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SettlementHigh Risk

FTC Settles with AppFolio for $4.25M Over FCRA Violations

AppFolio, Inc.December 8, 2020Federal Trade Commission

Penalty Amount

$4,250,000

Summary

AppFolio, Inc., a tenant background report provider, settled with the FTC for $4.25 million over allegations it violated the Fair Credit Reporting Act by failing to implement reasonable procedures to ensure the accuracy of its screening reports and by including eviction and non-conviction criminal records older than seven years. The settlement prohibits including old records and requires maintaining accuracy procedures.

Remedy

AppFolio must pay $4.25 million, is prohibited from including non-conviction criminal or eviction records older than seven years in its reports, and must maintain reasonable procedures to ensure the maximum possible accuracy of its background reports.

Monetary PenaltyInjunctionCompliance Program

Contract Impact

In-house legal teams should review all vendor and customer agreements where the company either provides or consumes tenant/background screening reports. Specifically examine clauses governing data accuracy, FCRA compliance certifications, data sourcing from third parties, and restrictions on the age of reported records (e.g., evictions, non-convictions). Agreements with property management clients (as vendors) may require amendments to mandate adherence to FCRA's 'reasonable procedures' standard and prohibit inclusion of records older than seven years. Contracts with third-party data providers should be scrutinized for warranties of accuracy and compliance. Consider adding audit rights, indemnification for FCRA violations, and explicit requirements for maintaining up-to-date accuracy procedures.

Contract Search Terms

tenant screening accuracy proceduresFair Credit Reporting Act (FCRA) complianceconsumer report user obligationsdata sourcing and verification protocolseviction record reporting limitationsnon-conviction criminal record inclusionseven-year reporting period restrictionthird-party vendor data validationbackground report audit rightsFCRA certification and compliance addendum

Laws Cited

Fair Credit Reporting Act

Violation Types

Entity Details

Entity

AppFolio, Inc.

Also known as: AppFolio

Industry

Data Broker

Official Sources

Source Evidence

Entity Name
"AppFolio, Inc."
Fine Amount
"$4.25 million"
Laws Cited
"Fair Credit Reporting Act (FCRA)"
Violation Types
"failed to implement reasonable procedures to ensure that criminal and eviction records it received from a third party vendor were accurate before including such information in its tenant screening reports."
Violation Types
"including eviction or non-conviction criminal records more than seven years old in its reports."

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