Many companies require background checks in order to ensure the safety of their customers. For example a home improvement company who’s employees are often in their customer’s homes do not want a convicted thief or drug addict having access to a customer’s belongings.
Yet, in order to obtain a background check on a potential employee, the Fair Credit Reporting Act or FCRA for short, requires employers to obtain your consent in a stand- alone form. This consent cannot be buried in the fine print of a job application. Burying the consent in fine print or adding additional terms may itself be a violation of the FCRA and entitled you to damages.
In addition, if you were not hired or have suffered any other adverse action due to errors on your credit report, you should have been notified prior to any such decisions to allow you an opportunity to review the report and correct any errors. Unfortunately many employers do not bother providing you such an opportunity as they have already moved on to the next candidate.
If you have discovered that your consent was not in a stand-alone document or you were not provided a copy of your report PRIOR to an employment decisions was made. you may have a case to recover damages.
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