changes. We also may change any feature or component of the Products or the Site at any time, or cancel this Agreement and/or any Product at any time, for any reason, and if we do so, we will give You a pro rata refund in respect of Products purchased but not provided. A gift certificate is provided, and therefore no longer eligible for a pro rata refund, when it is transmitted to the recipient.

8. PERSONAL USE ONLY. You may purchase Products from this Site (other than gift certificates) only on behalf of Yourself. It is illegal to order credit information about anyone else. When You buy the Products We grant You the right to use the Products and the related information only to assist You in monitoring, understanding and protecting Your financial and credit status, and making related decisions, for Your personal benefit. You agree that You will not use the Products or the related information for any other purpose, and especially not for a commercial purpose or in an unlawful manner. The Products are not intended to serve as legal, financial, or professional advice of any kind.

9. PAYMENT. You agree to pay for the Products, in U.S. dollars, using a credit or debit card at the time of registration. We will charge You any applicable sales, excise or similar taxes as required by law.

10. SITE ACCESS AND USE. We may refuse to accept any Registration for any reason. We may also reject any order for any Product for any reason. You agree that We will not be liable to You for loss or damage that may result from Our refusal to register You on this Site or our rejection of any order. You will be responsible for providing and installing all hardware and software necessary to access this Site. You agree that You will not use any robot, spider or other similar device to monitor or copy any pages of this Site or any content or information accessible through this Site. You agree that You will not use any device, software or routine to interfere with proper operations of this Site.

11. NO GUARANTEE OF PRODUCT. Because of the nature of Internet and online communications, this Site or the Products may not perform as intended despite Our efforts, those of Your Internet service provider, and You. We do not guarantee uninterrupted or error free operation of this Site. It is possible that a third party could gain unauthorized access to the information that is transmitted including Your personal information. We will use reasonable efforts to maintain operation of the Site and availability of the Products at all times. If there is a system error, and You notify Us of the same, We will try to correct the error. You will not be entitled to any money for any system error of any type except for monies You paid for Products that We did not provide.

12. FIXED-TERM SUBSCRIPTION PRODUCTS. If You purchase a product that continues for a fixed period of time, other than month-to-month (a “Subscription Product"), the Product will be provided to You for an initial subscription period and the Subscription Product and this Agreement (in its then-current form) will be automatically renewed for additional periods upon expiration of the previous period. On the last day of Your subscription, We will charge Your credit card for the then-current price of the Subscription Product and the Subscription Product will be renewed unless You notify Us that you wish to cancel it within the next thirty (30) days. You may notify Us by first logging in to the MyEquifax Member Center. Once logged in, click on the “Contact Us” button and you can contact the Equifax Customer Care team at the telephone number or email address listed on that page.

13. MONTH-TO-MONTH PRODUCTS. If You purchase a Product with a monthly price, We will automatically renew the Product (and bill Your credit or debit card) on the same day of each following month at Our then-current rates until You cancel. If You purchase on the 31st day of a month, the renewal date will be the 30th of each subsequent month. If Your renewal date is the 30th, renewal during February will occur on the last day of the month. You agree that You will provide valid credit or debit card billing information if the credit or debit card that You provided at the time of registration expires or otherwise becomes invalid, and We may suspend Your access to the Product if You fail to do so. You may cancel the Product by notifying Us. You may notify Us by first logging in to the MyEquifax Member Center. Once logged in, click on the “Contact Us” button and you can contact the Equifax Customer Care team at the telephone number or email address listed on that page. Any such notice of termination will be effective as of the first renewal date following Our receipt. If You prepay for a certain number of months, this paragraph becomes effective upon the expiration of the prepaid period.

14. REPORT PRODUCTS. If You purchase a report Product, the report will be accessible online for a period of thirty (30) days from Your date of purchase. If You would like to be able to refer to the report beyond the 30 day period that it is available online, You must print the report within the 30 day period. The report will not update during the 30 day period that it is available online. If You would like a report as of a later date than Your initial date of purchase, You must purchase another report.

