Fair Credit Reporting Act Amendment

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Fair Credit Reporting Act Amendment

• PreScreen America Inc.

Consumer
Investigative Reports
2
Introduction

• Effective September 30, 1997, employers must
  provide a commitment to vendors
• they are using information for employment
  purposes
• they will comply with the FCRA (enforced by the
  FTC)
• they will not use the information in violation of
  any federal or state equal opportunity laws or
  regulations

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Employer Requirements

• Must provide a separate waiver from application
  stating a consumer report is being obtained for
  employment purposes
• Must provide a written summary of the applicants
  consumer rights

4
Employer Requirements

• If you intend to take any adverse action,
  (refusal to hire) based on information in the
  report, you must first
• notify the applicant of possible denial of
  employment
• provide the applicant a copy of the report
• provide a description in writing of the
  applicants rights

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Employer Requirements (cont)

• When adverse action is taken, you must provide
• notification of the action
• name, address, toll free number of the agency
  that provided the report
• statement that the agency reporting the
  information did not make the adverse decision and
  cannot provide the reason for the decision

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Employer Requirements (cont)

• Provide notice to the applicant of their right to
  obtain a free report within 60 days
• Notify the applicant of their right to dispute
  the accuracy of information with the consumer
  reporting agency

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Summary

• reports may not contain negative information that
  is over seven (7) years old, except relating to
  criminal convictions
• persons or companies obtaining a report without
  permission or failing to comply with the FCRA are
  liable for damages

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PSA Procedures

• In an effort to comply with the FCRA, PSA
• must have a waiver
• maintains all running notes in computer
• stays within timelines allowed by law
• has a three(3) criteria rule that applies
• all negative information reported asap

• providesletter to applicantfor employer
• dispute calls referred to admin. investigator
• access to our offices denied
• all requests in writing with proper
  identification
• maintenance of all files in computer database
  off-site

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PreScreen America Inc.

• innovative people solutions