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Some credit reporting agencies and
investigation companies compile what is known as "investigative consumer
reports." Such reports are covered under the FCRA and laws in many states.
An investigative consumer report can only be used in limited circumstances
including employment background checks, insurance, and rental housing decisions.
An investigative consumer report does not contain information about your credit
record that is obtained directly from a creditor or from you. For example, an
investigative consumer report should not contain information about a late
payment. This type of report cannot be used to grant credit.
Investigative reports can contain
information on your character, reputation, personal characteristics and life
style. This information may be gathered through personal interviews with
neighbors, friends, associates or acquaintances, as well as a search of public
documents such as property and court records.
Because the information in these
reports is so detailed and may be sensitive, both federal (FCRA) and state laws
impose stricter regulations on CRAs and other investigators that compile
investigative reports (federal FCRA, 15 USC 1681d sections 604, 606, and 615;
California Civil Code 1786 et seq.). Federal law requires the requester of an
investigative consumer report for employment purposes to obtain permission to
conduct the report. An exception would be, for example, if an employee were
being investigated for possible criminal activity. If the information obtained
in the report is used by the employer to make a negative hiring decision, the
employer must give the applicant a copy of the report. You have the same rights
to correct and dispute inaccurate information in an investigative report as you
have in a credit report.
If you want more information on
investigative consumer reports used for employment purposes, see www.ftc.gov/bcp/conline/pubs/buspubs/credempl.htm.
See also PRC Fact Sheet 16, "Employment Background Checks: A Jobseeker�s
Guide," www.privacyrights.org/FS/fs16bck.htm.
Source: Privacy Rights Clearinghouse
These questions and answers are provided for IowaMotors.com users' general information.
Although we make every effort to insure accuracy in the information provided, we cannot make
any guarantees as to this accuracy. We urge you to consult your lawyer, accountant or tax
advisor for specific legal or tax advice.
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