15. Ownership. THIS SITE CONTAINS COPYRIGHTED MATERIAL AND ANY INFORMATION THAT YOU RETRIEVE IS COPYRIGHTED BY ITS OWNER. YOU MAY NOT REMOVE, ALTER OR COVER ANY COPYRIGHT OR OTHER PROPRIETARY NOTICES PLACED ON THIS SITE OR ON PRODUCTS AND RELATED MATERIALS ACQUIRED THROUGH THIS SITE. WE, COLLECTIVELY OR INDIVIDUALLY, RETAIN OWNERSHIP OF ALL INTELLECTUAL PROPERTY RIGHTS IN THIS SITE, INCLUDING WITHOUT LIMITATION ANY INFORMATION, MATERIALS, TEXT, GRAPHICS, IMAGES, LOGOS, SITE DESIGN, AND THE SELECTION, ASSEMBLY, AND ARRANGEMENT OF THE SITE ("CONTENT"). THE CONTENT MAY NOT BE COPIED, DISTRIBUTED, DISPLAYED, MODIFIED, REPRODUCED, PERFORMED, PUBLISHED OR REVERSE ENGINEERED IN WHOLE OR IN PART WITHOUT OUR PRIOR WRITTEN PERMISSION.

16. LIMITED CANCELLATION POLICY. ALL SALES OF ONE-TIME PRODUCTS ARE FINAL. You will not be entitled to a refund because You do not agree with the information We provide to You in any Product. If You have a question or problem with any Product, please contact our Customer Care department by first logging in to the MyEquifax Member Center. Once logged in, click on the “Contact Us” button and you can contact the Equifax Customer Care team at the telephone number or email address listed on that page. You may cancel a Subscription or month-to-month Product by contacting Us the same way. You may be entitled to a refund for Products purchased but not provided.

17. QUESTIONS ABOUT YOUR CREDIT FILE OR SCORE. Equifax Information Services LLC ("EIS") is the Nationwide Credit Reporting Company that maintains the credit file information used to provide the Products, except for any non-Equifax credit files that may be used in Products (such as the 3-in-1 Credit Report). Any questions or disputes regarding the accuracy of any information in Your Equifax Credit Report (also used in some other Products) must be directed to, and will be handled by, EIS. EIS IS REQUIRED BY LAW TO GIVE YOU A COPY OF YOUR CREDIT FILE UPON REQUEST, AT NO CHARGE OR FOR A NOMINAL FEE. IF YOU BELIEVE YOUR EQUIFAX CREDIT REPORT CONTAINS INACCURATE OR INCOMPLETE INFORMATION, YOU MAY REQUEST, AT NO CHARGE TO YOU, THAT EIS RESEARCH THE INFORMATION CONTAINED IN YOUR EQUIFAX CREDIT REPORT. Further, if you believe that you have been or are about to be the victim of identity theft, you may request, at no charge to you, that EIS place an alert on your Equifax credit report. You do not have to purchase a Product from Us in order to receive a copy of Your credit file from EIS or to dispute information contained in it, or to request that EIS place an alert on your credit file. To dispute information or place an alert in Your credit file, You may contact EIS at the number on Your current Equifax Credit Report, or you may contact Us and we will transfer or direct you to the appropriate EIS representative. To obtain more information about Your rights under the law, go to the Credit Education Page of this Site and click on “Summary of FCRA Rights.”

18. No Warranty; Limitation of Liability. WE HAVE NO REASON TO BELIEVE THAT ERRORS EXIST IN THE PRODUCTS FURNISHED HEREUNDER. HOWEVER, MUCH OF THE DATA CONTAINED IN THE PRODUCTS IS PROVIDED TO US BY OTHERS AND THEREFORE WE DO NOT CONTROL THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE PRODUCTS. IF WE SELL YOU A PRODUCT PROVIDED BY A SUPPLIER, THAT SUPPLIER IS SOLELY RESPONSIBLE FOR THE ACCURACY AND COMPLETENESS OF THAT PRODUCT. NEITHER WE, NOR ANY OF OUR DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, SUPPLIERS, LICENSORS, AFFILIATED COMPANIES, OR AFFILIATED CREDIT BUREAUS ("AFFILIATED PERSONS") WARRANTS THE CORRECTNESS, COMPLETENESS, CURRENTNESS, OR ANY OTHER ASPECT OF ANY PRODUCT OR INFORMATION CONTAINED IN ANY PRODUCT IN ANY WAY. THE PRODUCTS ARE PROVIDED “AS IS”, AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE. NEITHER WE NOR ANY OF OUR AFFILIATED PERSONS WILL BE LIABLE TO YOU FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED, IN WHOLE OR IN PART, BY ANY NEGLIGENT ACTS OR OMISSIONS OF ANY SUCH PERSON IN PREPARING, REPORTING OR DELIVERING THE PRODUCTS, PROVIDING AUTHENTICATION SERVICES, OR IN DOING ANYTHING RELATED THERETO. NEITHER WE NOR THE AFFILIATED PERSONS WILL BE LIABLE FOR DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR OPPORTUNITIES, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR DATA) IN CONNECTION WITH YOUR USE OF THIS SITE, ANY USE OR RELIANCE UPON INFORMATION FOUND AT THIS SITE OR PROVIDED BY US OR ANY PRODUCT PROVIDED AT THIS SITE OR THROUGH ANY OTHER MEDIUM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT APPLICABLE LAW DISALLOWS ANY DISCLAIMERS OR LIMITATIONS IN THIS AGREEMENT, SUCH DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU.

