Fair Credit Reporting Act
Pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act, the Federal Trade Commission no longer has authority over the Fair Credit Reporting Act ("FCRA"). The Consumer Financial Protection Bureau (the "Bureau") now has the rulemaking and enforcement powers over the FCRA.
Pursuant to the FCRA, employers who use third parties to conduct certain background checks on employees and applicants are required to provide certain notices to the employee prior to the background check, and again if an adverse employment decision is made based on the information obtained. The Bureau has issued updated notices that employers and consumer reporting agencies must use, beginning January 1, 2013, when conducting background checks on employees or applicants. The new forms are substantially similar to the old forms, but include revised references to the Bureau and its website. The new forms are available below.
Now would be a good time for employers who conduct third-party background checks on applicants and/or employees for employment purposes to review their processes to ensure compliance with the FCRA notice and consent requirements.
If you have questions or would like to discuss any of the above, or need assistance in reviewing current policies or procedures, please contact a member of our Employment, Labor and Benefits Practice Group.
New forms issued by the Consumer Financial Protection Bureau: