Part 3: Section § 606. Disclosure of Investigative Consumer Reports
Part three of our ten-part series on the FCRA includes a discussion of the regulations regarding 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
Section § 606. Disclosure of investigative consumer reports
An employer may not procure or cause to be prepared an investigative consumer report on any consumer or applicant unless:
1. It is clearly and accurately disclosed to the consumer that an investigative consumer report (background check) including information to his character, general reputation, personal characteristics, and mode of living, whichever are applicable, may be made.
A. This disclosure must be made in writing. It must be mailed or otherwise delivered to the consumer, not later than three days after the date on which the report was first requested.
B. The disclosure must include a statement informing the consumer of his right to request the additional disclosures provided for under subsection 2 of this section and the written summary of the rights of the consumer prepared according to section 609 (see Part 6 of this series)
C. The person (employer) certifies or has certified to the consumer reporting agency (Justifacts) that:
1. The person (employer) has made the disclosures to the consumer required by paragraph 1
2. The person (employer) will comply with paragraph 2.
2. Disclosure on request of nature and scope of investigation –
If a consumer submits a written request within a reasonable period of time after receipt of the above-mentioned disclosure; they have the right to receive, in writing, a disclosure that explains the nature and scope of the investigation requested. This disclosure must be mailed or otherwise delivered to the consumer within five days of the request from the consumer or such report was first requested, whichever is the later.
3. Prohibitions
a. Certification- A consumer reporting agency cannot prepare or furnish an investigative consumer report unless the agency has received a certification from the person (employer) who requested the report.
b. Inquiries- A consumer reporting agency cannot make any inquiries in the preparation of an investigative consumer report that would violate applicable Federal or State equal employment opportunity law or regulation.
c. Certain public information- Except as otherwise provided in section 613, a consumer reporting agency cannot furnish an investigative consumer report that includes information that is a matter of public record and relates to an arrest, indictment, conviction, civil judicial action, tax lien, or outstanding judgment, unless the agency has verified the accuracy of the information during the 30-day period ending on the date on which the report is furnished.
d. Certain adverse information- A consumer reporting agency shall not prepare or furnish an investigative consumer report on a consumer that contains negative information that is adverse to the interest of the consumer and that is obtained through a personal interview with a neighbor, friend, or associate of the consumer or with another person with whom the consumer is acquainted unless:
1. The agency has followed reasonable procedures to obtain confirmation of the information from an additional source; or
2. The person interviewed is the best possible source of the information.
In Conclusion
An applicant has the right to know that a background check is being performed on him/her. Furthermore, individual applicants may request to know what the scope of that investigation is. A background check company, such as Justifacts, may not begin conducting a background check on any applicant until we have received certification from our clients that the proper disclosures have been made.
Next: Part 4: Section§ 607. Compliance Procedures
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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