Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Employers Must Use Updated Summary of Rights Under Fair Credit Reporting Act

Author: Scarinci Hollenbeck, LLC

Date: November 2, 2018

Key Contacts

Back

The Consumer Financial Protection Bureau (CFPB) Recently Published an Updated “Summary of Your Rights” Form

New York and New Jersey employers that conduct background checks should be sure to update their forms. Effective September 21, 2018, the Consumer Financial Protection Bureau (CFPB) published an updated “Summary of Your Rights” form, which is required under the federal Fair Credit Reporting Act (FCRA).

Updated Summary of Rights Under Fair Credit Reporting Act
Photo courtesy of Lubomyr Myronyuk (Unsplash.com)

FCRA Notice and Disclosure Requirements

The FCRA, which applies when employers obtain background check information from third-party consumer reporting agencies, imposes strict notice and disclosure requirements on employers. It requires employers to notify job applicants and employees that they might use information in their consumer report for decisions related to their employment. The FCRA also requires employers to obtain written authorization to obtain the reports. This written disclosure must be in a stand-alone format separate from the job application and not contain any other content, although it may be contained with the authorization. 

When employers obtain an “investigative report,” a report based on personal interviews concerning a person’s character, general reputation, personal characteristics, and lifestyle, they must also tell the applicant or employee of his or her right to a description of the nature and scope of the investigation. In addition, employers are required to provide a copy of “A Summary of Your Rights Under the Fair Credit Reporting Act.”

When taking an adverse action, such as not hiring an applicant or terminating an employee, based on background information obtained through consumer reporting agency, the FCRA has additional requirements. Prior to taking the employment action, the employer must give the applicant or employee a notice that includes a copy of the consumer report relied upon in making the decision and a copy of “A Summary of Your Rights Under the Fair Credit Reporting Act.”

After employers take an adverse employment action, they must tell the applicant or employee (orally, in writing, or electronically): that he or she was rejected because of information in the report; the name, address, and phone number of the company that sold the report; that the company selling the report didn’t make the hiring decision, and can’t give specific reasons for it; that he or she has a right to dispute the accuracy or completeness of the report, and to get an additional free report from the reporting company within 60 days.

Amended Summary of Your Rights Form

The CFPB has revised the model form to reflect amendments to the FCRA. In May, Congress passed the Economic Growth, Regulatory Relief, and Consumer Protection Act, which requires nationwide consumer reporting agencies to provide “national security freezes” free of charge to consumers. The new legislation also mandates that whenever the FCRA requires a consumer to receive either the Summary of Consumer Rights or the Summary of Consumer Identity Theft Rights, a notice regarding the new security freeze right also must be included.

The Economic Growth, Regulatory Relief, and Consumer Protection Act also extends the minimum time that nationwide consumer reporting agencies must include an initial fraud alert in a consumer’s file from 90 days to one year. A fraud alert informs a prospective lender that a consumer may have been a victim of identity theft and requires that the lender take steps to verify the identity of anyone seeking credit in the consumer’s name.

The revised Summary of Your Rights form, which is available here, includes the above changes to the FCRA. To mitigate the impact of these changes on users of the existing model forms, the CFPB’s interim final rule provides that the Bureau will regard the use of the old model forms (dated November 14, 2012) to constitute compliance with the FCRA, so long as a separate page that contains the additional required information is provided in the same transmittal. 

Key Takeaway for New York and New Jersey Employers

The FCRA has consistently been a litigation trap for unwary businesses. Given that the improper use or non-use of the Summary of Rights form has been the subject of class-action lawsuits, employers should verify that they are using the correct version of the form or providing the new information now required under the FCRA.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
What Every Real Estate Investor Should Know Before Buying a Rental Property post image

What Every Real Estate Investor Should Know Before Buying a Rental Property

Before buying a New Jersey rental property, an investor should verify realistic operating numbers, the property’s legal and regulatory status, lead-based paint and flood compliance, the existing leases and tenant protections, and the right ownership structure. A rental property is more than a piece of real estate; it is an operating business subject to legal, […]

Author: Donald M. Pepe

Link to post with title - "What Every Real Estate Investor Should Know Before Buying a Rental Property"
Can You Change an Irrevocable Trust in New Jersey? post image

Can You Change an Irrevocable Trust in New Jersey?

In New Jersey, an irrevocable trust can sometimes be modified even though its name suggests otherwise, and one of the primary tools for doing so is a process called decanting. Whether decanting is available depends on the specific terms of the trust and the discretion given to the trustee. Key takeaways: New Jersey has no […]

Author: Marc J. Comer

Link to post with title - "Can You Change an Irrevocable Trust in New Jersey?"
How Intellectual Property Valuation Will Impact Business Transactions post image

How Intellectual Property Valuation Will Impact Business Transactions

Intellectual property valuation determines the monetary value of a business’s IP assets, and it drives outcomes in licensing deals, joint ventures, mergers and acquisitions, financing, and ownership disputes. The most valuable assets of a business are often the things that cannot be seen or touched: a proprietary process, a copyrighted work, brand recognition, or the […]

Author: Jay McDaniel

Link to post with title - "How Intellectual Property Valuation Will Impact Business Transactions"
Data Center, Dark Fiber, and Lit Services Agreements in New Jersey: Key Terms and Legal Pitfalls post image

Data Center, Dark Fiber, and Lit Services Agreements in New Jersey: Key Terms and Legal Pitfalls

For New Jersey data center owners and operators, a service agreement may look routine when it is signed. The network is functioning, the vendor is meeting its installation schedule, and the parties have agreed on pricing and performance specifications. The provisions that seem most important at that stage are often the technical ones. That changes […]

Author: George McGowan

Link to post with title - "Data Center, Dark Fiber, and Lit Services Agreements in New Jersey: Key Terms and Legal Pitfalls"
Fort Monmouth Redevelopment and the Transformation of Monmouth County Real Estate post image

Fort Monmouth Redevelopment and the Transformation of Monmouth County Real Estate

The Fort Monmouth redevelopment has entered its execution phase, and it is repositioning the broader Monmouth County real estate market. When Netflix and the Fort Monmouth Economic Revitalization Authority closed on the 292-acre Mega Parcel in December 2025, the transaction did more than hand over a deed. It marked the moment Fort Monmouth stopped being […]

Author: Donald M. Pepe

Link to post with title - "Fort Monmouth Redevelopment and the Transformation of Monmouth County Real Estate"
Local Zoning and Land Use Rules Every New Jersey Rental Property Owner Should Understand post image

Local Zoning and Land Use Rules Every New Jersey Rental Property Owner Should Understand

Owning a residential rental property in New Jersey involves more than finding tenants and collecting rent. Property owners must comply with a combination of state laws, municipal ordinances, building and housing codes, and zoning and land use regulations. These requirements can affect everything from the number of dwelling units permitted at a property to whether […]

Author: Donald M. Pepe

Link to post with title - "Local Zoning and Land Use Rules Every New Jersey Rental Property Owner Should Understand"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!