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SettlementCritical Risk

FTC Fines Vivint $20M for Credit Report Misuse

Vivint Smart Homes, Inc.April 1, 2021Federal Trade Commission

Penalty Amount

$20,000,000

Summary

The FTC settled with Vivint Smart Homes, Inc. for $20 million over allegations that the company misused consumer credit reports to secure financing for unqualified customers, harming consumers' credit. The FTC is now distributing approximately $500,000 in refunds to affected consumers.

Remedy

Vivint was ordered to pay $20 million in penalties and is distributing refunds to harmed consumers.

Monetary PenaltyConsumer Refunds

Contract Impact

In-house legal teams should review all customer financing agreements, vendor contracts with third-party lenders, and service agreements involving credit-based financing. Key clauses to examine include those governing the authorization and scope of credit report pulls, requirements for obtaining explicit cosigner consent, data sharing permissions with financing partners and debt collectors, and representations regarding applicant eligibility. Contracts may need amendments to mandate strict verification of applicant identity before credit pulls, prohibit the use of unrelated third parties' credit data, require clear disclosure of cosigner obligations, and establish procedures for promptly correcting credit reporting errors and addressing identity theft claims.

Contract Search Terms

credit report authorization clausecosigner consent provisionthird-party credit information usefinancing eligibility verificationdebt collection practices addendumdata sharing with financing partnersconsumer report user obligationspermissible purpose for credit pullsdispute resolution for credit errorsidentity theft mitigation procedures

Violation Types

Entity Details

Entity

Vivint Smart Homes, Inc.

Also known as: Vivint

Industry

Technology

Official Sources

Source Evidence

Entity Name
"Vivint Smart Homes, Inc."
Fine Amount
"Will Pay $20 Million"
Violation Types
"obtained financing for unqualified customers by using the credit history of an unrelated third party with the same or similar name, or adding cosigners without their permission."
Event Date
"in April 2021"

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