The pre-adverse notification is important for two reasons. The first is that it is required by the Fair Credit Reporting Act. The FCRA, 15 U.S.C. §1681b(b)(3)(A), requires that before taking any adverse action based in whole or in part on a consumer report used for employment purposes, the person intending to take such adverse action […]

Our opinion is people “typically” won’t change their behavior. The vast majority will behave for your firm as they have behaved in the past. People who falsify your employment applicant will most likely falsify company documents later. People who have exhibited unacceptable past behavior will likely continue that dangerous behavior in your employ. And people […]

Is your consumer reporting agency following the 7-year rule in reporting information on reports on individuals? There is confusion about what can be included. In a prior blog post  we commented on the misunderstanding many have regarding criminal convictions. Many think that criminal convictions more than 7 years old cannot be reported. That is not […]

Just be honest with applicants. The Fair Credit Reporting Act (FCRA) states that when you use information in a background investigation that, in whole or in part, causes you to make an adverse employment decision you must follow the Pre-Adverse notification steps. You as the prospective employer are required to send a Pre-Adverse Action Letter […]

FCRA notifications are important because non-compliance can cost money – lots of money. In this case the Defendant agreed to establishing a fund of $2.5 million. Each claimant can receive up to $75. This company pays the price of non-compliance with some basic requirements of the Fair Credit Reporting Act. Top Class Actions Website reports […]