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FCRA Information : Overview

Fair Credit Reporting Act

As an employer, you may use consumer reports when you hire new employees and when you evaluate current employees for promotion, reassignment or retention.  All reports purchased from a Consumer Reporting Agency (CRA) are defined as consumer reports – not just credit reports.  The Fair Credit Reporting Act (FCRA) governs usage of all employment background screening information that you receive from a CRA, such as TriCor Employment Screening

The FCRA is designed primarily to protect the privacy of consumer report information and to guarantee that the information supplied by the CRA is as accurate as possible.

To ensure compliance with the FCRA, several steps must be followed by the employer.

  1. Prior to requesting a consumer report from a CRA, you must have written authorization from the individual informing them that a consumer report may be obtained for employment purposes.
  2. If adverse action is anticipated, a Pre-adverse action letter should be given to the applicant along with a copy of the consumer report and summary of rights.
  3. If adverse action is taken based ‘in whole or in part’? on information in the consumer report, the consumer must be supplied with the following.
    1. A copy of the consumer report.
    2. A written summary of rights
    3. Adverse action letter

This information is TriCor’s interpretation of the FCRA. It is not intended to be legal advice. Please consult with your legal counsel for more information and their interpretation of the FCRA.


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