Tenant Resources · Data Rights
Pet screening services may collect and sell your personal data — including your disability status. Here's what the law gives you the right to do about it.
Your Legal Rights
Multiple layers of federal and state law may apply when a pet screening platform collects your personal data. Here's what each framework provides.
In states with consumer privacy laws, you can submit a formal request to any company that holds your personal data asking them to disclose exactly what data they have, where it came from, and who it has been shared with or sold to.
CCPA · State Privacy LawsYou can demand that a pet screening platform delete your personal data from their systems — including any ESA documentation, pet photos, financial information, and profile data. They must respond within legally specified timeframes (typically 45 days).
CCPA · State Privacy LawsCalifornia, Virginia, Colorado, and other states give you the right to direct a company to stop selling or sharing your personal information with third parties. This right applies regardless of whether you can "un-submit" a past screening.
CCPA · VCDPA · CPAIf a pet screening platform uses your data to produce a "consumer report" — a file used to make decisions about your housing — the Fair Credit Reporting Act may apply. This gives you additional rights to dispute inaccurate information and be notified when adverse action is taken.
15 U.S.C. § 1681Under the Fair Housing Act, housing providers cannot require you to pay a fee to process an ESA accommodation request — including fees charged by third-party screening services. Courts have found this practice raises serious legal questions regardless of who receives the payment.
42 U.S.C. § 3604Privacy laws in several states specify that consent obtained under conditions where refusal results in significant harm — such as loss of housing — may not constitute valid consent. Regulators in California and other states have signaled scrutiny of "take it or lose your apartment" data collection.
CCPA RegulationsState-by-State
If you live in one of these states, you have the right to submit formal data requests to pet screening platforms right now. Federal law is the floor; these states add additional protections.
| State | Law | Delete Right | Opt-Out of Sale | Response Window |
|---|---|---|---|---|
| California | CCPA / CPRA | Yes | Yes | 45 days |
| Virginia | VCDPA | Yes | Yes | 45 days |
| Colorado | CPA | Yes | Yes | 45 days |
| Connecticut | CTDPA | Yes | Yes | 45 days |
| Texas | TDPSA | Yes | Yes | 45 days |
| Florida | FDBR | Yes | Yes | 45 days |
| Oregon | OCPA | Yes | Yes | 45 days |
| Montana | MCDPA | Yes | Yes | 45 days |
Additional states have enacted or are actively considering consumer privacy legislation. This table reflects laws in effect as of early 2026. Consult an attorney for current applicability in your state.
Action Steps
Locate the name of the pet screening service you were required to use. Check your email for confirmation receipts, or look at the landlord's lease materials — the platform name is usually listed there. Note the date you completed the screening.
Every company subject to CCPA and similar state laws is required to provide a designated method for submitting privacy requests — typically an email address, web form, or toll-free number listed in their Privacy Policy. Navigate to their Privacy Policy and locate the "Data Rights" or "Contact Us" section.
Submit your request in writing — email is sufficient and creates a paper trail. Use the template below. Be explicit about which state law you're invoking and clearly request (1) disclosure of all data collected, (2) deletion of all data, and (3) cessation of any sale or sharing of your information.
Save a copy of your request with the date and time sent. If they respond with a verification requirement, respond promptly — but do not provide more personal data than minimally required to confirm your identity.
Under most state privacy laws, companies must respond within 45 calendar days (extendable to 90 days in some cases with notice). Mark your calendar. If they fail to respond or deny your request without legal justification, you have escalation options.
Instructions: Fill in the bracketed fields before sending. Send via email if possible (creates a record). If the platform only offers a web form, screenshot the completed form before submitting. Keep all correspondence in a dedicated folder.
If They Refuse or Don't Respond
A refusal to honor a valid data deletion request — or a failure to respond within the required window — is itself a potential violation of state privacy law. Here's what to do.
Document the refusal — including the date, the stated reason (if any), and any correspondence. Then consider these escalation paths:
Important note on documentation: Even if you cannot stop data collection before it happens — because the landlord requires the screening to approve your application — you can take action after the fact. The law does not require that you have stopped the initial collection. It requires that the company honor your deletion and opt-out rights once you exercise them.
If you were required to submit a pet screening — and especially if your request for data deletion was refused or ignored — your report adds to the public record. Reports are anonymous.
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