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FCRA Guidelines

The Fair Credit Reporting Act (FCRA) was amended effective September 30, 1997. The FCRA is designed to promote accuracy, fairness, and privacy of information in the files of every consumer reporting agency (CRA). 

You can find the complete text of the FCRA, 15 U.S.C. 1681-1681u, at the Federal Trade Commissions web site (www.ftc.gov). The FCRA gives you specific rights, as outlined below. 

In addition to the FCRA being a legal document, which in itself makes it open to interpretation, many definitions and requirements of the act are contradictory and go against what many consider good business practice by overprotecting the guilty and under protecting good employers that are just doing their best to maintain a safe work environment. Please consult your own legal counsel for their interpretation as it pertains to your business.

The major changes and how they affect your current hiring practices are as follows:

  1. Before requesting any background verification information for employment purposes you must:

    a) Disclose that a report will be ordered, on a document that consists solely of this disclosure. 

    b) You must obtain written consent from the applicant.

  2. If your application form currently includes your release, this may be satisfactory. The Act calls for a separate document that consists solely of the disclosure that the reports may be procured . See {604(b)(2)(A)} or contact us at  INTELLICHOICE

  3. If the applicant will earn $75,000 or more per year, there are no restrictions on the number of years of information that can be reported. If less than this amount, the amount of information is limited to seven (7) years. 

  4. Before you take adverse action based in whole or in part on the information you receive, you must:

    a) notify the applicant of the adverse action, orally, in writing or electronically.

    b) provide the reports to the applicant.

    c) advise the applicant of their rights. Summary of Rights.

    d) advise them of the consumer reporting agency that provided the adverse information.

INTELLICHOICE is a registered trademark of INTELLICHOICE, INC.

Personal information submitted to INTELLICHOICE is used for identification purposes only and is not sold, loaned or provided to any other agency or source which is not directly involved in your transaction.