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Complying with the FCRA Tell the applicant or employee that you might use information in their consumer report for decisions related to their employment. ... Get written permission from the applicant or employee. ... Certify compliance to the company from which you are getting the applicant or employee's information.
The Fair Credit Reporting Act (FCRA) (15 USC 1681) became effective on April 25, 1971. The FCRA is designed to regulate the consumer reporting industry; to place disclosure obligations on users of consumer reports; and to ensure fair, timely, and accurate reporting of credit information.
If the disputed information is wrong or can't be verified, the company is required by law to delete or change the information. It also has to notify all of the credit reporting companies to which it provided the wrong information, so the credit reporting companies can update their files with the correct information.
In order to respond to consumer litigation or regulatory scrutiny, a financial institution should maintain records of the prescreening criteria and the firm offers of credit extended to prescreened consumers for at least three years. Making firm offers of credit can be a difficult process to maneuver.
The FCRA requires any prospective user of a consumer report, for example, a lender, insurer, landlord, or employer, among others, to have a legally permissible purpose to obtain a report. Legally Permissible Purposes.