What are the disclosure and authorization requirements under the California law with respect to a California employer who procures a background check on a California resident?
California employers should recognize that the terms “consumer report” and “investigative consumer report” have different meanings under the federal Fair Credit Reporting Act, 15 U.S.C. 1681 et seq., (“FCRA”) and the California Investigative Consumer Credit Reporting Agencies Act (“ICRAA”), Cal. Civ. Code 1786 et seq. The ICRAA definition of an “investigative consumer report” is much broader than that of the FCRA. The ICRAA defines an investigative consumer report as a consumer report in which information on a consumer’s character, general reputation, personal characteristics, or mode of living is obtained through any means. Under the FCRA, an investigative consumer report is a subset of a consumer report, wherein this type of information is obtained through personal interviews. The ICRAA disclosure/authorization requirements for preparing an investigative consumer report for employment purposes include (also refer to 1786.16): • The person procuring or causing the report to be made ha
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