FCRA Compliance Procedures

Key provisions of the Fair Credit Reporting Act

We comply with the Fair Credit Reporting Act, which promotes the accuracy, fairness, and privacy of consumer information, protecting candidates from false information in their credit reports. 

Step 1: Before You Get a Consumer Report

Before you can order a consumer report for employment purposes, you must notify the individual in writing – in a document consisting solely of this notice – that you are using the report. You must also get the person's written authorization before you ask a CRA for the report. (Special procedures apply to the trucking industry). If you want the authorization to allow you to get consumer reports throughout the person's employment, make sure you say so clearly and conspicuously. It's a good idea to review applicable laws of your state related to consumer reports. Some states restrict the use of consumer reports – usually credit report – for employment purposes.

  • Click here for Disclosure sample forms
  • Click here for Acknowledgment & Authorization sample forms

Step 2: Before You Take Adverse Action

If you rely on a consumer report for an "adverse action" – denying a job application, reassigning or terminating an employee, or denying a promotion – be aware that:

  • You must give the individual a pre-adverse action disclosure that includes a copy of the individual's consumer report and a copy of "A Summary of Your Rights Under the Fair Credit Reporting Act" – a document prescribed by the Consumer Financial Protection Bureau (CFPB). The CRA that furnishes the individual's report will give you the summary of consumer rights.

  • Once you have completed the ‘pre adverse action’ process outlined in the Fair Credit Reporting Act, the Equal Employment Opportunity Commission (EEOC) also requires that you conduct an individualized assessment prior to taking adverse action. An overview of this assessment procedure, along with the correlating requirements of a written policy on the use of criminal records in employment decisions, can be found on IntelliCorp’s EEOC webpage.

Step 3: After You've Taken Adverse Action

After you've taken an adverse action, you must give the individual notice – orally, in writing, or electronically – that you have taken the adverse action. The notice must include:

  • The name, address, and phone number of the CRA that supplied the report
  • A statement that the CRA that supplied the report did not make the decision to take the adverse action and cannot give specific reasons for it
  • A notice of the individual's right to dispute the accuracy or completeness of any information the agency furnished and his or her right to an additional free consumer report from the agency upon request within 60 days
    • Click here for Adverse Action letter samples

IntelliCorp is a class act, with the most excellent service I have received in years! The support I have gotten has made this process infinitely smoother. I really appreciate the training because truly I didn’t know a lot of the requirements.

-- Laura T. | Human Resources



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