What disclosures and consents are required prior to requesting a investigative consumer report?
Before requesting a consumer report (such as criminal history records, driving records, etc.), CAS Subscribers must: (1) make a clear and conspicuous disclosure in a separate document to the applicant or employee that a report may be requested; and (2) obtain written permission from the applicant or employee. A statement in the employment application that consumer reports may be obtained is no longer sufficient under the FCRA. Employers must make the disclosure in a separate document. To comply with these disclosure requirements, the Federal Trade Commission (“FTC”)1 has provided the following options to employers. (1) Make the disclosure in a separate document and obtain written authorization on the disclosure document. (2) If you include the disclosure and authorization in the employment application, you must also provide the disclosure on a separate document. (3) You may split the procedure into two parts by obtaining authorization in the application and by providing the disclosure