19. LIMITATION OF LIABILITY; NOTICE OF CLAIMS. If, notwithstanding the foregoing paragraph, any Affiliated Person is held to be liable to You, the amount of such liability shall not exceed the lesser of (i) the sum of twenty dollars ($20.00) or (ii) the amounts paid by You under this Agreement, in the twelve months preceding the claim, for the specific Products giving rise to the claim. If You desire to make a claim against any Affiliated Person in relation to this Agreement or a Product, You must give the applicable party notice of the claim within three (3) months of becoming aware of the circumstances giving rise to the claim or, if earlier, three (3) months from the time You should reasonably have become aware of such circumstances. If You do not, no Affiliated Person will be liable to You for the claim.

20. INDEMNIFICATION. You will indemnify and hold Us and the Affiliated Persons harmless from and against actual loss, costs, liabilities and expenses (including reasonable attorneys’ fees) resulting from Your breach of this Agreement, Your use of this Site or any Product or any information contained in this site or provided by Us, or Your infringement of any intellectual property or other right of any person or entity.

21. HYPERLINKS. This Site may contain hyperlinks or other references to third party Internet sites that Equifax does not own or operate. You may be subject to additional terms and conditions that apply when You use third party Internet sites. You agree that You are responsible for reviewing and understanding any terms and conditions governing any third party Internet site and/or products and Equifax has no responsibility therefor.

22. ENTIRE AGREEMENT BETWEEN US. These Terms of Use constitute the entire agreement between You and Us regarding the Products and information contained on or acquired through this Site or provided by Us, including through other linked third party Internet sites. This Agreement takes effect on Your first use of this Site, and it applies to all persons accessing the Site from Your computer, and to all persons using Your User ID, password or PIN. In the event that multiple translations of this Agreement exist, the English language version shall control. If any provision of this Agreement is held invalid, unenforceable or void by applicable laws, the remaining portions shall continue in full force and effect. You may not assign this Agreement or the Product (except a gift certificate) to someone else. Unless otherwise explicitly stated, the provisions contained in Paragraphs 7 (Personal Use Only), 13 (Ownership), 16 (No Warranty; Limitation of Liability), 17 (Limitation of Liability; Notice of Claims), 18 (Indemnification) and this paragraph will survive termination of Your access to and use of the Products and the information contained on this Site or provided by Us. The Suppliers are third party beneficiaries under this Agreement.

