Part 5: Section § 609. Disclosures to Consumers
Part five of our ten-part series on the FCRA includes a discussion of the disclosures to consumers. If this is your first time viewing this series you may want to read the previous entries:
Introduction 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
Section 609 details what information must be disclosed to an applicant if he/she requests it.
Section § 609. Disclosures to Consumers
Information on File – Every CRA (Consumer Reporting Agency) shall, upon request, and subject to 610, clearly and accurately disclose to the applicant:
1. All information in the applicant’s file at the time of the request, except that- if the applicant to whom the file relates requests that the first 5 digits of the social security number (or similar identification number) of the applicant not be included in the disclosure and the CRA has received appropriate proof of the identity of the requester, the CRA shall so truncate the social security number in such disclosure; and
2. The sources of information; except that the sources of information acquired solely for use in preparing an investigative consumer report and actually use for no other purpose need not be disclosed. However, in the event of a lawsuit, the sources must be made available to the plaintiff under appropriate discovery procedures in the court in which the action is brought.
3. Identification of each person that procured a background check for employment purposes, during the 2-year period preceding the date on which the request is made.
Summary of Rights – A CRA shall provide to an applicant, with each written disclosure by the agency to the applicant under this section-
1. The summary of rights prepared by the Bureau;
2. A list of all Federal agencies responsible for enforcing any provision of this title, and the address and any appropriate phone number of each such agency, in a form that will assist the applicant in selecting the appropriate agency;
3. A statement that the applicant may have additional rights under State law, and that the applicant may wish to contact a State or local consumer protection agency or State attorney general (or the equivalent thereof) to learn of those rights;
4. A statement that a CRA is not required to remove accurate, derogatory information from the file of an applicant unless the information is outdated under section 605 (Part 2 of our series) or cannot be verified.
In Conclusion
In the event that applicants requests to see their background check, they have a right to see, with some exceptions, all the information in their file. Applicants also have a right to know who and why the information was requested on them. Furthermore, applicants must be provided with a summary of their rights, under the FCRA, during the application process.
Next: Part 6: Section § 610. Conditions and Form of Disclosure to Consumers
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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