Employer checked my credit without asking

[drivingmecrazy]

What is the name of your state (only U.S. law)? California

My wife and I ran our credit recently and found that our employers ran a credit check on us without our permission. IS this legal???

 

[mlane58]

Under FCRA, an employer cannot get consumer reports unless the employees have been notified that reports may be obtained and have given their written permission. If the employees gave the employer written permission in the past, the employer need only make sure that the employees receive or have received a "separate document" notice that reports may be obtained during the course of their employment — no more notice or permission is required.

 

[drivingmecrazy]

you wrote:
mlane58 Under FCRA, an employer cannot get consumer reports unless the employees have been notified that reports may be obtained and have given their written permission. If the employees gave the employer written permission in the past, the employer need only make sure that the employees receive or have received a "separate document" notice that reports may be obtained during the course of their employment — no more notice or permission is required.

Is there a course of action we can take against them and if so, what?

 

[mlane58]

Did you sign an authorization in the past? and is there any separate document notice that reports may be obtained during the course of your employment? If not, file a complaint with the Federal Trade Commission.

 

[drivingmecrazy]

No. And no. I checked with my wife and the same for her.

 

[mlane58]

You had better be sure bfore you make a complaint. Most employers have applicants sign these authorizations at timer of hire.

 

[drivingmecrazy]

Hmm, the original application was 8 1/2 years ago. If it were on there, which I do not have a copy of would it still be valid? And if so, shouldnt they notify you that they are checking your credit?

 

[cbg]

mlane, doesn't FCRA only apply if the employer has a third party run the check? If they did it themselves, I don't think FCRA has anything to say about it.

 

[mlane58]

Section 604(b) of the FCRA requires any employer who intends to obtain a consumer report for employment purposes to disclose this to the applicant or employee (in a document that consists solely of the disclosure) and to obtain the applicant or employee's written permission. FCRA goes on to state under Section 606(a)(1)(A) requires any person procuring an investigative consumer report to disclose this fact to the affected consumer not later than three days after the date on which the report was first requested.

 

[drivingmecrazy]

Section 604(b) of the FCRA requires any employer who intends to obtain a consumer report for employment purposes to disclose this to the applicant or employee (in a document that consists solely of the disclosure) and to obtain the applicant or employee's written permission. FCRA goes on to state under Section 606(a)(1)(A) requires any person procuring an investigative consumer report to disclose this fact to the affected consumer not later than three days after the date on which the report was first requested.

- Neither one of us were advised.

 

[mlane58]

Hmm, the original application was 8 1/2 years ago. If it were on there, which I do not have a copy of would it still be valid? And if so, shouldnt they notify you that they are checking your credit?

Thats why I said you need to check your employee file and see if this notifcation was made 8 1/2 years ago and if not file a complaint with FTC.

 

[drivingmecrazy]

got it. one more problem. I am no longer with the company as of July

 

[cbg]

That's okay. CA is one of the states where you have the guaranteed right to see portions of your personnel file (in the case of CA, you have the right to see anything you have signed) and while I'm not where I can look it up at the moment, I'm 99% sure that right continues for several months after you leave your employment. Employee friendly as CA is, I can't imagine that they would cut off that right on your last day of work.

Contact HR at your former employer and ask to make an appointment to see your file.

 

[mlane58]

* Former employees are entitled to inspect personnel files for the limitations period applicable to any violations of the law the employee may claim occurred as a result of the violation. Because limitations periods may vary, the state generally provide access to former employees within two years of termination.

However, requirements DO NOT apply to:
· Records relating to the investigation of a possible criminal offense;· Letters of reference;
· Ratings, reports or records that were:
a) obtained prior to the employee’s employment,
b) prepared by identifiable examination committee members, or
c) obtained in connection with a promotional examination.

 

[drivingmecrazy]

thank you for your help and information this morning. It is greatly appreciated!