It’s week 4 of compliance series! Our compliance series is meant to ensure you are following all Compliance Standards in your background screening process. This week’s topic is Copy of Report.
Fair Credit Report Act
The FCRA or Fair Credit Report Act is a federal law regulating the collection and reporting of an individual’s background information. A CRA (consumer reporting agency) and employer both have obligations under the FCRA. It also protects the consumer with provisions like consent must be obtained, the consumer has a right to receive their report, the consumer has a right to dispute information, etc. For more information reference the FCRA here.
The employer cannot delegate responsibility for compliance of the FCRA to a CRA, nor can they claim they did not realize they were in violation of FCRA. This means an employer must take responsibility for compliance. This means saying you did not realize you were violating it will not be a defense in doing so (ie a strict-liability statute).
Click here for the Summary of Rights Notice in both English and Spanish Versions.
FCRA Employer Requirements
- Consent Form
- Adverse Action
- Copy of Report
- Dispute
- Security & Privacy
Copy of Report
The FCRA ensures the right of a consumer to see a copy of their report when requested; there is no lawful cause to refuse the request. The FCRA uses this provision to encourage transparency. In doing so, it allows the consumer to identify and dispute inaccuracies – regardless of whether these influenced your decision.
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This communication is intended for Choice Screening's current or prospective clients and partners and may not be forwarded outside of Choice Screening, posted online, or otherwise reprinted in whole or in part. The information contained in this newsletter is not all encompassing and is meant to be informative only, nor contains legal advice, expressed or implied. Consult with qualified legal counsel in all matters of employment, business, and background screening law.
