Individual Rights Under the Fair Credit Reporting Act
Understanding Your Individual Rights Under The FCRA
What is The Fair Credit ReportingAct, Anyway? The Fair Credit Reporting Act (FCRA) is a United States federal law (codified at 15 U.S.C. 1681 et seq.) that regulates the collection, dissemination, and use of consumer information, including consumer credit information. Along with the Fair Debt Collection Practices Act (FDCPA), it forms the base of consumer credit rights in the United States. It was originally passed in 1970, and is enforced by the US Federal Trade Commission and private litigants. Source: http://en.wikipedia.org/wiki/Fair_Credit_Reporting_Act
Here are Your Rights as anIndivudalUnder the FCRA… BeenVerified may not be used for FCRA searches on consumers. Whether you’re seeking employment or already employed, your employer mustget yourpermission to run a background checkbefore doing so If any negative or adverse information is found, the provider is required to show you the information and give you an opportunity to dispute it
So Wait, Can I use BeenVerified to ConductEmployment Background Checks, Tenant Screening orFCRA Related Background Checks? Sorry, but absolutely not. BeenVerified is not a consumer reporting agency as defined in the Fair Credit Reporting Act ("FCRA"), and the information contained within our website has not been collected in whole or in part for the purpose of furnishing consumer reports, as defined in the FCRA. You may not use any of our information as a factor in establishing an individuals eligibility for personal credit, insurance or assessing risks associated with existing consumer credit obligations. You also may not use any of our data or results for other business transactions with another individual including, but not limited to, leasing an apartment. Please see our Terms and Conditions page for the complete details regarding the use of our service.
Why? Because the Law Says SoDisclaimer: While we are constantly updating and refining ourdatabase and service, we do not represent or warrant that theresults provided will be 100% accurate and up to date.BeenVerified™ is a database of publicly available sources ofinformation aggregated for your convenience. BeenVerified™ doesnot provide private investigator services and this informationshould not be used for employment, tenant screening, or any FCRArelated purposes. BeenVerified™ does not make any representationor warranty as to the character or the integrity of theperson, business, or entity that is the subject of any search inquiryprocessed through our service. None of the above-featuredcompanies either sponsor, endorse, or are in anyway affiliated withBeenVerified™ or this promotion.
So then when should someone useBeenVerified? Who should use BeenVerifiedand for what reasons? Large companies have been using background checks to protect their businesses for years. Our service empowers anyone to protect their lives, the lives of their families and their small businesses in the same way. For example if a roofing contractor is doing an estimate for a potential client, the contractor can use our service to help protect their business. Bankruptcies, judgments and liens are all public information that we make available to our members. The roofer might want to know if the potential client has a history of being in the litigation process with other contractors. Also, to protect their workers, they want to know the criminal history of the people who own the house they will work in. Another example is a parent running a background check on their child’s soccer coach. We make it very easy for a parent to harness the power of public records to help them make more informed decisions. Those are just two examples of non FCRA related scenarios where a background check can be really beneficial.
What is a Consumer UseAndWhen is it an FCRA use?Consumer: This is OK! FCRA: Totally not OK. Finding a Lost Love, Family Member Finding a Nanny or Domestic Help VerifyingPotential Roommates Tenant Screening Checking out Your Online Date Contact Against Their Wishes Find a Person’s Current Address Stalking or Spying on People Checking out Yourself Stealing an Identity (Duh!) Find Buyers and Sellers (ex Craigslist) Mortage Brokers, Credit Check, Insurance Retrieve Public Court Records Employee Background Checking
It’s All About the 7s and 10sHow Long Does Negative Information Last Under FCRA?Accounts placed for collection -> 7 YearsBankruptcies ->10YearsCivil suits, civil judgments, records of arrest, from date of entry ->7YearsPaid tax liens-> 7 YearsOther negative information (except criminal convictions)-> 7 Years “The most recent change to the FCRA made criminal convictions reportable indefinetley. California still follows the seven-year rule (CA Civil Code 1786.18) as do some other states. To find the limit of reporting criminal convictions in your state, contact your state employment agency or office of consumer affairs.” Source- PrivacyRights.org
“Because of BeenVerified I am not able to get a job.Public records are the reason I am not getting hired.They think I am a criminal.” --- Not so Fast… First,we need to make it very clear thatwe’re not lawyers andareforbidden to offer any legal advice. However, from working with lawyers, we think it’s important foreveryoneto understand the FCRA. The FCRA are the laws that govern the way employers are allowed to conduct background checks for hiring, landlords conduct checks for possible tenants, as well as banks and insurance companies running background checks on possible customers. For example, if someone is running a background check on you for any of those above mentioned reasons, the FCRA requires the party running the check to inform the candidate of any information they found that is influencing their decision. BeenVerified makes it very clear to everyone that visits our site that our public record searches are not FCRA compliant and BeenVerified may NOT be used for purposes such as hiring and tenant screening. It is in our Terms of Services, in our FAQ and in many other places throughoutoursite.
What if I know someone who is usingBeenVerified illegally, for FCRA? 1. Remind yourself that you’re not a lawyer…well, unless you are, in which case, let’s talk. 2. Please, as a favor to us and our users, don’t push the conversation in the direction of advocating such use. 3. If someone says they are using it for FCRA purposes, you must say it is not compliant and refer them to our Terms of Service. 4. When all of the above fails, if you feel it is a definite transgression of our Terms of Service, contact us.
Where Can I Find Information andLearn More?•TBD TBD TBD•Privacy Rights Clearninghouse: Employment Checks: AJobseeker’s Guide•Gov’t agency to report potential FCRA abuse•Employment Lawyers•Ect•Ect