This means a one-time notice and authorization is sufficent to allow the employer to obtain reports at any time during employment. www.ftc.gov/os/statutes/fcra/james.shtm The requirement to get authorization may, however, be different under state law. In California, for example, notice and authorization is required "at any time before a report is credit report number Texas procured." (California Civil Code Sec.
1786.16) The federal law credit report number Texas has two significant loopholes. credit score check First, if the employer does not use a third-party screening company but, rather conducts the background check itself, it is not subject to the notice and consent provisions of the FCRA. Second, the employer might tell the rejected applicant that its adverse decision was not based on the contents of the background investigation, but, rather that the job pool was so exceptional that it made its hiring decision based on the fact credit report number Texas that there were individuals more qualified than the applicant. access free credit report In both of these situations, the applicant would not have the ability to obtain a copy of the background check to find out what negative information it contained. We have learned of situations where the individual remained unemployed for years, not knowing that wrongful criminal records which resulted from identity theft were the reason for the individual's failure to find employment. (Read "Identity Theft: The Growing Problem of Wrongful Criminal Records," www.privacyrights.org/ar/wcr.htm.) Recent amendments to California's "investigative consumer reporting" law have closed those loopholes. only free credit report
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