Division of Privacy and Identity Protection 

Via E-mail and U.S. Mail 

Robert Belair, Esq. 

Arnall Golden Gregory LLP 

UNITED STATES OF AMERICA 

FEDERAL TRADE COMMISSION 

WASHINGTON, D.C. 20580 

March 19, 2013 

1775 Pennsylvania Ave., NW, Suite 1000 

Washington, DC 20006 

Pamela Devata, Esq. 

Seyfarth Shaw LLP 

131 South Dearborn Street 

Suite 2400 

Chicago, IL 60603-5577 

Re: LexisNexis Risk Solutions 

Dear Mr. Belair and Ms. Devata: 

As you know, the staff of the Federal Trade Commission's Division of Privacy and 

Identity Protection has conducted an inquiry into LexisNexis Screening Solutions' 

("LexisNexis") compliance with the Fair Credit Reporting Act in connection with its Retail 

Theft contributory Database ("RTCD"). The RTCD allows participating retail merchants to 

contribute shoplifting or theft information about employees and then allows these merchants to 

search the database to screen job applicants. We.understand that LexisNexis Screening 

Solutions, including the RTCD, was purchased by First Advantage, a Symphony Technology 

Group Company ("FADV") on February 28,2013. Upon careful review of this matter, we have 

determined not to recommend enforcement action at this time. 

However, staff had concerns about the disclosures that employers make to employees 

prior to contributing a theft incident to the RTCD. To contribute an incident, a participating 

merchant submits a statement by the accused employee admitting the theft ("admission 

statement."). Staff was concerned that employees who sign admission statements may not be 

aware that they could be denied future employment because potential retail employers may have 

access to the admission statements (or the information in the statement) through the 

RTCD. Following a number of productive discussions between staff and LexisNexis, LexisNexis 
agreed to modify certain of the procedures it requires of retailers to help ensure consumers 

understand how the admission statement may be used. F ADV will implement the modifications 

of the procedures described in this letter. 

Although the employers who contribute to the RTCD are responsible for making the 

appropriate disclosures, as a result of our discussions, F ADV has committed to: 1) contractually 

require participating retailers to provide a clear and conspicuous notice to individuals at the time 

an admission statement is signed informing them that the statement (or information therein) may 

be obtained by other employers and affect future employment; 2) incorporate such disclosure 

into its own model admission statement; 3) provide guidance to participating retailers about 

ways to inform employees of consequences of employee theft (e.g., employee handbook and 

bulletin board disclosures), and 4) provide guidance materials that participating retailers could 

use to assist loss prevention personnel in administering the RTCD program. 

We believe LexisNexis' past cooperation and FADV's commitment to implement the 

steps outlined in this letter will help ensure that its retail clients inform consumers and 

employees how admission statements may be used in the future. We will continue to monitor 

activities in this area. The closing of this investigation is not to be construed as a determination 

that a violation may not have occurred, just as the pendency of an investigation should not be 

construed as a determination that a violation has occurred. The Commission reserves the right to 

take such further action as the public interest may require. 

-2-

Maneesha 

~0 Mithal 

Associate Director 

Division of Privacy and Identity Protection 

Federal Trade Commission