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COMPLIANCE WITH STATE AND FEDERAL FAIR CREDIT REPORTING ACTS

The Federal Fair Credit Reporting Act (FCRA) was enacted in the early 1970s. The Consumer Credit Reporting Reform Act of 1996 became effective October 1, 1997. In November, 1998, the President signed into law the Consumer Reporting Employment Clarification Act of 1998. The Act and it's amendments are intended to assure that property owners and managers adopt reasonable procedures for meeting the needs of the prospective resident in a manner that is fair and equitable.

An employer may not procure, or cause to be prepared, an investigative consumer report unless the prospective employee is provided a summary of the consumer's rights. Additionally, before taking any adverse action based on a report for employment purposes, the employer shall provide to the employee/ applicant a copy of the report prepared by POE and the notice of the consumer's rights. POE recommends the following forms/letters:

Summary of Rights

NOTICE TO USERS OF CONSUMER REPORTS

NOTICE TO FURNISHERS OF INFORMATION

Pre Adverse Action Letter

Post Adverse Action Letter

Disclosure

Employee Authorization

A complete copy of the FCRA and its amendments may be obtained by visiting the Federal trade Commission's web site ftc.gov

Contact POE for a complete copy of your state's consumer credit reporting law.

The FCRA gives several different federal agencies authority to enforce the FCRA.
Click here to view agencies.

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