New Jersey Authorization of Consumer Report
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FAQ
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.
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.
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.
Get written permission from the applicant or employee. This can be part of the document you use to notify the person that you will get a consumer report. If you want the authorization to allow you to get consumer reports throughout the person's employment, make sure you say so clearly and conspicuously.
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.
Under the FCRA, an employer may not run a background check on a prospective employee without first providing "a clear and conspicuous disclosure . . . in a document that consists solely of that disclosure, that a consumer report may be obtained for employment purposes." For efficiency, many employers include all
You can order reports including your annual free reports from Experian, Equifax, and TransUnion at annualcreditreport.com and we recommend that you check your report with each company at least once per year . But you will have to order the specialty consumer reports individually from each reporting company.
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
