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HOW TO SERVE LEGAL PAPERS ON TRANSUNION

Transunion

Undisputed Legal | Chicago Illinois Process Service

TransUnion’s longstanding position as a leading provider of risk and information solutions, coupled with their operating history spanning fifty years, has led to them implementing cutting-edge big data and analytics technologies, expanding the breadth and depth of data, and strengthening analytics capabilities. 

TransUnion has its headquarters in Chicago, Illinois, and offers a variety of services including credit reports, risk scores, analytics, and credit-decision capabilities to businesses across the globe. Data consumers then use these products, services, and tools to acquire access to their credit data and utilize tools to analyze personal financial data in the hopes of helping them to better safeguard their identity.

[1.0] WHAT DOES TRANSUNION DO

TransUnion provides organizations and consumers with risk and information solutions throughout the world.  However, they also provide organizations with a range of services including consumer reports, risk ratings, and analytics. In order to acquire new customers, businesses embed TransUnion-provided solutions into their process workflows whereupon, they assess the ability of their customers to pay for services. They also identify cross-selling opportunities; collecting debt, identifying fraudulent activities, and investigating possible problems.

Customers utilize these products to investigate their credit histories and obtain understanding and management over their personal information. TransUnion attempts to distinguish themselves by their unique datasets, next-generation technology, and analytics and decision skills, which can provide consumers with all of their relevant information. As part of the Big Three, TransUnion provides a comprehensive nationwide provider of risk and information solutions that possess both comprehensive public records data as well as nationwide consumer credit data, which has been used to better predict behaviors, assess risk, and serve a larger number of business issues for our customers.

The addressable market consists of big data and analytics industries, which are on the rise due to the recognition by large corporations around the world of the value that data and analytics bring when employed as part of an analytical enterprise. This also coincides with a rising public recognition of the value data and analytics bring in a consumer’s ability to acquire goods and services and protect their personal information. New and improved data-processing and analytics technology allow companies to collect, analyze, and make use of more data faster and more effectively, thereby creating more opportunities for businesses to get valuable insights.

[1.1] HOW HAS TRANSUNION EVOLVED OVER TIME

The foundation of TransUnion’s solutions is based on a variety of financial, credit, alternative credit, identity, bankruptcy, lien, judgment, insurance claims, healthcare, and automotive records data from multiple data sources, including financial institutions, private databases, and public records repositories.

Businesses use a software-as-a-service platform to get the decision skills they need. With this combined data, analytics, and decision skills, organizations can verify their customers, decide the items their customers are interested in, keep customers who already have the product, attract new customers, and cut down on fraud. Consequently, our capabilities enable customers to observe how their credit profiles have evolved over time, grasp the influence of financial actions on their credit scores, save personal information securely, and manage their identity and identity theft risks.

The acquisition of the Credit Bureau of Cook County in 1968 by the Union Tank Car Company resulted in the acquisition of over three million credit accounts in the greater Chicago area.  Until recently, TransUnion was a completely different type of firm from Equifax and Experian, since it was private and not listed on any stock market. Due to the firm becoming public in 2015, TransUnion has since traded on the NASDAQ as TRU.

Credit information stored by TransUnion is used to provide credit ratings to consumers. Credit monitoring services include daily credit-score updates, credit suggestions, and online credit locks for customers who want their credit information as real-time as possible.

[2.0] HOW DOES TRANSUNION MANAGE DATA ON PUBLIC RECORD

TransUnion provides free identity theft protection, financial calculators, and credit offers in addition to monitoring services according to Chicago Illinois Process Service requirements. Its consumer support service can assist customers who have issues including disputed orders, credit freezes, fraud warnings, and support for military people who are serving overseas.

Public record items are gathered from various public record sources, such as court records, and are reported by TransUnion in accordance with Chicago Illinois Process Service guidelines. A public record item appears on the TransUnion credit report and the customer is often compelled to clarify it with future creditors, employers, and insurance providers. While TransUnion usually retains third-party vendors to gather this public record information and then transfer it to TransUnion for incorporation on consumer credit reports, most public record information comes from official sources.

TransUnion retrieved data on the customer’s bankruptcy from a third-party provider, LexisNexis, for public records going back to November 30, 2018.  TransUnion had been using a third-party vendor called LCI to gather information about the customer’s bankruptcy after November 30, 2018. 

[2.1] HOW TO REFUTE INFORMATION INCLUDED IN THE PUBLIC RECORD ON THE TRANSUNION CREDIT REPORT

The Fair Credit Reporting Act grants the right to challenge incorrect information in the credit report, for which the customer will not be charged a fee for lodging a dispute. This prohibits Consumer Reporting Agencies, such as TransUnion, from issuing credit reports unless a permissible purpose exists. While the FCRA allows the issuance of a consumer report in response to a court order, the Federal Trade Commission, which is responsible for enforcing the FCRA, has ruled that a subpoena is not a court order; and to produce a consumer credit report in response to a subpoena would be a violation of federal law and outside the reach of Chicago Illinois Process Service guidelines. 

TransUnion would be able to provide the individual with the credit reports requested if they obtain a court order, the consent of the consumer who is the subject of the report, or they can demonstrate another permissible purpose as set forth in the statute complying with Chicago Illinois Process Service. The permissible purpose is defined in Section 604 of the Fair Credit Reporting Act (FCRA).

Any consumer reporting agency may furnish a consumer report in response to the order of a court having jurisdiction to issue such an order or a subpoena issued in connection with proceedings before a Federal grand jury complying with the requirements of Chicago Illinois Process Service. This would also be in accordance with the written instructions of the consumer to whom it relates. Further, the intention of the individuals who are using the information is important, wherein it is important that third parties intend to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer or for employment purposes. 

This credit information may be used even to underwrite insurance for the consumer or for a determination of the consumer’s eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant’s financial responsibility or status. Furthermore, in their capacity as an investor or servicer with regard to an existing credit obligation or in furtherance of a legitimate business need for the information, the credit report has data furnished in connection with [A.] a business transaction that is initiated by the consumer; or [B.[ to review an account to determine whether the consumer continues to meet the terms of the account.

[2.3] REQUIRED DISCLOSURE TO CONSUMER

A consumer report should not be procured for the purpose of employment without the accompanying disclosure to the consumer done in compliance with Chicago Illinois Process Service necessities. This falls under the category of investigative consumer reports. Investigative consumer reports are a special type of consumer report in which information about a consumer’s character, general reputation, personal characteristics, and mode of living is obtained through personal interviews by an entity or person that is a consumer reporting agency. Consumers who are the subject of such reports are given special rights under the FCRA.

Consequently, the mandated disclosure must be clear and conspicuous and done in writing to the consumer well before the report is procured in order to comply with Chicago Illinois Process Service regulations. A further requirement to the consumer is that the document communicating this use of the report must be dedicated solely to the disclosure, with accompanying consumer authorization done in writing.  

Application by mail, telephone, computer, or other similar means may be done. If a consumer applies for employment by mail, telephone, computer at any time before a consumer report is procured in connection with that application, the person who procures the consumer report on the consumer for employment purposes must provide notice to the consumer following rules of Chicago Illinois Process Service. Notice by oral, written, or electronic means can ensure that a consumer report may be obtained for employment purposes, and a summary of the consumer’s rights under section 615(a)(3) and the consumer shall have consented, orally, in writing, or electronically to the procurement of the report by that person to adhere to these rules of Chicago Illinois Process Service.

The credit-reporting agencies allow the consumer to dispute errors online, by phone, or through the mail. If the error is serious, the consumer should write a letter and send it via certified mail

[3.0] CONDITIONS ON USE FOR ADVERSE ACTIONS.

 In using a consumer report for employment purposes, before taking any adverse action based on the report, the person intending to take such adverse action should provide to the subject consumer [A.] a copy of the report; and [B.] a description in writing of the rights of the consumer to adhere to Chicago Illinois Process Service obligations. The term “adverse action” is defined very and usually, includes all business, credit, and employment actions affecting consumers that can be considered to have a negative impact— such as denying or canceling credit or insurance, or denying employment or promotion. No adverse action occurs in a credit transaction where the creditor makes a counteroffer that is accepted by the consumer.

If a consumer applies for employment by mail, telephone, computer, and if a person who has procured a consumer report on the consumer for employment purposes takes adverse action on the employment application based in whole or in part on the report, then the person must provide to the consumer Chicago Illinois Process Service notice within three business days of taking such action, an oral, written or electronic notification that adverse action has been taken based in on a consumer report received from a consumer reporting agency. This notice must comprise the name, address, and telephone number of the consumer reporting agency that furnished the consumer report and should specify that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide to the consumer the specific reasons why the adverse action was taken to adhere to the requisites of Chicago Illinois Process Service. The notice should additionally provide that the consumer may, upon providing proper identification, request a free copy of a report and may dispute with the consumer reporting agency the accuracy or completeness of any information in a report. 

The information must be provided when requesting credit reports for criminal investigations, each request including the[A.] investigator’s name and rank. [B.] investigator’s return address and fax number, [C.[ the customer’s complete name    (including maiden name), [D.] the customer’s last known address, date of birth, and  Social Security number to observe Chicago Illinois Process Service conditions. If the case requires an immediate response, contact  TransUnion at the designated phone number,  or via email, indicating an immediate response is requested.

[4.0] COURT RULINGS AND JUDGEMENTS

A credit provider might take further action by requesting a court ruling. An individual might be involved in a judgment when the court issues a legal summons and they fail to respond or pay the amount demanded. Any judgment a consumer has ever received or been accused of having will be recorded on their credit report for the next five years, or until the judgment is paid in full or rescinded by the courts.

The majority of the time, when a customer defaults on a credit account, the customer has also indicated that they want the debt settled before a credit provider files for a judgment. When a customer has gone behind on their payments and fails to reply to reminder letters, credit companies prefer to ask for a judgment, especially if they have not been adhering to an agreement on payments. A judgment will be entered in the absence of the defendant if they fail to respond to the summons, contact the credit provider, or negotiate an agreement with the credit provider.

If the consumer can pay the defaults and judgments upfront, they may delete their defaults and judgments with the assistance of a credit bureau like TransUnion. Generally, after these payments are complete, the alerts will be withdrawn. The slower and more painstaking this procedure is, the more expeditious one may make it by filing a dispute with the credit bureau. To be considered for acceptance, the consumer must present the original letter of credit issued by the credit provider that placed them on the list in the first place.

If the disagreement arises, it will be recorded with the credit provider that created the adverse listing, so that it may be verified. This procedure must follow the law and may take up to twenty working days. People should exercise care since this procedure is prone to disputes. If the dispute is determined to be invalid, it is noted on the customer’s credit report for a year.

A big element of keeping digital identification secure is ensuring that the customer’s credit information is kept up to date and protected.   To dispute outdated or inaccurate accounts, one should search for an account that has been paid in full or for an account that should not be on the report. Errors may have been made. While inaccuracies are not always harmful, it is critical that the report is an accurate representation of the customer’s credit history. It must be known that for disputing inaccuracies, providing evidence of supporting documents should include copies rather than originals, especially if the documents comprise police reports and handwriting samples.

Court orders,  subpoenas,  or search warrants signed by a judge seeking consumer credit reports should be made out to the right TransUnion entity, even if submitted via fax or email for adequate Chicago Illinois Process Service conformity.

A recent jury decision in a Fair Credit Reporting Act (“FCRA”) case resulted in a significant award being issued against TransUnion, as a jury concluded that TransUnion’s credit reporting confuses class names like Jane Doe and John Smith with names of potential terrorists on a government watch list. Over five years after Mr. Ramirez, the primary plaintiff in the litigation, sued TransUnion claiming breaches of the FCRA, the class was granted over sixty million dollars in statutory and punitive damages, the largest FCRA settlement in history.

The jury decided against TransUnion in less than six hours. In conclusion, the court determined that TransUnion had violated the Federal Fair Credit Reporting Act by improperly following proper procedures for verifying the accuracy of OFAC information and by wilfully failing to provide class members with a summary of their FCRA rights with each written disclosure.

For more information on serving legal papers, contact a Chicago Illinois Process Service (800) 774-6922. Representatives are available Monday-Friday 8 am – 8 pm EST.  If you found this article helpful, please consider donating.  Thank you for following our blog, A space dedicated to bringing you news on breaking legal developments, interesting articles for law professionals, and educational material for all. We hope that you enjoy your time on our blog and revisit us!  We also invite you to check out our Frequently Asked Questions About Process Servers.

Sources

1. TransUnion agreed to stop reporting civil judgments, state tax liens, and federal tax liens on credit reports and would not reinstate publishing those public record items on credit reports until January 1, 2020, at the earliest due to their renewed standards for the collection of public record information according to the National Consumer Assistance Plan. www.TUPublicRecordSettlement.com 

2.LexisNexis Consumer Center

 P. O. Box 105615 

Atlanta, GA 30348-5108

3. Information about TransUnion Consumer Credit Reports Verisk Financial LCI – Bankruptcy Management Solutions, http://www.lciinc.com/transunionconsumers/ (last visited Jun 2021) 

4. Federal Fair Credit Reporting Act, 15 U.s.C. 1681,

5. A Brief Overview of the Federal Trade Commission’s Investigative, Law Enforcement, and Rulemaking Authority Federal Trade Commission, https://www.ftc.gov/about-ftc/what-we-do/enforcement-authority (last visited Jun 2021) 

6. 15 U.S. Code § 1681b – Permissible purposes of consumer reports

7. Certification from user. 

A consumer reporting agency may furnish a consumer report for employment purposes only if the person who obtains such report from the agency certifies to the agency that information from the consumer report will not be used in violation of any applicable Federal or State equal employment opportunity law or regulation; and the consumer reporting agency provides with the report, or has previously provided, a summary of the consumer’s rights under this title, as prescribed by the Federal Trade Commission under section 609(c)(3) [§ 1681g].

8. As prescribed by the Federal Trade Commission under section 609(c)(3

9. As defined by Section 603(k) of the FCRA

10. Under section 615(a) of the FCRA

11. This report is including a toll-free telephone number established by the agency if the agency compiles and maintains files on consumers on a nationwide basis

12. Phone Number: 312-466-7356

13. Email  at subpoenamail@transunion.com

14. In 2003, a Portland, Ore., jury ordered TransUnion to pay Judy Thomas of Klamath Falls, Ore., $5.3 million. A federal judge later reduced the award to $1 million. In her lawsuit, Thomas said she spent six years trying to get TransUnion to remove another woman’s credit information from her credit report

15.  555  West  Adams  Street, 

Chicago, Illinois 

60661.  

16. Submitted via fax at 312-985-2030

 17.Via email at subpoenamail@transunion.com

18. TransUnion hit with $60 million jury verdict over blacklist alerts Reuters, https://www.reuters.com/article/transunion-verdict-idUSL1N1JI1ZA (last visited Jun 2021) 

HOW TO SERVE LEGAL PAPERS ON EXPERIAN

Experian

Undisputed Legal | Process Service

When it comes to personal credit reports, Experian is one of the three giants who are involved in the business. Experian is an Anglo-Irish global credit reporting organization that gathers and aggregates information on over one-quarter of the world’s population. The company has its origins in Credit Data Corporation, a business that was acquired by TRW Inc. in 1968, and subsequently renamed TRW Information Systems and Services Inc.

Dublin-based, with offices in Brazil, the UK, and the US, the corporation has operations in over thirty-five countries. Functioning as part of the UK government’s Verify ID and USPS Address Validation project, Experian is a partner in major analytic projects. TransUnion and Equifax are the other two main credit-reporting organizations. 

Additionally, the organization offers credit counseling and credit score improvement services, as well as decisions analytic and marketing help to small- and medium-sized firms, such as individual fingerprinting and targeting. It provides various services to consumers such as online access to their credit history and fraud prevention and identity protection solutions. Information obtained from Experian reveals how long each specific account will continue to appear on the credit history. Additionally, it displays the previous month’s balance for each account. Experian tends to monitor recent credit queries in further detail than Equifax.

[1.0] WHAT DO EXPERIAN’S CREDIT REPORTS ENTAIL

The components of a credit report are revealed by Experian, which would include [A.]  personal information such as previous residences and phone numbers [B.] employment records and [C.] accounts, which include credit cards, loans, mortgages, and [D.] inquiries like any creditors checking a report due to a recent application. 

  1. The methods Experian uses to calculate credit ratings

Credit scores are influenced by many variables, including the total amount of debt that remains outstanding well as the number of late payments, and the length of time the accounts have been in operation. Further, the report is influenced by accounts that use a charge card against the ones that use a car loan.

In actuality, rather than providing lenders with a detailed view of a person’s credit history, Experian provides lenders with a detailed examination of how a person has actually managed their credit debt. This would also involve every credit product or debt a person has opened or applied for to provide lenders with information on how the person has handled their debt.  Lenders may use their own credit scores, which they might specifically design to suit their purposes. Since creditors rely on a person’s credit record for their decisions, information in that report might be misconstrued.

Credit scores may be vastly different even though Experian will have the same information as agencies like Equifax. Even while it is possible to get a low score with one agency and a high score with the other, it is not deemed reliable. A lack of consistency often arises when lenders submit credit information to credit agencies in a non-standardized manner. If a creditor reports to one of the three major credit bureaus, but not to the other two, the resulting credit ratings for that individual will most likely be different.

