The Work Number Express Service Agreement
The Work Number (TWN) is a leading employmentverification service owned by Equifax. Employers, lenders, backgroundscreening agencies, and other authorized requestors use the service to obtain reliable, uptodate income and employment information about individuals. The Express Service Agreement (ESA) forms the contractual foundation for the relationship between TWN and its requestors, outlining the rights, responsibilities, and operating procedures that govern the exchange of data.
1. Purpose of the Agreement
The ESA exists to:
- Define the scope of data that may be requested and disclosed.
- Set standards for security, privacy, and compliance with federal regulations such as the Fair Credit ReportingAct (FCRA) and the GrammLeachBliley Act (GLBA).
- Establish pricing, billing, and servicelevel expectations.
- Provide mechanisms for dispute resolution, audit, and termination.
2. Parties to the Agreement
The ESA is a bilateral contract between:
- The Work Number (Equifax Information Services LLC) the data custodian and service provider.
- Authorized Requestor any organization that has been approved by TWN to receive employment and income verification data, such as banks, mortgage lenders, landlords, and backgroundscreening firms.
3. Core Elements of the ESA
3.1 Data Access and Use
Authorized Requestors may submit inquiries using TWNs web portal, API, or bulkupload tools. Each request must include:
- Subjects full legal name and Social Security Number (or alternative identifier approved by TWN).
- Consent documentation proving the individual has authorized the verification, unless an exception under the FCRA applies.
- A clear purpose code (e.g., mortgage underwriting, employment screening).
Data returned may include employment dates, job title, salary, compensation type, and employment status. The ESA expressly prohibits the use of this data for any purpose other than the one authorized at the time of request.
3.2 Security and Confidentiality
Both parties must implement reasonable administrative, technical, and physical safeguards. Key requirements include:
- Encryption of data in transit (TLS1.2 or higher) and at rest.
- Multifactor authentication for all personnel accessing TWN systems.
- Periodic security awareness training.
- Immediate notification to Equifax of any suspected breach involving TWN data.
3.3 Compliance with Laws
The ESA incorporates mandatory compliance with:
- FCRA ensuring that any consumer report is accurate, timely, and used for a permissible purpose.
- GLBA safeguarding nonpublic personal information when the requestor is a financial institution.
- State privacy statutes (e.g., California Consumer Privacy Act, Virginia Consumer Data Protection Act).
- Any applicable donotcall or donotshare preferences expressed by the consumer.
3.4 Pricing and Billing
Fees are based on a perrecord model, with volume discounts available for highvolume users. The ESA specifies:
- Standard perrecord fee (subject to periodic adjustment).
- Billing cycle (monthly, quarterly, or annual).
- Payment terms net30days from invoice date.
- Latepayment penalties and interest.
3.5 Service Levels and Support
The agreement includes a Service Level Agreement (SLA) that guarantees:
- System uptime of 99.5% per calendar month.
- Response times for critical support tickets within 2hours.
- Resolution of noncritical issues within 24hours.
- Regular maintenance windows (typically scheduled on weekends with advance notice).
3.6 Audits and Monitoring
Equifax reserves the right to audit the requestors use of TWN data at any reasonable time. Audits may review:
- Compliance with permitteduse policies.
- Security controls and access logs.
- Accuracy of consumer consent documentation.
Findings must be remedied within a mutually agreed timeframe, generally 30days.
3.7 Dispute Resolution
Disagreements are first addressed through goodfaith negotiations. If unresolved, the parties agree to binding arbitration under the American Arbitration Association rules, with the location set in the ESAs jurisdiction clause.
3.8 Termination
Either party may terminate the ESA for cause (e.g., material breach) with a 30day written notice, provided the breach is not cured within that period. Termination for convenience is also permitted, typically requiring a 60day notice and settlement of all outstanding fees.
4. Practical Considerations for Requestors
Understanding the ESA helps requestors avoid compliance pitfalls and maximize the value of TWN data. Below are bestpractice tips:
- Document Consent Clearly retain signed authorizations, electronic optins, or any other proof that the consumer has allowed the verification.
- Validate Purpose Codes use the exact code stipulated by TWN for the intended transaction; mismatched codes can lead to denied queries.
- Maintain Secure Integration follow TWNs API security guide, rotate API keys regularly, and enforce leastprivilege access.
- Monitor Usage set internal alerts for abnormal request volumes that could indicate misuse or system errors.
- Stay Informed of Regulatory Changes the ESA may be updated to reflect new state privacy laws; requestors should review amendment notices promptly.
5. Frequently Asked Questions
5.1 What happens if I request data without proper consent?
Equifax will block the request and issue an unauthorized purpose error. Repeated violations may trigger suspension or termination of the ESA.
5.2 Can I share the verification report with third parties?
No. The ESA limits disclosure to the requesting organization and its direct affiliates that have a documented legitimate purpose. Sharing with other entities requires a separate agreement with TWN.
5.3 How are disputes over inaccurate data handled?
Consumers have the right under the FCRA to dispute inaccurate information. The requestor must forward the dispute to TWN, which then coordinates with the employer to verify or correct the record. The ESA outlines a 30day maximum resolution window.
5.4 What is the process for amending the ESA?
Both parties must execute a written amendment that details the changes (e.g., new pricing tiers, added data fields). No oral modifications are recognized.
6. Summary
The Work Number Express Service Agreement is a comprehensive contract that balances the need for rapid, accurate employment verification with stringent privacy and security obligations. By adhering to the ESAs provisionsespecially those concerning consent, permissible use, and data protectionrequestors can leverage TWNs extensive database while mitigating legal risk. Regular review of the agreement, coupled with robust internal controls, ensures smooth operation and continued compliance in a rapidly evolving regulatory landscape.
For a full copy of the current ESA or to discuss custom terms, visit The Work Number website or contact your Equifax account manager.
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