Correct!

(D) In United States of America v. Infotrack Information Services, Inc. and Steven Kaplan, Case No. 14-CV-2054 (N.D. Ill.), a Final Judgment and Order for Civil Penalties, Permanent Injunction, and Other Equitable Relief was entered which included findings on this very issue. A fine in the amount of $1M was entered against the defendants, with a requirement to provide notices to any individuals who may have been affected by a consumer report which included the National Sex Offender Registry records of more than one individual.

Your client, XYZ Corporation, orders background screening on potential employment applicants and requests that this include information about whether the Applicant is registered in a National Sex Offender Registry. XYZ provides you with the potential employees first and last name, along with a date of birth to aid you in your screening. When you do your search you discover that some of the individuals listed on the National Sex Offender Registry do not have their dates of birth included. To ensure that you provide a complete report to XYZ you provide a printout of any possible matches to XYZ. Is this an appropriate way to deal with this issue?

a. Yes, so long as you include a picture so XYZ can make a determination of whether there is a match.

b. Yes, so long as you include an explanation with your report that explains the information you have provided.

c. A and B

d. This would likely be considered a violation of the FCRA as failing to follow reasonable procedures to ensure that the information contained in the consumer report concerned the individual who was the subject of the report.