Tennessee 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

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

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

Examples of types of information that may qualify as CR include: arrest, convictions, judgements, and bankruptcies; criminal histories, education, and licenses held by consumers; drug tests (if provided by an intermediary to an employer but not when a drug lab provides the result directly to the employer)

A consumer report is a report expected to be used or collected in whole or part for the purpose of serving as a factor used in establishing the consumers eligibility for credit or insurance used primarily for personal, family, household, or employment purposes.

Lenders typically pull credit reports when you attempt to borrow money. Investigative consumer reports are not usually for evaluating creditworthiness, but are more concerned about judging an individual's character for licensing, tenancy, or employment.

(d) The term "consumer report" means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or

Employers should be aware that California law generally limits an investigative consumer report inquiry regarding public records to the past seven years (10 years for bankruptcy filings).

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.

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.

Tennessee Ban-the-Box Law In 2016, Senate Bill 2440 was signed into law. This is Tennessee's ban-the-box law, which prohibits public employers from conducting pre-employment background checks during the initial stages of the hiring process and cannot ask questions about criminal histories on their job applications.

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Tennessee Consent to Investigative Consumer Report