Laws You Must Abide By For Background Screening

Making sure everyone stays within the legal limits of how they utilize services is crucial.  With each investigation we conduct, we ensure to the best of our ability that a client is both aware of the law and abides by it.   The information you are able to find out about an applicant and how you handle this information is mandated by the Fair Credit Reporting Act or FCRA.  It is crucial that both employers and the applicant are aware of their rights in order to reduce liability on both ends.  

Below are a list of a summary of your rights as per Equifax website linked above.

  • Consumer reporting agencies must provide you the information in your file if you request it and provide the agency with proper identification.
  • Limit access to your information. A consumer reporting agency may not provide your credit report to any party that lacks a permissible purpose, such as the evaluation of an application for a loan, credit, service, or employment. Permissible purposes also include several business and legal uses.
  • Get your consent before providing your information to an employer. A consumer reporting agency may not provide your credit information to an employer or potential employer unless you first give that employer written permission to request your credit report. (Before we conduct an investigation that requires the disclosure of credit headers, we require signatures of both employer and applicant on our form that allows this investigation to go further.)
  • Investigate disputed information. If you tell a consumer reporting agency that your file contains inaccurate information, the agency must promptly investigate the matter with the source that provided the information. If the investigation fails to resolve the dispute, you may add a statement to your credit file explaining the matter. 
  • Correct or delete inaccurate information. A consumer reporting agency must correct or, as the case may be, delete from your credit file the information that is found to be inaccurate or can no longer be verified. The consumer reporting agency is not required to remove accurate data from your file unless it is outdated.

  • Delete outdated information. In general, negative information that is more than 7 years old (10 years for bankruptcies) must be removed from your file.

  • Remove your name from marketing lists upon request. Consumer reporting agencies can provide lists of consumer names and addresses whose credit information matches the requirements of creditors and insurers for making firm offers of credit or insurance to the consumers on the list. However, you can request that the three nationwide consumer reporting agencies not share your information with creditors and insurers for these purposes by calling 1-888-5-OPT OUT.