(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.
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?
Yes, so long as you include a picture so XYZ can make a
determination of whether there is a match.
Yes, so long as you include an explanation with your report
that explains the information you have provided.
A and B
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.