Class Action attorneys have seized the opportunity to go after deep pocketed employers and Consumer Reporting Agencies that are not in strict compliance with FCRA requirements.
An improperly worded or laid out Background Check Authorization Form that does not follow FCRA requirements to the letter is a magnet for this type of litigation. The FCRA requires that prior to procuring a consumer report on an applicant for employment an employer provide a clear and conspicuous disclosure and obtain the applicant’s written authorization. Furthermore –and this is a detail the attorneys are latching onto– FCRA requires the disclosure consist solely of the disclosure. (FCRA section 604(b)(2)).
For years, A-Check has communicated the importance of Authorization Form compliance to clients. While U.S. employers are ultimately responsible for ensuring their hiring practices comply with federal and state requirements, and this includes the use of compliant authorization forms to conduct background checks, we’re here to help.
A-Check’s convenient U.S. Consumer Authorization Form Kit makes it easy to comply with FCRA and applicable state-by-state requirements. The MS Word document, revised February 2014, includes all the components necessary to customize your Authorization Form.
Even if you previously downloaded our Authorization Form Kit, we recommend updating with this newer version as it is based on the most current information available.
View or Download U.S. Consumer Authorization Form Kit (MSWord Doc – Updated 2-2014).
To request a Spanish version please Contact A-Check.
– 2014 case: Gezahegne v. Whole Foods Market California, Inc. – Allegation the form included liability release language other than disclosure.