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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.
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.
On July 21, 2010, Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). Section 1100F of the Dodd-Frank Act amended the FCRA to require disclosure of credit scores and information relating to credit scores for both risk-based pricing and FCRA adverse action notices.
A credit file disclosure provides you with all of the information in your credit file maintained by a consumer reporting company that could be provided by the consumer reporting company in a consumer report about you to a third party, such as a lender.
Today, FCRA compliance standards generally regulate employers that use background reports, along with the Consumer Reporting Agencies (CRAs) that provide them with these reports. FCRA rules generally apply any time an employer obtains a background check on a potential job candidate from a third-party source.
The FCRA For Employment PurposesEmployers are required to both disclose their intention to obtain a consumer report and obtain written consent from applicants or current employees prior to requesting a consumer report.
The FCRA applies to any company that collects and sells data about you to third parties. Such companies, known as consumer reporting agencies, must follow the stipulations of the FCRA. The three most well-known consumer reporting agencies in the U.S. are Equifax, TransUnion and Experian.
The answer is YES! Companies have the right to screen both new hires AND current workers, but they must follow the rules. Here's a brief overview of the background check process for current employees.
The FCRA gives you the right to be told if information in your credit file is used against you to deny your application for credit, employment or insurance. The FCRA also gives you the right to request and access all the information a consumer reporting agency has about you (this is called "file disclosure").
The CCPA exempts the sale of personal information to or from a consumer reporting agency if that information is to be reported in, or used to generate, a consumer report and the use of the information is limited by the FCRA. CCPA § 1798.145(d) (the FCRA exemption).