It’s Time For Employers To Update Their FCRA Forms

By January 1, 2013, employers who conduct background checks on applicants or employees will be required to use the updated Fair Credit Reporting Act (“FCRA”) forms.  The updated FCRA forms can be found here.

These updated forms include “A Summary of Your Rights Under the Fair Credit Reporting Act” that employers must provide to applicants and employees when employers issue a pre-adverse action letter and in certain other situations.

It is important for employers to update their forms and otherwise comply with FCRA requirements.  Employers that “negligently” or “willfully” fail to comply with any requirement of the FCRA may be subject to lawsuits and liable for actual damages, attorneys’ fees and costs.

As the law continues to evolve on these matters, please note that this article is current as of date and time of publication and may not reflect subsequent developments. The content and interpretation of the issues addressed herein is subject to change. Cole Schotz P.C. disclaims any and all liability with respect to actions taken or not taken based on any or all of the contents of this publication to the fullest extent permitted by law. This is for general informational purposes and does not constitute legal advice or create an attorney-client relationship. Do not act or refrain from acting upon the information contained in this publication without obtaining legal, financial and tax advice. For further information, please do not hesitate to reach out to your firm contact or to any of the attorneys listed in this publication.

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