Illegal Background Checks and the Fair Credit Reporting Act
Various class actions are seeking millions of dollars in compensation from companies who allegedly violated the Fair Credit Reporting Act (FCRA). You have a right to protect your personal credit information. The FCRA is a federal law designed to prevent the exploitation of the information found during credit checks by credit reporting agencies and employers. The FCRA sets strict guidelines to ensure that background checks done by employers are legal. If you suspect your rights were violated, please call us today.
Potential FCRA Violations
Many companies run afoul of the FCRA as a result of their hiring practices. Under the FCRA, employers must comply with very specific requirements if they use a third party consumer reporting agency to run background checks on job applicants or employees. These background checks can include credit reports and criminal background checks. Employers who run background checks on employees should be doing the following:
- Disclosure: the employer must make “a clear and conspicuous disclosure in writing” to the employee or applicant that a background check is going to be run on them for employment purposes. This document must stand-alone and should not be part of a packet.
- Authorization: the employer must get the applicant or employee’s authorization to have the report compiled.
- Pre-Adverse Notice: If the employer decides it may take adverse action against the applicant or employee based on any information that was disclosed in the report, the employer must notify the applicant or employee of that fact and make other required disclosures.
- Adverse Notice: Notify the applicant or employee of the decision to take adverse action and make other required disclosures.
If you suspect that your rights under the FCRA have been violated, please call us today.
Are You Eligible for an Illegal Background Check Lawsuit?
The Feeney Law Firm is committed to seeking justice for those affected by an Illegal Background Check. Fighting to keep people safe from corporate greed and self-interest is our passion. We are here to help make that process as simple as possible for you and your family. Call us now at 1-800-809-0911 for a FREE consultation. Don’t wait; your time to file a claim may be limited.