Part 8: Section § 612. Charges for Certain Disclosures
Part eight of our ten-part series on the FCRA includes an explanation of charges for certain disclosures. 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
Part 6: Section § 610. Condition and Form of Disclosure
Part 7: Section § 611. Procedure in Case of Disputed Accuracy
As we have previously discussed, consumers or applicants are entitled to receive a copy of their file. Section 612 of the FCRA discusses if/when it is appropriate to charge a consumer for his/her file.
Section § 612. Charges for Certain Disclosures
Free disclosure after adverse notice to consumers
Each consumer reporting agency that maintains a file on a consumer shall make all disclosure without charge to the consumer, if, not later than 60 days after receipt by such a consumer of a notification of either pre-adverse or adverse action from an employer, the consumer requests a copy of his/her report.
Free disclosure under certain other circumstances
Upon the request of the consumer, a consumer reporting agency (such as Justifacts) shall make all disclosures once during any 12-month period without charge to the consumer if the consumer certifies in writing that the consumer:
1. Is unemployed and intends to apply for employment in the 60-day period beginning on the date on which the certification is made; or
2. Is a recipient of public welfare; or
3. Has reason to believe that the file on the consumer at the agency contains inaccurate information due to a fraud.
Reasonable Charges Allowed for Certain Disclosures
In the case of a request from a consumer other than a request that is considered above, a consumer reporting agency may impose a reasonable charge on a consumer for making a disclosure to the consumer. This charge must indicate this to the consumer before making the disclosure. The Federal Trade Commission set the maximum charge at $11.00, effective January 1, 2011.
In Conclusion
Under the above-mentioned circumstances, applicants can request a copy of their file, free of charge, once in a 12-month period. Organizations can charge a fee of $11.00 or less if the conditions of the free disclosure have not been met.
Next: Part 9: Section § 613. Public Record Information for Employment Purposes
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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