Background Checks: Update Your FCRA Summary of Consumer Rights

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On May 24, 2018,  President Trump signed the Economic Growth, Regulatory Relief, and Consumer Protection Act into law.  Among other things, the Act requires credit reporting agencies to provide a free “national security freeze” to consumers to protect from identity theft.

Now, if the Fair Credit Reporting Act requires businesses to issue a Summary of Consumer Rights or a Consumer Identity Theft Rights notice, it must contain language advising the recipient of their security freeze rights.  These notices are often required when a background check is conducted, generally in a pre-employment setting.

The Bureau of Consumer Financial Protection has updated its model notices, and the updated notices are required to be used starting September 21, 2018.  You can find the updated notices here and here.

If you have any questions about this or any other legal topic, feel free to contact our office.

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