HR Quick Take: Electronic Signatures

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Q: Can I use electronic signatures for consents to background checks under the Fair Credit Reporting Act?

A: Yes, the FCC issued an opinion in 2001, determining that the FCRA requirements to obtain written consent can be fulfilled by electronic copies and authorizations only. Note that you have to maintain all documentation in a form that can be accessed and reproduced (similar to documents under HIPAA/HiTech) in order to be compliant.

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. Attorney Advertising.

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