Tag: security freeze

Landlord Credit Bureau in potential CRA violation by not informing tenants of their rights

CORRECTION: This post provides information about section 12.4 and 12.5 of the Consumer Reporting Act. It has come to our attention that although this provision has been passed by the legislature, it is not yet in force. This means the provision is not legally binding. The information below was presented based on the false assumption that section 12.4 and 12.5 were in force. We apologize to the Landlord Credit Bureau and to readers who may have relied on this information. We have posted a lengthier correction here. To be clear, the security freeze provisions are not currently in force and are not legally binding. The Landlord Credit Bureau by definition has not violated these provisions because they are not in force.

According to the Consumer Reporting Act Section 12.5 the Landlord Credit Bureau is required to publish consumer information about the security alert and security freeze processes on their website. Specifically the Act calls for descriptions of the processes and instructions for consumers on how they can request them.

However when we conducted a site wide search for the term “security freeze” using Google there was nothing to be found as of the publication of this post. Browsing their legal page and other resource pages on the site we could find no mention of alerts or freezes.

It’s certainly possible we are just not finding the page they are legally required to provide so if anyone can find this information we’d appreciate a link and will update the story with that link.

It is also possible this information is located somewhere inside the LCB site which users would have to sign in to their service to see. That said, tenants should not have to first create an account and accept terms of service before being able to access information about their legal rights involving that service.

If the LCB would like to we’d be happy if they linked tenants to our instructions for enacting a security freeze.

Security Freeze – Your Best Tool Against the Landlord Credit Bureau

CORRECTION: This post provides information about section 12.4 and 12.5 of the Consumer Reporting Act. It has come to our attention that although this provision has been passed by the legislature, it is not yet in force. This means the provision is not legally binding. The information below was presented based on the false assumption that section 12.4 and 12.5 were in force. We apologize to the Landlord Credit Bureau and to readers who may have relied on this information. We have posted a lengthier correction here. To be clear, the security freeze provisions are not currently in force and are not legally binding. The Landlord Credit Bureau by definition has not violated these provisions because they are not in force.

Currently the best possible way to secure your personal information from being used by the Landlord Credit Bureau and their customers is by using the Security Freeze provisions of the Consumer Reporting Act. This prevents the Landlord Credit Bureau from updating your file or sharing it with any other party. It effectively cripples the usefulness of your data to them.

From Section 12.4 of the Ontario Consumer Reporting Act

Security freeze

12.4 (1) A prescribed consumer reporting agency shall place a security freeze on the file of a consumer on or before the prescribed deadline if,

(a) the consumer has, in accordance with this section and any prescribed requirements, required the agency to place a security freeze on the file; and

(b) the consumer has complied with subsection (9) and any prescribed requirements. 2018, c. 7, s. 6.

Effect of security freeze

(2) During the period that a security freeze on a consumer’s file is in effect, the consumer reporting agency shall not disclose any credit or personal information about the consumer maintained by the agency, including any consumer scores, to any person. 2018, c. 7, s. 6.

Suspending a security freeze

(3) The consumer reporting agency shall suspend a security freeze on or before the prescribed deadline if,

(a) the consumer whose file is subject to the security freeze requires the suspension in accordance with this section and any prescribed requirements; and

(b) the consumer has complied with subsection (9) and any prescribed requirements, including any requirements respecting the duration of a suspension. 2018, c. 7, s. 6.

Same, duration

(4) If the consumer reporting agency is required to suspend a security freeze under subsection (3), the suspension shall be for the duration specified by the consumer. 2018, c. 7, s. 6.

Same, effect

(5) A security freeze that is suspended is not in effect. 2018, c. 7, s. 6.

Terminating a security freeze

(6) The consumer reporting agency shall terminate a security freeze on or before the prescribed deadline if,

(a) the consumer whose file is subject to the security freeze requires the termination in accordance with this section and any prescribed requirements; and

(b) the consumer has complied with subsection (9) and any prescribed requirements. 2018, c. 7, s. 6.

