Consumer reporting agencies, under 15 U.S.C.A. § 1681e, must require that prospective users of consumer reports:
identify themselves,
certify the purposes for which the information is sought, and
certify that the information will be used for no other purpose.
The Kentucky Prospective User's Certification of Purposes for Which Consumer Reports Will Be Used is a crucial document that outlines the specific reasons or intentions behind a consumer report request within the state of Kentucky. This certification ensures that consumer reports are obtained and used responsibly and lawfully, protecting the privacy and rights of individuals. The certification form typically consists of the following sections: 1. Applicant Information: This section collects personal details about the party requesting the consumer report, including their name, address, contact information, and the purpose for which the report is being sought. 2. Purpose of the Request: Here, the prospective user must clearly specify the exact purpose(s) for which the consumer report will be used. The Kentucky law recognizes various purposes for accessing consumer reports, including but not limited to: a. Employment Screening: When a consumer report is requested for evaluating an individual's suitability for employment, promotion, retention, or reassignment. This may encompass pre-employment background checks, credential verification, and character assessment. b. Housing Tenancy: When a consumer report is needed for screening potential tenants or lease applicants. Landlords or property management companies can access reports to assess creditworthiness, rental history, prior evictions, or criminal records. c. Credit Decisions: When a consumer report is required to evaluate an individual's credit worthiness for loan applications, credit card issuance, or other financial decisions. d. Insurance Underwriting: When a consumer report is used to assess an individual's insurability, risk factors, or eligibility for coverage. e. Professional Licensing: When a consumer report is utilized to evaluate an applicant's background, criminal record, or ethical standing as part of a licensing or certification process, such as for attorneys, healthcare professionals, or real estate agents. f. Legal Proceedings: When a consumer report is used as evidence or investigation material in legal proceedings. g. Other Permissible Purposes: Any additional valid purposes recognized under Kentucky law. 3. Certification and Acknowledgment: This section requires the prospective user's signature, affirming that the information provided is accurate and that they understand the legal responsibilities associated with obtaining and using consumer reports in compliance with applicable laws, such as the Fair Credit Reporting Act (FCRA) and Kentucky state regulations. It is important to note that while the aforementioned purposes are common, the Kentucky Prospective User's Certification may vary depending on the specific industry, organization, or context under which consumer reports are requested. Therefore, it is essential to refer to the most current and applicable certification form provided by the Kentucky state authorities or legal counsel to ensure compliance and accuracy.