[2.0] DISCLOSURES AND INFORMATION COLLECTED BY EXPERIAN 

Credit reporting agency Experian is part of the national credit reporting system. The credit-reporting bureau is overseen by the federal Fair Credit Reporting Act and state-level regulations, which together augment the Fair Credit Reporting Act. While the bureau must also adhere to numerous other laws and industry regulations, the FCRA is significant as a regulatory body over Experian. Consequently, the agency is dedicated to informing the customer when information is being gathered, how it will be used, and giving the customer options for how it will be used.  Customers in conformity with the Fair Credit Reporting Act and with Experian’s Information Values have access to the online personal credit report service.

To avoid releasing someone’s personal credit history or score to a third party without proper identification, it is necessary for the bureau to ensure that the requester is the subject of the report or score in question in compliance with Process Service guidelines. To enable the bureau to guarantee that they only deliver the credit report and/or score to the subject of the request, it is necessary that clients furnish Experian with the needed personal information throughout the online ordering process.

To comply with this additional information request,  the bureau will ask numerous multiple-choice questions regarding the credit history and other personal information that only users should know, not even individuals performing Process Service. To avoid releasing someone’s personal credit history or score to a third party without proper identification, it is necessary for the bureau to ensure that the requester is the subject of the report or score in question. The personal information that is provided to Experian in connection with ordering the credit report or score online is not to be shared with any third parties, except as permitted by law and according to Process Service guidelines. This means that information could be provided to the Experian affiliate only as far as statute may require in the fulfillment of the request and cannot be used for any other purposes.

If a customer requests an investigation of an element in the report that that is inaccurate or incomplete on a said personal credit report, all information relevant to this request must be provided to the credit grantor or data supplier for investigation purposes in compliance with the FCRA. For this reason as well as for fraud detection, Experian must have a collection of the information that is provided to them by the customer. This would involve retention of the customer’s email address and online personal credit report number in order to augment the processing of a request for investigation and Process Service. However, it must be known that the email address does not become part of the credit information and will not be shared with third parties except for legal and subpoena purposes, wherein they will form part of Process Service guidelines. 

Additionally, Experian restricts access to information that the customer has provided only to those employees who need to know such information to in order to process the information the user has requested or pushed to investigate. It is mandated by law that Experian maintains physical, electronic, and procedural safeguards to guard this information as well as distinguishable records. Interestingly, Experian utilizes systems access controls to protect information which would mean that Experian continually monitors access to its systems to detect unauthorized attempts to gain access to information.

[3.0] PROCESS SERVICE ON EXPERIAN

It is necessary to furnish full and complete Process Service in order for any lawsuit to be maintainable. Any legal Process Service to Experian institutions should be addressed to one of the many different Experian entities. Consequently, it is imperative to address the subpoena or other legal papers accurately in order for it to be recognized.

For customers, there is recourse to inaccurate information about the credit history of the individual being reported. However, Process Service must be done adequately to prevent the filing of a motion to dismiss, since insufficient Process Service would mean a lack of personal jurisdiction, especially if the claim upon which relief can be granted is not completed. It is possible to amend the pleading if it fails to comply with the requirements, as long as compliance with Local Rule 103.6(c) is done within twenty-one days, This amendment would need to involve filing a clean copy of the amended complaint and a copy of the amended complaint showing the material to be stricken from or added to the original complaint. 

It must be noted that any complaint against Experian must state a claim for which relief can be granted in order for Process Service to be deemed acceptable.  The claim must allege facts to support it, including the content of the false allegations. Only pursuant to this can relief be granted.

[3.1] HOW DOES THE FCRA REGULATE EXPERIAN

The Fair Credit Reporting Act (‘FCRA’) imposes civil liability on any person—defined to include any corporation or other entity,—who willfully or negligently fails to comply with its requirements. 

Process Service must be served upon an Experian entity in compliance with Fed. R. Civ. P. 4. Sometimes, the plaintiff may rely on the Court and the US Marshalls Service to complete the service of process. This mostly occurs in forma pauperis suits, whereinafter the Court will order the US Marshalls’ Service to conduct said Process Service. 

To allow Plaintiff to effect service on Defendant through the U.S. Marshals Service, the Clerk of Court is instructed to fill out a U.S. Marshals Service Process Receipt and Return form (‘USM-285 form’) for this defendant. The Clerk of Court is further instructed to issue a summons and deliver to the Marshals Service all the paperwork necessary for the Marshals Service to effect service upon this defendant.

The plaintiff must notify the Court in writing if their address changes and the Court may dismiss the action if Plaintiff fails to do so.

[4.0] WHEN CAN A CUSTOMER’S REPORT BE ACCESSED

To access a customer’s report, an organization must have what’s called ‘permissible purpose.’It is legal for firms to investigate personal credit references before doing business with the individual, via the use of a credit report. FCRA severely regulates who may get the credit report and the conditions under which they may do so. Additionally, by having this capacity, the customer also should be able to procure a free copy of their own credit report each year. 

Further, the FCRA  lays down highly specific criteria for why other individuals may request a copy of the customer’s credit report, being [A.] upon application for credit or insurance, [B.] in connection with a customer-initiated business transaction, [C.] to extend a ‘preapproved’ offer of credit or insurance, [D.] if the customer applies for services such as utilities or cellphone accounts, [E.] when a business has an existing credit or insurance relationship with the customer, [F.] for employment purposes, with written permission (employers do not get to see the credit scores) or for the purposes of a potential investor assessing the risk of a current obligation, [G.] when the customer applies for a license or other benefit granted by the government, applicable also in connection with a child support determination or [H.] in response to a court order or federal grand jury subpoena and for Process Service.  

It must be known that by virtue of mere application for an account like a credit card or a loan, the business acquires permission to access their credit report as part of their approval process. Sometimes, this permission is not even explicit. 

To the customer, notice will be provided when one’s credit history is accessed with credit applications. This often indicates that by signing the application, the customer is giving the lender permission to access their credit history. In fact, the only time explicit, written permission is required is when the credit is checked for employment purposes. 

Like its main competitors, TransUnion and Equifax, Experian markets credit reports directly to consumers. Experian heavily markets its for-profit credit reporting service, FreeCreditReport.com; All three agencies have been criticized and even sued for selling credit reports that can be obtained at no cost.

For more information on serving legal papers, contact a Process Service (800) 774-6922. Representatives are available Monday-Friday 8 am – 8 pm EST.  If you found this article helpful, please consider donating.  Thank you for following our blog, A space dedicated to bringing you news on breaking legal developments, interesting articles for law professionals, and educational material for all. We hope that you enjoy your time on our blog and revisit us!  We also invite you to check out our Frequently Asked Questions About Process Servers.

Sources

1. FICO, a Fair Isaac Company, has developed an algorithm to arrive at a credit score from 300 to 850.

2. Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681, is U.S. Federal Government legislation enacted to promote the accuracy, fairness, and privacy of consumer information contained in the files of consumer reporting agencies.

3. If the individual provides their email address, Experian will store it with the online credit report number and will notify said individual when their investigation is completed.

4. Rule 3-124 – Process-Persons to be Served, Md. R. Civ. P. Dist. Ct. 3-124

(d) Corporation. Service is made upon a corporation, incorporated association, or joint-stock company by serving its resident agent, president, secretary, or treasurer. If the corporation, incorporated association, or joint-stock company has no resident agent or if a good faith attempt to serve the resident agent, president, secretary, or treasurer has failed, service may be made by serving the manager, any director, vice president, assistant secretary, assistant treasurer, or other people expressly or impliedly authorized to receive service of process.

5. Brown v. Experian Credit Reporting, No. 12-cv-2048-JKB (D. Md. Dec. 18, 2012)
pro-se plaintiff Chevra D. Brown (‘Plaintiff’) filed suit in the District Court of Maryland for Baltimore County against Experian Credit Reporting (‘Experian’). On May 25, 2012, Plaintiff filed an amended complaint in the State court. The amended complaint alleged that Experian ‘has persistently reported derogatory and inaccurate statements and information relating to Plaintiff and Plaintiff’s credit history to third parties.’ Despite Plaintiff’s alleged efforts to bring these inaccuracies to Experian’s attention, Experian had allegedly failed to correct them

6. see 15 U.S.C. § 1681a(b)

7. Walker v. Schult, 717 F.3d. 119, 123 n.6 (2d Cir. 2013

8. Murray vPataki, 378 F. App’x 50, 52 (2d Cir. 2010) (‘As long as the [plaintiff proceeding IFP] provides the information necessary to identify the defendant, the Marshals’ failure to effect service automatically constitutes ‘good cause’ for an extension of time within the meaning of Rule 4(m).’).

9. Anderson v. Experian, 19-CV-8833 (ALC), (S.D.N.Y. Feb. 19, 2020)

10. See Meilleur vStrong, 682 F.3d 56, 63 (2d Cir. 2012) (holding that it is the plaintiff’s responsibility to request an extension of time for service);

HOW TO SERVE LEGAL PAPERS ON EQUIFAX

Equifax

Undisputed Legal | Georgia Process Service

As one of the three leading consumer credit reporting agencies, Equifax Inc. is based in the U.S. and provides credit reporting for customers both in the United States and throughout the world (together known as the ‘Big Three’). In addition to aggregating information on almost eight hundred million individual customers and about. close to ninety million enterprises globally, Equifax also collects financial and personal data on the majority of the U.S. population. While the company also offers credit monitoring and fraud protection services directly to customers, it also sells credit and demographic data as well as provides assistance to businesses.

[1.0] WHAT DOES EQUIFAX DO

A credit bureau is a data-gathering organization that acquires and accumulates different creditors’ information, which is then sent to a consumer reporting agency in the US, a credit reference agency in the UK, a credit reporting body in Australia, and a credit information company (CIC) in India.  A credit rating agency is not the same as a credit-reporting agency. 

Equifax is a prominent credit-reporting bureau, alongside Experian and TransUnion. In fact, the credit reports from Equifax are quite comparable to the credit reports customers get from Experian, as well as the overall look and feel of those reports. According to Equifax, their reports are both informative and simple to understand. As one of the nation’s largest consumer credit reporting agencies, Equifax maintains offices in countries across the world.  It is listed on the New York Stock Exchange (NYSE) under the symbol EFX. The company derives its headquarters from Atlanta, Georgia.   As mandated by U.S. law, the firm provides one free credit report to each customer each year.

Five years ago, if a borrower who cleared a credit card bill overdue applied for a loan, that borrower’s Equifax record would cause a lender to find out exactly when the late payment was made even today. Debts held by collection agencies and liens against the borrower’s assets are included in the report as well.

Equifax only gives numerical scores, which range from 280 to 850. FICO does this same calculation with the same criteria, however, their equation is not the same as Equifax’s.  Overall, it is difficult to distinguish between the similarities of Equifax and Experian since both reports from the bureau are thorough and pride themselves on providing lenders with a lot of additional information about a borrower’s spending patterns compared to simply a number.  

[2.0] WHAT DOES THE DISCLOSURE OF INVESTIGATIVE CONSUMER REPORTS ENTAIL

No individual can procure or influence the preparation of an investigative consumer report on any consumer unless [A.] it is clearly and accurately disclosed to the consumer that an investigative consumer report including information as to their character, general reputation, personal characteristics and mode of living may be made, and [B.] such disclosure is made in a writing mailed or otherwise delivered, to the consumer. This disclosure should not be done later than three days after the date on which the report was first requested and includes a statement informing the consumer of his right to request the additional disclosures and the written summary of the rights of the consumer prepared as per Georgia Process Service guidelines.

Any person who procures or causes to be prepared an investigative consumer report on any consumer must – upon written request made by the consumer within a reasonable period of time after the receipt by them of the disclosure- make a complete and accurate disclosure of the nature and scope of the investigation requested. This disclosure shall be made in a writing mailed or delivered, to the consumer at a maximum of five days after the date on which the request for such disclosure was first put forward according to Georgia Process Service regulations.

 A consumer reporting agency cannot prepare or furnish an investigative consumer report unless the agency has received a certification from the person who requested the report. Further, it is not the responsibility of a consumer reporting agency to make an inquiry for the purpose of preparing an investigative consumer report on a consumer for employment purposes if the making of the inquiry by an employer or prospective employer of the consumer would violate any applicable Federal or State equal employment opportunity law or regulation.

It must be known that information of public record cannot be included in a report unless while verified during the thirty-day information-gathering period.  Further, a consumer reporting agency cannot prepare or furnish an investigative consumer report on a consumer that contains information that is adverse to the interest of the consumer and that is obtained through a personal interview with a neighbor, friend, or associate of the consumer, unless [A.] the agency has followed reasonable procedures to obtain confirmation of the information, from an additional source that has independent and direct knowledge of the information; or [B.] the person interviewed is the best possible source of the information

[3.0] COURT ACTIONS ON EQUIFAX

Equifax is a consumer reporting agency as defined by 15 U.S.C. §1681a(f) and conducts substantial and regular business activities in other judicial districts for Georgia Process Service purposes. Equifax is a Georgia-based corporation registered to do business in that particular state and may be served for purposes of Georgia Process Service upon the Corporation Service Company, its registered agent for Process Service.  The entity itself is a consumer reporting agency regularly engaged in the business of assembling, evaluating, and disbursing information concerning consumers for the purpose of furnishing consumer reports. 

Within twenty-one days after Georgia Process Service (service of the summons) on the corporation or its registered agent (not counting the day the corporation or agent received it,) the entity must return Georgia Process Service to the plaintiff via an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure.  The answer or motion must be served on the plaintiff or plaintiff’s attorney. 

  1. What are court actions?

Court actions are a record of any action taken by the court such as a writ or summons that is related to the outstanding debt. Court data is provided to Equifax daily, weekly, and monthly and this is then updated directly into the bureau.  It is the responsibility of the courts to provide us with this data while ensuring that this information is kept accurate, up to date, and complete. 

[4.0] HOW TO SERVE A SUBPOENA ON EQUIFAX

Subpoenas may be served according to Georgia Process Service guidelines on Equifax, Inc. It is important to address the legal papers accurately since Equifax itself has multiple entities even within Georgia. Essentially, the branch will accept Georgia Process Service as done to the care of the Custodian of Records, wherein subpoenas may be accepted by mail or fax.   It must be known that mail service is not acceptable. Further, Georgia Process Service information may be procured by contacting Equifax over the phone. A subpoena can also be faxed to Equifax, as long as it is not served by mail. 

It is always important to adhere to Georgia Process Service guidelines, which would include identifying the available means of service and the appropriate address of the entity. It is necessary for every legal subpoena to include the identity of the court from which the subpoena was issued as well as the identity of the court in which the underlying action is pending, complete with a proper citation of the title of the action and the civil action number for adequate Georgia Process Service. Equifax does not demand personal service. 

[5.0] HOW TO FILE A CLAIM AGAINST EQUIFAX

During the period from October 2012 to September 2017, more than 57,000 consumers filed consumer complaints against Equifax with the Consumer Financial Protection Bureau, citing a number of issues with erroneous, outdated, or misattributed information the firm maintained.

Nearly a hundred and fifty million clients of Equifax, Inc. (EFX) were impacted by a security compromise that happened between the middle of May and the end of July. The number was revised on March 1, 2018, when the business discovered an additional two million people who were impacted by the hacking. In the 2017 Equifax data breach, which exposed the personal data of close to a hundred and fifty million people, individuals’ Social Security numbers, as well as driver’s license information, was compromised. As a result of the incident, Equifax agreed to pay hundreds of millions of dollars to assist the customers impacted. According to court papers, there were at least 15 million claims made by the beginning of December, with many weeks remaining for claimants to make new claims. The customers whose credit card details were revealed by Equifax were on par with the number of dispute papers containing the personal information of American consumers that were hacked. It is also conceivable that some Canadians may have been impacted by the incident, while British consumers are also affected by the breach.

Anyone who would want to pursue an initial claim against the Equifax data breach settlement had to file their claim no later than January 22, 2020. However, further challenges to the settlement’s approval prolonged the payout schedule, and appeals to the approval of the settlement can impact benefits. This meant that everyone who had not filed a claim in the first round was encouraged to look out for identity theft connected to the breach (with those who did have filed claims also looking out for identity theft) for compensation for a claim that is valid until 2024, adhering to appropriate filing and Process Service requirements.

Settlement administrator JND Legal Administration was in charge of examining and validating claims. an impartial person tasked with ensuring a court-approved settlement is followed precisely. To check the progress of the claim, the individual must go to the Claimant Portal website and input the claim number. In the event, the individual sought payment for time spent recovering from fraud or ID theft, and they supplied said banking information, the claimant should expect to receive a check or debit card in the mail.  A sum of USD 31 million was set aside for these kinds of claims. It must be noted that amount each individual receives will be lowered correspondingly if the number of legitimate claims is greater. Based on the number of claims submitted, it seems that the expected benefits are likely to be less than the maximum benefit that is available.

