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A consumer report is a collection of documents that may include credit reports, criminal and other public records such as bankruptcy filings, and records of civil court procedures and judgments. Increasingly, these records also include your activity on social media, such as Twitter and Facebook.
Before requesting a consumer report (such as credit reports and background checks), employers now must: (1) make a clear and conspicuous disclosure in a separate document to the applicant or employee that a report may be requested; and (2) obtain written permission from the applicant or employee.
Lenders typically pull credit reports when you attempt to borrow money. Investigative consumer reports are not usually for evaluating creditworthiness, but are more concerned about judging an individual's character for licensing, tenancy, or employment.
One important distinction to make is that investigative consumer reports will not include any information about your credit record obtained directly from a creditor or from you. An investigative consumer report cannot and will not be used as part of an application to grant credit.
A consumer disclosure is the long version of your credit report that contains all credit inquiries and suppressed information not found in your standard credit report, as well as the normal credit report records of balances, payment history, personal information, etc.
Specifically, the FCRA requires that you must provide a clear and conspicuous written notice that consists solely of the disclosure. In other words, the disclosure must be (1) clear and conspicuous; and (2) exist as a standalone document.
As a rule of thumb, the distinction between the two types of investigations can be thought of as simply verifying the specific facts about education, employment or other information the applicant has provided to the employer ("consumer report") versus obtaining more general character or personal information through
The applicant or employee must agree in writing to the release of the report to the employer. This written permission may be given on the notice itself.
Section 1681a of the Fair Credit Reporting Act defines an investigative consumer report as a consumer report or portion thereof in which information on a consumer's character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or
Unlike federal law, California law also requires new consent each time an investigative report is sought during employment if the report is for purposes other than suspicion of wrongdoing or misconduct. Employers must provide the applicant or employee with the opportunity to request a copy of the report.