May 19, 2022

Volume XII, Number 139

Advertisement
Advertisement

May 18, 2022

Subscribe to Latest Legal News and Analysis

May 17, 2022

Subscribe to Latest Legal News and Analysis

May 16, 2022

Subscribe to Latest Legal News and Analysis

Compliance Now Required: New FCRA Summary of Rights Released

The Consumer Financial Protection Bureau issued a new FCRA “Summary of Rights” form, effective September 21, 2018.

Employers that use consumer reporting agencies to conduct credit or background checks must let both job applicants and employees know their rights under the FCRA by providing this form along with the FCRA disclosure and authorization. Failure to do so exposes employers to significant legal risk, including government penalties and private lawsuits, including class actions. Also, note that multiple courts have found that the FCRA disclosure and authorization forms must be completely “stand alone” from other onboarding or other documentation provided to applicants/employees and should not contain other language beyond the officially prescribed language. See e.g., Poinsignon v. Imperva, Inc., No. 17-cv-05653-EMC

This revised form was initiated by legislation earlier this year that, in part, amended the FCRA by requiring notice of availability of “national security freezes” that must be provided to consumers. The notice informs consumers they have a right to place a “security freeze” on their credit report, which will prohibit a consumer reporting agency from releasing information in the report without express authorization from the consumer.

© Copyright 2022 Squire Patton Boggs (US) LLPNational Law Review, Volume VIII, Number 268
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement

About this Author

Jill S. Kirila Labor & Employment Attorney Squire Patton Boggs Columbus, OH & New York, NY & Miami, FL
Partner

Jill Kirila serves as co-leader of the Squire Patton Boggs global Labor & Employment Practice. She combines a focus on results with a client-centric approach to serving clients in a broad range of industries, including technology, retail, manufacturing, healthcare and financial services.

Jill partners with clients to understand their business objectives, see beyond the legal issues and formulate a practical, real-world approach to solving labor and employment problems. She draws on her extensive multistate counseling and litigation experience before federal and state courts and...

614-365-2772
Advertisement
Advertisement
Advertisement