What Liability Exists For Inaccurate or Incomplete Search Information?
The Fair Credit Reporting Act of 1968 (Amend. 1997) is the primary legislation providing remedies for inaccurate screening of Consumer Investigative Report information. The first line of defense lies in distinguishing between the source of the inaccurate information. As long as the inaccurate or incomplete search information is a matter of public record, under the F.R.C.A. 613(2), no liability attaches “if the current public record status of the item at the time of the report is reported.” A benefit of screening with public record or objective information is that we are allowed to rely on the contents of public records without liability, provided a system exists which allows the applicant an opportunity to examine and contest inaccurate search results. Our second line of defense, therefor, rests in educating our clients in the proper treatment of adverse applicant information. A third defense to liability is to prevent inaccurate searches through quality control procedures, which confi
