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An investigative consumer reporting agency may require the consumer to furnish a written statement granting permission to the consumer reporting agency to discuss the consumer's file in such person's presence.
California Civil Code Section 1786.2 defines an investigative consumer report as a consumer report in which information on a consumer's character, general reputation, personal characteristics, or mode of living is obtained through any means.
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.
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.
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.
The FCRA requires that before an employer pulls a consumer report for employment purposes that the employer give the applicant a clear and conspicuous disclosure that the employer may obtain such a report. The disclosure must be in a document that consists solely of the disclosure. 15 U.S.C. 1681b(b)(2)(A)(i).
As a rule of thumb, the distinction between the two types of investigations can be thought of as simply verifying the specific facts about education, employment or other information the applicant has provided to the employer ("consumer report") versus obtaining more general character or personal information through
A consumer disclosure is the long version of your credit report that contains all credit inquiries and suppressed information not found in your standard credit report, as well as the normal credit report records of balances, payment history, personal information, etc.
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.
Anytime an employer requests a consumer report on an applicant or employee, obligations under the FCRA are triggered. Consumer reports can include a broad range of categories, including driving records, criminal records, credit reports, and other reports from third parties, such as drug tests.