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Primary Source Verification vs Simultaneous Notice

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Primary Source Verification vs Simultaneous Notice

  1. 1. CI Webinar Series 07/24/2014
  2. 2. Webinar Series: Primary Source Verification vs. Simultaneous Notice Commercial Investigations LLC www.commercialinvestigationsllc.com About: Melissa Ramsey Melissa Ramsey - Investigator  Joined Commercial Investigations LLC in October 2011  Bachelors of Arts Degree from Siena College  Advanced Certification under the Fair Credit Reporting Act  Contact: 800-284-0906 Ext. 205 melissaramsey@commercialinvestigationsllc.com
  3. 3. Webinar Series: Primary Source Verification vs. Simultaneous Notice Commercial Investigations LLC www.commercialinvestigationsllc.com About: Christopher Brinkman Christopher Brinkman - Investigator  Joined Commercial Investigations LLC in June 2013  Bachelors of Arts Degree in Criminal Justice from SUNY Albany  Basic Certification under the Fair Credit Reporting Act  Contact: 800-284-0906 Ext. 218 chrisbrinkman@commercialinvestigationsllc.com
  4. 4. Webinar Series: Primary Source Verification vs. Simultaneous Notice Commercial Investigations LLC www.commercialinvestigationsllc.com About: Michelle Pyan Michelle Pyan - President  Started Commercial Investigations LLC in March 2004  Licensed Private Investigator  Ran her first background investigation in 1991  Contact: 800-284-0906 Ext. 202 michellepyan@commercialinvestigationsllc.com
  5. 5. Commercial Investigations LLC www.commercialinvestigationsllc.com Webinar Series: Primary Source Verification vs. Simultaneous Notice  CI Value: Do the right thing, always.  Background Investigations are NOT a Commodity  Major Differentiator  Most Respectful to the Subject  Positive Identification  Concerned CRAs (Consumer Reporting Agencies; e.g. Commercial Investigations LLC)
  6. 6. Commercial Investigations LLC www.commercialinvestigationsllc.com Webinar Series: Primary Source Verification vs. Simultaneous Notice Employment background screening firms participating in Concerned CRAs pledge to verify the accuracy of information provided and avoid offshoring Americans’ personal information.
  7. 7. Commercial Investigations LLC www.commercialinvestigationsllc.com Webinar Series: Primary Source Verification vs. Simultaneous Notice Responsible Use of Criminal Records Database When using criminal records in databases in the context of employment-related screening, exclusive of the screening of volunteers, tenants, and other non-employment relationships:  1. Criminal records databases compiled by non- government entities will only be used as indicators of possible records. Prior to making any report to an employer about a criminal record from a database, the CRA will verify the information directly with the reporting jurisdiction. This ensures that employers make decisions based on accurate and up-to-date information.  2. Current or prospective employer clients will be provided information about the limited nature of criminal records databases and the importance of researching each applicant’s criminal history in the jurisdictions in which the applicant currently or previously has lived or worked. Ultimately, we are concerned that ongoing media coverage related to errors in background checks and the potential for litigation and overreaching legislative solutions place our profession at risk.
  8. 8. Commercial Investigations LLC www.commercialinvestigationsllc.com Webinar Series: Primary Source Verification vs. Simultaneous Notice  Cheap  Not Responsible  Very Devastating to the Subject  Quick Turn Around Time  Not Accurate  Not Up To Date  Increased Risk of Litigation to End Users of Reports  Public Relations Problems by the End Users of the Reports
  9. 9. Webinar Series: Primary Source Verification vs. Simultaneous Notice Commercial Investigations LLC www.commercialinvestigationsllc.com The Law Section 613: FCRA (Fair Credit Reporting Act) “In general. A consumer reporting agency which furnishes a consumer report for employment purposes and which for that purpose compiles and reports items of information on consumers which are matters of public record and are likely to have an adverse effect upon a consumer’s ability to obtain employment shall:” § 613. [15 U.S.C. § 1681k]
  10. 10. Webinar Series: Primary Source Verification vs. Simultaneous Notice Commercial Investigations LLC www.commercialinvestigationsllc.com The Law Section 613: FCRA (Fair Credit Reporting Act)  Simultaneous Notice: 1. “at the time such public record information is reported to the user of such consumer report, notify the consumer of the fact that public record information is being reported by the consumer reporting agency, together with the name and address of the person to whom such information is being reported; or” § 613. [15 U.S.C. § 1681k]
  11. 11. Webinar Series: Primary Source Verification vs. Simultaneous Notice Commercial Investigations LLC www.commercialinvestigationsllc.com The Law Section 613: FCRA (Fair Credit Reporting Act)  Primary Source Verification: 1. “maintain strict procedures designed to insure that whenever public record information which is likely to have an adverse effect on a consumer’s ability to obtain employment is reported it is complete and up to date. For purposes of this paragraph, items of public record relating to arrests, indictments, convictions, suits, tax liens, and outstanding judgments shall be considered up to date if the current public record status of the item at the time of the report is reported.” § 613. [15 U.S.C. § 1681k]
