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The Fair Credit Reporting Act (FCRA) is a federal law that requires you to make a disclosure to employees or applicants informing them that you will obtain a consumer report about them for employment consideration purposes. The form of the disclosure must meet very specific criteria set forth in the statute.
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.
FCRA Authorization: Obtain Permission for a Background Check A compliant FCRA authorization form is an acknowledgement that a pre-employment background check will be conducted. It can be presented as a self-contained document or jointly with an FCRA disclosure form.
An investigative consumer reporting agency may require the consumer to furnish a written statement granting permission to the consumer reporting agency to discuss the consumer's file in such person's presence.
California Civil Code Section 1786.2 defines an investigative consumer report as a consumer report in which information on a consumer's character, general reputation, personal characteristics, or mode of living is obtained through any means.
The federal Fair Credit Reporting Act (FCRA) promotes the accuracy, fairness, and. privacy of information in the files of consumer reporting agencies.
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.
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.
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.
When you formally reject the applicant, you would be required to provide an adverse action notice. The applicants for a sensitive financial position have authorized you to obtain credit reports.