Oregon Disclosure and Consent for a Consumer Investigative Report and Release Authorization
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FAQ
While the Fair Credit Reporting Act (FCRA) requires that a disclosure of rights be provided in a separate document, it may include lines for signature and date, and be part of an application packet, the 9th U.S. Circuit Court of Appeals ruled.
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.
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.
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.
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.
Section 1681a of the Fair Credit Reporting Act defines an investigative consumer report as a consumer report or portion thereof in which information on a consumer's character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or
What is a Consumer Report? A consumer report contains information about your personal and credit characteristics, character, general reputation, and lifestyle. To be covered by the FCRA, a report must be prepared by a consumer reporting agency (CRA), a business that assembles such reports for other businesses.
S. (a) Every consumer reporting agency shall, upon request and proper identification of any consumer, clearly and accurately disclose to the consumer: (1) The nature and substance of all information (except medical information) in its files on the consumer at the time of the request.
Specifically, the FCRA requires that you must provide a clear and conspicuous written notice that consists solely of the disclosure. In other words, the disclosure must be (1) clear and conspicuous; and (2) exist as a standalone document.
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.