Federal Fair Credit Reporting Act (FCRA)

 
 

 

The Federal Fair Credit Reporting Act (FCRA) is designed to protect individuals by promoting accuracy, fairness, and privacy of information in the files of every Consumer Reporting Agency (CRA). BlackWhole Solutions and its affiliates operate in full compliance with the (FCRA)

 

The FCRA is designed primarily to protect the privacy of consumer report information and to guarantee that the information supplied by consumer reporting agencies is as accurate as possible. Amendments to the FCRA — which went into effect September 30, 1997 — significantly increase the legal obligations of employers who use consumer reports. Congress expanded employer responsibilities because of concern that inaccurate or incomplete consumer reports could cause applicants to be denied jobs or cause employees to be denied promotions unjustly. The amendments ensure:

 

(1) that individuals are aware that consumer reports may be used for employment purposes and agree to such use, and

 

(2) that individuals are notified promptly if information in a consumer report may result in a negative employment decision.

 

Before you can get a consumer report for employment purposes, you must notify the individual in writing — in a document consisting solely of this notice — that a report may be used. You also must get the person's written authorization before you ask a CRA for the report.

 

Before giving you an individual's consumer report, the CRA will require you to certify that you are in compliance with the FCRA and that you will not misuse any information in the report in violation of federal or state equal employment opportunity laws or regulations.

 

Note! There are legal consequences for employers who fail to get an applicant’s permission before requesting a consumer report or who fail to provide pre-adverse action disclosures and adverse action notices to unsuccessful job applicants. The FCRA allows individuals to sue employers for damages in federal court. A person who successfully sues is entitled to recover court costs and reasonable legal fees. The law also allows individuals to seek punitive damages for deliberate violations. In addition, the Federal Trade Commission, other federal agencies, and the states may sue employers for noncompliance and obtain civil penalties.

 

 

The following is a list of unacceptable uses for our services, products or information. Our services MAY NOT be used:

 

To locate suspects in a criminal or civil lawsuit in order to develop a news story.

To track down victims of fraud, their family members or friends to develop a news story.

To locate lost loves, friends, family members or for personal reasons (dating, etc.)

• For purposes that may cause physical or emotional harm to the subject of the report (e.g. stalking, harassing, etc.)

To search for individuals involved in an adoption (children, parents, siblings, etc.)

To locate personal information on well known/high profile celebrities, government officials, etc.

• In connection with credit repair services, to locate previous debtors or to assist in the determination of whether or not to file a personal lawsuit or judgment against the subject of the report.

To access individual reference data on ones self or out of personal curiosity.

• By Professional and Commercial users for purposes that are not within their normal course of business (e.g. A collection agency may NOT use our services/products to locate a witness to a crime)



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