Part 6: Section § 610. Condition and Form of Disclosure
Part six of our ten-part series on the FCRA includes a discussion of condition and form of disclosure. If this is your first time viewing this series you may want to read the previous entries:
Intro to Understanding the FCRA and Background Screening Laws & Regulations
Part 1: Section § 604. Permissible purposes of consumer reports
Part 2: Section § 605. Requirements relating to information contained in consumer reports
Part 3: Section § 606. Disclosure of investigative consumer reports
Part 4: Section § 607. Compliance Procedures
Part 5: Section § 609. Condition and Form of Disclosure
Section § 610 of the FCRA deals with the approved methods used to provide disclosure to applicants (consumers). Typically, a consumer report is provided in writing; however, there are permissible alternatives if authorized by the applicant.
Section § 610. Condition and Form of Disclosure
Proper Identification – A Consumer Reporting Agency (such as Justifacts) shall require, as a condition of making the disclosures required under section 609, that the consumer furnish proper identification.
Other Forms of Disclosure – If authorized by a consumer, a consumer reporting agency may make the disclosures required under section 609 in such a form as may be specified by the consumer and available from the agency
Form – A consumer may specify that disclosures under Section 609 be made:
1. In person, a consumer appear in person at the place of business of a consumer reporting agency where disclosures are regularly provided, during normal business hours, and on reasonable notice;
2. By telephone, if the consumer has made a written request for disclosure by telephone;
3. By electronic means, if available from the agency; or
4. By any other reasonable means that is available from the agency.
Trained Personnel – Any consumer reporting agency will provide trained personnel to explain to the consumer any information furnished to him/her pursuant to section 609.
Person Accompanying Consumer – The consumer is permitted to be accompanied by one other person of his/her choosing, who shall furnish reasonable identification. A consumer reporting agency may require the consumer to furnish a written statement granting permission to the consumer reporting agency to discuss the consumer’s file in this person’s presence.
Justifacts provides all applicants with a copy of their report upon request – this can be done online from our website or by contacting the Justifacts Compliance Department.
In Conclusion
Although most consumer reports are provided in writing, the FCRA does allow some flexibility in regards to the delivery of consumer reports. Please feel free to contact Justifacts to determine which delivery method works best for your situation.
Next: Part 7: Section § 611. Procedure in Case of Disputed Accuracy
It is important to note that Justifacts is providing this information as a service to our clients. None of the information contained herein should be construed as legal advice, nor is Justifacts engaged to provide legal advice. We go to great lengths to make sure our information is accurate and useful. We recommend you consult your attorney or legal department if you want assurance that our information, and your interpretation of it, is appropriate to your particular situation.
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