I believe it is very widespread throughout the United States. With recent credit/debit card heist at some of the big box stores people are being more concerned about their privacy daily.
Got this email from Target today. I wonder where the information will show up. Maybe Target will be selling Alarm Systems.
Dear Target Guest, As you may have heard or read, Target learned in mid-December that criminals forced their way into our systems and took guest information, including debit and credit card data. Late last week, as part of our ongoing investigation, we learned that additional information, including name, mailing address, phone number or email address, was also taken. I am writing to make you aware that your name, mailing address, phone number or email address may have been taken during the intrusion. I am truly sorry this incident occurred and sincerely regret any inconvenience it may cause you. Because we value you as a guest and your trust is important to us, Target is offering one year of free credit monitoring to all Target guests who shopped in U.S. stores, through Experian’s® ProtectMyID® product which includes identity theft insurance where available. To receive your unique activation code for this service, please go to creditmonitoring.target.com and register before April 23, 2014. Activation codes must be redeemed by April 30, 2014. In addition, to guard against possible scams, always be cautious about sharing personal information, such as Social Security numbers, passwords, user IDs and financial account information. Here are some tips that will help protect you:
Never share information with anyone over the phone, email or text, even if they claim to be someone you know or do business with. Instead, ask for a call-back number.
Delete texts immediately from numbers or names you don’t recognize.
Be wary of emails that ask for money or send you to suspicious websites. Don’t click links within emails you don’t recognize.
Target’s email communication regarding this incident will never ask you to provide personal or sensitive information. Thank you for your patience and loyalty to Target. You can find additional information and FAQs about this incident at our Target.com/databreach website. If you have further questions, you may call us at 866-852-8680. Gregg SteinhafelChairman, President and CEO
Target is in an unenviable position of trying to regain lost trust and credibility. It took them a day to lose a reputation that they spent billions of dollars and scores of years to build … but just think of this. How much worse would it be if it were discovered that Target had actually SOLD this information — like some home inspectors do?
At a minimum, home inspectors who sell client data to lead brokers should refuse to keep the lead broker’s identification anonymous. Instead, he should provide his client with the same contact information for the lead broker that he is providing to the lead broker about the client … and he should reveal his compensation.
When “Do Not Call” lists are violated by the lead broker, the client will know who to report.
Jbushart said,…
“At a minimum, home inspectors who sell client data to lead brokers should refuse to keep the lead broker’s identification anonymous. Instead, he should provide his client with the same contact information for the lead broker that he is providing to the lead broker about the client … and he should reveal his compensation.”
I would agree that the supplier of the added service products contact should be available for anyone receiving them. They have that contact with every product and it’s all over the web.
What compensation need revealed? You hammer this constantly and I still don’t get it???
Also if one was being compensated as I believe some of the alarm companies give a commission for closed sales from referrals , it would be no ones business what that number is…so I do t understand either of these points… Please expand as I have heard this over and over and must have missed something.
Thanks
He agrees to provide a clause in his inspection agreement that (when his client signs and agrees to hiring him as a home inspector) also waives his clients’ rights to privacy under a “Do Not Call” list. (While the Attorney General for one state has written that this clause is not “legally valid”, there are 49 other states.) In this clause, he does NOT identify the lead broker who is buying the information but, instead, refers to the lead broker as an anonymous “TPSP”.
Here is the wording I am referring to:
This “Do Not Call” list waiver is what makes this agreement relevant to this topic.
He agrees to (what the contract refers to as) “Compensation” for providing the private data in prescribed manner and provides for compensation to be withheld from the inspector if the private data is NOT provided in the prescribed manner.
He agrees to be compensated as an “independent contractor”.
He agrees to keep his contractual arrangements (to include his independent contractor status and compensation arrangements) confidential and to provide them to no one with Thornberry’s written consent.
Much of the descriptions of the various forms of “compensation” are included in what is referred to by the contract as “Exhibit A” to the agreement.
As to your question as to why an inspector should reveal his kickback, I feel that since the home buyer is indirectly paying these kickbacks, an integral inspector will reveal that he is receiving them in spite of any secrecy arrangements he may have made with the lead broker.
He agrees to provide a clause in his inspection agreement that (when his client signs and agrees to hiring him as a home inspector) also waives his clients’ rights to privacy under a “Do Not Call” list. (While the Attorney General for one state has written that this clause is not “legally valid”, there are 49 other states.) In this clause, he does NOT identify the lead broker who is buying the information but, instead, refers to the lead broker as an anonymous “TPSP”.
