The Summary of Rights Under the FCRA is a required disclosure employers must give candidates during the background screening process, prior to procuring an Investigative Consumer Report (ICR). An Investigative Consumer Report is one that includes subjective opinions about the candidate, such as reference checks. It is a best practice to provide this Summary of Rights with the standard consumer report disclosures when requesting any type of background check, even when it does not meet the ICR definition. The Summary of Rights disclosure must also be sent to the candidate or employee along with the Pre-Adverse Action letter, when applicable.
On March 17, 2023, the Consumer Financial Protection Bureau (CFPB) published an updated version of the Summary of Rights pursuant to the Updated and Corrected Agency Contact Information Rule. You can read the Federal Registrar Notice of the Update here. This update includes updated contact information for several entities.
You can download the English and Spanish versions of the current Summary of Rights here: CFPB Model Forms and Disclosures.
Employers should save this information in their hiring resources and use the updated disclosure to provide to candidates and employees during the background screening process. This rule takes effect April 19, 2023, and the final deadline for compliance is March 20, 2024.
Sabrina Sawyer is the CEO of Integris and the VP of HR and Business Solutions at Associated Industries, a premier employer association located in Spokane, WA.
The information provided is not intended to constitute legal advice and is for informational purposes only. Employers are strongly advised to consult with legal counsel on matters related to the Fair Credit Reporting Act.