However, even if the individual missed the January 22nd deadline, if the person were impacted by the Equifax data breach, they may seek reimbursement for valid Out Pocket losses or Time Spent (excluding losses of money and time associated with freezing or unfreezing credit reports or purchasing credit monitoring or identity theft protection) incurred during the Extended Claims Period if they have not received reimbursement for the claimed loss through other means.

To be eligible, the claim for Out-of-Pocket Losses or Time Spent must occur between January 23, 2020, and January 22, 2024 (the ‘Extended Claims Period’).` Experian provides identity restoration services to anyone who has been impacted by the breach for seven years after the identity theft. Firms, government entities, and credit bureaus are just a few of the companies that can be approached in the pursuit of identity restoration services.

Finally, all U.S. citizens, including those who were not victims of the compromise, will be given six free credit reports each year for the next seven years. One should be submitting requests for free credit reports from the credit agencies on a regular basis. Additionally, customers may use a personal finance website, a bank, or a credit card provider to check current credit.

To summarise, the settlement has established a claims period beyond the erstwhile January 22nd deadline. If one were a victim of the breach, further advantages are available. An individual may verify whether they are part of the settlement via the settlement website. Out-of-pocket costs and time spent addressing fraud or identity theft resulting from the breach are included in the extended benefits. No reimbursement is granted for time and money spent preserving the individual’s credit, however. Jan. 22, 2024, is the deadline by which claims must be lodged. First-come, first-served claims will be paid and information about individual accounts is shared with the credit bureaus whenever they use credit products such as auto loans, credit cards, or a mortgage.

For more information on serving legal papers, contact a Georgia Process Service (800) 774-6922. Representatives are available Monday-Friday 8 am – 8 pm EST.  If you found this article helpful, please consider donating.  Thank you for following our blog, A space dedicated to bringing you news on breaking legal developments, interesting articles for law professionals, and educational material for all. We hope that you enjoy your time on our blog and revisit us!  We also invite you to check out our Frequently Asked Questions About Process Servers.

Sources

1. How are FICO Scores Calculated? myFICO, https://www.myfico.com/credit-education/whats-in-your-credit-score#:~:text=FICO%20Scores%20are%20calculated%20using,and%20credit%20mix%20(10%25). (last visited Jun 5, 2021)

2. 15 U.S.C. § 1681d](a)

3. Pursuant to section 609(c) [§ 1681g

4. That relates to an arrest, indictment, conviction, civil judicial action, tax lien, or outstanding judgment

5. Or with another person with whom the consumer is acquainted or who has knowledge of such item of information

6. 15 U.S. Code § 1681a – Definitions; rules of construction

(f)The term ‘consumer reporting agency’ means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.

7. Said term is defined under 15 U.S.C. §1681(d) to third parties.

8. This limitation is sixty days if the entity served is the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.P. 12 (a)(2) or (3)

9. Phone: 404-885-8362

10. Fax: 888-826-0692

11.Address for Process Service

 211 Perimeter Center Pkwy #300
Atlanta, GA 30346
Ph: (678) 795-7972
Fx: (678) 795-7954

12. ATTN: Custodian of Records
P.O. Box 105139
Atlanta, GA 30348-5139

13. Ng, Alfred (September 7, 2018). ‘How the Equifax hack happened, and what still needs to be done. CNet.

14. ‘Failure to patch two-month-old bug led to massive Equifax breach’. Ars Technica. September 14, 2017.

15. JND Featured in The New York Times as Administrator for Equifax Data Breach Settlement, https://www.jndla.com/news/equifax-data-breach-settlement 

16. Equifax to Pay at Least $650 Million in Largest-Ever Data Breach Settlement The New York Times, https://www.nytimes.com/2019/07/22/business/equifax-settlement.html 

HOW TO SERVE LEGAL PAPERS ON CRAIGSLIST

Craigslist

Undisputed Legal | California Process Service

One of the world’s most popular classified sites, Craigslist has local listings for over five hundred cities. Most of the classified advertising seen on the site has certain categories, such as housing, job listings, objects for sale, and services. Not to mention there is a forums component that enables users to talk about a wide range of subjects such as gardening and the Linux operating system.

The inventor of Craigslist, Craig Newmark, and CEO Jim Buckmaster chose to make Craigslist a useful, non-commercial means for individuals to meet and engage with others in their local communities. Craigslist does not charge for posting to the majority of its classifieds categories, and it is also free to read and answer to advertisements. The website’s worth is found in its utilitarian design and the input of the people using it. 

[1.0] HISTORY

Craig’s list was created in 1995 by Craig Newmark, a software developer, as a nonprofit e-mail program for the San Francisco Bay region of California that alerts people about forthcoming events. Over time, Newmark developed a forum for users of the Web site where they could discuss topics of mutual interest. As the number of community members interacting with the site increased, the material was modified to fit their needs. Because it started as a not-for-profit classified advertising Web site in 1999, Craigslist began collecting fees for job postings in locations like New York City, where it gets the bulk of its income. There are several other functions available for users to implement, such as posting messages, participating in local conversations, buying and selling products in the ad area, and finding employment and romance.

In 2000, with the hire of businessman James Buckmaster as CEO, Craigslist started to provide additional services, including selling products online and managing real estate transactions.

[2.0] HOW CRAIGSLIST WORKS

It is mandatory to register a Craigslist account if anyone wishes to participate in forum discussions or post adverts. To become a member, all users need is an e-mail address. Once users input their email address and include a unique phrase to block automated posting systems, they will get an email that contains a link they need to click on to validate the account and log in. The user has officially joined the Craigslist community after doing that. Craigslist users are responsible for maintaining a healthy level of material on the site by checking what is posted. Some users mark articles to bring attention to topics that are especially fascinating, while others use flags to call focus to the negative aspects of the site.

People post notices on Craigslist’s Community section just as they would at a community center’s bulletin board. It has subsections including ‘local news,’ ‘politics,’ ‘announcements,’ ‘volunteer opportunities,’ and ‘rideshare programs.’ Gigs are really for tasks that last for a short time, rather than employment that people intend to hold on to.

[2.1] OWNERSHIP AND FINANCIALS

Craigslist CEO Jim Buckmaster has asserted that Craigslist had no interest in increasing profit. Instead, he said, the site wanted to assist its customers in finding the service that fits them. Consequently, Craigslist has established itself as the site of choice for American cities for paid job postings. Informally, however, financial and ownership information is not disclosed. Interestingly, their business style is defined as ‘quasi-socialist,’ since they are concerned with providing features to users regardless of their potential to earn. 

The now-famous statement that eBay acquired a 25% share in Newmark’s firm from a former employee was made by founder Craig Newmark on August 13, 2004. Craigslist supporters were worried that this new addition may upset the non-commercial ethos of the service. However, since April 2012, the utility of the site and its non-advertising character have not changed. There has not been overt corporate advertising and no banner adverts, nor have companies been charged for whatever service they were offered.

It was said that the corporation was mostly controlled by Newmark, Buckmaster, and eBay (the three board members). About 25% of eBay was held by Newmark, and it is assumed that Newmark is the majority owner. However, eBay hit a rift in April 2008 and filed a lawsuit against Craigslist to ensure that the online classified site ‘safely and successfully developed its four-year financial investment.’ eBay claims that Craigslist officials’ decisions in January 2008 had the effect of ‘unfairly diluting’ eBay’s share by more than 10%. In May 2008, Craigslist said it had sued eBay, seeking compensation for the alleged losses in fair competition caused by eBay’s conduct as a Craigslist shareholder.

[3.0] CUSTOMER-TO CUSTOMER INTERFACE

Craigslist, Inc. provides services through its websites, programs, and computer servers, including but not limited to classified advertising, forums, and email forwarding. By accessing or using Craigslist, the person is a ‘user’ and accepts and agrees to the terms (the ‘Terms of Use’ or ‘TOU’) as a legal contract between the user and Craigslist. The Terms of Use include and incorporate additional terms (‘guidelines’) applicable to particular categories or services available on Craigslist as set forth to users upon access to such categories or services. Craigslist may post changes to the terms of use at any time, and any such changes will be applicable to all subsequent access to or use of Craigslist.

It is necessary for an individual to comply with, and to ensure compliance with, all laws, ordinances, and California  Process Service regulations applicable to their activities on Craigslist since the Terms of Use grant the individual a limited, revocable, nonexclusive license to access Craigslist and use Craigslist. Craigslist employs Customer to customer (C2C) as a business model whereby customers trade with each other using a third-party platform. 

[3.1] MODERATION

Craigslist has the right, but not the obligation, to regulate content. To regulate conduct like limiting unauthorized access to Craigslist and enforcing the terms of understanding comes within the ambit of what Craigslist deems necessary or appropriate. Craigslist can start, stop or modify any regulation or enforcement measures at any time, especially in order to comply with strict  California Process Service regulations.

It must be known that a user cannot maintain and use more than one account, including a telephone or phone-verified account (‘PVA’), to post content and specifically may not create or use additional accounts for the purpose of circumventing technological restrictions (security measures) in the posting process or otherwise for posting content in violation of the terms of use. For this reason, Craigslist information is often combed by law enforcement, identifying key information about the user at hand. Police often scan the Craigslist segments for information and often issues requests for records in order to identify key information.

A user may create an account, including a PVA, only on their own behalf and cannot permit others to create accounts or PVAs for him/her. The creation of accounts or PVAs for others is expressly prohibited since a user must only their own account or PVA, and may not use any account or PVA of another.

[3.2] HOW DOES CRAIGSLIST DEAL WITH UNAUTHORIZED ACCESS AND ACTIVITIES

To maintain the integrity and functionality of Craigslist for its users, access to Craigslist and activities related to Craigslist that are harmful to, inconsistent with, or disruptive of the users’ beneficial use and enjoyment of Craigslist are expressly unauthorized and prohibited. For example, without limitation, the collection of Craigslist users’ personal information (including but not limited to email addresses, IP addresses, and telephone numbers) is not allowed for any purpose. Any copying, performance, or unauthorized derivative use of Craigslist or any content posted on Craigslist whether done directly or through intermediaries is prohibited. There is an exception afforded to internet search engines and archives that are public and not for commercial use, wherein the engine can access Craigslist without individual written agreements as long as it [A.] provides a direct hyperlink to the relevant Craigslist website, service, forum or content; [B.] accesses Craigslist from a stable IP address using an easily identifiable agent; and [C.] complies with CL’s robots.txt file. 

Any effort to decompile, disassemble or reverse engineer all or any part of Craigslist in order to identify, acquire, copy or emulate any source code or object code is expressly prohibited.

[4.0] PERSONAL INFORMATION REQUESTS

Craigslist keeps an account of all the data it has collected in the last twelve months, where it got it, why it collected it, and the categories of third parties to whom it disclosed it, which is highly relevant when it comes to  California Process Service effected on Craigslist. Disclosure to ‘Payment processors’ applies when one pays for a Craigslist post using a credit card. The user enters information like first and last name, email address, phone number, or mailing or street addresses that are disclosed to specific individuals. For example, the first and last name, as well as phone number information, is disclosed to payment processors and phone verification service providers for enumerated purposes like facilitating transactions and personalizing the individual’s use of Craigslist or for user-to-user communications, combatting fraud/abuse. 

If the user has logged into Craigslist, their email address has been used in order to ostensibly create the account and facilitate user-to-user and Craigslist-to-user communications. It must be known that this information can be disclosed to no individual, although a mailing or street address (still falling under user entry) could be disclosed to payment processors in the same manner for account and post creation. Craigslist communicating with corporate users, facilitating transactions, and personalizing the use of Craigslist should also be available under California Process Service regulations. Credit card data may also be available to payment processors. 

Craigslist can share personal data in order to  [A.] respond to subpoenas, search warrants, court orders, or other legal California Process Services. [B.] protect the rights, property, or safety of Craigslist users, Craigslist, or the general public, [C.] at the direction of the individual or [D.] in connection with a merger, bankruptcy, or sale/transfer of assets.

CL retains data to assist customers and California Process Service in using Craigslist, to prevent fraud and abuse, and in compliance with applicable laws and California Process Service regulations. Despite good-faith attempts to store data securely, Craigslist cannot make a wholehearted guarantee in that regard.

[4.0] SERVING CRAIGSLIST INC. 

Craigslist Inc. was registered with the California list of Business entities on 15th November 2004, falling under Delaware jurisdiction. The entity itself comes under the business of foreign stock. California Process Service may be accepted by mailing it to the entity or by directly serving it to the agent for Process Service. 

Official requests for the release of records can be submitted by email, fax, or mail as long as it is addressed to the Custodian of Records for California Process Service. However, if the information required is not specific, general questions and questions of status may be provided to the Legal Department at legal@Craigslist.org. It is necessary to indicate what the preferred method of delivery for the response would be equally important that each of these methods can return information at different speeds. Return of records by email provides the fastest turnaround, which is why the information should be specified under California Process Service. Additionally, if the request involves sending a list of posting ID numbers, it is a key component to place said place numbers in ascending order.

If in case the ID numbers or another specific criterion like user email addresses are not provided, it is sufficient, if a bit vaguer, to provide specific search criteria like date range, category, Craigslist site, and keywords. 

 [4.2] SERVING CRAIGSLIST CHARITABLE FUND

Craigslist Charitable Fund was registered on 30th November 2008, coming entirely under California jurisdiction in its capacity as a domestic non-profit. However, the company stands currently dissolved, although California Process Service was easily provided upon the company by personal California Process Service, Process Service by the registered agent, or Process Service by mail 

Visiting Craigslist.org is enough to complete the job if all users want to do is look around. There are several categories, each of which has various subcategories, so it’s simple to choose the right one.  Ads feature the member’s e-mail address more often than not. Craigslist allows users to disguise their email addresses to help protect their privacy. The person who submitted the ad, as well as the person who replies to it, are the only two participants in a transaction. Only someone reporting a concern will allow the Craigslist staff to become involved in any transactions or conversations.

For more information on serving legal papers, contact a California Process Service (800) 774-6922. Representatives are available Monday-Friday 8 am – 8 pm EST.  If you found this article helpful, please consider donating.  Thank you for following our blog, A space dedicated to bringing you news on breaking legal developments, interesting articles for law professionals, and educational material for all. We hope that you enjoy your time on our blog and revisit us!  We also invite you to check out our Frequently Asked Questions About Process Servers.

Sources

1. Which includes but is not limited to postings, text, code, images, video, binary files, ads, accounts, account information, flags, emails, messages and any other user communications (‘content’)) posted to, stored on or transmitted via Craigslist by any user (or any other third party in any manner

2. Including but not limited to automated and manual screening, blocking, filtering, exclusion from index pages, exclusion from search results, requiring the use of an application programming interface (API), requiring the use of a bulk posting interface, authorization, verification, and the deletion and/or termination of content, accounts and/or all or any use or access

3. including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds

4. provided, however, that CL may terminate this limited exception as to any search engine or public archive (or any person or entity relying on this provision to access Craigslist without their own written agreement executed with CL), at any time and in its sole discretion, upon written notice, including, without limitation, by email notice.

5. Entity Address:

222 SUTTER STREET 9TH FLOOR
SAN FRANCISCO CA 94108

6. 2007 California Corporations Code Chapter 21. Foreign Corporations CA Codes (corp:2100-2117.1)

 Any foreign corporation (other than a foreign association) not transacting intrastate business may register its

corporate name with the Secretary of State, provided its corporate name would be available pursuant to Section 201 to a new corporation organized under this division at the time of such registration.

7. Entity Mailing Address:

222 SUTTER STREET 9TH FLOOR, SAN FRANCISCO CA 94108

8. Agent for Service of Process:

JASON A. YURASEK
235 MONTGOMERY STREET SUITE 1158
SAN FRANCISCO CA 94104

9. Process Service by email:
legal@Craigslist.org
(please send request as a PDF file

10. Process Service by fax:
415-504-6394
Attn: Custodian of Records

11. Process Service by mail:
Craigslist
222 Sutter St. 9th Floor
San Francisco, CA 94108
Attn: Custodian of Records

12. 1234567890, 1234567891, 1234567892, etc.

13. Corp. Code, §§ 5110 et seq. [nonprofit public benefit corporations]

14. Entity Address:

222 SUTTER ST 9TH FL
SAN FRANCISCO CA 94108

15. Agent for Service of Process:

JASON A YURASEK
235 MONTGOMERY ST STE 1158
SAN FRANCISCO CA 94104

16. Entity Mailing Address:

222 SUTTER ST 9TH FL
SAN FRANCISCO CA 94108

HOW TO SERVE LEGAL PAPERS ON CITIBANK

 

Citibank

Undisputed Legal | Process Service

Citigroup Inc. is an American multinational investment bank and financial services firm based in New York City. Citicorp and Travelers Group merged in 1998, with Travelers then separated from the firm in 2002. Citicorp owns Citibank along with other overseas subsidiaries, all of which are owned by Citi Holdings. Citigroup is headquartered in Delaware.

Fourth in size and one of the largest banking institutions is Citigroup, so predominant in the industry that it has almost double the assets of the fifth-largest bank.  The four biggest are JPMorgan Chase, Bank of America, Wells Fargo, and the “Big Four” (sometimes known as the Big Four combined a U.S. regional or domestic bank). The Financial Stability Board designates this bank as being systemically important, deeming it to be too large to fail. A major reason for this is that Citigroup has continually qualified in its bulge Bracket designation as one of the nine major investment banks.

