Primary Source Verification vs Simultaneous Notice

Webinar Series: Primary Source Verification vs. Simultaneous Notice
Commercial Investigations LLC
www.commercialinvestigationsllc.com
About:
Melissa
Ramsey
Melissa Ramsey - Investigator
 Joined Commercial Investigations LLC in
October 2011
 Bachelors of Arts Degree from Siena College
 Advanced Certification under the Fair Credit
Reporting Act
 Contact:
800-284-0906 Ext. 205
melissaramsey@commercialinvestigationsllc.com

About:
Christopher
Brinkman
Christopher Brinkman - Investigator
 Joined Commercial Investigations LLC in
June 2013
 Bachelors of Arts Degree in Criminal Justice
from SUNY Albany
 Basic Certification under the Fair Credit
Reporting Act
 Contact:
800-284-0906 Ext. 218
chrisbrinkman@commercialinvestigationsllc.com

About:
Michelle
Pyan
Michelle Pyan - President
 Started Commercial Investigations LLC in
March 2004
 Licensed Private Investigator
 Ran her first background investigation in
1991
 Contact:
800-284-0906 Ext. 202
michellepyan@commercialinvestigationsllc.com

 CI Value: Do the right thing,
always.
 Background Investigations are
NOT a Commodity
 Major Differentiator
 Most Respectful to the Subject
 Positive Identification
 Concerned CRAs (Consumer
Reporting Agencies; e.g.
Commercial Investigations LLC)

Employment background screening firms
participating in Concerned CRAs pledge to verify the
accuracy of information provided and avoid
offshoring Americans’ personal information.

Responsible Use of Criminal Records Database
When using criminal records in databases in the context of
employment-related screening, exclusive of the screening of
volunteers, tenants, and other non-employment
relationships:
 1. Criminal records databases compiled by non-
government entities will only be used as indicators of
possible records. Prior to making any report to an
employer about a criminal record from a database, the
CRA will verify the information directly with the reporting
jurisdiction. This ensures that employers make decisions
based on accurate and up-to-date information.
 2. Current or prospective employer clients will be
provided information about the limited nature of criminal
records databases and the importance of researching
each applicant’s criminal history in the jurisdictions in
which the applicant currently or previously has lived or
worked.
Ultimately, we are concerned that ongoing media coverage
related to errors in background checks and the potential for
litigation and overreaching legislative solutions place our
profession at risk.

 Cheap
 Not Responsible
 Very Devastating to the Subject
 Quick Turn Around Time
 Not Accurate
 Not Up To Date
 Increased Risk of Litigation to End
Users of Reports
 Public Relations Problems by the
End Users of the Reports

The Law
Section 613:
FCRA
(Fair Credit
Reporting
Act)
“In general. A consumer reporting
agency which furnishes a consumer
report for employment purposes and
which for that purpose compiles and
reports items of information on
consumers which are matters of public
record and are likely to have an adverse
effect upon a consumer’s ability to
obtain employment shall:”
§ 613. [15 U.S.C. § 1681k]

The Law
Section 613:
FCRA
(Fair Credit
Reporting
Act)
 Simultaneous Notice:
1. “at the time such public record
information is reported to the user
of such consumer report, notify the
consumer of the fact that public
record information is being
reported by the consumer
reporting agency, together with the
name and address of the person
to whom such information is being
reported; or”
§ 613. [15 U.S.C. § 1681k]

The Law
Section 613:
FCRA
(Fair Credit
Reporting
Act)
 Primary Source Verification:
1. “maintain strict procedures designed to
insure that whenever public record
information which is likely to have an
adverse effect on a consumer’s ability to
obtain employment is reported it is
complete and up to date. For purposes of
this paragraph, items of public record
relating to arrests, indictments,
convictions, suits, tax liens, and
outstanding judgments shall be
considered up to date if the current public
record status of the item at the time of the
report is reported.”
§ 613. [15 U.S.C. § 1681k]

Simultaneous
Notice:
Explanation
This Option allows for reporting of such
information found in a criminal record database
is not validated, it is relayed to both the user
and subject at the same time regardless of
accuracy. This process is undertaken by the
large data brokers in the background screening
industry.

The client then has to look through the results
to either confirm or deny if this is actually their
applicant. And with a name of John Smith, you
can only imagine how many criminal results you
will have to sort through.
The client still has to follow the
PreAdverse/Adverse Action Notice.
Simultaneous
Notice:
Explanation

Primary
Source
Verification:
Explanation
This allows for the reporting of information to
the employer once the background screening
company follows procedures to make sure the
information that will be reported is complete
and up to date.

The matches that we find are then researched
again at the Primary Source of the data (e.g. the
county court that actually heard the criminal
case, the sex offender registry, etc.).
Primary
Source
Verification:
Explanation

The Law
Section 614:
FCRA
(Fair Credit
Reporting
Act)
“Whenever a consumer reporting agency prepares an
investigative consumer report, no adverse information
in the consumer report (other than information which
is a matter of public record) may be included in a
subsequent consumer report unless such adverse
information has been verified in the process of
making such subsequent consumer report, or the
adverse information was received within.”
§ 614. [15 U.S.C. § 1681l]

Case:
PSV
Example
Examples of Primary Source Verification
Procedures Used by Commercial Investigations
 Criminal records listed in Origin
 CI will run County search according
to where offense took place
 Criminal records listed in Cursory
Indicator New York
 CI will run New York Statewide
Why run Primary Source Verification?
 Allows for reduction in mismatched
names, wrong state of residences, other
missed identifiers, etc….

Case:
PSV
Example
Case Example: Kevin Jones
 Applied for a Job at Halstead Management to be a
doorman
 Background Check done by Sterling Infosystems
 Sterling found felony and misdemeanor
convictions
 Same DOB, but different middle name and
different race to the Kevin Jones the report was
done on
 Company did not go through all identifiers and
lied about obtaining official court records
 As the saying goes, “if you are going to do
something, do it right” and be sure to always ask
questions!

About
Us:
Commercial
Investigations
LLC
 Commercial Investigations LLC (CI) is a
certified woman owned enterprise and NYS
licensed private investigative agency.
 Our vision is to be the most innovative and
educational background investigations
partner.

Cites:
 http://www.consumer.ftc.gov/articles/pdf-
0111-fair-credit-reporting-act.pdf
 http://www.nydailynews.com/new-
york/bad-background-check-cost-
manhattan-dad-job-suit-article-1.1777819

Presented by:
Melissa Ramsey, Chris Brinkman & Michelle Pyan
(800) 284-0906
facebook.com/commercialinvestigationsllc
twitter.com/CI_LLC
linkedin.com/company/commercial-investigations-llc
info@commercialinvestigationsllc.com
http://pinterest.com/proactivetruth/

The information provided in this presentation
does not constitute legal or accounting advice. It
is for information and discussion purposes only.
This presentation may not be reproduced without
the written consent of the author.

Primary Source Verification vs Simultaneous Notice

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