Employer obligations
- Provide a clear, standalone disclosure that a consumer report may be obtained.
- Obtain written authorization from the candidate before ordering.
- Certify to the screening company that the report will be used for a permissible purpose and in compliance with equal opportunity law.
- Provide the pre-adverse action notice with the report and Summary of Rights.
- Provide the final adverse action notice with dispute rights.
- Dispose of consumer report information securely.
Candidate rights
- The right to know a report was obtained and to receive a copy on request.
- The right to dispute inaccurate information, with reinvestigation generally required within 30 days.
- The right to have corrected reports sent to anyone who received the inaccurate version.
State laws add requirements on top of the FCRA. Programs operating in multiple states should treat the FCRA as the floor, not the standard.
Frequently asked
What are the penalties for non-compliance?
Statutory damages per violation plus attorney fees, and class actions are common because template errors affect every candidate the same way.
Can consent be included in the job application?
No. The disclosure must be a standalone document.