FCRA notice
This notice explains how BailSoft data may — and may not — be used under the U.S. Fair Credit Reporting Act (FCRA), and why we design, contract and disclaim around it. Please read it before using BailSoft Intelligence or the Data Network.
1. What the FCRA is
The Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) regulates “consumer reports” — information bearing on a person's creditworthiness, character, or general reputation that is used or expected to be used to establish eligibility for credit, employment, insurance, housing and similar purposes — and the “consumer reporting agencies” that assemble and furnish them. It imposes duties on agencies and on the users of consumer reports, and requires a “permissible purpose” for obtaining one.
2. BailSoft is not a consumer reporting agency
BailSoft is an operational tool for licensed bail bond agencies. We do not assemble or furnish consumer reports, and we are not a consumer reporting agency. We do not evaluate people for eligibility, and we do not design or support screening workflows.
3. BailSoft data is not a consumer report
Data provided through BailSoft Intelligence and the Data Network — lawfully public bookings, releases, court information and related records — is provided for operational monitoring and awareness connected to bail bonds. It is not a consumer report, is not assembled to determine any person's eligibility for a benefit, and may not be treated as one.
4. Permitted, operational use
You may use BailSoft data only for legitimate operational purposes tied to active or prospective bail bonds — for example, monitoring a defendant your agency has bonded, tracking court dates, and staying aware of relevant bookings, releases and re-arrests in the counties you work.
5. Strictly prohibited uses
You must not use BailSoft data, in whole or in part, as a factor in decisions about:
- Credit or lending eligibility;
- Employment, promotion, reassignment or retention;
- Housing or tenant screening;
- Insurance underwriting or eligibility;
- Government benefits or licensing eligibility;
- Any other purpose that would make the information a “consumer report” under the FCRA or an analogous state law.
6. Why a disclaimer alone is not enough
Regulators, including the Federal Trade Commission, have made clear that simply saying “we are not a consumer reporting agency” does not, by itself, avoid FCRA liability if a provider has reason to believe its data is used for FCRA purposes. That is why BailSoft relies on three layers together: (1) we do not design, market or support the product as a screening tool; (2) we contractually restrict permitted uses in our terms; and (3) we disclaim FCRA-regulated uses here. If we learn a customer is using BailSoft for a prohibited purpose, we may suspend or terminate access.
7. Your obligations as a user
Agencies must keep BailSoft data within permitted operational use, train staff accordingly, and never repurpose it for eligibility decisions. Misuse is a breach of our terms and may violate federal or state law, exposing the user to liability. If your intended use looks like screening, it is not permitted — use a properly regulated consumer reporting agency instead.
8. Accuracy & no warranty
Public-record and county data can be incomplete, outdated, mismatched or inaccurate. BailSoft does not warrant the accuracy, completeness or timeliness of source data, and it is not a substitute for official records. Verify independently and through official channels before taking any action that affects a person.
9. Related public-records considerations
Some records BailSoft surfaces are governed by additional rules — for example, state limits on the display or reuse of booking photographs, or restrictions on certain identifiers. BailSoft configures availability to reflect these rules where it can, but agencies remain responsible for using records lawfully in their own jurisdiction.
10. Reporting misuse
If you believe BailSoft data is being misused, or you have questions about permitted use, contact us at hello@bailsoft.com. This notice is provided for general information and is not legal advice.