Citibank is the consumer division of financial services multinational Citigroup. Citibank was founded in 1812 as the City Bank of New York, and later became First National City Bank of New York.  It is interesting to note that Citibank has had a highly distinguished history, notably financing war bonds for the War of 1812 and serving as a founding member of the financial clearinghouse in New York (1853) as well as underwriting the Union during the American Civil War, opening the first foreign exchange department of any bank and receiving a five million dollar deposit to be given to Spain for the US acquisition of the Philippines.

[1.0] HISTORY

In the 1970s, Citibank revolutionized the banking system by introducing the ATM, along with a number of other innovations, notable certificates of deposit, and compounded interest on savings accounts. The bank has dipped its hands into additional, slightly less positive financial dealings, as well. One of the first recipients of the Troubled Asset Relief Program (TARP) money during the 2008 housing crisis was Citi, which was given USD 25 billion by the federal government as compensation for mismanaging its mortgage assets.  The stock price had plunged from nearly $500 to $35 when the Secretary of the Treasury switched on the public faucet that gave the bank money. Citi’s shares have stayed in the double digits for a long time after several splits and reverse splits. The bank is a component of the ProShares UltraPro Short S&P500 ETF.

[1.2] HOW DOES CITIBANK WORK

Citi, which saw almost twenty billion in losses in 2008 due to doubling down on subprime mortgages at the onset of the financial crisis, set up two separate companies:  [A.] Citicorp and [B.[ Citi Holdings. Citicorp has been established as the core business but all of the companies and assets are kept under Citi Holdings to ensure that their value is maintained throughout time. Citicorp has distinct divisions for Citi’s “core” business (consumer banking, institutional customers, and corporate) that it controls completely. “Citibank” is the first of such divisions.  It offers basic banking services, such as keeping customer deposits, loaning money to small companies, and delivering basic financial advice. Additionally, Citi’s card business is home to one of the banks’ greatest profit margins as under Citicorp.

The second section of Citicorp is known as the institutional client group. Citi’s conventional investment banking includes the many corporate and securities loan services the firm offers. Citi acted as the principal financial adviser during the merger of Sprint Corp. (S) with SoftBank.  Similar to corporate departments in other non-bank businesses, Citicorp’s last division is its corporate department. This is an account used for day-to-day operations, payroll, and assets such as the bank’s own real estate holdings. But it is necessary, anyway

A very modest portfolio of around fifty billion assets (which equals 3% of Citigroup’s entire balance sheet) is managed by Citi Holdings. When Citi Holdings was in its prime, it managed to hold eight hundred billion USD in assets, making it the fifth-largest bank in the United States. On the other hand, Citigroup made the decision in Q4 2016 to stop presenting results for Citi Holdings and Citi Holdings alone in their reports.

[1.3] GLOBAL REACH

Citi operates in more than a hundred and fifty countries. Altogether, the operations of the entity are separated according to geographic region, with North America, Latin America, Asia Pacific, and Europe/the Middle East/Africa being the key groups. North America has been Citi’s most profitable region, especially for consumer banking, where it far outstrips the rest of the divisions. Further, credit cards have seen perpetuation as a steady course of profit for the company. 

Citigroup is the holding company for the following divisions: 

  1. Citigroup Global Markets, Inc.: Citigroup Global Markets Limited (UK), and Citigroup Global Markets Japan are broker-dealers and form one of the twenty-four original and primary dealers in United States Treasury securities.
  2. Citi’s Institutional Clients Group (ICG) is focused on private and public company investment and corporate banking and provides financial and advisory services for these firms and organizations. ICG has comprised five primary departments.
      • Capital Markets Origination is focused on capital-raising needs such as public offerings, private placements, and special purpose acquisition companies. 
      • Corporate & Investment Banking provides strategic and financing products and advisory services to multinational and local corporations, financial institutions, governments, and privately held businesses in more than 160 countries. It also provides client services such as mergers & acquisitions advice and underwriting of initial public offerings. 
      • Markets & Securities Services encompasses service providers for investors, such as custody, clearing, and exchange services, as well as investors themselves. It offers investment solutions, such as investment funds, through underwriting, sales, and trading various types of investment assets. Facilities offered include stock, commodity, currency, foreign exchange (FX), emerging markets, G10, muni, prime finance/brokerage, and CDO securities. Citi Research is one of the premier economic research organizations and helps its individual and institutional customers get insight into a wide range of economic sectors, regional markets, and product areas. This firm is known for publishing high-quality research papers with titles such as the following: Portfolio Strategist, Bond Market Roundup, U.S. Economics Weekly, International Market Roundup, Global Economic Outlook & Strategy, and the Global Equity Strategist.
      • Citi Private Bank advises equity investors, extremely high-net-worth individuals (UHNWIs) and families, and attorneys from around the globe all contribute to the investments. It offers customers access to the global investment markets via an open architecture platform of 800 private bankers and professional investors that operate in 46 countries and jurisdictions. Over USD250 billion in assets are managed by the organization. To get a waiver, law firm groupings and other clients are required to meet the minimum net worth criterion of USD 25 million in liquid assets. 
      • Treasury and Trade Solutions (TTS) The firm serves enterprises, governments, and organizations in the United States and 140 countries via cash management, trade, and securities services. TS handles over three trillion dollars every day in worldwide transactions. This supports 99% of the world’s Fortune 100 firms and 85% of the world’s Fortune 500 corporations. Institutions utilize TTS to help support their treasury operations by partnering with export credit agencies and development banks for payments, collections, liquidity, and investments. This corporation also offers supply chain finance solutions and medium- and long-term worldwide finance solutions in numerous sectors. More than 60% of Transaction Services’ overall revenues are generated by clients that do business in ten or more countries.

[2.0] HOW TO SERVE A SUBPOENA ON CITIBANK

Most companies in the course of doing business must provide financial and other information to various federal, state, and local government agencies, as well as to private parties in order to do business and adhere to Process Service regulations. A further additional point to note is that Citigroup affiliates and subsidiaries fall within different regulated institutions, such as banks, registered brokers, futures commission merchants, investment advisors, and several other authorities. Citigroup and similar affiliates and subsidiaries have many Process Service requests, subpoenas, and orders issued to them pertaining to their regulated operations. Other requests made to Citigroup and Related Parties by federal and state law enforcement agencies include, for example, federal and state prosecutors, the DOJ’s Asset Forfeiture and Money Laundering Section, and the Treasury’s Financial Crimes Enforcement Network (FINCEN).

Subpoenas may be served according to Process Service guidelines at any Citibank branch. Essentially, the branch will accept Process Service as done to the care of the Citibank Legal Services department. It must be known that subpoenas in specific must be sent to the Subpoena Compliance Department. Further, Process Service information may be procured by contacting Citibank over the phone. A subpoena can also be faxed to the Citibank entity, without the necessity to serve the original by mail. 

Citibank will only respond to subpoenas if they are served correctly and adhered to Process Service guidelines. All subpoenas must be served to Citibank, identifying the North American branch considering the different Process Service requirements for out-of-state subpoenas. It is necessary for every subpoena to include the identity of the court from which the subpoena was issued as well as the identity of the court in which the underlying action is pending, complete with a proper citation of the title of the action and the civil action number for adequate Process Service. Citibank does not demand personal service.

For deposit account records like checking, savings, and state matters, Process Service must be done to the care of Citibank Legal Services. For any deposit over USD 100, banks must keep records for at least five years. Banks may retain these records for longer periods if they choose to do so.

Additionally, an application to withdraw or change the subpoena may be filed with the Supreme Court, supplemented by a move to quash or change a document, or to amend the subpoena. Additionally, the grant or denial of a petition to cancel or modify may be subject to the requisite Process Service requirements via the identification of reasonable facts that might impact the approval of this change.

Whether a person intends to serve the Secretary of State with reference to Citibank or use the previous addresses, it is critical to be aware of where their Process Service documents will be sent. To proceed with Process Service, the server should have an authorized person signed as a receiver. If they refuse to accept the Process Service, further rules for proper Process Service apply to the server. To be effective, it is essential to verify if the summons was properly served and accepted in accordance with Process Service with special vigilance to be exercised in accordance with the state’s Rule of Civil Procedure with the envelope. Thus, as long as the server met with the required notice of Process Service and evidence delivery requirements on Citibank, the server would have properly served all papers on the parties, and the lawsuit could be commenced or the subpoena responded.

[2.1] HOW DOES CITIBANK DEAL WITH PERSONAL INFORMATION REQUESTS

Citibank uses the Personal Information they collect to send users technical notices, updates, security alerts, and support and administrative messages (such as changes to our terms, conditions, and policies) and to respond to comments, questions, and customer service requests, although they may also use it in order to analyze trends, usage, and activities in connection with their services;

[2.2] HOW PERSONAL INFORMATION IS SHARED

During at least the past twelve months, Citibank has disclosed Personal Information for the following business purposes or in order to support certain Citi entities’ use of information in accordance with this Notice. Further, third-party service providers, who provide services such as website hosting, data analysis, information technology, and related infrastructure provision, customer service, processing their transactions, e-mail delivery, auditing, and other services. 

It is also important for Citibank to provide personal information in order to cooperate with public and government authorities and law enforcement, and to respond to their requests, or to provide them with information as required. Additionally, information may be taken for legal purposes in order to monitor compliance with and enforce their terms and conditions or in conjunction with a sale or business transaction, such as to an acquiring entity or its advisors in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings).

Citibank is also authorized to provide aggregated or de-identified information with the caveat that it cannot reasonably be used to identify these users to help deliver products, services, and content that are tailored to the users of their services and for other purposes. Citibank may transfer information to Citi-affiliated companies or other parties throughout the world. It must be noted that personal information is not knowingly collected from children under the age of thirteen. 

If a subpoena has been levied upon Citibank, which may require it to disclose Confidential Information, Citibank is required to be provided with written notice and documentation thereof as soon as practicable. 

The types of personal information that is collected and shared depend on the product or service that the individual has with Citibank.  This information can include: [A.]  Social Security number and income, [B.] account balances and employment information, and [C.] credit history and transaction history. 

Interestingly, Citigroup was one of the five major financial companies that failed the stress tests conducted by the Federal Reserve on March 26, 2014. Citigroup failed because it failed to tackle qualitative issues even though the regulators had previously identified them as risks in the earlier stress test. In the study, Citigroup was said to have missed projecting revenues and losses under a stressed scenario for some worldwide operations and the firm’s capacity to accurately produce stress testing scenarios that reflected all aspects of the company’s operations.

Citi passed its first CCAR test on March 11, 2015, and was allowed to boost its dividend to 5 cents per share and reveal a seven billion share buyback program.

For more information on serving legal papers, contact a Professional Process Service (800) 774-6922. Representatives are available Monday-Friday 8 am – 8 pm EST.  If you found this article helpful, please consider donating.  Thank you for following our blog, A space dedicated to bringing you news on breaking legal developments, interesting articles for law professionals, and educational material for all. We hope that you enjoy your time on our blog and revisit us!  We also invite you to check out our Frequently Asked Questions About Process Servers.

Sources

1. FRB: Large Commercial Banks– March 31, 2021, https://www.federalreserve.gov/releases/lbr/current/ (last visited Jun 2, 2021) 

2. 2019 165(d) Resolution Plan: Citigroup Material Legal Entities

3. with USD 50 million in war bonds

4. U.S. Securities & Exchange Commission. “Form 10-K, Citigroup Inc.” Accessed Mach 31, 2021.

5. (605) 331-1662

6. Citibank Online, https://online.citi.com/US/ag/contactus (last visited Jun 1, 2021) 

7. Credit Card Subpoenas go to:

Citibank NA c/o Legal Services
701 E. 60th Street North
Mail Code 1251
Sioux Falls, SD 57117
Fax: 347-809-6937

8. Berrios v. Citibank N.A., Civil No. 11-1224 (JAF), (D.P.R. May. 7, 2012)

9. 5800 South Corporate Place
Mail Code 451
Sioux Falls, SD 57108
Fax: (347) 809-6937

Citibank moved its credit card operations to Sioux Falls, South Dakota in 1981 after the state eliminated caps on interest rates. In 2013, Citibank employed 2,900 in Sioux Falls and is one of the largest employers in the city. In 2018, they began building a new headquarters that was to be 150,000 square feet of office space on a 19-acre campus.

Subpoena Compliance Dept: 

10. a list of Citi entities who may access your Personal Information can be found at http://www.sec.gov/Archives/edgar/data/831001/000083100115000043/citi-exhibit2101x12312014.htm

11. From the Citibank privacy website …”to protect our rights, privacy, safety, or property, and/or that of our affiliates, you or others, to protect against fraud, crime, illegal activity, anti-money laundering, or anti-terrorism, and for risk management purposes”

12.Benoit, David (13 March 2012). “Stress Tests: Official Statements From Banks”. The Wall Street Journal. 

HOW TO SERVE LEGAL PAPERS ON CHRISTIE’S

Christie's

Undisputed Legal | New York City Process Service

Christie’s has had a long and sparkling history in its field, being one of the biggest auction houses to date. Christie’s was established in 1766 by James Christie, an English industrialist. The building’s premises are based in London’s King Street and New York City’s Rockefeller Center. The corporation is owned by François-Henri Pinault’s holding firm, Groupe Artémis. A notable fact is that the highest price paid for a single artwork in Christie’s was in 2017 when the Salvator Mundi was sold for four hundred million dollars at Christie’s in New York.

Since 1823, Christie’s main London saleroom has been located on King Street in St. James’s. In 1975, it debuted with a South Kensington, London saleroom, which mostly dealt with the mid-market range. In order to streamline the organization, Christie’s permanently shuttered the South Kensington saleroom in July 2017. The decline in revenue during the two-year period that preceded the closure was a significant factor in the closure, especially in the context of the company expanding into online sales.

[1.0] CHRISTIE’S INC 

In 1977, the firm created an international division in the Delmonico’s Hotel’s grand ballroom on the second floor, at Park Avenue in New York City. After more than three decades, it took a $40 million lease on a site at Rockefeller Center for a 30-year period to secure it. The firm filed its Department of State registration on August 18th, 1976, whereinafter it rechristened itself from Christie, Manson & Woods International, Inc. This change occurred in 1995.

Process Service on Christie’s Inc. may be done on its registered agent, Registered Agent Solutions, Inc. The main store of Christie’s East, which specialized in less expensive works of art and collectibles, was situated at 219 East 67th Street in New York City until 2001. This new purpose of Christie’s became clear in 1996 when the auction firm purchased a townhouse on East 59th Street in Manhattan as a separate gallery where specialists could conduct private treaty transactions without having to worry about attracting guests’ attention. The Beverly Hills salesroom was established by Christie’s in 1997.

In early 2017, Christie’s announced plans to close its secondary South Kensington salesroom at the end of the year and scale back its operation in Amsterdam. 

[2.0] CHRISTIE’S AND ITS SUBSIDIARIES

[2.1] CHRISTIE’S OF MANHASSET

Christie’s Of Manhasset, Ltd. was established on Oct 20 1992 as a domestic business corporation, The county for this New York company in Nassau. Consequently, the laws of New York are applicable herein. 

The Department of State will forward Process Service if accepted on behalf of the entity. In this instance, the Process Service is mailed to a high-ranking officer, Christie Mucci, in consideration of the fact that Christie’s of Manhasset Ltd. does not retain a registered agent.

[2.2] CHRISTIE’S FINE ART STORAGE SERVICES (CFASS)

Christie’s Fine Art Storage Services has evolved to be one of the most important subsidiary companies of Christie’s. The initiative for the subsidiary evolved while attempting to satisfy external customers’ growing demand for storage services, whereinafter Christie’s began providing 100,000 square feet of indoor storage space in London in 1984. The company thus opened a brick warehouse that was given ‘exempt status’ by HM Revenue and Customs, indicating that goods could well be imported into the UK and archived without having to pay import tariffs. CFASS is a fully owned company that manages Christie’s storage facility.

Christie’s then rented an early 1900s warehouse in Red Hook, Brooklyn, and has converted it into a 250,000-square-foot art storage facility for USD 30 million. It was completed in 2010 and has a bleeding-edge security system along with air-conditioning and humidity controls that maintain a remarkably consistent relative humidity.

The facility, located on the Atlantic Ocean shoreline along the Upper Bay tidal river, was struck by at least one surge from Hurricane Sandy in 2012. After certain customer breaches and complaints arose due to damage to pieces of art, CFASS had to confront even greater numbers of defections and complaints.

Christie’s Fine Art Storage Services was incorporated relatively recently with the Department of State on April 21st, 2009. Although it is registered in Kings County, Christie’s  Fine Art Storage Services comes under Delaware jurisdiction. Process Service is accepted via a registered agent or by service upon a high-ranking officer of the company. 

[2.3] CHRISTIE’S NEW YORK ART TRADING SERVICE CO. LTD

Christie’s Fine Art Storage services should not be confused with Christie’s New York Art Trading Service Co. Ltd, filed for incorporation with the Department of State on September 21st, 2016.

