Transcript Presentation to National Conference on Privacy, Technology

Presentation
to
National Conference on Privacy,
Technology & Criminal Justice
Information
TOPIC
Should Commercial Providers of
Background Information be Regulated?
Presented by:
Peter L. O’Neill, Esq.,
Chief Executive Officer
CARCO Group, Inc.
Washington, DC
June 1, 2000
Consumer Report
Employer
(1st Party)
Applicant/
Employee
(2nd Party)
Consumer Reporting
Agency
(3rd Party)


Investigation must be conducted by 3rd party
Investigations of Applicant conducted by Employer
Are not consumer reports
are not governed by FCRA
Consumer Report

EDUCATION

CRIMINAL/CIVIL

EMPLOYMENT

CREDIT


PROFESSIONAL
LICENSES
OTHER PUBLIC
RECORDS


MOTOR
VEHICLES
PERSONAL
REFERENCES
A Consumer Reporting Agency
May Furnish Reports For
(Permissible Purposes):






Court order or subpoena
Credit transaction involving
consumer
Employment purposes
Underwriting of insurance
License or other benefit
granted by government
As potential investor,
servicer, insurer, with
valuation, assessment of
credit



Otherwise legitimate
business need for the
information--in connection
with business transaction
initiated by consumer
Response to head of state
for child support
Agency administered by
Social Security Act
(FCRA Sect. 604)
FAIR CREDIT REPORTING ACT CONSUMER DISCLOSURE AND GENERAL AUTHORIZATION
In connection with my application for employment with _____________________________ (“Company”) I
understand that a consumer report or investigative consumer report, as those terms are defined in the federal Fair
Credit Reporting Act as amended (“FCRA”), 15 U.S.C. 1681 et seq., may be obtained by the Company from a
consumer reporting agency (“Agency”). I further understand that the Agency may not give out information about
me to the Company without my written consent. It is also understood that the Agency may not report medical
information about me to the Company without my specific prior consent as to the release of such information, which
is in addition to my general authorization herein.
I understand that an investigative consumer report is a special type of consumer report in which information about
my character, general reputation, personal characteristics, and mode of living is obtained through personal
interviews. In the event an investigative consumer report is obtained, I understand that I (a) am entitled to receive a
summary of my rights, and (b) have the right to request additional disclosures provided for below as follows:
Upon my written request to the Company within a reasonable period of time after my receipt of this Fair Credit
Reporting Act Consumer Disclosure and General Authorization, the Company shall make a complete and accurate
disclosure of the nature and scope of the investigation requested. It is understood that this disclosure shall be made
in writing mailed, or otherwise delivered, to me not later than five (5) days after the date on which the request for
such disclosure was received from me or such report was first requested, whichever is later in time.
I hereby authorize the Company now, or at any time while I am employed by the Company, to obtain a consumer
report or investigative consumer report on me, as applicable. This authorization does not include the release of my
medical information. I further acknowledge that I have received a summary of my rights under the FCRA.
__________________________________________
Applicant Signature
_______________________
Today’s Date
__________________________________________
Printed Name
_________________________________
Social Security Number
PRE-ADVERSE ACTION NOTICE CONSUMER REPORT
Dear Mr./Ms. (Applicant’s last name):
In connection with your application for employment, you authorized
________________ to obtain a consumer report on you. Depending upon the
position for which you applied, the consumer report included one or more of the
following elements: Criminal History record; Credit Report; and Social Security
Number Trace.
Pursuant to the federal Fair Credit Reporting Act (U.S.C. 1681 et. seq.), we are
required to inform you that the information contained in the consumer report may
prevent you from obtaining employment with our organization. You will be notified
after ___ days following your receipt of this notice of our decision regarding your
potential employment. A copy of the consumer report prepared on you is attached.
In addition, please find a written summary of your rights under the Fair Credit
Reporting Act.
Please contact us if you have any questions regarding this matter.
Sincerely,
_________________________
Enclosures
ADVERSE ACTION NOTICE FOR CONSUMER REPORT
Dear Mr./Ms. (Applicant’s last name):
Several days ago we notified you of the possibility that your application with
_______________ might not be favorably considered.
Unfortunately, we have made a decision not to extend an offer of employment to you
based in whole, or in part, on information contained in the consumer report which you
authorized us to obtain (a copy of which was included in our first notice to you). The following
consumer reporting agency furnished the consumer report:
ABC REPORTING
123 MAIN STREET
DOWNTOWN, USA 12345
TOLL FREE #: 1-800-555-1234
Please be advised ABC Reporting did not make the decision to take this action and will be
unable to provide you with the specific reasons why you were not hired. You have a right to
obtain a free copy of the consumer report which ABC Reporting prepared on you, provided
your request is received by ABC Reporting within sixty (60) days of receipt of this notice.
You also have the right to dispute the accuracy or completeness of any information contained
in the report by contacting ABC Reporting directly.
Thank you for your interest in our company and we wish you success in your future
employment endeavors.
Sincerely,
The FCRA gives several different federal agencies authority
to enforce the FCRA:
For Questions of Concerns Regarding:
Please Contact:
CRA’s, creditors and others not listed below
Federal Trade Commission
Consumer Response Center - FCRA
Washington, D.C. 20580
202-326-3761
National banks, federal branches/agencies of foreign banks (word
“National” or initials “N.A.” appear in or after bank’s name)
Office of the Comptroller of the Currency
Federal Reserve System member banks (except national banks, and
federal branches/agencies of foreign banks)
Federal Reserve Board
Savings associations and federally chartered savings banks (word
“Federal” or initials “F.S.B.” appear in federal institution’s name)
Office of Thrift Supervision
Federal credit unions (words “Federal Credit Union” appear in institution’s
name)
National Credit Union Administration
State-chartered banks that are not members of the Federal reserve
System
Federal Deposit Insurance Corporation
Air, surface, or rail common carriers regulated by former Civil Aeronautics
Board or Interstate Commerce Commission
Department of Transportation
Activities subject to the Packers and Stockyards Act, 1921
Department of Agriculture
Compliance Management, Mail Stop 6-6
Washington, D.C. 20219
800-613-6743
Division of Consumer & Community Affairs
Washington, D.C. 20551
202-452-3693
Consumer Programs
Washington, D.C. 20552
800-842-6929
1775 Duke Street
Alexandria, VA 22314
703-518-6360
Division of Compliance & Consumer Affairs
Washington, D.C. 20429
800-934-FDIC
Office of Financial Management
Washington, D.C. 20590
202-366-1306
Office of Deputy Administrator – GIPSA
Washington, D.C. 20250
202-720-7051