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ARTICLE · 06 MARCH 2013

New Year, New FCRA Forms

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A discussion on the Fair Credit Reporting Act employer compliance.

United StatesEmployment and HR

Do you use a third party service to conduct background checks on job applicants or employees?  If yes, then you should take note of new forms which employers are required to use for this purpose, effective January 1, 2013.  The new forms, which were originally issued last year, had to be revised due to errors, so you'll need to make sure you have the most recent, corrected versions of the forms.

By way of background, the Fair Credit Reporting Act ("FCRA") is a federal law that imposes requirements on employers who use third party Consumer Reporting Agencies ("CRA's) to obtain "consumer reports" (i.e., background checks, reference checks, credit checks) and investigative reports on job applicants or current employees.  The FCRA was previously administered by the Federal Trade Commission, but is now administered by the Consumer Financial Protection Bureau ("CFPB"), which issued the revised forms.  Employers should expect heightened scrutiny of FCRA compliance under

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