Be Sure That You Use a Vendor That
Fully Complies With The FCRA
To protect yourself, you must perform background checks on prospective
employees. However, it is easy to slip up when complying with the
amended FCRA requirements. You need to have a vendor whose procedures
will help you comply with the law.
However, you must first avoid vendors that want to sell you stored data
from databases that they have compiled or purchased. The FCRA
opinion letter of 5/5/99 says that "an employment screening service that
uses 'stored data' does NOT comply with Section 613 Subsection (2)".
See the FCRA LETTER.
Your vendor must require you to certify that your purpose for requesting
consumer reports is a "Permissible Purpose".
Your vendor should have procedures that help make sure that you have given
a compliant Disclosure to each consumer (candidate) on whom a report is to
be requested.
Likewise, your vendor should have procedures that help make sure that
you have gotten a compliant Release that authorizes you to request consumer
reports.
And, your vendor should have procedures that help make sure that your reports
will only be used for the intended purposes.
Finally, your vendor must realize that he must comply with requests for reports
in response to any Adverse Action letters.
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