Under the Fair Credit Reporting Act, a person may not procure or cause to be prepared an investigative consumer report on any consumer unless: (1) it is clearly and accurately disclosed to the consumer that an investigative consumer report, including information as to character, general reputation, personal characteristics, and mode of living, whichever is or are applicable, may be made, and such disclosure: (a) is made in a writing mailed, or otherwise delivered, to the consumer not later than three days after the date on which the report was first requested; and (b) includes a statement informing the consumer of the right to request additional disclosures from the person requesting the report and the written summary of rights of the consumer prepared pursuant to ?§ 1681g(c) of the Act; and (2) the person certifies or has certified to the consumer reporting agency that the person has made the proper disclosures to the consumer as required under the Act.
Oregon's law requires employers to provide a "Disclosure That Investigative Consumer Report May Be Made" to individuals in certain situations relating to employment. This disclosure is designed to inform the individual that the employer may request an investigative consumer report about them for employment purposes. Here is a detailed description of what this disclosure means and how it is used in different scenarios: 1. Oregon Disclosure That Investigative Consumer Report May Be Made: This is a legal requirement in Oregon that aims to protect the rights and privacy of individuals in the context of employment. When an employer is considering hiring or promoting someone, they may want to gather more information about the potential employee's background beyond the typical employment application. In such cases, the employer may decide to conduct an investigation into the individual's consumer history, including their creditworthiness, criminal records, employment history, educational records, or other relevant information. The "Disclosure That Investigative Consumer Report May Be Made" informs the individual that the employer may conduct this investigation and obtain a comprehensive report about them. It is important to note that this report is only obtained with the individual's written consent, as required by federal and state laws, including the Fair Credit Reporting Act (FCRA) and the Oregon Revised Statutes. 2. Employment Application Stage: Many employers provide this "Disclosure That Investigative Consumer Report May Be Made" when an individual applies for a job. It is typically included as a separate document within the job application packet or as a standalone form. By providing this disclosure upfront, employers ensure transparency and allow potential employees to make informed decisions about authorizing a background check or investigation. 3. Promotions and Reassignments: In some cases, an employer might also require the "Disclosure That Investigative Consumer Report May Be Made" when an existing employee is being considered for a promotion or transfer to a different position within the company. This ensures that the employer has comprehensive information about the candidate's background before making any final decisions. 4. Tenant Screening: Apart from employment, this disclosure may also be relevant in rental or leasing contexts. Landlords or property management companies in Oregon may choose to conduct investigative consumer reports to evaluate potential tenants' suitability. They must also provide the "Disclosure That Investigative Consumer Report May Be Made" to the rental applicants, seeking their authorization for the background check. In conclusion, the "Disclosure That Investigative Consumer Report May Be Made" is a crucial document in Oregon that employers and landlords rely on to inform individuals about potential investigations into their consumer history. It helps maintain transparency, obtain consent, and adhere to legal requirements associated with background checks.
