New York Consent to Investigative Consumer Report

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Description

The Federal Fair Credit Reporting Act regulates the use of information on a consumer's personal and financial condition. The most typical transaction which this Act would cover would be where a person applies for a personal loan or other consumer credit. Consumer credit is credit for personal, family, or household use, and not for business or commercial transactions. Also, this Act can apply when a person applies for a job or even a policy of insurance when certain investigations are made of the applicant.


Investigative Consumer Reports are special types of consumer report not commonly used by credit and collection professionals. This report differs from the typical report used for the extension of consumer credit because it is can include information regarding a consumer's character, general reputation, and personal characteristics obtained through interviews with neighbors, friends, business associates, etc.

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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

The user must disclose to the consumer that an investigative consumer report may be obtained. This must be done in a written disclosure that is mailed, or otherwise delivered, to the consumer at some time before or not later than three days after the date on which the report was first requested.

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

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.

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.

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.

What is a Consumer Report? A consumer report contains information about your personal and credit characteristics, character, general reputation, and lifestyle. To be covered by the FCRA, a report must be prepared by a consumer reporting agency (CRA), a business that assembles such reports for other businesses.

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.

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.

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

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New York Consent to Investigative Consumer Report