The FTC Staff Report on “40 Years of Experience with the Fair Credit Reporting Act” Illuminates Areas of Potential Class Action Exposure for Employers

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Table of Contents:

I. INTRODUCTION 1; II. BACKGROUND FOR THE FTC STAFF REPORT 2; III. SUMMARY OF FCRA OBLIGATIONS ON EMPLOYERS THAT USE CONSUMER REPORTS FOR EMPLOYMENT PURPOSES 2; IV. SUMMARY OF FCRA REMEDIES 4; V. THE FTC STAFF REPORT HIGHLIGHTS OBLIGATIONS UNDER THE FCRA FOR EMPLOYERS THAT USE CONSUMER REPORTS AND INVESTIGATIVE CONSUMER REPORTS FOR EMPLOYMENT PURPOSES 5; VI. SECTION 604(B)(2): DISCLOSURES AND AUTHORIZATIONS FOR CONSUMER REPORTS AND INVESTIGATIVE CONSUMER REPORTS 7; VII. SECTIONS 604(B)(3) AND 615: THE “PRE-ADVERSE ACTION” AND “ADVERSE ACTION” NOTICES 9; VIII. CONCLUSION 10; IX. APPENDIX A — RELEVANT PORTIONS OF SECTION 604 OF THE FCRA 11; AND, APPENDIX B — FTC “A SUMMARY OF YOUR RIGHTS UNDER THE FAIR CREDIT REPORTING ACT” 13.

Please see full report below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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