Updated FCRA Model Disclosures for Employers Who Use Third Party Background Screening

September 19, 2018
Inside HR
Reference & Background Investigations
Read time: 2 mins

The Bureau of Consumer Financial Protection issued an interim final rule updating two model disclosures to reflect changes made to the Fair Credit Reporting Act (FCRA) by recent legislation.

In May 2018, Congress passed the Economic Growth, Regulatory Relief, and Consumer Protection Act, which requires nationwide consumer reporting agencies to provide "national security freezes" free of charge to consumers. The "national security freeze" restricts prospective lenders from obtaining access to a consumer’s credit report, which makes it harder for identity thieves to open accounts in the consumer’s name.

The Economic Growth, Regulatory Relief, and Consumer Protection Act mandates that whenever the FCRA requires a consumer to receive either the Summary of Consumer Rights or the Summary of Consumer Identity Theft Rights, a notice regarding the new security freeze right also must be included. The Summary of Consumer Rights is a summary of rights to obtain and dispute information in consumer reports and to obtain credit scores. The Summary of Consumer Identity Theft Rights is a summary of rights of identity theft victims. The FCRA requires the Bureau to write model forms of these documents. Consumer reporting agencies and other entities can use the Bureau’s model forms or their own substantially similar forms.

The May 2018 legislation also extends from 90 days to one year the minimum time that nationwide consumer reporting agencies must include an initial fraud alert in a consumer’s file. A fraud alert informs a prospective lender that a consumer may have been a victim of identity theft and requires that the lender take steps to verify the identity of anyone seeking credit in the consumer’s name.

Congress set an effective date of September 21, 2018, for the security freeze right, the notice requirement, and the change in duration for initial fraud alerts. To assist businesses in coming into compliance with the new law, the interim final rule updates the Bureau’s model forms, incorporating the new required notice and the change to the minimum duration of initial fraud alerts.

The revised Summary of Consumer Rights can be found here in English and Spanish.

The revised Summary of Consumer Identity Theft Rights can be found here in English and Spanish.

The Bureau’s educational material for consumers on credit reports and credit scores is available at: https://www.consumerfinance.gov/consumer-tools/credit-reports-and-scores/.

Source: consumerfinance.gov

MRA members who use our easy online platform for Reference and Background Check Services can rest assured knowing that we partner with an employment law attorney to continuously update our forms to reflect the most recent interpretations of the FCRA.