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When you apply for a job, your prospective employer may use a consumer report to evaluate you as a potential employee. 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.
Employers routinely obtain consumer reports that include the verification of the applicant/employee's Social Security number; current and previous residences; employment history, including all personnel files; education; references; credit history and reports; criminal history, including records from any criminal
Anytime an employer requests a consumer report on an applicant or employee, obligations under the FCRA are triggered. Consumer reports can include a broad range of categories, including driving records, criminal records, credit reports, and other reports from third parties, such as drug tests.
A creditor must notify the applicant of adverse action within: 30 days after receiving a complete credit application. 30 days after receiving an incomplete credit application. 30 days after taking action on an existing credit account.
Waiting period. While not explicitly prescribed by the FCRA, courts and Federal Trade Commission guidance suggest five days is a reasonable period to wait after the pre-adverse action notice and before taking adverse action.
An investigative consumer report offers insight employers use to gain a better understanding of a person's character through interviews. These are often in the form of personal and/or professional references. When deciding which might be best, ask what information are you trying to gain.
If you deny a consumer credit based on information in a consumer report, you must provide an adverse action notice to the consumer. if you grant credit, but on less favorable terms based on information in a consumer report, you must provide a risk-based pricing notice.
An investigative consumer report is more like a detailed background check. Facts that create a picture of who you are as a person are included in this kind of report, and the gathering of that information might even include interviews with your neighbors, friends and associates.
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
Information from third parties The consumer has 60 days from the time it receives an adverse action notice (e.g., pursuant to the Equal Credit Opportunity Act) to make the request.