Expiry

(7) Unless terminated earlier, a security freeze expires at the end of the prescribed period, if any. 2018, c. 7, s. 6.

Disclosure despite a security freeze

(8) Despite subsection (2), the consumer reporting agency may, in accordance with any prescribed requirements, disclose to prescribed persons and entities such information as may be maintained by the agency about a consumer, if the information is prescribed. 2018, c. 7, s. 6.

Identification

(9) A consumer who requires a consumer reporting agency to place, suspend or terminate a security freeze shall provide the agency with a copy of any prescribed identification and a copy of any other identification the agency may reasonably require to verify the consumer’s identity. 2018, c. 7, s. 6.

Fees

(10) A consumer reporting agency shall not charge the consumer a fee for placing, suspending or terminating a security freeze unless the agency is permitted to do so by regulations. 2018, c. 7, s. 6.

Information

(11) When a consumer requires that a security freeze be placed on his or her file, the consumer reporting agency shall provide the consumer with the information referred to in section 12.5 and the name and telephone number or email address of a person the consumer can contact for an explanation of the information. 2018, c. 7, s. 6.

What does it all mean?

In a nutshell, this means that if you request that the Landlord Credit Bureau place a security freeze on your account they can no longer disclose any information about you to any party until a time of your choosing or even indefinitely. The only exception is in the case of government investigation or if you select parties you permit LCB to report to.

The Landlord Credit Bureau may not charge you any fees to perform this security freeze.

All you need to do is present proper government issued photo ID when you make your request.

How do I request a security freeze from Landlord Credit Bureau?

Scan a copy of the photo identification you intend to use in order to make your request.


Send the following email with your scanned ID attached to: legal@landlordcreditbureau.com

EDIT: We are hearing that LCB is no longer responding to emails sent to the above address. Readers are reporting they are getting responses from support@landlordcreditbureau.com


To Whom It May Concern,

My name is (INSERT NAME HERE) and my photo ID is attached.

I formally request that the Landlord Credit Bureau apply a Security Freeze on my account in accordance with Section 12.4 of the Consumer Reporting Act. I request that this freeze have no set termination date.

Please advise when this action is completed.

Regards,

(YOUR NAME AND CONTACT INFORMATION)

That’s it?

Yep. That’s pretty much it. Once this is done it is unlawful for Landlord Credit Bureau to share your data with anyone, protecting your personal information and circumventing the process the LCB uses to put you on their bad tenant list.

Make sure to keep copies of all of your correspondence for future reference.

Will this work even if I’ve accepted the Landlord Credit Bureau Terms of Service?

Yes. Regardless of whether you agreed to their terms or not or even if you used your LCB profile the Security Freeze can still be instated.

What if I don’t want the Landlord Credit Bureau to collect and share my personal information anymore? Can I get them to stop?

CORRECTION: This post provides information about section 12.4 and 12.5 of the Consumer Reporting Act. It has come to our attention that although this provision has been passed by the legislature, it is not yet in force. This means the provision is not legally binding. The information below was presented based on the false assumption that section 12.4 and 12.5 were in force. We apologize to the Landlord Credit Bureau and to readers who may have relied on this information. We have posted a lengthier correction here. To be clear, the security freeze provisions are not currently in force and are not legally binding. The Landlord Credit Bureau by definition has not violated these provisions because they are not in force.

Yes you can.

Within the Consumer Reporting Act there is a legal mechanism all credit reporting agencies must comply with called a Security Freeze. This hold allows the consumer to freeze their file with a credit reporting agency for any reason, at any time and for any length. While subject to a Security Freeze your information cannot be disclosed to anyone with the exception of law enforcement in the course of an investigation. This will mean the LCB can no longer share any of your data with their customers.

For more information please see our complete guide to Security Freezes.