Terms and Conditions

As required by your insurance carrier’s guidelines, The Upton Group has agreed to obtain Motor Vehicle Record (“MVR”) reports for your applicants and/or employees to determine whether they meet your insurance carrier’s guidelines for insurability under your existing insurance policy.  The decision regarding the insurability of each applicant and/or employee is based solely on the insurance carrier’s guidelines, which have been attached to this letter for your review.

For each applicant and/or employee you intend to add to your insurance policy, The Upton Group will obtain an MVR report and will provide you with a written indication of whether the applicant and/or employee is insurable, or not insurable, based on the carrier’s guidelines.  The Upton Group will not provide you with a copy of the MVR report, and will not share any of the information contained in the report either orally or in writing.  The Upton Group will not communicate, orally or in writing, the specific information in the report that was the basis for the determination of insurability.  The MVR check is intended to be used solely for “underwriting purposes,” as that term is defined by the Fair Credit Reporting Act, 15 U.S.C. § 1681b(a)(3)(C); 16 C.F.R. Pt. 600, App. § 604(a)(3)(C).

In the event an applicant and/or employee is not insurable, based on the carrier’s guidelines, you must send a signed driver exclusion, confirming that the applicant and/or employee is not covered under your insurance policy.  This form has also been attached for your use in the event an applicant and/or employee is not insurable.  The Upton Group’s MVR checks are not intended to be used for “employment purposes,” as that term is defined by the Fair Credit Reporting Act, 15 U.S.C. § 1681a(h).

This information is being provided for purposes of insurability only and should not be used for employment eligibility or other purposes.  In the event you intend to use MVR records to determine whether an applicant and/or employee meets your qualifications for employment, you should obtain a separate MVR report for that purpose and comply with the additional Fair Credit Reporting Act requirements for consumer reports for “employment purposes.”

Pursuant to the Fair Credit Reporting Act, 15 U.S.C. § 1681m, The Upton Group will send the applicant and/or employee an adverse action notice, which will include the name, address, and telephone number of the Consumer Reporting Agency that provided the MVR report, a statement that the Consumer Reporting Agency did not make the decision to take the adverse action and is unable to provide the applicant and/or employee with the specific reasons why the adverse action was taken, and notice of the applicant and/or employee’s right to obtain a copy of the MVR report from the Consumer Reporting Agency and to dispute the accuracy or completeness of any of the information contained in the MVR report.  A sample of the adverse action letter is attached for your review.

The Upton Group will not charge any fee or premium for running the MVR check, but will only charge you the actual cost to obtain the MVR report from the Consumer Reporting Agency and/or State Department of Motor Vehicles.

If you have any questions regarding this letter, or permissible use of the MVR reports, please do not hesitate to contact us.