  12. 12. Webinar Series: Primary Source Verification vs. Simultaneous Notice Commercial Investigations LLC www.commercialinvestigationsllc.com Simultaneous Notice: Explanation This Option allows for reporting of such information found in a criminal record database is not validated, it is relayed to both the user and subject at the same time regardless of accuracy. This process is undertaken by the large data brokers in the background screening industry.
  13. 13. Webinar Series: Primary Source Verification vs. Simultaneous Notice Commercial Investigations LLC www.commercialinvestigationsllc.com The client then has to look through the results to either confirm or deny if this is actually their applicant. And with a name of John Smith, you can only imagine how many criminal results you will have to sort through. The client still has to follow the PreAdverse/Adverse Action Notice. Simultaneous Notice: Explanation
  14. 14. Webinar Series: Primary Source Verification vs. Simultaneous Notice Commercial Investigations LLC www.commercialinvestigationsllc.com Primary Source Verification: Explanation This allows for the reporting of information to the employer once the background screening company follows procedures to make sure the information that will be reported is complete and up to date.
  15. 15. Webinar Series: Primary Source Verification vs. Simultaneous Notice Commercial Investigations LLC www.commercialinvestigationsllc.com The matches that we find are then researched again at the Primary Source of the data (e.g. the county court that actually heard the criminal case, the sex offender registry, etc.). Primary Source Verification: Explanation
  16. 16. Webinar Series: Primary Source Verification vs. Simultaneous Notice Commercial Investigations LLC www.commercialinvestigationsllc.com The Law Section 614: FCRA (Fair Credit Reporting Act) “Whenever a consumer reporting agency prepares an investigative consumer report, no adverse information in the consumer report (other than information which is a matter of public record) may be included in a subsequent consumer report unless such adverse information has been verified in the process of making such subsequent consumer report, or the adverse information was received within.” § 614. [15 U.S.C. § 1681l]
  17. 17. Webinar Series: Primary Source Verification vs. Simultaneous Notice Commercial Investigations LLC www.commercialinvestigationsllc.com Case: PSV Example Examples of Primary Source Verification Procedures Used by Commercial Investigations  Criminal records listed in Origin  CI will run County search according to where offense took place  Criminal records listed in Cursory Indicator New York  CI will run New York Statewide Why run Primary Source Verification?  Allows for reduction in mismatched names, wrong state of residences, other missed identifiers, etc….
  18. 18. Webinar Series: Primary Source Verification vs. Simultaneous Notice Commercial Investigations LLC www.commercialinvestigationsllc.com Case: PSV Example Case Example: Kevin Jones  Applied for a Job at Halstead Management to be a doorman  Background Check done by Sterling Infosystems  Sterling found felony and misdemeanor convictions  Same DOB, but different middle name and different race to the Kevin Jones the report was done on  Company did not go through all identifiers and lied about obtaining official court records  As the saying goes, “if you are going to do something, do it right” and be sure to always ask questions!
  19. 19. Webinar Series: Primary Source Verification vs. Simultaneous Notice Commercial Investigations LLC www.commercialinvestigationsllc.com
  20. 20. Webinar Series: Primary Source Verification vs. Simultaneous Notice Commercial Investigations LLC www.commercialinvestigationsllc.com About Us: Commercial Investigations LLC  Commercial Investigations LLC (CI) is a certified woman owned enterprise and NYS licensed private investigative agency.  Our vision is to be the most innovative and educational background investigations partner.
  21. 21. Webinar Series: Primary Source Verification vs. Simultaneous Notice Commercial Investigations LLC www.commercialinvestigationsllc.com Cites:  http://www.consumer.ftc.gov/articles/pdf- 0111-fair-credit-reporting-act.pdf  http://www.nydailynews.com/new- york/bad-background-check-cost- manhattan-dad-job-suit-article-1.1777819
  22. 22. Presented by: Melissa Ramsey, Chris Brinkman & Michelle Pyan (800) 284-0906 www.commercialinvestigationsllc.com facebook.com/commercialinvestigationsllc twitter.com/CI_LLC linkedin.com/company/commercial-investigations-llc info@commercialinvestigationsllc.com http://pinterest.com/proactivetruth/
  23. 23. The information provided in this presentation does not constitute legal or accounting advice. It is for information and discussion purposes only. This presentation may not be reproduced without the written consent of the author. Webinar Series: Primary Source Verification vs. Simultaneous Notice Commercial Investigations LLC www.commercialinvestigationsllc.com

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