Compliance / Forms

Fair Credit Reporting Act Compliance

Checklist for a Compliant Screening Process

Data Facts, Inc. makes it easy to be compliant with the Fair Credit Reporting Act (FCRA). Simply follow the steps listed below.

Users of Consumer Reports (Non-Investigative) Must:

Have the applicant sign a Release Authorization separate from the application before requesting the report.
If Adverse Action is being taken then provide the consumer with the Notice of Intent to Take Adverse Action form, a copy of the “Summary of your Rights under the FCRA” and a copy of the Consumer Report.
After Adverse Action, send the consumer the Final Notice of Adverse Action Letter.

If a consumer requests a copy of the report from Data Facts, then within 3 business days of receiving the request, with proper ID, DF must send a copy of the report to the consumer. The consumer has the right to request another free report within 60 days of the adverse action letter.

Users of Investigative (Includes information obtained through personal interviews) Consumer Reports must:

Have the applicant sign a Release Authorization separate from the application before requesting a report.
Provide the applicant with a copy of the “Summary of Your Rights Under the FCRA”. This is a federally required document that explains what course of action applicants can take if they wish to dispute the findings of a background check or consumer report.
If Adverse Action is being taken then provide the consumer with the Notice of Intent to Take Adverse Action form, a copy of the “Summary of your Rights under the FCRA” and a copy of the Consumer Report.
After Adverse Action, send the consumer the Final Notice of Adverse Action Letter.

1. Release Authorization Form

This form gives courts, schools and other government agencies the applicant’s legal permission to provide background information for employment purposes. Have your applicant complete and return this form as part of your application process.

Release Authorization (Espanol Release Authorization)

Release Authorization (CA/MN/OK) (Espanol Release for CA/MN/OK)

Release Authorization - Drug Screen (Espanol - Drug)

Release Authorization - Drug Screen (CA/MN/OK) (Espanol -Drug CA/MN/OK)

2. Summary of Applicant Rights under the FCRA
You will need to give your applicant a copy of the "Summary of your rights under the FCRA." This is a federally required document that explains what course of action applicants can take if they wish to dispute the findings of a background check or consumer report.

Summary of your rights under the FCRA

3. Adverse Action

If you decide not to hire an applicant based in whole, or in part, of his/her background screening results, employers are required to complete a process known as Adverse Action.

Notice of Intent to Take Adverse Action
Final Notice of Adverse Action

4. CA - Applicant Form

CA Applicant Form
CA Applicant Form - Espanol

Click below to learn more about FCRA compliance and definitions:

Using Consumer Reports: What Employers Need to Know

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