Volume 10, Edition 1, January 2014
 

This Month’s Challenge is sponsored by:



 
 
 
 

Correct!

(C) Pursuant to Section 1681e(c), “a consumer reporting agency may not prohibit a user of a consumer report furnished by the agency on a consumer from disclosing the contents of the report to the consumer, if adverse action against the consumer has been taken by the user based in whole or in part on the report.”


Question:
ABC consumer reporting agency provided XYZ a consumer report regarding applicant John Doe. XYZ declined to hire John Doe. There were reports of past criminal acts of a sexual nature in the consumer report. ABC and XYZ's contract prohibits XYZ from disclosing the consumer report to Mr. Doe. Is this prohibition permissible?

a. Yes.

b. Yes, so long as Mr. Doe is made aware of the fact he can obtain the report from ABC.

c. It depends on whether XYZ made its decision based on any information from the report.

d. No




 

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