The FCRA provides for two types of reports: consumer reports, and investigative consumer reports. Consumer reports includes information such as credit history, general financial and personal information about an individual, such as addresses of record, employment history, credit payment history, and overall indebtedness. Consumer Reports are largely obtained from public record information, and reports of creditors to various credit reporting agencies.
The Investigative Consumer Report contains additional information regarding an individual’s character, general reputation, personal practices, mode of living among other personal traits and practices. These reports are obtained from public records, but may also include results of personal contact with neighbors, friends, work associates and other acquaintances.
In order to obtain a Consumer Report, employers must disclose to prospective employees that a consumer report may be requested, and the prospective employee must acknowledge the disclosure by a signature. This disclosure and acknowledgment must be a separate document which contains nothing else but the disclaimer and signature.
Additional disclosure requirements for an Investigative Consumer Report require the prospective employer to notify the prospective employee, in writing, that the employer will be obtaining in-depth information. The report must be mailed or delivered to the person no later than three days after the report is requested. Additionally, the disclosure must advise the person that they have a right to obtain additional disclosures and a written summary of legal rights.
Consumer Reports may not include medical information without the written consent of the person, and may not include arrest information prior to seven years of the date of the report, unless the job will pay more than $75,000 annually. Convictions of felonies, and misdemeanors that occurred prior to the seven-year limit may appear.