FCRA Employment Screening & Background Checks Flashcards

Which FCRA provision requires employers to certify to the CRA the specific permissible purpose for which they are ordering a consumer report?

Answer: §604(b) employer certification

FCRA §604(b) requires employers to certify to CRAs the permissible purpose (employment) and that they will comply with all adverse action requirements.

After an employer sends the final adverse action notice, which pieces of information must it include under the FCRA?

Answer: Name/address/phone of the CRA, statement that CRA did not make the decision, and notice of the right to dispute

The final adverse action notice must identify the CRA, clarify the CRA did not make the hiring decision, and inform the consumer of the right to dispute inaccurate information.

Under the FCRA, which salary threshold historically exempted certain executive-level positions from the 7-year reporting limitation for adverse information?

Answer: Annual salary reasonably expected to exceed $75,000

FCRA §605(b) exempts jobs with an annual salary reasonably expected to exceed $75,000 from the 7-year limitation on reporting most adverse items.

A consumer disputes the accuracy of information in a background check after being denied a job. Which entity bears primary responsibility for reinvestigating the disputed item?

Answer: The CRA that issued the report

Under FCRA §611, the CRA that produced the report is primarily responsible for reinvestigating consumer disputes within 30 days of receiving the dispute.

Which FCRA section specifically defines 'investigative consumer report' and distinguishes it from a standard consumer report?

Answer: §603(e)

FCRA §603(e) defines an investigative consumer report as one based in whole or part on personal interviews about the consumer's character, general reputation, or mode of living.

When a CRA provides an employment consumer report, it must maintain strict procedures to ensure maximum possible accuracy. Failure to do so exposes the CRA to liability under which FCRA section?

Answer: §607(b)

FCRA §607(b) imposes a duty on CRAs to follow reasonable procedures to assure maximum possible accuracy of information in consumer reports.