Fair Credit Reporting Act (15 U.S.C. s. 1681-1681x) (12 CFR Part 1022)

• Under the Fair Credit Reporting Act employees and prospective employees must be notified that an employer has or may order an investigative consumer report on the person's character, reputation, mode of living and personal characteristics. (15 U.S.C. s. 1681d)


• Applicants must also be advised that they have a right to request that the reporting agency provide them with the details of the report made. (15 U.S.C. s. 1681d)


• If an employer does order a report, the employer must advise the employee in writing no later than three days after the report is ordered. The employer must also provide a written statement that upon written request disclosure concerning the investigation will be supplied. (15 U.S.C. s. 1681d)


• If an employer rejects an applicant because of information secured in a consumer report, the employer must advise the applicant and provide the name and address of the reporting agency. (15 U.S.C. ss. 1681g - 1681i)


• An employer can be liable for both willful and negligent noncompliance. An action can be brought in District Court no later than the earlier of two years after the plaintiff became aware of the violation or five years after the violation occurred. (15 U.S.C. ss. 1681n - 1681p)