Christie’s New York Art Trading Service Co. Ltd is thus a domestic business corporation incorporated under the laws of New York, registered in the county of Albany. The Department of State will mail Process Service to the entity in case they ever receive Process Service on their behalf.  Process Service on a registered agent may be made in the manner provided by law for the service of a summons. This procedure acts as if the agent was a defendant and thus fulfills New Process Service upon the agent. Christie’s New York Art Trading Service Co. Ltd does not have a registered agent, whereinafter the requisite Process Service can be made to the Secretary of State on behalf of the agency. 

[2.3] CHRISTIE’S EDUCATION

One of the unique things about Christie’s Education is that it is entirely owned and operated by Christie’s auction house, which results in a curriculum that is difficult to replicate. For those interested in the art market, Christie’s Education offers a varied choice of courses, including art history, collecting, art business, and luxury. Christie’s Education was filed with the Department of State for its incorporation on January 26th, 1996. 

The corporation is governed by the laws of the state of Delaware, although the corporation itself is located in New York in its capacity as a foreign business corporation for the state of New York. Notwithstanding the nature of the business and the category of the corporation, the Department of State-compliant Process Service will be performed in the State of New York for this company, with designated officers selected that are eligible to approve Process Service due to their position within the organization. Considering that the entity is based in Delaware and is a foreign business corporation, it stands to reason that the corporation’s New York base is identified as the Principal Executive Officer of Christie’s Education, which is not the same as the office where the Department of State may serve Process Service.

It must be understood at this juncture that Process Service for Christie’s Education may be done on their appointed Registered Agent, who remains CT Corporation. Generally, to address Process Service or to change the agent for the same, it is required that the corporation notify the current registered process operator, or notify the secretary of state. Some agencies will handle this change as one of their services

[2.4] CHRISTIE’S ENTERPRISES

At Christie’s Enterprises, the county of filing was Nassau when the Group filed for Department of State incorporation on August 7th, 2008. If necessary, the Department of State is empowered to accept Process Service on behalf of the entity, given the power upon the filing of the incorporation with the state. 

Process Service on a registered agent may be made in the manner provided by law for the service of a summons. This procedure acts as if the agent was a defendant and thus fulfills New York City Process Service upon the agent. Christie’s Enterprises does have a registered agent, whereinafter the requisite Process Service can be made to the Secretary of State on behalf of the agency. However, unlike most of Christie’s subsidiaries, the registered agent is a Corporation Service Company. 

Process Service can be done upon a domestic or authorized foreign corporation, limited liability company, limited partnership, or limited liability partnership, although this  Process Service usually requires that two copies of the Process Service be personally served on the New York Secretary of State or any person authorized by them at the Office of the New York Department. The Department of State will mail Process Service to the entity at their offices if they accept New York City Process Service on behalf of the entity.  

If New York City Process Service is levied on the Secretary of State as an agent of a domestic corporation an authorized foreign corporation, this Process Service is only acceptable by personally delivering to and leaving with the Secretary of State or their deputy said requisite documents. At the office of the Department Of State in the city of Albany, it is necessary to provide duplicate copies of such Process Service together with the statutory fee, which fee shall be a taxable disbursement in order to complete service. 

The Secretary of State shall promptly send one of such copies by certified mail, return receipt requested, to such corporation, at the post office address, on file in the Department of State, specified for the purpose of Process Service.

[2.5] CHRISTIE’S INTERNATIONAL REAL ESTATE GROUP, INC.

Christie’s International Real Estate Group Incorporated filed under the Department of State first on April 24th of 1987, being eligible for New York-based jurisdiction. Christie’s International Real Estate Group Incorporated is thus a domestic business corporation incorporated under the laws of New York, allowing for New York jurisdiction over its functioning. The Department of State is supposed to mail the process to the entity in case they ever receive the process on their behalf.

Christie’s International Real Estate Group has designated Registered Agent Solutions as its registered agent. Consequently, the Department of State Process Service will be mailed on behalf of this entity to their registered agent. 

Regardless, DOS Process Service may be conducted for this entity in the State of New York, even if it is not exactly the office as located in Albany, with appointed officers being identified who are qualified to accept Process Service by being ranked as highly in the corporation. It must be noted at this juncture that the Principal Executive Officer of Christie’s International Real Estate Group is not the same as the office where Process Service may be levied by the Department of State. This is because this Principal Executive Office is located where the United States base of Christie’s Inc. has been established- Rockefeller Plaza. 

Interestingly, Christie’s International Real Estate Group has made minor modifications to its name from 1987, the current iteration being set into action on March 26th of 2018. Prior to this, Christie’s International Real Estate Group was called Christie’s International Real Estate-NY Properties, Inc in 2017, and was filed as Christie’s Realty International, Inc when the original Department of State filing was done in 1987.

[2.6] CHRISTIE’S INTERNATIONAL REAL ESTATE, INC

It is exceedingly important to note that Christie’s International Real Estate Group Incorporated is not the same as Christie’s International Real Estate, Inc, the latter of which was filed for incorporation with the Department of State much later on October 6th, 2005. Perhaps clearing up potential miscommunication early on, Christie’s International Real Estate was filed with the Department of State originally as Christie’s Great Estates, Inc. Furthermore, Christie’s International Real Estate, Inc. does not fall under New York jurisdiction. 

The jurisdiction for Christie’s International Real Estate, Inc. is Delaware, although its location county is currently New York. Consequently, since Christie’s International Real Estate follows Delaware jurisdiction, it is deemed to be a foreign business corporation. 

Regardless, DOS Process Service may be conducted for this entity in the State of New York, with appointed officers being identified who are qualified to accept New York City Process Service by being ranked highly in the corporation. It must be noted at this juncture that the Principal Executive Officer of Christie’s International Real Estate is not the same as the office where Process Service may be levied by the Department of State. 

In their capacity as a foreign business corporation, Process Service for Christie’s International Real Estate may be done on their appointed Registered Agent, who remains Registered Agent Solutions, Inc. in this case. The registered agent, or agent of service, provides a legal address—within the jurisdiction where the company is established—where legal documents can be served during standard business hours. The registered agent’s duty is to receive and forward that Process Service to the entity’s designated contact within the service bracket. 

[2.7] CHRISTIE’S INTERNATIONAL REAL ESTATE WESTCHESTER & HUDSON VALLEY NEW YORK, INC

Confusingly enough, Christie’s also has a subsidiary dubbed Christie’s International Real Estate Westchester & Hudson Valley New York, Inc in addition to Christie’s International Real Estate Group. However, the entity filed for incorporation in 2017 under the name Bramshill Realty, Inc, whereinafter it was dubbed its current appellation in 2019.

The jurisdiction of Westchester county is what governs Christie’s International Real Estate Westchester & Hudson Valley New York, Inc, and the subsidiary filed for its Department of State incorporation relatively late on May 11th, 2017. Like Christie’s International Real Estate Group, the entity is a Domestic Business Corporation that comes under the laws of New York. However, the registered agent for Christie’s International Real Estate Westchester & Hudson Valley New York differs, with the Ruth Gilleo being registered with the Department of State as the registered agent. Furthermore, the address to which the Department of State will mail Process Service on behalf of the entity also differs, with service of process not being directed to Washington Avenue. 

[2.8] CHRISTIE’S LAKESHORE REALTY, CORP. 

Christie’s Lakeshore Realty, Corp is an additional real-estate-based subsidiary of Christie’s and filed its Department of State incorporation certification in 1993, being eligible for New York-based jurisdiction as a domestic business corporation from the county of Warren. The Department of State will mail Process Service to the entity in case they ever receive Process Service on their behalf, although they are also authorized to accept New York City Process Service on behalf of the entity, given the power upon the filing of the incorporation with the state.

New York City Process Service on a registered agent may be made in the manner provided by law for the service of a summons. This Process Service acts as if the agent was a defendant and thus fulfills New York City Process Service upon the agent. Christie’s Lakeshore Realty Corp does not have a registered agent, whereinafter the requisite Process Service can be made to the Secretary of State on behalf of the agency. New York City Process Service can be done upon a domestic or authorized foreign corporation, limited liability company, limited partnership, or limited liability partnership, although this New York City Process Service usually requires that two copies of the process be personally served on the New York Secretary of State or any person authorized by them at the Office of the New York Department. The Department of State will mail Process Service to the entity at their offices if they accept New York City Process Service on behalf of the entity. 

If New York City Process Service is levied on the Secretary of State as an agent of a domestic corporation an authorized foreign corporation, this service is only acceptable by personally delivering to and leaving with the Secretary of State or their deputy,  the requisite documents.  This is usually an option undertaken by Christie’s Lakeshore Realty, Corp., since they have no registered agent.

[2.9] CHRISTIE’S GOLF & MORE LLC

One of Christie’s subsidiaries is Christie’s Golf & More LLC, which was established on Apr 28 2005 as a domestic limited liability company. Since it is a domestic limited liability company,  the Process Service jurisdiction falls under that of New York laws. 

The county of governance for Christie’s Golf & More is  Suffolk. However, unlike many subsidiaries, there exists no registered agent for service of process, with even Department of State process being forwarded to a PO box. 

[2.10] CHRISTIE’S APPRAISALS INC

Since 1766, Christie’s has been providing reliable appraisals. Christie’s Estates, Appraisals & Valuations offers a simplified, efficient service. it is the responsibility of Christie’s Appraisals to supervise every part of a valuation, taking into account the many unique requirements of executors, attorneys, and other professional advisers.

The industry standard for fully illustrated valuation documentation is Christie’s. Our worldwide team produces values in over eighty collecting categories that may be used as the foundation for consignments, insurance, and taxes. These values are critical for collection management and informed estate planning. Christie’s Estates, Appraisals & Valuations collaborates closely with the Heritage & Taxation Advisory Service, which provides tax assistance to clients and their professional advisors on the many tax and reporting rules impacting assets and heritage property.

Christie’s Appraisals Inc. is one of the oldest branches of Christie’s. It was incorporated with the Department of State on April 22nd of 1977 in New York with New York jurisdiction. The entity is typified as a domestic business corporation and receives process forward from the Department of State via its registered agent. Like most Christie’s subsidiaries, the registered agent is Registered Agent Solutions, Inc, authorized to accept service of process on behalf of the entity. The principal office of Christie’s Appraisals remains Rockefeller Plaza.

[2.11] CHRISTIE’S CONTRACTING LLC

Christie’s further retains a subsidiary as is Christie’s Contracting LLC, established in the same year as Christie’s Golf & More as a domestic limited liability company. However, the county that Christie’s Contracting LLC falls under is Duchess County, although the company is still under New York law. There is no registered agent for Christie’s Contracting LLC, with service of process from the Department of State being directly forwarded to their address. 

Christie’s worldwide presence is comprised of a network of foreign salerooms and over sixty agents and offices located across the world. The website for Christie’s, Christies.com features in-depth information and films on the items for sale, as well as the newest advancements in digital viewing technologies, making Christie’s accessible to everyone. With Bonhams, Christie’s is a shareholder in the London-based Art Loss Register, a privately owned database used by law enforcement services worldwide to trace and recover stolen art.

For more information on serving legal papers, contact New York City Process Service (800) 774-6922. Representatives are available Monday-Friday 8 am – 8 pm EST.  If you found this article helpful, please consider donating.  Thank you for following our blog, A space dedicated to bringing you news on breaking legal developments, interesting articles for law professionals, and educational material for all. We hope that you enjoy your time on our blog and revisit us!  We also invite you to check out our Frequently Asked Questions About Process Servers.

Sources

1.Chief Executive Officer

JENNIFER ZATORSKI

20 ROCKEFELLER PLAZA

NEW YORK, NEW YORK, 10020

Principal Executive Office

CHRISTIE’S INC.

20 ROCKEFELLER PLAZA

NEW YORK, NEW YORK, 10020

2. DOS Process (Address to which DOS will mail process if accepted on behalf of the entity)

C/O REGISTERED AGENT SOLUTIONS, INC.

99 WASHINGTON AVENUE

SUITE 1008

ALBANY, NEW YORK, 12260

3. Christie’s had 85 offices in 43 countries including New York City, Los Angeles, Paris, Geneva, Houston, Amsterdam, Moscow, Vienna, Buenos Aires, Berlin, Rome, South Korea, Milan, Madrid, Japan, China, Australia, Hong Kong, Singapore, Bangkok, Tel Aviv, Dubai, and Mexico City

4. Principal Executive Office

CHRISTIE MUCCI

18 TIMBER LANE

MANHASSET, NEW YORK, 11030

5. DOS Process (Address to which DOS will mail process if accepted on behalf of the entity)

CHRISTIE MUCCI

18 TIMBER LANE

MANHASSET, NEW YORK, 11030

6. Chief Executive Officer

CHRISTIE MUCCI

18 TIMBER LANE

MANHASSET, NEW YORK, 11030

7. Maintained at 70° and 50% relative humidity

8. Art collector Gregor Piatigorsky and his wife Jacqueline Rebecca Louise de Rothschild filed a complaint against CFASS in a New York court in 2013 saying that the insurance company’s ‘gross negligence’ caused harm to the art they purchased from the late cellist. About a year after the Neiman case was filed, StarNet Insurance Firm filed a claim in New York Supreme Court on behalf of the LeRoy Neiman Foundation and the artist’s estate, using the storage company for more than $10 million in damages caused to Neiman’s artwork

9. DOS Process (Address to which DOS will mail process if accepted on behalf of the entity)

C/O REGISTERED AGENT SOLUTIONS, INC.

99 WASHINGTON AVENUE

SUITE 1008

ALBANY, NEW YORK, 12260

10. Registered Agent

REGISTERED AGENT SOLUTIONS, INC.

99 WASHINGTON AVENUE

SUITE 1008

ALBANY, NEW YORK, 12260

11. Chief Executive Officer

EMILY SAROKIN

20 ROCKEFELLER PLAZA

NEW YORK, NEW YORK, 10020

12. Principal Executive Office

CHRISTIE’S FINE ART STORAGE SERVICES INC.

20 ROCKEFELLER PLAZA

NEW YORK, NEW YORK, 10020

13. DOS Process (Address to which DOS will mail process if accepted on behalf of the entity)

C/O REGISTERED AGENTS INC.

90 STATE STREET

SUITE 700, OFFICE 40

ALBANY, DELAWARE, 12207

14. New York Consolidated Laws, Not-For-Profit Corporation Law – NPC § 306. Service of process

15. Chief Executive Officer

DOUGLAS E. GIORDANO

235 EAST 42ND STREET

NEW YORK, NEW YORK, 10017-5703

16. Principal Executive Office

CHRISTIE’S EDUCATION

20 ROCKEFELLER PLAZA

NEW YORK, NEW YORK, 10020

17. DOS Process (Address to which DOS will mail process if accepted on behalf of the entity)

CORPORATION SERVICE COMPANY

80 STATE STREET

ALBANY, NEW YORK, 12207

18. New York Consolidated Laws, Not-For-Profit Corporation Law – NPC § 306. Service of process

19. Registered Agent

CORPORATION SERVICE COMPANY
80 STATE STREET
ALBANY, NEW YORK, 12207

20. Registered Agent

REGISTERED AGENT SOLUTIONS, INC.

99 WASHINGTON AVENUE

SUITE 1008

ALBANY, NEW YORK, 12260

21. DOS Process (Address to which DOS will mail process if accepted on behalf of the entity)

C/O REGISTERED AGENT SOLUTIONS, INC.

99 WASHINGTON AVENUE

SUITE 1008

ALBANY, NEW YORK, 12260

22. Chief Executive Officer

DAN CONN

20 ROCKEFELLER PLAZA

NEW YORK, NEW YORK, 10020

23. Principal Executive Office

CHRISTIE’S INTERNATIONAL REAL ESTATE-NY PROPERTIES, INC.

20 ROCKEFELLER PLAZA

NEW YORK, NEW YORK, 10020

24. DOS Process (Address to which DOS will mail process if accepted on behalf of the entity)

C/O REGISTERED AGENT SOLUTIONS, INC.

99 WASHINGTON AVENUE

SUITE 1008

ALBANY, NEW YORK, 12260

25. Chief Executive Officer

DAN CONN

20 ROCKEFELLER PLAZA

NEW YORK, NEW YORK, 10020

HOW TO SERVE LEGAL PAPERS ON STANDARD & POOR’S

Standard & Poor's

Undisputed Legal | New York City Process Service

S&P Global Inc. (formerly McGraw Hill Financial, Inc., and previous to 2013 McGraw–Hill Companies) is a New York City-based company. Financial information and analytics are the company’s key lines of operation. It is the parent firm of [A.]  S&P Global Ratings, [B.] S&P Global Market Intelligence, [C.] S&P Global Platts, and [D.] CRISIL, as well as the main shareholder in the joint venture S&P Dow Jones Indices.

S&P Global Ratings (formerly Standard & Poor’s) is a credit rating agency (CRA) based in the United States and a subsidiary of S&P Global. It produces financial research and analysis on stocks, bonds, and commodities. S&P is the biggest of the credit-rating organizations known as the Big Three, which also includes Moody’s Investors Service and Fitch Ratings. 

