The Fair Credit Reporting Act (FCRA) governs the
activities of consumer credit reporting agencies, as
well as the users of the information procured from
these agencies. A consumer report by a background check
company contains information on a consumer's
(job applicant's) character, reputation, and other
personal data. These reports are procured by employers
to screen job applicants.
Among other things, the
FCRA prohibits Users (Employers) from obtaining
consumer reports unless the Employer discloses
to the applicant, in writing, (Authorization to
Release Information) that such a report may be
acquired. This Release must be also state that
if the employer denies employment, based on information
from a background check report, the applicant may make written
inquiry requesting a disclosure of the nature
and scope of the investigation. BCI will provide
a form which meets your requirements and the requirements
of all applicable laws.
If an applicant makes
such a request, BCI will supply a
complete and accurate disclosure of the nature
and scope of the background check within five days of the request.
BCI will reinvestigate any item the applicant
holds to be incorrect at no additional charge
and, if necessary, supply a corrected report to
the original requester. BCI keeps copies
of each investigation for a period of not less
than two years.
See our
guarantee.
According to FCRA guidelines
there is no limitation as to the length of time
investigated in an applicant's past unless the
applicant earns less than $75,000 a year. These
reports can only contains adverse information
for the past seven years.
If a consumer reporting
agency or user of such information willfully
fails to comply with any FCRA requirements, the
Consumer Reporting Agency and its agents are responsible
to the subject of the report. BCI complies
with all the regulations set forth by the FCRA.
Because we process hundreds of reports each day
we help you stay in compliance with the applicable
laws. (BCI has not had a report challenged
since May of 1995 when Los Angeles Superior
Court sent us incorrect records on the bloody
glove day of the O.J. Simpson trial.)
In addition, any individual
who knowingly and willfully obtains information
from a consumer reporting agency under false pretenses
will be fined not more than $5,000 and imprisoned
not more than one year or both.
BCI complies
with and supports all provisions of the Fair Credit
Reporting Act (FCRA). We urge all employers
to review its restrictions and requirements. The
Act's citation is Public Law 91-508, Title 15,
U.S.C. Sections 1681, et seq. Please note, particularly,
the Permissible Purposes of Reports, as well as
requirements on Users of Consumer Reports and
Obtaining Information Under False Pretenses.
©2008
Background Check International
