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The Information We Provide

 

As a consumer reporting agency, Pre-Check must be careful about how we handle your applicant’s information, what we report to you, and how we report it.

 

We cannot provide you with a report until you have certified that you have given the applicant the required disclosure statement and received written authorization for the background check. You must also certify that you will comply with the all the requirements if you use information from the background check to take adverse action against the applicant. Pre-Check requires a copy of the release with every request, which decreases the chance of any additional delay and provides us with proof that you have received permission from the applicant. We keep the copy of release on file so we can furnish it if the permission is ever questioned. If you need a copy of a signed release, contact your Pre-Check representative.

 

There is information that cannot be provided in a background check as well. If you request a credit report, we cannot provide you any information on medical bills that are in collection unless that information does not provide you with the medical condition or the name of the provider of care. We can, however, inform you that the applicant has debts in collection from a medical facility.

 

We also cannot provide you with information on any Chapter 11 proceedings or cases that fall under the Bankruptcy Act that are older than 10 years.

 

We are not allowed to report civil suits, civil judgments or records of arrest that are older than seven years OR “until the governing statute of limitations has expired,” whichever is longer.  In other words, we are allowed to provide you with records of arrest—with or without conviction—if the statute of limitations has not expired on that type of crime. 

 

Tax liens, accounts placed in collection or any other adverse information that antedates the report by more than seven years cannot be included—EXCEPT for criminal convictions.

 

There is an exception. If the applicant is reasonably expected to earn $75,000 or more, we may also provide you with information on tax liens, civil suits, Chapter 11 proceedings, or accounts placed in collection that are older than 7 years.

 

In addition, we are required to inform you of any failure to pay overdue child support as long as that failure is not more than 7 years old and has been verified by a governing agency.

 

Reporting Errors

 

 An important issue is the rule that, if one of our service providers gives us information in error, they must correct the error as soon as they become aware of it. Of course, Pre-Check will, as always, inform you immediately thereafter.

 

Disposal of Reports

 

In 2005, the FACT Act was amended to incorporate rules regarding the disposal of reports. These rules state that “disposal practices” should be “reasonable and appropriate to prevent the unauthorized access to – or use of – information in a consumer report.” The examples provided include burning, pulverizing or shredding of paper, and destroying or erasing any reports in digital formats, or “conduct due diligence and hire a document destruction contractor.” The due diligence part of the rule is important, and proof that you have obtained references or audited their operations and/or policies and procedures is required.


 

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