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Under the FCRA, a background check report is called a "consumer report." This is the same "official" name given to your credit report, and the same limits on disclosure apply.
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.
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.
To regulate the consumer credit reporting and related industries to ensure that consumer information is reported in an accurate, timely, and complete manner; to give individuals information when consumer reports are used to evaluate credit applications; and to protect the confidentiality of information.
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.
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.
You must give your consent for reports to be provided to employers. A consumer reporting agency may not give out information about you to your employer, or a potential employer, without your written consent given to the employer. Written consent generally is not required in the trucking industry.
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.
You must: Tell the applicant or employee that you might use information in their consumer report for decisions related to their employment....You must certify that you:notified the applicant or employee and got their permission to get a consumer report;complied with all of the FCRA requirements; and.More items...
Any person who procures or causes to be prepared an investigative consumer report on any consumer shall, upon written request made by the consumer within a reasonable period of time after the receipt by him of the disclosure required by subsection (a) (1), shall make a complete and accurate disclosure of the nature and