You found the right apartment and put in an application. Then you got a vague notice that your application was denied — and buried in the fine print was a reference to a tenant screening report from something called TransUnion SmartMove. If errors in that report cost you the housing, you may have a legal claim.
The federal Fair Credit Reporting Act (FCRA) protects renters from inaccurate consumer reporting. If TransUnion SmartMove reported false or outdated information about you, and a landlord acted on it, you may be entitled to compensation. Find out how we can help.
What Is TransUnion SmartMove?
TransUnion SmartMove is a tenant screening product operated by TransUnion Rental Screening Solutions (TURSS), a division of the major credit bureau TransUnion. Landlords and property managers use SmartMove to screen rental applicants quickly — often before a renter even knows the report has been pulled.
SmartMove gives landlords access to a suite of consumer data and then generates a proprietary ResidentScore—a number on a scale of 350 to 850 that the landlord uses to evaluate the applicant’s risk. This score is separate from a standard credit score and draws on different data. A renter with a strong credit history can still receive a low ResidentScore if their rental history data contains errors — even errors that belong to someone else entirely.
Because TURSS is a consumer reporting agency (CRA) under the FCRA, it is subject to the same legal obligations as any credit bureau. That means accuracy requirements, dispute rights, and liability when those obligations are not met.
What Does a SmartMove Report Include?
A SmartMove screening report can contain several categories of consumer data, depending on which package the landlord selects:
- ResidentScore — a proprietary score intended to predict eviction risk
- Credit Report — drawn from TransUnion’s credit database
- Criminal Background Report — compiled from criminal record databases across multiple states
- Eviction Related Report — searches for eviction filings and proceedings
- Income Insights — an assessment of whether the applicant’s stated income requires further verification
- Identity Check Report — attempts to verify the applicant’s identity
The breadth of the data pulled makes SmartMove a powerful screening tool. It also creates many opportunities for error.
Common TransUnion SmartMove Errors
Tenant screening companies process an enormous volume of data, and SmartMove is no exception. Errors occur more frequently than most renters realize, and a single mistake can be enough to trigger a denial. Some of the most common problems we see include:
- Mixed files. When two consumers share a similar name or overlapping personal information, their data can be merged into a single report. Criminal records, eviction filings, or debt belonging to a stranger can end up attributed to you. The FCRA requires TURSS to use reasonable procedures to prevent exactly this kind of error.
- Expunged or sealed records still appear. If a criminal charge was dismissed, expunged, or sealed, it should not appear on your screening report. Reporting cleared records as if they were active convictions is a common and serious mistake.
- Charges reported without final dispositions. A criminal charge that was ultimately dropped can appear as a conviction if the report shows the arrest but not the outcome. Incomplete records are misleading and legally problematic.
- Outdated eviction records. State laws limit how far back a tenant screening company can look for eviction data. When TURSS reports records that fall outside the permissible look-back period, the report is legally deficient regardless of whether the underlying information is factually accurate.
- Errors in the ResidentScore. Because the ResidentScore is calculated from underlying data, any error in that data — wrong eviction records, a mixed file, an incomplete criminal entry — feeds directly into the score a landlord sees. A score built on bad data will produce a bad outcome.
A Pattern of Problems
TransUnion’s rental screening operations have faced significant legal scrutiny. In October 2023, the Consumer Financial Protection Bureau and the Federal Trade Commission proposed a joint $15 million fine against TURSS, citing the company’s failure to ensure the accuracy of its reports and its refusal to identify the data suppliers responsible for errors consumers were disputing.
Earlier litigation produced even larger consequences. In December 2017, a federal district court upheld a $60 million jury verdict against TRSSI and TransUnion, LLC in a federal class action alleging that the companies violated the FCRA by falsely labeling consumers as terrorists and drug traffickers in their reports. That same month, TRSSI and TransUnion agreed to pay $8 million to settle a separate class action alleging improper disclosure of consumer “Alert List” information to landlords reviewing rental applications.
These cases reflect a documented pattern of data mismanagement that continues to harm renters today.
Your Rights Under the FCRA
The FCRA gives renters meaningful legal tools to fight back against inaccurate SmartMove reports. Under federal law, TURSS is required to use reasonable procedures to ensure maximum possible accuracy in every report it produces. When it fails to meet that standard, consumers have the right to act.
Specifically, the FCRA requires:
- Accuracy. TURSS must maintain reasonable procedures to ensure its reports are accurate and up to date.
- Access to your report. If you are denied housing based on a SmartMove report, the landlord must provide you with the name and contact information of the reporting agency and notify you of your right to a free copy of the report within 60 days.
- The right to dispute. You have the right to submit a written dispute directly to TURSS. The company must conduct a reasonable reinvestigation and respond within 30 days.
- Pre-adverse action notice. Before a landlord takes adverse action — such as denying your application — based on a consumer report, federal law requires them to notify you and allow you to respond. Many landlords skip this step entirely, which is a legal violation in itself.
If TURSS or a landlord violates any of these requirements, you may be entitled to actual damages (such as a lost security deposit or increased rent elsewhere), statutory damages of up to $1,000 per violation, punitive damages in cases of willful noncompliance, and attorney’s fees — meaning you typically owe nothing out of pocket to pursue your claim.
What Should You Do If You Suspect an Error?
If you believe a TransUnion SmartMove report contributed to a housing denial, take the following steps right away.
First, request a copy of your SmartMove report from TransUnion Rental Screening Solutions. The adverse action notice from your landlord should identify TURSS as the reporting agency and tell you how to request it. You are entitled to a free copy within 60 days of an adverse action.
Second, review the report carefully. Look for any criminal records, eviction entries, or other information that is wrong, outdated, or does not belong to you. Even an address error or name mismatch can be a sign of a mixed file.
Third, submit a written dispute to TURSS and keep copies of everything. TURSS’s dispute contact is: [email protected] or by mail at 6430 South Fiddlers Green Circle, Suite 500, Greenwood Village, CO 80111.
Fourth, and most importantly, contact an experienced FCRA attorney. If your dispute is ignored, closed without correction, or results in the same error reappearing, that is when legal action becomes necessary.
Why Maginnis Howard?
At Maginnis Howard, we help consumers hold background screening companies accountable when they fail to comply with federal law. We have experience litigating FCRA claims against consumer reporting agencies like TransUnion Rental Screening Solutions, and we understand how to move these cases from dispute to resolution.
If you are dealing with an inaccurate TransUnion Smartmove rental check, contact us today for a consultation. We are here to ensure your rights are protected and to help you seek the justice you deserve. We represent clients on a contingency basis. That means you don’t pay anything unless and until we recover compensation on your behalf.
