November 18, 2018

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New Version of Model FCRA Summary of Rights Released; And You Have One Week to Comply

A new model “A Summary of Your Rights Under the Fair Credit Reporting Act” disclosure form document was released on September 12, 2018, by the Consumer Financial Protection Bureau (CFPB). Employers and background check companies may begin using the new form on September 21, 2018.

The federal agency responsible for oversight and drafting the model forms required under the Fair Credit Reporting Act (FCRA) issued the revised form in an interim final rule on September 12, 2018.

Employers and background check companies are required to provide the disclosure form to employees and job applicants at certain times under the FCRA. A failure to provide the correct notification can lead to significant exposure, including class action litigation.

Why the Change?

In May 2018, responding to several, high-profile data breaches, Congress passed the Economic Growth, Regulatory Relief, and Consumer Protection Act. The new law requires credit reporting bureaus, under certain circumstances, to provide consumers fraud alerts and unlimited, free national security freezes and freeze releases. These are intended to make it harder for identity thieves to open accounts in a consumer’s name.

The new legislation also amends the FCRA to exclude from consumer reporting information certain medical debts incurred by veterans. Additionally, it establishes a new dispute process with respect to such medical debt.

Finally, the new law mandates that whenever an employer or background check company is required to provide a copy of the “A Summary of Your Rights Under the Fair Credit Reporting Act” or the “Summary of Consumer Identity Theft Rights” disclosure form, they also must provide a notice regarding these new security freeze rights.

The interim final rule updates the CFPB’s model form (last revised in 2012) and incorporates the new required notices. According the CFPB, the interim rule provides that businesses can use the new model disclosure or a combination of the 2012 disclosure forms along with a summary of the security freeze rights, “so long as a separate page that contains the additional required information is provided in the same transmittal.”

Next Steps

Employers and background check companies must update their forms prior to September 21, 2018, to avoid any gaps in compliance.

Jackson Lewis P.C. © 2018

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About this Author

Kevin D. Holden, Jackson Lewis, enforceability of noncompete agreements attorney, unpaid wages lawyer,
Office Managing Principal and Office Litigation Manager Richmond

Kevin D. Holden is Office Managing Principal and Litigation Manager of the Richmond, Virginia, office of Jackson Lewis P.C. He has more than 25 years of experience representing management and defending against individual and class claims brought under the Fair Credit Reporting Act, Title VII, and the Americans with Disabilities Act, and regularly litigates the enforceability of non-compete agreements, claims for unpaid wages, and various other workplace torts.

804-212-2888
Susan M. Corcoran, Jackson Lewis, fair credit reporting lawyer, Labor Policy Attorney
Principal

Susan M. Corcoran is a Principal in the White Plains, New York, office of Jackson Lewis, P.C. Ms. Corcoran is a seasoned employment counselor and litigator and is often thought of as the “go to” person on national workplace law issues for her clients.

She is one of the leaders of the firm’s Background Check Resource Group, and serves as a resource on fair credit reporting act issues, as well as “ban the box” strategies. She taught a graduate employment law class for many years at Manhattanville College and frequently speaks before different groups on a variety of workplace law issues. She had recently served two terms as NYS SHRM Legislative Director, successfully participating in lobbying efforts to overturn New York’s annual WTPA notice requirement.

914-872-6871
Richard Greenberg, Jackson Lewis, workplace grievances lawyer, arbitrations litigation attorney
Principal

Richard Greenberg is a Principal in the New York City, New York, office of Jackson Lewis P.C. He advises both unionized and union-free clients on a full-range of labor and employee relations matters.

With respect to traditional labor matters, Mr. Greenberg represents clients in collective bargaining negotiations, labor disputes, grievances and arbitrations, proceedings before the National Labor Relations Board, and in state and federal court. Mr. Greenberg also advises clients on the legal aspects of remaining union-free....

212-545-4080