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Showing Posts In "Legal Issues" Category

FCRA Background Check Compliance for Employers

Compliance with the Fair Credit Reporting Act (FCRA) is a must when it comes to conducting a pre-employment background check. Getting to know the FCRA will help ensure legal compliance. The set of regulations helps manage creditors’ and potential employers’ access to people’s private data. Employers must obtain written consent from an employee or candidate […]

When Is a Company That Does Background Checks Considered a Consumer Reporting Agency?

Under the Fair Credit Reporting Act (FCRA), a background checking report is a consumer report when it serves as a factor in determining a person’s eligibility for employment, credit, insurance, housing, or other permissible purposes and includes information “bearing on a consumer’s creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of […]

What All Illinois Employers Need to Know About Illinois’ New Background Check Law

Senate Bill 1480 (SB 1480) was signed into law in Illinois, amending the Illinois Human Rights Act to impose robust new restrictions and obligations on employers’ use of background checks in the state. Employers are no longer permitted from making adverse employment decisions based on an individual’s conviction record except in two circumstances: 1. There […]

Divided Second Circuit Rejects Race Discrimination Claim Tied to Criminal Convictions Client Alerts

The full Second Circuit Court of Appeals recently denied an en banc petition to review the dismissal of a class action that involved a disparate impact claim. An earlier panel of the Second Circuit concluded that the claim in Mandala v. NTT Data, Inc., relied on nationwide criminal conviction statistics, not the conviction rates among […]

Ten Key FCRA Decisions of 2020

In addition to the continued increase in the number of Fair Credit Reporting Act (FCRA) case filings, 2020 also saw several key decisions handed down by federal courts. These relate to diverse issues like matching procedures of credit reporting agencies (CRAs), Article III standing, the meaning of “maximum possible accuracy” and preemption of state credit […]

State Background Check Laws That Are Changing in 2021

Employment laws from state to state prevent private employers from looking into an applicant’s criminal or credit histories, even though this is an important factor in making hiring decisions. Most states and even some cities have laws in place that allow criminal background checks or forbid them and in other states, employers in certain industries […]

Big News for Background Screening: New Appellate Ruling Says FCRA Permits Reporting Unmatched Criminal Records

The U.S. Court of Appeals for the Eleventh Circuit confirmed in December that it is not inaccurate for a consumer reporting agency (CRA) to report a criminal or sex-offender record without matching the record to a subject consumer, so long as the CRA notifies the user that the record needs further investigation before being attributed […]

Staffing Firms & Background Screening

Consent is one of three important tools for staffing agencies to consider when screening temporary employees. The Fair Credit Reporting Act (FCRA) states that an employer must provide disclosure to and obtain consent from a candidate prior to obtaining a background check. Staffing agencies can help their clients avoid co-employment risk by certifying that a […]

Authorization and Disclosure Forms

In order to check for industry best practices, it is important for businesses to review FCRA Authorization and Disclosure forms on a regular basis. A few basics include: obtaining authorization before a background check on a form that acknowledges the screening will be conducted, stands alone and is signed by the job applicant, either in […]

The CFPB Taskforce Recommends Limits on FCRA Class Action Awards in Report

The Consumer Financial Protection Bureau’s (CFPB) Taskforce on Federal Consumer Financial Law Report has issued a two-volume report on “how to improve consumer protection in the financial marketplace.” Volume I of the report outlines the history and present landscape of a wide variety of consumer protection laws that are currently in place, while Volume II […]


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