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Is the “Important Notice Regarding Background Reports from the PSP Online Service” form mandatory in order to participate in the PSP?

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Is the “Important Notice Regarding Background Reports from the PSP Online Service” form mandatory in order to participate in the PSP?

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No. The template provided in the enrollment packet is a “sample” disclosure form that NIC made available to motor carriers enrollees. The enrollee is not required to use this sample. FMCSA/NIC only requires that the release used by motor carriers contain certain information relating to the applicable sections of the Fair Credit Reporting Act (FCRA; 15 U.S.C. 1681 et seq.). These requirements are addressed in the Monthly Account Holder FCRA Employer Certification and the Monthly Account Holder Agreement on pages 7, 13-14. FMCSA and NIC encourage motor carriers to seek their own legal counsel with respect to the proper format and content of the notice.

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