Your FCRA Summary
of Rights

What Is the FCRA?

The Fair Credit Reporting Act (FCRA) is a federal law that promotes the accuracy, fairness, and privacy of information in the files of consumer reporting agencies (CRAs). A CRA is any person or company that, for a fee, habitually assembles or evaluates consumer credit information or other information about consumers for the purpose of furnishing consumer reports to third parties.

ClearPoint Screening Solutions operates as a consumer reporting agency specializing in employment background checks and drug testing. When we compile a report about you for an employer, the FCRA protects you.

Consumer reports can include information about your character, general reputation, personal characteristics, or mode of living, as well as criminal history, employment history, education records, and drug test results.

Your Core Rights

The following is a summary of your major rights under the FCRA. For more information, including information about additional rights, go to www.consumerfinance.gov/learnmore or write to:

The FCRA grants you the following major rights, each of which is explained in detail in the sections below:

• The right to know when information in your file has been used against you
• The right to know what is in your file
• The right to ask for a credit score (for credit reports)
• The right to dispute incomplete or inaccurate information
• Consumer reporting agencies must correct or delete inaccurate, incomplete, or unverifiable information
• Consumer reporting agencies may not report outdated negative information
• Access to your file is limited to those with a permissible purpose
• You must give your consent for reports to be provided to employers
• You may limit "prescreened" offers of credit and insurance based on your file
• You may seek damages from violators
• Identity theft victims and active duty military personnel have additional rights

Access Your Reports

Right to Know What Is in Your File

You may request and obtain all the information about you in the files of a consumer reporting agency (your "file disclosure"). You will be required to provide proper identification, which may include your Social Security number. In many cases, the disclosure will be free. You are entitled to a free file disclosure if:

• A person has taken adverse action against you because of information in your credit report
• You are the victim of identity theft and place a fraud alert in your file
• Your file contains inaccurate information as a result of fraud
• You are on public assistance
• You are unemployed but expect to apply for employment within 60 days

In addition, all consumers are entitled to one free disclosure every 12 months upon request from each nationwide credit bureau and from nationwide specialty consumer reporting agencies. See consumerfinance.gov/learnmore for additional information.

Right to Know When Your File Is Used Against You

If a person takes adverse action against you that is based in whole or in part on any information in a consumer report, that person must tell you about it. This must include the name, address, and phone number of the consumer reporting agency that provided the information.

Dispute Inaccurate Info

You have the right to dispute incomplete or inaccurate information. If you identify information in your file that is inaccurate or incomplete and report it to the consumer reporting agency, the agency must investigate unless your dispute is frivolous.

The Dispute Process

Outdated Information

In most cases, a consumer reporting agency may not report negative information that is more than seven years old, or bankruptcies that are more than 10 years old.

Employment Screening

Your written consent is required before a report may be provided to your current or prospective employer. The consent must be in a document separate from your job application. A consumer reporting agency may not provide a report to an employer for employment purposes without your written authorization.

What Must Be Disclosed

Before an employer orders a consumer report about you for employment purposes, the employer must:

• Provide you a clear and conspicuous disclosure that a consumer report may be obtained
• Present that disclosure in a document consisting solely of the disclosure (stand-alone document)
• Obtain your written authorization

Investigative Consumer Reports

Before a prospective employer can obtain an investigative consumer report, a report based in whole or in part on personal interviews concerning your character, general reputation, personal characteristics, and mode of living, the employer must:

• Provide you written notice within three days of requesting the report
• Tell you that you may request a description of the nature and scope of the inquiry
• Certify to the consumer reporting agency that the notice requirements are being complied with and that the information will not be used in violation of any applicable federal or state equal employment opportunity law or regulation

Adverse Action Rights

If an employer takes "adverse action" against you based in whole or in part on a consumer report, such as declining to hire you, terminating your employment, or denying a promotion, the employer must follow a specific two-step process:

Step 1, Pre-Adverse Action Notice

Before taking adverse action, the employer must provide you with:

• A copy of the consumer report used to make the decision
• A copy of this FCRA Summary of Rights
• A reasonable period of time (generally considered to be at least five business days) to review the report and respond before the adverse action is finalized

Step 2, Final Adverse Action Notice

After the waiting period, if the employer proceeds with the adverse action, they must provide a final adverse action notice that includes:

• Notice that adverse action has been taken
• The name, address, and phone number of the consumer reporting agency that provided the report
• A statement that the consumer reporting agency did not make the adverse decision and is unable to explain why the decision was made
• A notice of your right to obtain a free copy of your report from the CRA within 60 days
• A notice of your right to dispute inaccurate or incomplete information

Identity Theft

If you believe you are a victim of identity theft and have placed a fraud alert in your credit file, you have additional rights under the FCRA:

• You are entitled to a copy of fraudulent records relating to transactions made in your name
• Businesses and credit reporting agencies must block reporting of information they know or come to believe resulted from identity theft
• You may prevent businesses from reporting information that resulted from identity theft

Active duty military personnel also have additional rights, including the right to place an active duty alert to help prevent identity theft while serving away from home.

Medical Information

Consumer reporting agencies may not report medical information for employment purposes without your specific written authorization. This applies to conditions, treatments, prognoses, or any other health-related information.

Drug test results (positive or negative) that are reported in connection with employment screening are governed by applicable state and federal law, including DOT regulations where applicable. Results are treated as confidential and are only disclosed to the requesting employer and appropriate regulatory authorities as required by law.

Enforcement & Remedies

You may have the right to bring a civil lawsuit against a consumer reporting agency, user of a consumer report, or furnisher of information to a consumer reporting agency who violates the FCRA.

What You Can Recover

• Actual damages, compensation for any real harm caused by the violation
• Statutory damages, between $100 and $1,000 per violation, even without proving actual harm, in cases of willful non-compliance
• Punitive damages, in cases of willful violations, at the court's discretion
• Attorney's fees and court costs, if you prevail in your lawsuit

Where to File a Complaint

You may file a complaint about consumer reporting agencies, users of reports, or furnishers of information with:

• The Consumer Financial Protection Bureau (CFPB) at consumerfinance.gov or 1-855-411-2372
• The Federal Trade Commission (FTC) at ftc.gov or 1-877-382-4357
• Your state attorney general's office

Questions? Contact ClearPoint

If you have received a consumer report from ClearPoint Screening Solutions and have questions about your rights, want to dispute information, or need to request a copy of your file, please contact us: