Employers Must Use Updated FCRA Notice of Rights Beginning September 21, 2018

Are you using the correct forms during pre-employment screenings? As of September 21, 2018, employers and screeners must use the revised FCRA Summary of Rights and “Remedying the Effects of Identity Theft” documents. Learn what your company should do to stay in compliance, whether GoodHire is your background check provider or not.

As you may have seen in recent news, the Consumer Financial Protection Bureau (CFPB) released a new version of two important forms used in pre-employment screening: the document titled A Summary of Your Rights Under the Fair Credit Reporting Act, and another document, Remedying the Effects of Identity Theft, which is routinely provided by consumer reporting agencies to consumers who indicate they may be victims of identity theft.

The CFPB’s new rules require that employers and screeners update these forms by September 21, 2018.

To accommodate these new requirements, GoodHire has already updated these forms within our background screening workflow and on our employer forms resource page. Additionally, we have updated our template consent forms to include the most recent version of the FCRA’s Summary of Rights.

What Employers Should Do Now

• If you use GoodHire as your background check provider, and provide candidates with the electronic consent form and template forms, you can rest assured that these documents have already been updated and are in compliance with the CFPB’s new rules. You do not need to take any further action.
• For employers using their own consent forms, or earlier versions of GoodHire’s template forms (before September 21, 2018), you should be sure to update your forms to include the most recent version of the FCRA’s Summary of Rights. Please ensure that the new form or a supplemental page is put into use no later than September 21, 2018.

Links to Revised Forms

You can find a copy of the revised Summary of Rights on GoodHire’s Employer Forms page, or  directly from the CFPB:

Revised: Summary of Rights (English): https://files.consumerfinance.gov/f/documents/bcfp_consumer-rights-summary_2018-09.docx

Revised: Summary of Rights (Spanish): https://files.consumerfinance.gov/f/documents/bcfp_consumer-rights-summary_2018-09_es.docx

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About the Author

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Elizabeth McLean is GoodHire’s General Counsel, an FCRA-compliance attorney and expert in the background screening legal landscape. She monitors all things FCRA and EEOC. That means she follows new legislation and court decisions and advises the company on processes that follow compliance best practices.