[1.0] HISTORY

The firm dates all the way back to 1860, when Henry Varnum Poor published The History of Railroads and Canals in the United States, providing detailed data on the financial and operational health of railroad firms in the United States. Henry Varnum Poor and his son, Henry William Poor, then went ahead and founded H.V. and H.W. Poor Co.

It is interesting that the current existence of Standard and Poor’s also stems from Luther Lee Blake establishing the Standard Statistics Bureau in 1906 with the objective of providing financial data on non-railroad firms. Standard Statistics would employ 5-by-7-inch cards rather than an annual book, allowing for more regular updates. Since then, Standard and Poor’s have seen a major shift in their credit rating systems. 

Paul Talbot Babson acquired Poor’s Publishing in 1941 and combined it with Standard Statistics to become Standard & Poor’s Corporation. The McGraw-Hill Companies purchased the firm in 1966, increasing McGraw-reach Hill’s into the sector of financial information services.

[2.0] WHAT DOES S&P DO

 The firm operates as a credit rating agency (CRA), assigning credit ratings to public and private corporations, as well as other public borrowers such as governments and governmental agencies. It is one of many credit rating agencies authorized by the United States Securities and Exchange Commission as a nationally recognized statistical rating organization. 

Standard & Poor’s (S&P) has established itself as a global organization best known for creating financial market indexes that are extensively used as investment benchmarks, serving as a data source, and issuing credit ratings for businesses and debt obligations, especially considering the highly sought-after and cited S&P 500 Index.

The firm has been established for more than a century- although S&P Global as the company’s official corporate name has only been included in 2016- when it expanded to twenty-six nations. Standard & Poor’s (S&P) is a market leader in indexing and providing data on independent credit ratings.  S&P was acquired by The McGraw-Hill Companies in 1966, and the firm was renamed S&P Global in 2016. Standard & Poor’s is one of the major credit rating organizations, grading corporations, and governments, as well as the debt they issue, on a scale of AAA to D, reflecting their degree of investment risk. Perhaps Standard & Poor’s most well-known product is the renowned S&P 500 Index, so well-known that numerous assets, including futures contracts, mutual funds, and exchange-traded funds, are based on the S&P 500.

[3.0] UNDERSTANDING STANDARD & POOR’S (S&P)

Standard & Poor’s in its current configuration was formed in 1906 from the merger of two organizations: Poor’s Publishing, a publisher of railroad industry guidebooks established in 1868, and the Standard Statistics Bureau (later Company), a publisher of financial statistics on corporations. It published its first stock market indicator in 1923, which included over two hundred businesses. In 1941, the two businesses joined to become Standard & Poors.

After the McGraw-Hill Companies acquired S&P, Standard & Poor’s merged its index business with Dow Jones Indices (which McGraw-Hill controlled) in 2012, establishing Standard & Poors as the market leader in stock market indexes. McGraw Hill Financial relaunched as S&P Global in 2016. A significant portion of credit analysts works for the organization, which has given over provided crucial credit ratings on governments, enterprises, the financial sector, and securities. Thus, S&P has established itself as a leading credit risk research firm, with expertise in a wide variety of sectors, benchmarks, asset classes, and locations. It assigns credit ratings to public and private enterprise debt, as well as to government debt, ranging from AAA to D. Additionally, it gives ratings on short-term debt and prospective ratings ranging from six months to two years.

Moody’s and Fitch are S&P’s primary rivals for credit ratings, while Bloomberg Business Services is S&P’s primary competition for financial indexes.

[4.0] WHAT ARE STANDARD & POOR’S INDEXES

In March 1957, the S&P 500 Index was introduced. It emerged as the first index to be computer-generated and published daily and has evolved into a proxy for the United States stock market.

The S&P 500 Index is composed of five hundred of the biggest equities traded on the New York Stock Exchange and Nasdaq, and thus serves as a barometer of the sustainability of significant American corporations. The S&P 500 is the world’s most prominent stock index, serving as a measure of internal consistency for a wide range of mutual funds, exchange-traded funds, and other assets and securities.

Other prominent S&P Global indices encompass a variety of market sectors and market capitalizations. Each gives a snapshot of the market’s health in relation to its market segment.

[4.1] STANDARD & POOR’S UNDERLYING RATINGS (SPURS)

Independent of guarantor or insurer credit improvements, Standard & Poor’s Underlying Ratings (SPURs) give an assessment of a county’s credit quality. Municipality and perhaps other public sector bonds usually feature credit enhancement, that would be used to secure favorable terms by offering extra insurance or a third-party guarantee that the borrower will respect its obligations. Standard & Poor’s assigns a SPURs rating at the issuer/request obligor’s and monitors an issue with a published SPUR.

Independent of guarantor or insurer credit improvements, Standard & Poor’s Underlying Ratings (SPURs) give an assessment of a county’s credit quality. Municipality and perhaps other public sector bonds usually feature credit enhancement, that would be employed to secure favorable terms by offering extra insurance or a third-party guarantee that the borrower will respect its obligations. Standard & Poor’s assigns a SPURs rating at the issuer’s or obligor’s request and monitors an inherent problem with a published SPUR.

[4.2] SHORT-TERM ISSUE CREDIT RATINGS

The firm assigns a letter grade to particular concerns ranging from A-1 to D. It may be denoted with a plus symbol (‘+’) inside the A-1 category. This signifies that the issuer is very committed to meeting its obligations. Country risk and the obligor’s currency of repayment are included in the credit analysis and reflected in the issue rating.

S&P has used a number of techniques in expressing its assessment of a company’s corporate governance procedures’ relative strength. Corporate governance protects investors against possible governance-related value destruction or inability to produce value.

S&P issued its management and governance credit factors for insurers and non-financial firms in November 2012. These are not separate scores, but rather a component of S&P’s total creditworthiness assessment of an organization. S&P revised its management and governance scoring system as part of a broader attempt to include enterprise risk management analyses into its ratings of non-financial company debt.

[5.0 ] HOW TO SERVE PROCESS ON S&P

With an international reach, it is necessary for S&P Global Inc to reach out to international customers through a broad range of products and services available through both third-party and proprietary distribution channels, in compliance with New York City Process Service regulations.

S&P Global Inc was incorporated in December 1925 under the laws of the state of New York. Their principal executive offices are located in New York and documented with the US Securities and Exchange Commission as well as the Department of State. Furthermore, individuals may reach out to them for New York City Process Service at their allotted telephone numbers. 

The corporation thus filed its Department of State incorporation certification, being eligible for New-York-based jurisdiction and classifying it as a domestic business corporation incorporated under the laws of New York and New York City Process Service. The Department of State is supposed to mail the process to the entity in case they ever receive the process on their behalf. This would mandate that two copies of the New York City Process Service have to be personally served by the New York Secretary of State. However, these copies could also be served upon an individual who has been specifically authorized to do so at the office. This does not mean that service may be done in any other form apart from personal delivery, as service by mail is not permitted. The statutory fee for serving New York City Process Service is USD 40.

Investors and individuals may contact S&P Global Inc for any New York City Process Service inquiries through the address and telephone number of their principal executive offices. Alongside, S&P Global Inc has retained a website encompassing information about the entity where general information about the entity is available. 

[5.0] STANDARD & POOR’S FINANCIAL SERVICES LLC

Standard & Poor’s Financial Services LLC is regulated by the U.S. Security and Exchange Commission and incorporated in the state of Delaware. For financial reporting, their fiscal year ends on December 31st. Standard and Poor’s Financial Services was filed with the Department of State on December 16th of 2008. Although Standard and Poor’s Financial Services LLC currently has its place of business in New York, the jurisdiction the limited liability company comes under remains Delaware, which is why the entity is a foreign limited liability company. Unlike most foreign limited liability companies, Standard and Poor do not have a registered agent, with the Department of State mailing process forward to the General Counsel of S&P Global. Standard and Poor retain a phone number for easier contact. 

New York City Process Service can be done upon a domestic or authorized foreign corporation, limited liability company, limited partnership, or limited liability partnership, although this New York City Process Service usually requires that two copies of the process be personally served on the New York Secretary of State or any person authorized by them at the Office of the New York Department. The Department of State will mail the process to the entity at their offices if they accept New York City Process Service on behalf of the entity. 

If New York City Process Service is levied on the Secretary of State as an agent of a domestic corporation an authorized foreign corporation, this service is only acceptable by personally delivering to and leaving with the Secretary of State or their deputy,  the requisite documents. At the office of the department of state in the city of Albany, it is necessary to provide duplicate copies of such New York City Process Service together with the statutory fee, which fee shall be a taxable disbursement in order to complete service.  The Secretary of State shall promptly send one of such copies by certified mail, return receipt requested, to such corporation, at the post office address, on file in the Department of State, specified for the purpose of New York City Process Service

Standard and Poor Global or S&P Global Inc. is a provider of transparent and independent ratings, benchmarks, analytics, and data to the capital and commodity markets worldwide. Consequently, a robust basis for accepting legal documentation is necessary under New York City Process Service. The capital markets include asset managers, investment banks, commercial banks, insurance companies, exchanges, and issuers; and the commodity markets include producers, traders, and intermediaries within energy, metals, petrochemicals, and agriculture

For more information on serving legal papers, contact New York City Process Service (800) 774-6922. Representatives are available Monday-Friday 8 am – 8 pm EST.  If you found this article helpful, please consider donating.  Thank you for following our blog, A space dedicated to bringing you news on breaking legal developments, interesting articles for law professionals, and educational material for all. We hope that you enjoy your time on our blog and revisit us!  We also invite you to check out our Frequently Asked Questions About Process Servers.

Sources

1. Its headquarters are situated at 55 Water Street in New York City’s Lower Manhattan neighborhood.

2. HV. And HW. Poor CO. issued two-yearly revised hardback guidebooks, Poor’s Manual of the Railroads of the United States and Poor’s Directory of Railway Officials.

3. Meanwhile, Poor’s Publishing published its first rating in 1916

4. S&P Global Ratings, S&P Global Market Intelligence, S&P Dow Jones Indices, and S&P Global Platts are all part of S&P Global

5. The S&P Small Cap 600, the S&P MidCap 400, the S&P Composite 1500, and the S&P 900 are all popular products from S&P Dow Jones Indices.

6. A-1: obligor’s capacity to meet its financial commitment on the obligation is strong

  • A-2: is susceptible to adverse economic conditions however the obligor’s capacity to meet its financial commitment on the obligation is satisfactory
  • A-3: adverse economic conditions are likely to weaken the obligor’s capacity to meet its financial commitment on the obligation
  • B: has significant speculative characteristics. The obligor currently has the capacity to meet its financial obligation but faces major ongoing uncertainties that could impact its financial commitment on the obligation
  • C: currently vulnerable to nonpayment and is dependent upon favorable business, financial and economic conditions for the obligor to meet its financial commitment on the obligation
  • D: is in payment default. Obligation not made on the due date and grace period may not have expired. The rating is also used upon the filing of a bankruptcy petition.

7. Management and governance are graded on a scale of poor, fair, good, or strong, based on the mix of positive and negative management ratings, as well as the presence and severity of governance flaws

8. 55 Water Street, New York, New York 10041

9. 212-438-1000

 (domestic callers) or 

212-438-2192

(international callers).

10. www.spglobal.com

11. (212) 438-1000

12. One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231.

13.DOS Process(Address to which DOS will mail process if accepted on behalf of the entity)

S&P GLOBAL GENERAL COUNSEL
55 WATER ST
46TH FL
NEW YORK, NEW YORK, 10041-0003

14. Nancy Gardner is the Chief Legal Officer of S&P Global Ratings,

15. C/O MCGRAW HILL FINANCIAL, INC.
55 WATER STREET

NEW YORK NY 10041

HOW TO SERVE LEGAL PAPERS ON NEW YORK STOCK EXCHANGE LLC

New York Stock Exchange

Undisputed Legal | New York City Process Service

The New York Stock Exchange (NYSE, also called ‘The Big Board‘) is an iconic institution of America’s financial economy, located in Lower Manhattan’s Financial District. It remains the biggest stock exchange in the world, with its trading floor being located in the New York Stock Exchange Building, which is a National Historic Landmark. 

[1.0] BACKGROUND ON THE NEW YORK STOCK EXCHANGE

The NYSE is controlled by Intercontinental Exchange, a publicly traded American investment firm. It was previously a component of NYSE Euronext (NYX), which was created in 2007 as a result of the NYSE’s merger with Euronext. 

The NYSE operates on a continuous auction basis, allowing traders to conduct portfolio purchases of stock transactions on behalf of customers. Previously, these individuals would congregate around the relevant post, where a professional broker who is not an employee of the New York Stock Exchange works as an auctioneer in an open outcry auction market atmosphere, bringing buyers and sellers together and managing the actual auction. 

NYSE does foster exchanges on occasion by investing their own money and thus disseminating important knowledge to the crowd that assists in bringing buyers and sellers together. In 1995, the bidding mechanism was automated by the usage of wireless handheld machines (HHC). The device allowed traders to electronically obtain and execute orders through wireless transmission. On September 25, 1995, NYSE member Michael Einersen, who built and created this method, executed a thousand shares of IBM through this HHC, bringing an end to two decades of a paper-based trading mechanism and ushering in an age of electronic trading.

NYSE works with US regulators such as the SEC and CFTC to coordinate risk management measures in the electronic trading environment through the implementation of mechanisms like circuit breakers and liquidity replenishment points.

[1.1] WHAT IS THE NEW YORK STOCK EXCHANGE LLC

The NYSE LLC was incorporated as a limited liability company on July 14, 2005, by the execution of the Articles of Organization and their registration with the office of the Secretary of State of the State of New York.  The NYSE LLC is a wholly-owned subsidiary of NYSE Group, Inc. New York Stock Exchange LLC was founded in 2005. The company’s line of business includes the furnishing of space and other facilities to members for the purpose of buying, selling, and trading in stocks, options, bonds, and commodities.

Most modifications or restatement of the rules of NYSE LLC will only be effective upon the Securities and Exchange Commission’s acceptance of any rule changes proposed by the Company. However, it is required for a Member or even a Manager to execute, deliver, and register any additional licenses (and any modifications and/or restatement ) required for the Company to continue to operate in any jurisdiction in which it wishes to conduct business. 

The Company was formed in order to conduct and carry out the business of an ‘exchange’ in accordance with the United States Securities Exchange Act of 1934, and to partake in any other legitimate business purpose or activity for which limited liability companies can be formed. The Company can thus exercise all powers and rights conferred upon it by the Act or any other legislation.

[1.2] WHERE DOES NEW YORK STOCK EXCHANGE LLC FIT IN THE NEW YORK STOCK EXCHANGE HIERARCHY

NYSE Regulation (‘NYSER’) is responsible for monitoring operations on the NYSE’s equity, options, and bond markets. This would include the New York Stock Exchange LLC (equities and bonds), NYSE Arca, Inc. (equities and options), NYSE American LLC (equities and options), NYSE National, Inc. (equities), and NYSE Chicago, Inc. (equities) (collectively, the ‘NYSE Exchanges’,) and is responsible for resolving any violations that  NYSE Exchanges’  regulations and relevant federal securities laws by both the NYSE Exchanges and its owners.    

Additionally, it regulates and imposes listed companies’ adherence with appropriate NYSE Exchange listing requirements. Through carrying out these responsibilities, NYSER assists the NYSE Exchanges in promoting fair and equal trading values, promoting free and competitive economies, and protecting investors and the public interest. Several of these regulatory duties are carried out directly by NYSER; others are carried out by FINRA or other self-regulatory bodies under the terms of a regulatory services agreement, national market framework plans, or other arrangements.

[2.0] HOW DOES THE NYSE LLC WORK

The NYSE LLC principally operates out of New York as its base of business, although the entity itself can amend this place.  The address for the New York City Process Service of the registered office of the Company is in the State of New York. However, there are no restrictions upon the Company having another place of business and the Company may designate another registered office.

The registered agent of the Company for New York City Process Service is the United Agent Group Incorporated currently. Since a  registered agent is an entity who is appointed to access New York City Process Service where a business organization is a party to legal proceedings, any legal papers and matters have to be provided to the agent. The Department of State also mostly sends the papers for renewal of the charter if necessary for New York City Process Service. The licensed representative of a corporate organization as an agent could be an official or employee or a third party, such as the in-house counsel or a service company. Any individual or entity can be a registered agent but the absence of said registered agent can be detrimental to the business organization. 

The Exchange is a limited liability company organized under the laws of the State of New York. As such, it has and maintains a registered office and registered agent in New York. The officers of the Company are designated as authorized persons to act in connection with executing and causing to be filed of the Articles of Association. These filings need to be done when approved by the appropriate governing body or with regard to any certificates required or permitted to be filed with the Secretary of State of the State of New York.  The filings would consequently involve any certificates (and any amendments and/or restatements thereof) necessary for the Company to file in any jurisdiction in which the Company is required to make a filing.

[2.1] HOW TO SERVE PAPERS ON NYSE LLC

The name and address of the registered agent of the Company for New York City Process Service on the Company in the State of New York are United Agent Group Inc. However, this address is not inflexible as the Company can designate another registered agent at any time through appropriate intimation according to New York City Process Service regulations.  

