Choice Background Checks. PRODUCTSPRODUCTS FEDERAL FAIR CREDIT REPORTING ACT Users Must Have a Permissible Purpose Users Must Provide Certifications.

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Presentation transcript:

Choice Background Checks

PRODUCTSPRODUCTS

FEDERAL FAIR CREDIT REPORTING ACT Users Must Have a Permissible Purpose Users Must Provide Certifications Users Must Notify Consumers When Adverse Actions Are Taken Adverse Actions Based on Information Obtained From a CRA Adverse Actions Based on Information Obtained From Third Parties Who Are Not Consumer Reporting Agencies Adverse Actions Based on Information Obtained From Affiliates Users Must Have a Permissible Purpose Users Must Provide Certifications Users Must Notify Consumers When Adverse Actions Are Taken Adverse Actions Based on Information Obtained From a CRA Adverse Actions Based on Information Obtained From Third Parties Who Are Not Consumer Reporting Agencies Adverse Actions Based on Information Obtained From Affiliates OBLIGATIONS OF ALL USERS OF CONSUMER REPORTS

FEDERAL FAIR CREDIT REPORTING ACT If information from a CRA is used for employment purposes, the user has specific duties, which are set forth in Section 604(b) of the FCRA. The user must:· Make a clear and conspicuous written disclosure to the consumer before the report is obtained, in a document that consists solely of the disclosure, that a consumer report may be obtained.; Obtain prior written authorization from the consumer.· Certify to the CRA that the above steps have been followed, that the information being obtained will not be used in violation of any federal or state equal opportunity law or regulation, and that, if any adverse action is to be taken based on the consumer report, a copy of the report and a summary of the consumer's rights will be provided to the consumer.; Before taking an adverse action, provide a copy of the report to the consumer as well as the summary of the consumer's rights. (The user should receive this summary from the CRA, because Section 604(b)(1)(B) of the FCRA requires CRAs to provide a copy of the summary with each consumer report obtained for employment purposes.) If information from a CRA is used for employment purposes, the user has specific duties, which are set forth in Section 604(b) of the FCRA. The user must:· Make a clear and conspicuous written disclosure to the consumer before the report is obtained, in a document that consists solely of the disclosure, that a consumer report may be obtained.; Obtain prior written authorization from the consumer.· Certify to the CRA that the above steps have been followed, that the information being obtained will not be used in violation of any federal or state equal opportunity law or regulation, and that, if any adverse action is to be taken based on the consumer report, a copy of the report and a summary of the consumer's rights will be provided to the consumer.; Before taking an adverse action, provide a copy of the report to the consumer as well as the summary of the consumer's rights. (The user should receive this summary from the CRA, because Section 604(b)(1)(B) of the FCRA requires CRAs to provide a copy of the summary with each consumer report obtained for employment purposes.) OBLIGATIONS OF USERS WHEN CONSUMER REPORTS ARE OBTAINED FOR EMPLOYMENT PURPOSES

LIABILITY FOR VIOLATIONS OF THE FCRA Failure to comply with the FCRA can result in state or federal enforcement actions, as well as private lawsuits. Sections 616, 617, and 621. In addition, any person who knowingly and willfully obtains a consumer report under false pretenses may face criminal prosecution. Section 619