2. What is The Fair Credit Reporting
Act, Anyway?
The Fair Credit Reporting Act (FCRA) is a United States
federal law (codified at 15 U.S.C. 1681 et seq.) that
regulates the collection, dissemination, and use of
consumer information, including consumer credit
information.
Along with the Fair Debt Collection Practices Act
(FDCPA), it forms the base of consumer credit rights in
the United States. It was originally passed in 1970,[1]
and is enforced by the US Federal Trade Commission
and private litigants.
Source: http://en.wikipedia.org/wiki/Fair_Credit_Reporting_Act
3. Here are Your Rights as an
IndivudalUnder the FCRA…
BeenVerified may not be used for FCRA searches
on consumers.
Whether you’re seeking employment or already
employed, your employer mustget yourpermission
to run a background checkbefore doing so
If any negative or adverse information is found, the
provider is required to show you the information
and give you an opportunity to dispute it
4. So Wait, Can I use BeenVerified to Conduct
Employment Background Checks, Tenant Screening or
FCRA Related Background Checks?
Sorry, but absolutely not. BeenVerified is not a consumer
reporting agency as defined in the Fair Credit Reporting Act
("FCRA"), and the information contained within our website has
not been collected in whole or in part for the purpose of furnishing
consumer reports, as defined in the FCRA. You may not use any
of our information as a factor in establishing an individual's
eligibility for personal credit, insurance or assessing risks
associated with existing consumer credit obligations. You also
may not use any of our data or results for other business
transactions with another individual including, but not limited to,
leasing an apartment. Please see our Terms and Conditions page
for the complete details regarding the use of our service.
5. Why? Because the Law Says So
Disclaimer: While we are constantly updating and refining our
database and service, we do not represent or warrant that the
results provided will be 100% accurate and up to date.
BeenVerified™ is a database of publicly available sources of
information aggregated for your convenience. BeenVerified™ does
not provide private investigator services and this information
should not be used for employment, tenant screening, or any FCRA
related purposes. BeenVerified™ does not make any representation
or warranty as to the character or the integrity of the
person, business, or entity that is the subject of any search inquiry
processed through our service. None of the above-featured
companies either sponsor, endorse, or are in anyway affiliated with
BeenVerified™ or this promotion.
6. So then when should someone use
BeenVerified? Who should use BeenVerified
and for what reasons?
Large companies have been using background checks to protect their businesses
for years. Our service empowers anyone to protect their lives, the lives of their
families and their small businesses in the same way.
For example if a roofing contractor is doing an estimate for a potential client, the
contractor can use our service to help protect their business.
Bankruptcies, judgments and liens are all public information that we make
available to our members. The roofer might want to know if the potential client has
a history of being in the litigation process with other contractors. Also, to protect
their workers, they want to know the criminal history of the people who own the
house they will work in.
Another example is a parent running a background check on their child’s soccer
coach. We make it very easy for a parent to harness the power of public records
to help them make more informed decisions. Those are just two examples of non
FCRA related scenarios where a background check can be really beneficial.
7. What is a Consumer UseAnd
When is it an FCRA use?
Consumer: This is OK! FCRA: Totally not OK.
Finding a Lost Love, Family Member Finding a Nanny or Domestic Help
VerifyingPotential Roommates Tenant Screening
Checking out Your Online Date Contact Against Their Wishes
Find a Person’s Current Address Stalking or Spying on People
Checking out Yourself Stealing an Identity (Duh!)
Find Buyers and Sellers (ex Craigslist) Mortage Brokers, Credit Check, Insurance
Retrieve Public Court Records Employee Background Checking
8. It’s All About the 7s and 10s
How Long Does Negative Information Last Under FCRA?
Accounts placed for collection -> 7 Years
Bankruptcies ->10Years
Civil suits, civil judgments, records of arrest, from date of entry ->7Years
Paid tax liens-> 7 Years
Other negative information (except criminal convictions)-> 7 Years
“The most recent change to the FCRA made criminal convictions reportable
indefinetley. California still follows the seven-year rule (CA Civil Code 1786.18)
as do some other states. To find the limit of reporting criminal convictions in
your state, contact your state employment agency or office of consumer affairs.”
Source- PrivacyRights.org
9. “Because of BeenVerified I am not able to get a job.
Public records are the reason I am not getting hired.
They think I am a criminal.” --- Not so Fast…
First,we need to make it very clear thatwe’re not lawyers andareforbidden to offer
any legal advice. However, from working with lawyers, we think it’s important
foreveryoneto understand the FCRA. The FCRA are the laws that govern the way
employers are allowed to conduct background checks for hiring, landlords conduct
checks for possible tenants, as well as banks and insurance companies running
background checks on possible customers.
For example, if someone is running a background check on you for any of those
above mentioned reasons, the FCRA requires the party running the check to
inform the candidate of any information they found that is influencing their
decision.
BeenVerified makes it very clear to everyone that visits our site that our public
record searches are not FCRA compliant and BeenVerified may NOT be used for
purposes such as hiring and tenant screening. It is in our Terms of Services, in
our FAQ and in many other places throughoutoursite.
10. What if I know someone who is using
BeenVerified illegally, for FCRA?
1. Remind yourself that you’re not a lawyer…well, unless you are,
in which case, let’s talk.
2. Please, as a favor to us and our users, don’t push the
conversation in the direction of advocating such use.
3. If someone says they are using it for FCRA purposes, you must
say it is not compliant and refer them to our Terms of Service.
4. When all of the above fails, if you feel it is a definite
transgression of our Terms of Service, contact us.
11. Where Can I Find Information and
Learn More?
•TBD TBD TBD
•Privacy Rights Clearninghouse: Employment Checks: A
Jobseeker’s Guide
•Gov’t agency to report potential FCRA abuse
•Employment Lawyers
•Ect
•Ect