Consumer Reports and Credit History Checks under the Fair Credit Reporting Act (FCRA)


Summary

This practice note helps employers comply with the major Fair Credit Reporting Act (FCRA) employer requirements and corresponding state "mini-FCRA" requirements. The FCRA governs the retrieval and use of consumer information from consumer reporting agencies, including an employer's acquisition and use of such information for purposes of making employment decisions. Pre-employment reports such as credit reports, criminal record reports, and department of motor vehicle reports, as well as any consumer reports used for employment purposes, are subject to the FCRA.