Background Analysis supplies a wide variety of information services ideal to fulfill many needs. From checking on the next door neighbor to researching yourself to see if there is something to give consideration to. Our background check data source are known leaders for public information, criminal assessments, telephone and street address records, social media details, plus more. The objective is to enable the every day man or woman with the knowledge they need to help to make fast & educated conclusions.
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The FCRA applies anytime an employer obtains a background check for employment purposes from a third party. These reports could include criminal history, employment and education verifications, motor vehicle reports, health care sanctions and professional licenses. It is important to note that while the word “credit” appears in the name of the law, it applies to background reports regardless of whether or not the report includes credit information.
https://www.ebiinc.com/resources/blog/fcra-compliance
Inaccurate negative consumer report information harms both consumers and the businesses that rely on such data. For example, if a landlord receives a background tenant screening report from a CRA that contains negative information which is used in whole or in part to decide not to rent property to an individual, the landlord is unable to rent the property and must provide that individual with an adverse action notice. The landlord is harmed because if the information was accurate, the property would be rented. The individual is harmed because they must dispute the inaccurate negative information with the tenant screening company in order to clear their name. It is a good idea, when using specialty CRAs to ask about their track record with consumer disputes. If there are a lot of disputes, that could be a sign that the CRA is not complying with the FCRA’s requirement to take reasonable steps to ensure the accuracy of their reports
Recently, there have been increased enforcement actions, scrutiny and lawsuits brought by the Equal Employment Opportunity Commission (EEOC) challenging the use of credit and criminal history background checks. In addition, there has been an increase in lawsuits surrounding the Fair Credit Reporting Act (FCRA), including costly challenges related to obtaining proper consent to conduct such checks. There have also been "ban the box" initiatives at the state level that restrict whether an employer can ask about prior convictions. And, some states and municipalities even restrict an employer's use of credit reports. With so many rules and regulations, in addition to recent changes to the FCRA, here is some guidance on how to interpret it all. Changes to the Fair Credit Reporting Act The FCRA requires employers and consumer reporting agencies to provide additional information and disclosures to job applicants and employees prior to obtaining a consumer report, which includes credit reports and background checks, for employment purposes. Employers are also required to provide additional disclosures to applicants and employees both before and after taking any adverse action based, in whole or in part, on the information contained in this report.
Consumer reporting agencies (CRAs) often make errors with the consumer information they maintain and share with users. If the CRA is to blame for the errors, it may be liable for damages. There are two measures of unlawful conduct for CRAs: a negligent failure, and worse, a willful failure to comply with the Fair Credit Reporting Act (FCRA). Punitive damages are awarded to punish, and deter future conduct Under a negligent failure, a CRA is liable to a consumer for the consumer’s actual damages. But “willful” noncompliance will subject the agency to punitive damages. Under the FCRA, punitive damages are intended to deter conduct and punish the bad actor in hopes of preventing that conduct in the future.
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