FCRA End User Certification FAQ

ProScreening, LLC has an “End User Certification” requirement for all background check orders. Below are FAQ’s to help our customers better understand this requirement.

 

Q. Why is this End User Certification now required?

A. The Fair Credit Reporting Act has always required Consumer Reporting Agencies (CRA) like ProScreening to obtain these certifications (promises) from our End User’s. In the past, CRA's would typically include the certification language in a service agreement, and a signed service agreement was deemed a sufficient way to obtain these required certifications.

However, times have changed, and the one-time certification included in a signed service agreement has been, and undoubtedly will continue to be, challenged in court as a sufficient end user certification.

 

Q. What exactly am I certifying when I check these boxes?

A. When you order a report, you are certifying the following:

- That you are ordering a background check for employment purposes and no other purpose.

- That you will provide the applicant with all of the required disclosure forms and obtain the applicant’s authorization to perform a background check.

- That you will not use any of the information contained in the background check to violate any state or federal EEO laws.

- That you will follow the FCRA’s pre-adverse and adverse action requirements when applicable.

If you are ordering an investigative consumer report (reports with references or employment verification) where we may interview friends, associates, neighbors, co-workers, etc. of the applicant, you are also certifying that you will provide the applicant with an additional investigative consumer report disclosure listing the applicant’s rights to obtain more information regarding the nature and scope of the investigation.

Before you can view a report, you are certifying the following:

- That you have provided the applicant with all of the required disclosure and authorization forms.

- That the applicant has authorized the procurement of the report.

- Information contained in the report will not be used in violation of any state or federal EEO laws.

- That you will follow the required FCRA pre-adverse and adverse action requirements if applicable.

If the applicant is residing in CA or will be working in the state of CA, there are additional certifications regarding CA requirements for disclosure and authorization, pre-adverse and adverse action requirements and allowing the applicant an opportunity to request a copy of his/her report.

 

Q. I thought ProScreening provides all of the disclosure and authorization forms to the applicant?

A. We do send these forms to your applicant on your behalf when you order from within the Applicant Tracking System. This means that you are automatically complying with the disclosure and authorization requirements noted in the certification. The applicant will receive the required disclosures and electronically authorize the background check. You can click here to see exactly what your applicant sees.

If you place an order outside of the Applicant Tracking System or through some other method, you will need to be certain that you are providing your applicant with the required disclosure and authorization forms before ordering a background check.

 

Q. If ProScreening is sending the required disclosure and authorization forms, why do I still need to certify to provide these forms to the applicant?

A. The Fair Credit Reporting Act was originally written and enacted in 1970, long before the use of electronic disclosure and authorization delivery and signature systems. The vast majority of CRA’s utilize some form of electronic disclosure and authorization system. Despite the advance in technology, the FCRA has yet to be amended to update the language and accommodate for such systems. Nevertheless, we are still required to obtain certifications from our end users regardless of who is fulfilling the disclosure and authorization requirement and how the requirement is being fulfilled.

 

Q. Do the disclosure and authorization forms provided to the applicant through ProScreening include the CA disclosure forms?

A. Yes. The disclosure and authorization forms provided to the applicant will include any required state forms including CA, and allow the applicant to request a copy of his/her report where required by state law. If the applicant requests a copy of his/her report, we will automatically send a copy of the report to the applicant.

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