Summary of Consumer Rights
The Summary of Rights Under the FCRA is a required disclosure employers must give candidates during the background screening process prior to procuring an Investigative Consumer Report (ICR). An Investigative Consumer Report is one that includes subjective opinions about the candidate, such as reference checks. It is a best practice to provide this Summary of Rights with the standard consumer report disclosures when requesting any type of background check, even when it does not meet the ICR definition. The Summary of Rights disclosure must also be sent to the candidate or employee along with the Pre-Adverse Action letter, when applicable.
On March 17, 2023, the Consumer Financial Protection Bureau (CFPB) published an updated version of the Summary of Rights pursuant to the Updated and Corrected Agency Contact Information Rule. You can read the Federal Registrar Notice of the Update here. This update includes updated contact information for several entities.
You can download the English and Spanish versions of the current Summary of Rights here: CFPB Model Forms and Disclosures. However, please note that the CFPB published this disclosure with a missing phone number on page 2 for consumers to call to opt out of prescreened credit and insurance offers.
Our background screening partner, Integris, contacted the CFPB directly regarding the omission and was advised to watch for an announcement of the corrected form. Integris has verified that the telephone number on the previous Summary of Rights is still correct and has been advised that it is permissible to add the correct phone number back into the disclosure. The updated disclosures are attached below.
Employers should save this information in their hiring resources and use the updated disclosure to provide to candidates and employees during the background screening process. This rule takes effect on April 19, 2023, and the final deadline for compliance is March 20, 2024.
Summary of Rights Under the FCRA.pdf | Summary of Rights Under the FCRA (Spanish).pdf
If you currently use Integris for background screening, the updated disclosure has already been sent to you and updated in the online portal, including the electronic disclosures in the applicant portal.
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