23. ARBITRATION AND DISPUTE RESOLUTION. IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY BECAUSE IT AFFECTS YOUR LEGAL RIGHTS. THIS SECTION PROVIDES THAT, EXCEPT FOR THE SPECIFIC EXCEPTION STATED BELOW, ANY DISPUTE BETWEEN YOU AND EQUIFAX MUST BE RESOLVED BY BINDING ARBITRATION THAT REPLACES THE RIGHT TO GO TO COURT BEFORE A JUDGE OR A JURY, AND MAY LIMIT YOUR RIGHTS TO DISCOVERY OR TO APPEAL. IT FURTHER PROVIDES THAT YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT, NOR WILL YOU BE ABLE TO BRING ANY CLAIM IN ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. Either You or Equifax may, without the other’s consent, elect mandatory, binding arbitration of any claim, dispute, or controversy raised by either You or Equifax against the other arising from this Agreement or Your use of the Products or this Site or any information You receive from Us (the “Claim” or “Claims"). All Claims are subject to arbitration, no matter what theory they are based on or what remedy they seek, whether legal or equitable. As an exception to the arbitration provision, You retain the right to pursue in small claims court any Claim that is within that court’s jurisdiction and proceed on an individual basis. If You or We elect arbitration, the arbitration will be conducted as an individual arbitration. Neither You nor We consent or agree to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. This arbitration provision applies to and includes any Claims made and remedies sought as part of any class action, private attorney general action, or other representative action. By consenting to submit your Claims to arbitration, You may be forfeiting your right to share in any class action awards, including class claims where a class has not yet been certified, even if the facts and circumstances upon which the Claims are based already occurred or existed. The party filing a Claim in arbitration must select either the National Arbitration Forum ("NAF") or the American Arbitration Association ("AAA") to administer the arbitration. The arbitration organization that is selected will apply its rules, codes, or procedures in effect at the time the arbitration is filed, unless any portion of those rules, codes, or procedures is inconsistent with any specific terms of this arbitration provision or these Terms of Use, in which case the terms of this arbitration provision and these Terms of Use will govern. These rules and procedures may limit the amount of discovery available to You or Us. The arbitration may not be consolidated or joined with any other arbitration proceeding. The arbitration shall be before a single arbitrator. The arbitrator will apply applicable substantive law, including the applicable statute of limitations, and will honor claims of privilege recognized at law. The arbitrator will have the power to award to a party any damages provided for under applicable law, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. Rules and forms may be obtained from, and any Claims filed with, either: the NAF at P.O. Box 50191, Minneapolis, Minnesota 55405, web site at http://www.arb-forum.com; or the AAA at 335 Madison Avenue, Floor 10, New York, New York 10017, web site at http://www.adr.org. In the event You file a Claim in arbitration, We will reimburse You for the initial arbitration filing fee paid by You up to $500. If there is an arbitration hearing, We will pay any fees of the arbitrator and the arbitration administrator for the first two days of the hearing. If You prevail in the arbitration of any Claim against Us, then We will reimburse you for any fees you paid to the arbitration organization in connection with the arbitration. All other fees, including attorneys’ fees, will be allocated in accordance with the rules of the arbitration organization. The Federal Arbitration Act, and not state law, shall govern the arbitrability of all Claims between You and Us, including any and all claims or disputes concerning the validity, construction, and performance of this arbitration provision. Any Claim or dispute as to the enforceability of this arbitration provision’s restrictions on your right to participate in or pursue a class action or classwide arbitration shall be decided by a court and not an arbitrator, and shall be brought only in a United States District Court located in Atlanta, Georgia, or in any court within the Georgia State or Superior Court System located in Fulton County, Georgia.

24. HEADINGS. The headings used in this Agreement are for convenience only and such headings are not to be used in determining the meaning or interpretation of these terms and conditions of use. You acknowledge that the provisions, disclosures and disclaimers set forth in this Agreement are fair and reasonable and Your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon You by any person or entity. You agree that this Agreement is not intended to and does not confer any rights on any persons other than Us and You and the third party beneficiaries referenced in Paragraph 20.

25. SCORE POWER™ PRODUCT. Fair Isaac Corporation ("Fair Isaac") and Equifax jointly provide the Score Power™ Product. If You choose to purchase this Product You will obtain: 1) a copy of Your Equifax Credit Report™ 2) Your BEACON®/FICO® credit score, calculated from the information contained in Your Equifax Credit Report™ and 3) an explanation of how a creditor is likely to view Your score and the major reasons You scored as You did.

26. GIFT CERTIFICATES; FAMILY PROGRAM. Gift certificates purchased at the Site are Products and are subject to these Terms of Use, except where specifically excluded. In addition, gift certificates are subject to the additional terms and conditions of this paragraph. Each gift certificate (i) expires on the expiration date stated therein, except where prohibited by applicable law; (ii) must be redeemed through the Site for the purchase of the Product specified therein; and (iii) is not redeemable for cash and cannot be returned for a cash refund. If the recipient’s order exceeds the face amount of the gift certificate, the recipient must pay for the balance with a credit or debit card. The Product received upon redemption is subject to Equifax’s Terms of Use and Online Privacy Policy and Fair Information Principles, which the recipient must accept in order to redeem the gift certificate. A gift certificate issued to a current subscriber to a Subscription Product cannot be used to extend that subscription. Subscription Products that You purchase under the Family Program are only valid when activated by another person, and may not be used by You to extend Your subscription or to replace a Subscription Product that You cancel during the trial period, if any. We are not responsible for lost or stolen gift certificates.

THANK YOU FOR CHOOSING EQUIFAX CONSUMER SERVICES.