This document outlines the federal and state legal standards an employer must follow when requesting a consumer credit report or a background investigation on an employee or potential employee.
This document outlines the federal and state legal standards an employer must follow when requesting a consumer credit report or a background investigation on an employee or potential employee.
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The FCRA applies to any company that collects and sells data about you to third parties. Such companies, known as consumer reporting agencies, must follow the stipulations of the FCRA. The three most well-known consumer reporting agencies in the U.S. are Equifax, TransUnion and Experian.
The FCRA requires any prospective user of a consumer report, for example, a lender, insurer, landlord, or employer, among others, to have a legally permissible purpose to obtain a report.
The FCRA regulates the collection, distribution and use of consumer information, which includes Consumer Reports, also known as employment background checks. Background checks can contain information from a variety of sources, including credit reports, employment verifications and criminal record searches.
The FCRA For ?Employment Purposes? Employers are required to both disclose their intention to obtain a consumer report and obtain written consent from applicants or current employees prior to requesting a consumer report.
In general, when employers use a third party to conduct background checks on applicants or employees, the federal Fair Credit Reporting Act (FCRA) will apply. The FCRA governs how employers obtain and handle consumer reports, which include standard background checks.
A background investigation generally involves determining whether an applicant may be unqualified for a position due to a record of criminal conviction, motor vehicle violations, poor credit history, or misrepresentation regarding education or work history.
Issuers of credit cards. Employers. Generally, the FCRA does not apply to commercial transactions, including those involving agricultural credit. It does not give any federal agency authority to issue rules or regulations having the force and effect of law.
The Fair Credit Reporting Act (FCRA) is a federal law that requires you to make a disclosure to employees or applicants informing them that you will obtain a consumer report about them for employment consideration purposes. The form of the disclosure must meet very specific criteria set forth in the statute.