The Fair Credit Reporting Act (FCRA) governs the activities of consumer credit reporting agencies, as well as the users of the information procured from these agencies. A consumer report contains information on a consumer’s (job applicant’s) character, reputation, and other personal data. These reports are procured by employers to screen job applicants.
Among other things, the FCRA prohibits Users (Employers) from obtaining consumer reports unless the Employer discloses to the applicant, in writing, (Authorization to Release Information) that such a report may be acquired. This Release must also state that if the employer denies employment, based on information from a BCP report, the applicant may make written inquiry requesting a disclosure of the nature and scope of the investigation.
If an applicant makes such a request, BCP will supply a complete and accurate disclosure of the nature and scope of the investigation within five days of the request. BCP will reinvestigate any item the applicant holds to be incorrect at no additional charge and, if necessary, supply a corrected report to the original requester. BCP keeps copies of each investigation for a period of not less than two years.
According to the FCRA guidelines there is no limitation as to the length of time investigated in an applicant’s past unless the applicant earns less than $75,000 a year. These reports can only contain adverse information.
If a consumer reporting agency or user of such information willfully fails to comply with any FCRA requirements, the Consumer Reporting Agency and its agents are responsible to the subject of the report. BCP complies with all the regulations set forth by the FCRA. Because we process hundreds of reports each day we help you stay in compliance with the applicable laws. (BCP has not had a report challenged.) e information for the past seven years.
In addition, any individual who knowingly and willfully obtains information from a consumer reporting agency under false pretenses will be fined not more than $5,000 and imprisoned not more than one year or both.
BCP complies with and supports all provisions of the Fair Credit Reporting Act (FCRA). We urge all employers to review its restrictions and requirements. The Act’s citation is Public Law 91-508, Title 15, U.S.C. Sections 1681, et seq. Please note, particularly, the Permissible Purposes of Reports, as well as requirements on Users of Consumer Reports and Obtaining Information Under False Pretenses.