If John Doe was making application for employment, then
ABC has violated Section 1681k(a) (Section 613) in its failure
to provide notice. However, if Mr. Doe is making application
for another permissible purpose, then there is no violation
in failing to send the notice at the time of the application.
The issue is whether the report was accurate and up to date.
(While Section 613 only requires minimal notice that public
record information has been requested by the end user, it
is best practice to provide a copy of the report as well.
In this way, if there is a dispute, it can be handled sooner
and hopefully resolved before adverse action is taken.)
consumer reporting agency provided XYZ a consumer report
regarding applicant John Doe. There were reports of past
criminal acts of a sexual nature in the consumer report
that ABC should have known would likely have an adverse
effect upon Mr. Doe's application - which it does. ABC did
not send Mr. Doe a notice at the time it sent the report
to XYZ. Has ABC exposed itself to a violation of the FCRA?
is not adequate information provided to determine this issue.
on whether Mr. Doe requested a copy of the report at the
time of the application.