The New York Stock Exchange LLC acquired its name only on March 3rd, 2006. Prior to that, the entity was filed under NYSE Merger Sub LLC on July 14th,2005.  The NYSE LLC filed its documents with the Department of State on July 14th, 2005 under New York. The entity itself is a domestic limited liability company.  The Department of State is supposed to provide the address to which the Secretary of State is required to forward copies of New York City Process Service accepted on behalf of a corporation, limited liability company, limited partnership, and limited liability partnership, as well as the name and address of the registered agent. 

It must be noted that a corporation essentially only starts to exist upon the filing of the Certificate of Incorporation with the Department of State. After the corporate existence has begun, an organization meeting of the incorporator or incorporators must be held for the purpose of adopting by-laws, electing directors, and transacting any other business. The initial by-laws of a corporation are adopted by its incorporator or incorporators at the organization meeting. In 2005, the New York Stock Exchange LLC filed for a rule change regarding subpoenas that were done for the production of documents and appearance of witnesses, which came after the rule change was published in order to invite comments in the Federal Register. 

The first major amendment explained that only the arbitrator had the authority to issue subpoenas and described the procedure for requesting the issuance of a subpoena with a corresponding provided a deadline for the parties to file an answer to objections to the submitted subpoena and explained that the arbitrator will not comment on such a request before this deadline has passed. Additional amendments rendered technical reforms to the legislation and explained that all challenges to the application of a subpoena would be sent to the arbitrator(s).  It further went on to explain that a person seeking a subpoena is not permitted to serve the motion or even draft said subpoena on a non-party.

[2.2] HOW TO SERVE SUBPOENAS ON NEW YORK STOCK EXCHANGE
The New York Stock Exchange is a Self-Regulatory Organization. Consequently, it revised Rule 619, which pertains to subpoenas for the production of documents and the appearance of witnesses. The arbitrator and any attorney of record to the proceedings may provide subpoenas for the production of documents or the appearance of witnesses since they are conferred with the power to enforce the subpoena procedure in accordance with applicable law. Upon receipt, each party shall receive a copy of the subpoena. 

Without resorting to the subpoena method, the parties nevertheless are recommended to provide witnesses and submit evidence to the maximum degree possible for New York City Process Service.  The party requesting a subpoena will still need to provide a formal order to the arbitrator requesting the issuance of a subpoena, done so in writing. The submission, together with the submitted draft subpoena, must be served directly to any other involved party in a way that is realistically expected to result in all parties receiving the request and required subpoena on the same day. This does not mean that the requesting party can submit the request on any individual; the party cannot serve the request on a non-party even if it is a draft subpoena as per New York City Process Service. 

The request and subpoena both must be lodged with the Director of Arbitration at the same time and in the same fashion that they are served on the parties. Whenever practicable, the parties are encouraged to provide testimony and provide evidence at the trial without the use of subpoenas. It must be noted that when the party served with such a subpoena responds to the nature or fashion of the subpoena negatively by objecting to it, the party may submit formal appeals with the Director of Arbitration within ten days of New York City Process Service, with copies to the other parties and additional copies for each arbitrator. Within five days of receipt of the opposition, the group requesting the subpoena can reply. After the time limit for appeals and responses has expired, the arbitrator assigned shall immediately decide on the issuance and extent of the subpoena.

If the arbitrator is the one who issues the subpoena, the party who requested it is the same party who is required to serve this subpoena. New York City Process Service must be done at the same time and in the same form to all parties or non—parties who receive the subpoena.  Any party who collects information in response to a subpoena served on a non-party should immediately communicate with the other parties within five days of reception. Following that, every party may request copies of those records, which must be given within ten days of the request being sent. Until the tribunal agrees differently, the group seeking the records is liable for the appropriate New York City Process Service costs of producing the copies.

The Exchange attempts to remove impediments to and perfect the mechanism of a free and open market and a national market system by ensuring that market participants can more easily navigate, understand and comply with its rules. 

For more information on serving legal papers, contact New York City Process Service (800) 774-6922. Representatives are available Monday-Friday 8 am – 8 pm EST.  If you found this article helpful, please consider donating.  Thank you for following our blog, A space dedicated to bringing you news on breaking legal developments, interesting articles for law professionals, and educational material for all. We hope that you enjoy your time on our blog and revisit us!  We also invite you to check out our Frequently Asked Questions About Process Servers.

Sources

1.The New York Stock Exchange (sometimes referred to as ‘The Big Board’) provides a means for buyers and sellers to trade shares of stock in companies registered for public trading. The NYSE is open for trading Monday through Friday from 9:30 am – 4:00 pm ET, with the exception of holidays declared by the Exchange in advance.

2. Located at 11 Wall Street and 18 Broad Street. In February 2007, an extra trading room at 30 Broad Street was sold.

3. As of January 24, 2007, all NYSE stocks can be traded via its electronic hybrid market (except for a small group of very high-priced stocks). Customers can now send orders for immediate electronic execution, or route orders to the floor for trade in the auction market.

4. Securities Exchange Act Release No. 52468 (Sept. 19, 2005), 70 FR 56201 (Sept. 26, 2005). 

5. (The ‘Exchange Act’) as well as any amendments 

6. C/O

United Agent Group Inc., 

15 North Mill Street, Nyack, 

Rockland County, New York 10960

7. Further recognized as a citizen agent, resident agent, or an agent for process

8. Registered Agent

UNITED AGENT GROUP INC.

600 MAMARONECK AVENUE #400

HARRISON, NEW YORK, 10528

9. DOS ID #: 3230916

10. DOS Process (Address to which DOS will mail process if accepted on behalf of the entity)

C/O UNITED AGENT GROUP INC

600 MAMARONECK AVENUE #400

HARRISON, NEW YORK, 10528

11. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (‘Act’) and Rule 19b-4 thereunder, the New York Stock Exchange LLC (‘NYSE’ or ‘Exchange’) filed with the Securities and Exchange Commission (‘SEC’ or ‘Commission’) a proposed rule change to amend NYSE Rule 619

12. 15 U.S. Code § 78s – Registration, responsibilities, and oversight of self-regulatory organizations

13. 17 CFR § 240.19b-4 – Filings with respect to proposed rule changes by self-regulatory organizations.

HOW TO SERVE LEGAL PAPERS ON LLOYDS OF LONDON

lloyds of London

Undisputed Legal | New York City Process Service

Lloyd’s of London, often abbreviated to Lloyd’s, is a London-based insurance and reinsurance market. Unlike the majority of its business rivals, Lloyd’s is not an insurance company; instead, it is a corporate body regulated by Lloyd’s Act 1871 and subsequent Acts of Parliament. It functions as a primarily mutualized marketplace in which many financial supporters combine and share liability by syndicates.

 These underwriters, or ‘members,’ include both companies and private citizens, the latter of which is historically referred to as ‘Names.’

[1.0] ABOUT LLOYD’S OF LONDON

At Lloyd’s, the majority of the company is in general insurance and reinsurance, while a limited number of syndicates still write term life insurance. The business originated in maritime insurance and was established in approximately 1686 by Edward Lloyd at his coffee house on Tower Street. Today, it operates from a designated Lime Street location, where business is conducted at each syndicate’s ‘box’ in the underwriting ‘Space,’ with insurance contract paperwork historically referred to as a ‘slip.’ 

Fidentia, Latin for ‘trust,’ is the market’s slogan, and it is loosely connected with the Latin term uberrima fides, or ‘utmost good faith,’ which describes the partnership between underwriters and brokers.  Lloyd’s of London is not a company that provides insurance. It is, rather, a marketplace in which insurance buyers and sellers may interact. Lloyd’s started off as a coffee shop in the 1600s, wherein ship captains, vessel managers, brokers, and other maritime enthusiasts met to purchase and distribute what is also known as ocean freight insurance. Brokers and underwriters meet today at Lloyd’s office building that has evolved as a large marketplace for the purchase and sale of a wide range of coverages, not just maritime insurance.

Lloyd’s has two distinct aspects to offer, being [A.]  a marketplace where brokers and underwriters may do business and [B.]  the Corporation of Lloyd’s, the firm in charge of the insurance industry. The corporation sees to it that that the syndicates are financially stable and that the marketplace runs smoothly. 

[2.0] WHO IS BEING ‘NAMED’ IN LLOYD’S  LAWSUITS

Numerous policyholder counsel erroneously files for actions against Lloyd’s of London. Failure to correctly identify and represent Lloyd’s will result in the dismissal of civil cases and potential malpractice lawsuits against the attorneys who create these errors. New York City Process Service regulations mandate the appropriate addressing of legal papers in order to prevent said issues. The Lloyd’s marketplace is complex, involving a five-fold categorization of players being [A.] the syndicates, managing agents, [B.] brokers, [C.] cover holders, and [D.]  insurance buyers. 

  1. Syndicates: The syndicates are Lloyd’s marketplace’s cornerstone. A syndicate operates similarly to a small insurance firm, taking liabilities and settling claimants. Each syndicate has one or more participants, which may be individuals or companies. Members contribute the financial resources that help the syndicate to function. Each syndicate focuses on a certain form of insurance. When Lloyd’s syndicates take on losses, they do so by subscription. This ensures that each syndicate just bears a portion of the danger.
  2. Managing Agents: Managing agents control syndicates’ day-to-day corporate operations on their behalf. They employ and manage underwriters, claims adjusters, accountants, and other key personnel. A managing agent may be in charge of even more than one syndicate. In certain instances, the managing agent is the same organization that supplies the syndicate’s money. Coverholders are chosen and managed by managing agents.
  3. Brokers: Insurance brokers serve as go-betweens for policy customers and syndicates. A broker must be licensed by the Corporation of Lloyd’s in order to do business in Lloyd’s marketplace. Although several Lloyd’s brokerages are in London, some are in other nations. The majority of large insurance brokerages conduct business in Lloyd’s industry, mostly via a subsidiary entity.  It is important to note that an insurance customer cannot speak with Lloyd’s broker directly. They must instead go via a regional broker or dealer, who can call a Lloyd’s broker on the buyer’s behalf.
  4. Coverholders: While brokers produce the majority of the company underwritten by syndicates, some come from cover holders. A business that underwrites risks on behalf of a managing agent is known as a cover holder. Coverholders act with the power delegated to them by controlling officers. This authority’s breadth differs. Some insurance companies have the authority to grant paperwork such as insurance binders and certificates of insurance. They will also be able to recover insurance to resolve lawsuits.
  5. Buyers of Insurance: Most small business owners may receive the required insurance coverages from ‘ordinary’ insurers. However, certain companies might have uncommon or dangerous exposures that conventional insurers are unable to cover. Roofing companies, skydiving services, and long-haul trucking companies are some examples. Such liabilities can be insured by Lloyd’s syndicates.

Certain Underwriters at Lloyd’s, London v. Gibraltar Budget Plan, Inc.,  is a precedent where this requirement for appropriate process service is upheld. In December 2004, the Corporation of Lloyd’s lodged a motion to dismiss. The petition argued that it has been wrongfully named and sued. The motion, which was backed up by an affidavit, declared that the Corporation of Lloyd’s was an administrative entity that provided premises and other support services to a special and diverse global insurance sector,  analogously citing the New York Stock Exchange and its provision of premises and other support services to the equity market.  According to the petition, the Corporation of Lloyd’s is not an insurance provider and did not underwrite or market some form or kind of insurance in England, the United States, or any other region. The motion suggested that the proper way to bring suit was to sue those underwriters subscribing to a particular policy.

The trial court arranged a status conference in August 2006. After a decision on the petition to suppress, the appellants lodged a revised suit in which they dropped Lloyd’s company as a party and replaced it with ‘Certain Underwriters at Lloyd’s, London.’ The lawsuit did not provide any additional details about the defendant’s identity, omitting even an alleged policy number or the direction of alias summons directed at any defendant. 

 Perhaps uncertain of its legal standing, in this case, the Corporation at Lloyd’s filed a motion to dismiss the amended complaint. The trial court dismissed the request after a hearing. The amended complaint did not contain a policy number that could be used to identify the underwriters of the policy. There was no indication that New York City Process Service at the New York address is sufficient as to such underwriters.

The general rule when filing a lawsuit against Lloyd’s is to file in state court and list the insurer as ‘Certain Underwriters at Lloyd’s London Subscribing to Policy Number xxxxxxxxxxx.’ Cases should be filed in state court because the citizenship of the specific underwriters might not exist for federal jurisdiction.

[3.0] WHO OVERSEES LLOYD’S BANK

The Department of Financial Services has laid down the extent to which it controls Lloyd’s of London. This precedent established a gap in effecting of New York City Process Service due to the lack of any overarching law or contract that authorizes the Department to allow service of a subpoena imposed by a third party on any Lloyd’s of London syndicate or other insurers that has issued policies in New York.

 In terms of the statute, the precedent has interpreted Insurance Law Section 1212’s service of process clauses to extend primarily to proceedings against insurers and not to third-party subpoenas. Insurance Law Section 1213’s service of process provisions are focused on the same legal basis and do not extend to third-party subpoenas.

Subpoenas were served on nineteen Lloyd’s of London syndicates in connection with this motion. An analysis of insurance rules, such as the concepts of the authorized insurer, unauthorized insurer, and excess line market, was undertaken to clarify the legal concerns posed by the NRA’s motion was implemented, wherein it was understood that   the insurance legislation defines an ‘authorized insurer’ as ‘an insurer authorized to conduct insurance business in this state in accordance with [the Insurance Law], by virtue of a license given and in force pursuant to the laws of this state or a corporate charter granted and in force pursuant to the laws of this state[.]’   Simply stated, an approved insurer is an authorized insurer to which the Department has given an insurer certificate. 

The term ‘ unauthorized insurer’ is used to reference those who do not have a Department-issued insurance card. As a general rule, insurance plans can be issued in New York only by registered insurers. One of the only variations to this general rule includes excess line insurance plans. The excess line market exists to facilitate the acquisition of such specialty insurance contracts that no approved insurer can write.

Similarly, excess line contracts cover liability that is ‘in excess’ of what approved insurers would accept. As a customer wants excess line coverage in New York, they must do it via a registered excess line broker. Excess line insurers may not all be unregulated insurers. Indeed, the majority of unregulated insurers would not write excess line contracts; rather, they are insurance firms located in other states or countries that conduct no business in New York and therefore do not need a New York license.

 [4.0] WHO IS A REGISTERED AGENT 

An agent for New York City Process Service is a person or entity that has been licensed by the state in which the company or LLC is based. Such an agent may accept the operation of the process on behalf of the company. A registered agent is an entity or individual designated to obtain process service (SOPs) where a company agency is a party to legal proceedings in the United States. Having received matters such as a lawsuit or summons, the licensed agent’s address may also be the location where the State sends the papers for the business company’s charter renewal (if so required). As an agent, a corporate organization’s approved delegate may be an executive, an employee, or a third entity, such as in-house counsel or a service provider. Failure to adequately manage a licensed agent may have a negative effect on a company and incomplete New York City Process Service.

Many businesses hire a third party to act as their licensed representative. However, a person may still act as their own licensed agent, which avoids the consequences of failing to answer to the New York City Process Service promptly. Businesses to keep a licensed representative in order to keep their corporate status. Being on record with the state secretaries, it is important that this agent still be willing to act as the corporation’s delegate for service of the law. The Corporation Division of the subject state can be helpful in deciding New York City Process Service providers in order to procure an agent for the operation of New York City Process Service.

To discuss the operation of New York City Process Service or alter the agent for the same, the company must either contact the existing licensed process operator or the Secretary of State. Any organization will approach this transition as part of its offerings. 

[4.1] HOW A REGISTERED AGENT ACCEPTS SERVICE

The registered agent, or agent of SOP, offers a legal address (within the jurisdiction in which the company is established) where legal documentation may be served during normal business hours. The agent’s responsibility is to collect the SOP and forward it to the entity’s assigned link inside the service range. For Lloyd’s of London, the authorized agent for New York City Process Service is Mendes & Mount LLP.

Organizations are not individuals, but rather private bodies such as companies or limited liability corporations (LLCs). This is due to the fact that there are substantive safeguards for liabilities as well as tax advantages to being ‘incorporated’ rather than ‘self-employed.’ If the licensed agent fails to fulfill their responsibilities, the business organization can suffer serious consequences. A corporate secretary or a governance-compliance officer is typically the person of a commercial company that maintains contact with a licensed agent. 

Different states have different requirements for agents. For instance, Mendes & Mount LLP was Lloyd’s previously proposed California agent and yet closed their California offices on December 31, 2013. A mail forwarding program had to be set up to satisfy pre-existing strategies calling Mendes & Mount LLP. Underwriters were then required to appoint Foley and Lardner as their agent for California process service policies. Service on Foley & Lardner was to be forwarded to the New York office of Mendes & Mount.

An agent is typically a natural person living in the state in question, or, in states that permit a citizen to act as a registered agent, an entity with a business office in the state that is permitted to do business in the state. However, some states would require a corporate company to make itself legitimately entitled to serve as its own licensed agent if at minimum one of its officers is a citizen of the State. Since several states permit one business agency to work as a registered agent for another, companies may require payment to function as the registered agent for other organizations in a particular state.

