Virginia 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

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.

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

(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

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.

An investigative consumer report goes beyond the standard credit report and includes any investigation done regarding a consumer. The Federal Trade Commission has taken the position that, when an employer investigates an employee's conduct on the job, including investigations of employee misconduct, the FCRA governs.

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.

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.

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

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.

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Virginia Consent to Investigative Consumer Report