Death Master File (DMF) Use

1. Certified Person Acknowledgment

Client certifies that it qualifies as a “Certified Person” under 15 C.F.R. § 1110.102 and that it shall only access or use DMF data in furtherance of a legitimate fraud prevention interest or a legitimate business purpose as permitted by applicable laws, regulations, or fiduciary duty, including permissible purposes under the Fair Credit Reporting Act (FCRA) or the Gramm-Leach-Bliley Act (GLBA).

2. Use Restrictions

Client shall not take any adverse action against any consumer based solely on the presence of deceased flags or other indicia derived from DMF data without conducting further investigation to verify such information. Client shall not disclose DMF data to consumers or third parties unless expressly required by law.

3. Data Security

Client represents that it has implemented and maintains effective systems, policies, and procedures to safeguard DMF data in accordance with requirements comparable to Section 6103(p)(4) of the Internal Revenue Code. Client agrees to adhere to such requirements as if directly applicable to it.

4. No Warranty; Limitation of Liability

Client acknowledges that the DMF contains known inaccuracies and omissions. Soft Pull Solutions LLC, the SSA, NTIS, and any data providers make no warranties—express or implied—regarding the accuracy, completeness, merchantability, or fitness for a particular purpose of DMF data. None shall be liable for any direct, indirect, incidental, or consequential damages arising from use of or reliance on DMF data.

5. Penalties

Client acknowledges that misuse or unauthorized access to DMF data may subject it to civil penalties of $1,000 per violation, up to a maximum of $250,000 per calendar year, pursuant to 15 C.F.R. § 1110.200.

6. Indemnification

Client agrees to indemnify, defend, and hold harmless Soft Pull Solutions LLC, NTIS, the SSA, and any third-party providers of DMF data from any and all claims, liabilities, losses, damages, or expenses (including legal fees) arising from Client’s or its affiliates’ or contractors’ use, misuse, or disclosure of DMF data, including any violations of applicable law or this Agreement.

7. SSA Error Correction Protocol

In cases where a consumer disputes a deceased flag or other DMF-related information, Client shall direct such individual to contact their local Social Security office for resolution and documentation, in accordance with SSA procedures.