[4.2] HOW IS A REGISTERED AGENT APPOINTED?

The registered agent’s name and address would be used in records and articles of incorporation, the LLP registration statement, and the limited partnership certificate. The application for authorization to do business in other states will also necessitate the same. In certain cases, approval from the Representative is requested for the nomination. When a change in the Licensed Agent or their location (registered office) happens, the state must be notified.

The main goal of the agent will be to provide a legal address within the state jurisdiction that is not a P.O. Box for New York City Process Service. Additionally, there need to be people available through normal business hours to enable legal process operations to be performed in the event of a complaint. Typically, the registered agent is the individual to whom the state government customarily sends all official documents required for legal action or taxes each year. It is the registered agent’s duty to forward those suit documents and notes to the firm. Registered agents are frequently asked to counsel industry groups about whether their state government reporting status is in ‘good standing.’ The reason for these notifications being a characteristic of a licensed agent is that it is almost difficult for a private entity to keep track of legislative changes and disclose due dates for multiple jurisdictions in which it may transact business, given the diverse laws of different states.

Failure to maintain a licensed agent can result in the revocation of a corporation’s or LLC’s legal status, the imposition of penalty fees on an employee, or both. This lack of an agent would be a blatant flouting of New York City Process Service regulations. 

Mendes & Mount LLP is Lloyd’s recommended agent in the majority of other nations. The use of the firm is not mandatory, however, and underwriters can select another agent if desired. Overarchingly, Mendes & Mount LLP remains Lloyd’s suggested agent for most states. 

For more information on serving legal papers, contact New York City Process Service (800) 774-6922. Representatives are available Monday-Friday 8 am – 8 pm EST.  If you found this article helpful, please consider donating.  Thank you for following our blog, A space dedicated to bringing you news on breaking legal developments, interesting articles for law professionals, and educational material for all. We hope that you enjoy your time on our blog and revisit us!  We also invite you to check out our Frequently Asked Questions About Process Servers.

Sources

1. Lime Street in East Central London

2. Certain Underwriters at Lloyd’s, London v. Gibraltar Budget Plan, Inc., 9 So. 3d 646 (Fla. 4th DCA 2009) 

3. Lipcon v. Lloyd’s, 148 F.3d 1285, 1288 (11th Cir.) 1998

4. E.R. Squibb & Sons, Inc. v. Accident & Cas. Ins. Co., 160 F.3d 925 (2d Cir. 1998) (explaining the structure of the business of Lloyd’s).

5. Underwriters at Lloyd’s, London v. Osting-Schwinn, No. 08-15809, — F. 3d — (11th Cir. August 5, 2010).

6. In response to the National Rifle Association’s (‘NRA’) request to compel Lloyd’s Entities to comply with non-party subpoenas.

7. N.Y.  Ins.  Law  § 2118(b)(3)(requiring an excess line broker to seek to place the risk with authorized insurers before placing it with an unauthorized insurer on the excess line).  

8. N.Y. Ins. Law §§ 2105, 2118.

9. Mendes & Mount LLP 750 7th Avenue, New York, New York 10019

10. Address:
Foley & Lardner LLP
555 California Street, Suite 1700
San Francisco, CA 94104-1520

WHAT IS THE GENERAL DATA PROTECTION REGULATION

Undisputed Legal | Court Service

The General Data Protection Regulation (GDPR) is the world’s most stringent privacy and security legislation. Although it was drafted and adopted by the European Union (EU), it imposes requirements on organizations worldwide that target or gathers data from EU citizens. On May 25, 2018, the regulation became effective. The GDPR will impose severe sanctions on anyone that disregards its privacy and protection requirements, with fines potentially exceeding millions of euros.

The GDPR was created to ostensibly reflect Europe’s commitment to data protection and privacy at a period when more individuals willingly give their personal details to cloud providers. With this willingness to provide their personal data, it is simultaneously observed that data breaches occur on a regular basis. GDPR enforcement is an intimidating prospect, especially for small and medium-sized businesses, due to the regulation’s scale, breadth, and relative vagueness, since the GDPR was intended to be more of a framework policy rather than an administrative guide.

The provisions are consistent in all twenty-seven EU member states, which ensures that businesses in the EU must adhere to single legislation. It must be noted herein that  EU GDPR is an EU Regulation and it no longer applies to the UK which would mean entities functioning inside the UK need to comply with UK data protection law.

[1.0] HISTORY OF THE GDPR

The right to privacy is enshrined in the 1950 European Convention on Human Rights, which specifies that ‘everyone has the right to protection for his or her private and personal life, his or her residence, and his or her correspondence.’ The European Union has tried to preserve this freedom by regulation on this principle.

The EU acknowledged the need for new security as technologies advanced and the Internet expanded in its breadth. Thus, in 1995, it enacted the European Data Protection Directive, which established minimum data privacy and security requirements on which member states focused their own implementation legislation. The turning point wherein the EU recognized a need for an extensive regulation for internet privacy came in 2011 after a Google client filed a lawsuit against the corporation over collecting information on her emails. Two months later, Europe’s data protection authority announced that the EU needed a ‘comprehensive approach to personal data protection,’ and progress on updating the 1995 directive started.

The GDPR became effective in 2016 after being approved by the European Parliament, and all organizations were obliged to comply by May 25, 2018. The GDPR mandates that EU visitors must be provided with the requisite disclosures, with the website itself requiring to take steps to ensure consumer rights are protected in the event of personal data being breached. These requirements are far-ranging in scope, though they might be initiated as a notification done within the requisite timeline of the breach. 

[2.0] HOW DOES THE GDPR ENFORCE SECURITY REGULATIONS

A foremost requirement to remember for entities that are processing the personal data of EU citizens or residents, or that sell products or services to those individuals is that the GDPR is applicable regardless of location. Additionally, the GDPR’s penalties are very heavy. There are two levels of fines, the maximum of which is EUR twenty million or 4% of global sales, whichever is greater, plus data subjects have the ability to claim damages.

Personal data is at the core of GDPR. In broad terms, this is data that enables the actual or indirect identification of a living individual through publicly accessible data. This may be something instantly noticeable, such as a person’s identity, position info, or a readily identifiable online username, or it could be something less immediate like IP addresses and cookie identifiers. Personal data is any material that corresponds to an identifiable person, either explicitly or indirectly. Naturally, names and email addresses are considered to be personal records. Personal data can also include location details, racial origin, gender, biometric data, religious views, web cookies, and political opinions. Pseudonymous data can also be used as it is fairly simple to identify a person from said data as well.

How this defines personal data is via the accessibility to name an individual – pseudonymized data may also be considered personal data. Personal data is critical under GDPR since it covers people, organizations, and businesses who are either ‘controllers’ or ‘processors’ of it. The person whose data is processed is called the subject, who would be the customers or site visitors.

[2.1] DATA PROTECTION PRINCIPLES

At the heart of GDPR are seven fundamental principles outlined in Article 5 of the law that serve as a template for how individuals’ data may be treated. They are not rigid guidelines, but rather an overarching structure for laying out the GDPR’s broad objectives. The standards are virtually identical to those used in previous data security legislation.

The GDPR enumerates seven protection and accountability principles being [A.]  lawfulness, fairness and transparency, [B.] purpose limitation in order to ensure data is processed for legitimate purposes that have been explicitly outlined to the data subject [C.] data minimization ensuring that data is collected and processed only if absolutely necessary for the specified purposes, [D.] accuracy of personal data kept up to date, [E.] storage limitation in order to store personally identifying data for as long as necessary for the specified purpose [F.] integrity and confidentiality and security and [G.] accountability of the data controller in order to be able to demonstrate  GDPR compliance with all of these principles.

Data storage limitation has fast grown to be an important aspect of data protection. Organizations should not collect more personal information than they need from their users and thus need to be kept in check in order to maintain security with the type of data that may be obtained from people. 

It is necessary to ensure that personal data is protected from ‘unauthorized or unlawful processing,’ as well as accidental loss, destruction, or damage. Essentially, it is exceedingly important for the organization to set adequate security protections. This means that appropriate information security protections must be put in place to make sure information isn’t accessed by hackers or accidentally leaked as part of a data breach.

The GDPR does not say what good security practices look like since they would be different for every organization. Although GDPR imposes the most severe penalties on data controllers and processors, the law is intended to better preserve individuals’ rights. As such, GDPR guarantees its protections. This means that it is imperative to grant individuals easier access to the data that businesses keep regarding them and also require that this data be erased under some circumstances.

Individuals have the following GDPR rights in full: the right to be informed, the right to access, the right to rectification, the right to erasure, the right to restrict processing, the right to data portability, and the right to object, and also rights around automated decision making and profiling.

[3.0] ACCOUNTABILITY IN THE GDPR

Per the GDPR, data controllers must be willing to show compliance with the regulation. This is not something an entity should do retrospectively: if the entities believe that they are GDPR compliant but cannot demonstrate it, they cannot be considered to be GDPR compliant. Consequently, firms have come up with many ways to demonstrate compliance, including [A.]  signing responsibility for data protection to members of the staff [B.] keeping accurate records of the data they receive, how it is utilized, where it is kept, and which individual is accountable for it, [C.] securing the company by training employees and implementing strategic and internal protection steps.

This protection may also manifest by having Data Processing Agreements in effect for third parties associated with the entity who work to handle data on the corporation’s behalf or even to designate a Data Protection Officer.

[3.1] DATA SECURITY

The organization is expected to protect data by enforcing adequate technological and organizational safeguards. Technical safeguards will range from encouraging staff to implement two-factor authentication on accounts that hold personal data to partnering with cloud service companies that use end-to-end encryption.

Organizational steps include conducting employee training, including a data protection policy in the employee handbook, and restricting access to sensitive data to only those workers who need it. If a data leak occurs, companies have seventy-two hours to notify affected individuals or risk fines. Some entities may be exempt from this notice provision if they use technical protections, such as encryption, to make data worthless to an attacker.

[3.2] WHEN CAN DATA BE PROCESSED

Article 6 details the circumstances in which it is permissible to process personal data. A major circumstance would be when the data recipient expressly and unambiguously consented to the processing of their data or when processing is required for the performance of a contract to which the data subject is a party or for the preparation of a contract to which the data subject is a party. Data may also be processed if the processing is required in order to comply with a legal duty placed on the entity or to preserve an individual’s safety. Essentially,  acceptable data processing is used to carry out a mission that is in the public interest or to conduct an official role with a fair reason for processing another person’s personal details.

[3.3] CONSENT

Consent should be expressed in a direct affirmative act establishing a freely granted, precise, aware, and unambiguous indication of the data subject’s consent to the processing of their personal data. This indication can come from a written document, including electronic means, or an oral statement. This could involve checking a box while using an internet database, selecting technical settings for information society facilities, or engaging in any statement or act that demonstrates the data subject’s explicit approval of the proposed processing of his or her personal data in this sense. Therefore, silence, pre-ticked boxes, or inactivity cannot be interpreted as consent

Consent should apply to any processing activities undertaken for the same or similar reasons. When processing is carried out for various uses, approval should be obtained for each of them. If permission is to be granted electronically in response to a submission, the request must be simple, succinct, and not overly intrusive to the data subject’s usage of the service. Consent must be ‘freely given, specific, informed and unambiguous.’ Data subjects can withdraw previously given consent whenever they want.

[4.0] DATA PROTECTION OFFICERS

It must be known that not every data controller or processor needs to appoint a Data Protection Officer (DPO.)  The appointment of a DPO would be pursuant to three conditions wherein the entity needs to be either [A.] a public authority other than a court acting in a judicial capacity, [B.]  the core activities require them to monitor people systematically and regularly on a large scale or [C.] their core activities are large-scale processing of special categories of data listed under Article 9 of the GDPR or data relating to criminal convictions and offenses mentioned in Article 10. However, an entity could voluntarily choose to designate a DPO when they are not obliged to. 

[4.1] WHO IS RESPONSIBLE FOR COMPLIANCE

The GDPR establishes three positions accountable for compliance: data controller, data processor, and data protection officer (DPO). The data controller determines the manner in which personal data is collected and for what reasons it is processed. Additionally, the controller is liable for ensuring that outside vendors adhere to the rules.

Data processors may be organizational groups responsible for maintaining and processing personal data information, or they could be some third-party firm that executes all or part of such functions. Processors are held responsible for data breaches or non-compliance under the GDPR. Thus, it is likely that both the business and a processing party, such as a cloud service, would be responsible for damages, even though the processing partner is solely at fault.

The GDPR needs both the controller and processor to appoint a data protection officer (DPO) to monitor their data management strategies and GDPR enforcement. A DPO is expected whether a business processes or stores a significant volume of EU citizen data, processes or stores particular categories of personal data, monitors data subjects on a regular basis, or is a public authority. Certain government agencies like law enforcement could be excluded from the DPO provision.

[4.2] THE GDPR AND THIRD-PARTY AND CUSTOMER CONTRACTS

The GDPR holds data controllers (the company that controls the data) and data processors equally liable (outside organizations that help manage that data). A non-compliant third-party processor implies that the company itself is noncompliant. Additionally, the current law has stringent monitoring requirements that must be adhered to by all in the chain, wherein organizations must remind consumers of their GDPR privileges.

This ensures that all current arrangements with processors like cloud suppliers or payroll service providers and consumers must clearly define roles and obligations. Additionally, the new contracts would specify transparent procedures for data management and protection, as well as how violations are reported.

There are a large number of providers that have access to this personal data which comprises the third-party suppliers and purchasing partnerships that handle data on the entity’s behalf and the GDPR makes it very plain that they must guarantee that all of those external parties comply with GDPR and process the data appropriately.

Client contracts must also incorporate legislative adjustments specific to the contract since they may take a variety of types, from internet click-throughs to structured arrangements in which they consent to certain ways of viewing, accessing, and processing data.

Prior to revising such contracts, the organization must consider how data is handled and handled and settle to a compliant monitoring mechanism. The technology keepers undertake a significant exercise to determine what data belongs within the organization, where it is retained or processed, and where it is exported beyond the organization. If they grasp the data flows and their effect on the enterprise, the entity will begin identifying the suppliers on which they can place the greatest emphasis, both from an information management standpoint and in terms of how they handle such partnerships as well as how they memorialize it in the contract itself.

The GDPR has altered the way the company and protection teams view information. Given the GDPR’s formal approval requirement and companies’ increased granularity in their interpretation of data and data flows, there is also a whole new class of liabilities associated with data accumulation. Consent should be legitimate, freely provided, precise, aware, and involved, as described by the GDPR. However, securing legal consent has proven difficult due to a lack of enforceability. Facebook and its branches WhatsApp and Instagram, as well as Google LLC (targeting Android), were sued instantly for their usage of ‘forced approval.’ It is a somewhat different mindset for legal enforcement, but especially for the way the company views the accumulation and use of the data, as well as for computer technology groups and their approach to data management.

For more information on serving legal papers, contact a Professional Process Service (800) 774-6922. Representatives are available Monday-Friday 8 am – 8 pm EST.  If you found this article helpful, please consider donating.  Thank you for following our blog, A space dedicated to bringing you news on breaking legal developments, interesting articles for law professionals, and educational material for all. We hope that you enjoy your time on our blog and revisit us!  We also invite you to check out our Frequently Asked Questions About Process Servers.

 Sources

1. ‘What Is Personal Data?’. Ico.Org.Uk, 2021, https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/key-definitions/what-is-personal-data/.

2.Council of Europe, European Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocols Nos. 11 and 14, 4 November 1950, ETS 5   Article 8 – Right to respect for private and family life

1. Everyone has the right to respect his private and family life, his home, and his correspondence.

2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary for a democratic society in the interests of national security, public safety, or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

3. Directive 95/46/EC L281, 23 November 1995, p. 31–50

4. ‘The Principles’. Ico.Org.Uk, 2021, https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/principles/.

5. ‘Privacy notices under the EU General Data Protection Regulation’. ico.org.uk. 20th May 2021

6. Art. 6 GDPR Lawfulness of processing

Processing shall be lawful only if and to the extent that at least one of the following applies:

      1. the data subject has given consent to the processing of his or her personal data for one or more specific purposes;
      2. processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
      3. processing is necessary for compliance with a legal obligation to which the controller is subject;
      4. processing is necessary in order to protect the vital interests of the data subject or of another natural person;
      5. processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
      6. processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

2Point (f) of the first subparagraph shall not apply to processing carried out by public authorities in the performance of their tasks.

7. ‘Exemptions’. Ico.Org.Uk, 2021, https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/exemptions/.

8. Art. 10 GDPR Processing of personal data relating to criminal convictions and offenses

Processing of personal data relating to criminal convictions and offenses or related security measures based on Article 6(1) shall be carried out only under the control of official authority or when the processing is authorized by Union or Member State law providing for appropriate safeguards for the rights and freedoms of data subjects. 2Any comprehensive register of criminal convictions shall be kept only under the control of official authority

9. Hours after midnight on 25 May 2018 by Max Schrems’s non-profit NOYB