Here is the wording I am referring to:
This “Do Not Call” list waiver is what makes this agreement relevant to this topic.
He agrees to (what the contract refers to as) “Compensation” for providing the private data in prescribed manner and provides for compensation to be withheld from the inspector if the private data is NOT provided in the prescribed manner.
He agrees to be compensated as an “independent contractor”.
He agrees to keep his contractual arrangements (to include his independent contractor status and compensation arrangements) confidential and to provide them to no one with Thornberry’s written consent.
Much of the descriptions of the various forms of “compensation” are included in what is referred to by the contract as “Exhibit A” to the agreement.
As to your question as to why an inspector should reveal his kickback, I feel that since the home buyer is indirectly paying these kickbacks, an integral inspector will reveal that he is receiving them in spite of any secrecy arrangements he may have made with the lead broker.
We are presently marketing in an era where people are becoming INCREASINGLY annoyed with two things: the exploitation of their private information and “Do Not Call” violations. Home inspectors engaging in the activities of selling client data and waiving their rights to privacy appear to be offending the public in both of these areas at the same time.
And to add to that, it is a requirement of the COE of this org to provide your client with the explicit information of “to Whom” you are releasing their private information to. Mentioning that the private information is going to be released to a TPSP, is not explicit.
The InterNACHI member shall not release any information about the inspection or the client to a third party unless doing so is necessary to protect the safety of others, to comply with a law or statute, or both of the following conditions are met:
a. the client has been made explicitly aware of what information will be released, to whom, and for what purpose, and;
b. the client has provided explicit, prior written consent for the release of his/her information.
I agree with you on these points George & would add that, IMO, it should be on a separate contract all together and as Jeff stated earlier, should be an “opt in”.
I agree with you about the COE, Kevin … however, not only is the COE rarely enforced, but it is limited to just this association.
The problem with the sale of home buyers’ private data by home inspectors extends beyond the boundaries of any particular association and any particular lead broker.
IMO, the key to addressing this problem begins with informing the consumer that this practice even exists … and to inform them that they have a choice and can carefully select inspectors who do NOT engage in this practice.
You guys have clearly
Explained your perspective. But is not the inspector offering the client the opportunity to release their “contact” information in exchange for these services? No diff than a discount card at Kroger ( they will in turn use the info for market targeting, buying habits and contact to the client with “specials”.
The inspector I many of these transactions actually pays for some of these services that the client has agreed to receive.
So, what’s the issue? No devious acts? No different than any other marketing data collection? No compensation for the inspector as a sale(actually cost the inspector )
That’s what I see, generalizing does not clarify the debate
You have been provided … and are passing on … a grocery store analogy that simply doesn’t apply, George.
When you shop at Kroger … you are not signing a contract to provide them with anything in exchange for their “specials” as you are the lead broker.
When you sell information to a lead broker you are agreeing to be an “independent contractor” and are contracted by him to perform certain things in exchange for certain things that your contract with him refers to as “compensation”.
Your client does not sign a contract with the lead broker. You do. The “benefit” is not provided directly to your client in exchange for his private data. It is provided to you to give to him, sell to him, or sell to someone else.
I hear your point, but you do agree with Krogers terms on the little app you fill out to get the card…
Second the products are supplied directly to the client…you are inferring that the inspector is agreeing to relay in the language and somehow takes the product and then gives to client.
That’s an interesting point. But I have a clarification question and value your perspective.
If contract language between the vendor and inspector clearly stated that the inspector is agreeing to offer the services to his clients on behalf of the vendor and no compensation is received by the inspector and actually the inspector is paying a fee for some of these services AND the client can accept or decline this offer. What would then be your issue?
I have to admit that I do not read every word of the terms of service when I sign up for emails from web sites, apps for my phone or the many pages of real estate paperwork for buying or selling a property.
I’m also quite sure that most people signing an inspector’s pre inspection agreement do not read every clause but sign any way.
You are describing a contract that, I presume, is between a home inspector and a vendor of a product for home buyers.
For a contract to be binding, both parties (the inspector and vendor) must be receiving something of value from the other in order for the contract to be binding. This is called “consideration” and, in the absence of consideration, you have no binding agreement.
In your hypothetical question, what is the inspector receiving from the vendor in order to be contracted to him?
