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Stay FCRA - Compliant

 

Info Cubic strongly believes law compliance is of the utmost importance to our clients. Therefore, we strive to provide all of our clients with the information and forms they need to remain fully compliant with all applicable FCRA, State and local laws and regulations.

FCRA Compliance

The federal Fair Credit Reporting Act (FCRA) is designed to protect individuals by promoting accuracy, fairness, and privacy of information in the files of every Consumer Reporting Agency (CRA). Most CRAs are credit bureaus that gather and provide information about individuals - such as if they pay their bills on time or have filed bankruptcy - to creditors, employers, and landlords. Companies that perform pre-employment screening services, such as Info Cubic, are also governed by the FCRA, as are the employers that use Info Cubic's background screening services.

Info Cubic's FCRA experts ensure that all of our clients remain fully FCRA-compliant. We can help with every aspect of FCRA compliance related to employment screening.

No more dedicated human resources need to be spent on the task of preparing, printing, mailing and filing FCRA required pre-adverse and adverse action notices. No more checking for California residency (and mailing out special forms and reports) for your applicants. Info Cubic's compliance fulfillment services will keep you in compliance with all Federal and State laws that govern the use of background checks in the employment screening process. Our FCRA experts constantly monitor changes to any laws and regulations regarding employment screening and will notify our customers of said changes as they arise so they will always remain compliant.

Fair Credit Reporting Act Overview for Employers

The following information is provided as a courtesy to our customers and is not to be considered legal advice.

Today's employers regularly screen employees or potential employees using criminal records, employment histories, educational verifications, driving records, credit reports and more. Due to the federal Fair Credit Reporting Act ("FCRA"), employers must comply with certain disclosure and reporting requirements while performing background checks. The FCRA was enacted primarily to protect the privacy rights of individuals relating to credit information. The law, however, covers significantly more than just credit reports. A summary of the relevant provisions of the FCRA pertaining to employment screening is provided below. To review the FCRA in its entirety, please visit www.ftc.gov/os/statutes/fcra.htm.

What is a Consumer Report and a Consumer Reporting Agency?
The FCRA requirements apply whenever an employer requests a "consumer report" or "investigative consumer report" from a consumer reporting agency. A "consumer report" includes any written, oral, or other communication of any information by a consumer reporting agency regarding a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used as a factor to establish the consumer's eligibility for employment. For purposes of the discussion below, references made to consumer reports include employment reports. A "consumer reporting agency" is any person or company who, for financial gain, regularly engages in the business of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties.

Written Disclosure and Authorization Required
The FCRA requires any employer intending to obtain a consumer report to first make a clear and conspicuous written disclosure to the applicant or employee that a consumer report may be obtained for employment purposes. The disclosure cannot be included in an employment application or other document that contains additional information. The employer must also obtain the employee's or applicant's written authorization before obtaining the report.

Employer-User Certification Required
Employers also must comply with certain reporting requirements. To obtain a consumer report from a consumer reporting agency, the employer must first provide certification to the consumer reporting agency that the employer:

  • Is requesting the report for employment purposes (which includes evaluating an applicant or employee for employment, promotion, reassignment, or retention as an employee).
  • Has provided the required disclosure to the applicant or employee.
  • Has obtained the necessary written authorization to request the report.
  • Will provide the applicant or employee with a copy of the report and a written description of the applicant or employee's rights before taking any adverse action based in whole or in part on the report.
  • Will not use the information from the report in a manner that violates federal or state equal opportunity laws.

Notice Requirements in Connection with Adverse Actions
In the event an employer plans to take any adverse action based wholly or in part upon information contained in a consumer report, the FCRA requires the employer to make certain notifications to the applicant or employee.

For employment purposes, an "adverse action" means either: 1) a denial of employment; or 2) any other decision for employment purposes that adversely affects any current or prospective employee. The FCRA requires an employer to provide a copy of the consumer report to the applicant or employee and provide the applicant or employee with a copy of his/her rights under the FCRA (the "Summary of Rights Under the FCRA") before taking adverse action based upon information contained in the consumer report.

After the employer takes adverse action, the employer must provide the applicant or employee with notice of the following:

  • The name, address, and telephone number of the consumer reporting agency issuing the report
  • A statement that the consumer reporting agency did not make the adverse decision and is not able to explain why the adverse decision was made
  • A statement regarding the applicant or employee's right to obtain a free disclosure of the applicant or employee's file from the agency if the applicant or employee requests the report within 60 days of notice of the adverse action
  • A statement regarding the applicant or employee's right to dispute directly with the consumer reporting agency the accuracy or completeness of any information provided by the agency.

Penalties for Non-Compliance FCRA
Employers "negligent in failing to comply" with FCRA requirements are liable to an applicant or employee for actual damages, costs of a suit, and attorney's fees. In addition, an employer's "willful non-compliance," may result in punitive damages. Criminal penalties also may be imposed if a person obtains a credit report under false pretenses.

California

In addition to the FCRA, Info Cubic can make sure you stay in compliance with the following California laws:

Consumer Credit Law Compliance
Info Cubic maintains strict compliance with the California Consumer Credit Law (Speier Act), which restricts the reporting of age, marital status, race, color or creed on employment reports for consumers that have a current California address.

California Legislator's AB655
On January 1, 2002 the California Legislature's AB655 became effective, amending both the California Consumer Reporting Agencies Act and Investigative Consumer Reporting Agencies Act ("ICRA"). This bill changed a number of provisions affecting the provision of Investigative Consumer Reports for employment purposes.

Info Cubic 9250 E. Costilla Ave., Suite 525, Greenwood Village, CO 80112
Toll-free: (877) 360-4636
Phone: (303) 220-0170
Fax: (303) 220-0171
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Pre Employment Screening Company