Michigan Disclosure and Consent for a Consumer Investigative Report and Release Authorization
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How to fill out Disclosure And Consent For A Consumer Investigative Report And Release Authorization?
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FAQ
A credit report is a specific type of consumer report used for lending, while the broader term "consumer report" could be used to describe things like your driving history or criminal record.
Unlike federal law, California law also requires new consent each time an investigative report is sought during employment if the report is for purposes other than suspicion of wrongdoing or misconduct. Employers must provide the applicant or employee with the opportunity to request a copy of the report.
A credit report will document which accounts are in good standing, if any debts are past due, and other information about your financial history. A credit report, however, is a type of consumer report. A consumer report is a broader report that contains personal identifying information beyond credit.
The applicant or employee must agree in writing to the release of the report to the employer. This written permission may be given on the notice itself.
Under the FCRA, a disclosure for employment screening purposes must (i) be clear and conspicuous, and (ii) in a document that consists solely of the disclosure. This second requirement is referred to as the standalone disclosure requirement.
Proper disclosure and authorization requires: A standalone disclosure (consisting only of the disclosure) informing the candidate that you will be running a background check. Non-standalone disclosures are an extremely common area of legal risk. State disclosures (if applicable).
Before requesting a consumer report (such as credit reports and background checks), employers now must: (1) make a clear and conspicuous disclosure in a separate document to the applicant or employee that a report may be requested; and (2) obtain written permission from the applicant or employee.
FCRA Authorization: Obtain Permission for a Background Check A compliant FCRA authorization form is an acknowledgement that a pre-employment background check will be conducted. It can be presented as a self-contained document or jointly with an FCRA disclosure form.
One important distinction to make is that investigative consumer reports will not include any information about your credit record obtained directly from a creditor or from you. An investigative consumer report cannot and will not be used as part of an application to grant credit.
Get written permission from the applicant or employee. This can be part of the document you use to notify the person that you will get a consumer report. If you want the authorization to allow you to get consumer reports throughout the person's employment, make sure you say so clearly and conspicuously.