Consumer complaint received 2023-10-12
Company: CITIBANK, N.A.
State: TN
Product: Credit reporting or other personal consumer reports
Sub-product: Other personal consumer report
Issue: Improper use of your report
Sub-issue: Report provided to employer without your written authorization

Complaint:
I would like to make a complaint and report the egregious violations of the FTC, FCRA, FDIA Section 19 Amendment, Financial Services Background Check Laws, CFR Title 28 Section 16.34, 28 CFR 50.12 ( b ), Tennessee Ban The Box law SB1440 : 1 ( b ) and FINRA Section3 ( a ) ( 39 ) that Citibank, its employee XXXX XXXX ; Lead Investigator for the Background Investigating Unit, and their third party vendor XXXX XXXX also know as XXXX XXXX XXXX have committed and continue to commit during their hiring process in relation to their background check. 

They violated FCRA Section ( s ) : A. 604 : 15 U.S.C. 1681b ( a ) ( 3 ) ( B ), 15 U.S.C. 1681b ( b ) ( 1 ) ( B ), 15 U.S.C. 1681b ( b ) ( 1 ) ( a ) and 15 U.S.C. 1681b ( b ) ( 2 ) B. 607 : 15 U.S.C. 1681e ( a ), 15 U.S.C. 1681e ( b ), and 15 U.S.C. 1581e ( d ) C. 609 : 15 U.S.C. 1681g ( a ) and 15 U.S.C. 1681g ( c ) ( 2 ) D. 610 : 15 U.S.C. 1681h E. 611 : 15 U.S.C. 1681i F. 612 : 15 U.S.C. 1681j G. 613 : 15 U.S.C. 1681k H. 606 : 15 U.S.C. 1681d/ ( a ), ( b ) I. 615/ ( a ) ) : 15 U.S.C. 1681m ( a ) J. 603 ( y ) : 15 U.S.C. 1681a ( x ) ) Violated : FDIA Section 19 Amendment by not following the 10-year restriction on hiring applicants with convictions. 

Violated : FINRA Section 3 ( a ) ( 39 ) of the Exchange Act : certain misdemeanor and all felony criminal convictions for a period of ten years from the date of conviction. ( Despite me not applying for a Broker or Dealer position ). 

Violated : TN Ban the Box law/SB 2440 : 1 ( b ) which states no pre-employment background checks and SB2440 1 ( b ). 


On XX/XX/XXXX, I completed an application and started the process for a XXXX XXXX XXXX with Citibank for XXXX XXXX XXXX as a non-employee. The position pays XXXX per hour. 

On XX/XX/XXXX, I completed a 10-year Background report with XXXX XXXX which was submitted on XX/XX/XXXX, to the third party ( s ) XXXX and Citibank and it shows no criminal history in the last ten years. 

On XX/XX/XXXX, I received email notification to register to take a fingerprint background check. I was never asked permission nor signed documentation permitting to get or receive fingerprint background check, given written notification of fingerprint check, or received a summary of my rights in regards of the fingerprint background check by Citibank or their vendor XXXX XXXX. 

As a XXXX XXXX XXXX position and XXXX XXXX regulated position, I was made to submit a background check for FINRA ( Financial Industry Regulatory Authority ) without providing consent and without receiving a copy of the Summary of Rights afforded to me according to FTC and FCRA. 

Contact by phone with XXXX XXXX was XX/XX/XXXX, and XXXX XXXX. Email contact by XXXX was made XX/XX/XXXX, and XX/XX/XXXX. I emailed XXXX XXXX XXXX, XX/XX/XXXX and XXXX XXXX. 

I was made to provide additional information in reference to my criminal background, despite this being a violation of FTC and FCRA. XXXX XXXX asked me to provide verification that an XXXX in XXXX, TN dated XXXX of XXXX was related to the XXXX XXXX showing from Missouri. I submitted original court documents relating to the case and court documents from both Missouri and XXXX TN, and he stated that those werent sufficient. He then asked that I get the documents from the XXXX XXXX XXXX in Missouri, which caused further issues as the XXXX XXXX are over 20 years old and my XXXX ended over 16 years ago and theres a 60 day or more wait for those documents currently. I supplied documents on several occasions, despite asking why and if I could receive a copy of the background check report. I was never given a copy of the fingerprint background report despite asking both verbally and in writing. Instead, all my requests were ignored. 

I informed XXXX XXXX several times that this process is different than other background checks that I have been subjected to for employment purposes and that I would think that it was his duty and due diligence to get the necessary documentation himself as that is not my job entail or position to investigate background checks. 

I was never verbally, electronically, or by writing given both a Pre-Adverse Action and Adverse Action decision being made in relation to my fingerprint background check. Despite this I was still denied the position with Citibank. 

On the website of XXXX XXXX, Applicant Section it states that we could receive a pdf copy of the report. When I reached out on XX/XX/XXXX, I was informed on XXXX XXXX that I could not receive a copy of the report. 

Their background check process is not only illegal and non-compliant for employment of both employee ( s ) and non-employee ( s ) positions. This is creating a discrimination and disparate impact in the hiring process. I have worked in the banking industry as recently XXXX during the COVID-19 Pandemic period contracted as a XXXX XXXX XXXX for the governments unemployment payment bank. I successfully passed the required background check ; this could have been provided to XXXX XXXX had he asked about my time beyond the XXXX XXXX, such as my rehabilitation period as required. Instead, he chose to use illegal and non-compliant tactics towards my XXXX history. Which is why I am submitting this complaint today.

Company response to consumer: Closed with explanation