Before placing an order, you must first become a client:
Please fill out the applicable forms.
|To order a background report for business transactions:||To order an employment-purpose report:
|To order an employment-purpose report (outside the SBN) Use this form to request an employment-purpose report. This form should be faxed to us along with a signed U.S. Employment Disclosure and Authorization form or the California Employment Disclosure and Authorization form (specifically for California applicants/residents) as provided below, the candidate’s job application and resume.
Required notices to the applicant/employee
The employer must provide to the applicant/employee the FCRA Summary of Rights notice before requesting an investigative consumer report (we recommend that this form be provided to the applicant/employee regardless of the type of report that is being obtained), and as the first step when intending to take adverse action against the applicant/employee based on the information contained in a consumer report/investigative consumer report.
California state applicants/residents must also be given a notice of their rights under California Civil Code Sec. 1786.22 in both English and Spanish, before procuring a consumer report/investigative consumer report, as provided below.
For New York state applicants/residents, we recommend that employers provide a copy of Article 23-A to all applicants/employees undergoing a background check, at the time that the applicant/employee is given the “disclosure and authorization” form. While a technical reading of the statute suggests that this requirement is limited to instances where the employer is requesting an “investigative consumer report” (i.e., where the information for the report is obtained through interviews, etc.), the legislative history of the statute makes it clear that the provision is intended to apply to all consumer reports. Therefore, it is our view that employers should provide the notice regardless of the type of report that is being obtained. Additionally, the employer must provide a second copy of Article 23-A to the applicant/employee if the background report contains information about a criminal conviction.
Employer’s responsibilities when requesting and using consumer reports/investigative consumer reports
The employer must certify to the consumer reporting agency (‘CRA”) that it has a “permissible purpose” for procuring a report from the CRA, and that it (1) has provided the required disclosures to the applicant or employee; (2) has obtained the requisite written authorization from the applicant or employee; (3) will not use the information contained in the report in violation of any federal or state equal opportunity law or regulation; and (4) will, if any “adverse action” is to be taken based on the consumer report, provide the applicant or employee with a copy of the consumer report and the FCRA Summary of Rights.
If the employer takes any adverse action against the applicant or employee based in whole or in part on the information contained in the report, the employer typically must follow a two-step notification process: (1) before the employer implements the adverse action against the applicant or employee, it must provide a “pre-adverse action” notice, which must include a copy of the consumer report and the FCRA Summary of Rights. If after waiting a period of time the employer decides to take the adverse action, it must provide an “adverse action” notice to the individual, which includes the information required by the statute itself, such as the contact information for the CRA [15 U.S.C. § 1681m(a)]. Below is the full text of the user responsibilities notice, as issued by the Consumer Financial Protection Bureau (“CFPB”) which recently took over rulemaking functions from the Federal Trade Commission (“FTC”).