FTC regs, unfair credit reporting, no disclosure

[saminalham]

What is the name of your state? TN
I am in an allied health program 9 months from graduation, and we have just been told (Jul. 29) that we have to submit and pass a background check prior to continuing in the program for the fall semester. No paramaters of the background check were given until 10 days after the email requiring the check was submitted to us (I have all documentation). Then, the paramaters stated that any misdemeanor will result in dismissal. Of course, I am appealing the decision, but can they, suddenly, without having stated during admissions, do this? They did violate FTC regulations (fair credit reporting act) by not submitting the paramaters ahead of time, and not until 10 days after my written request. Did they actually violate the regs? on www.ftc.gov/os/statutes/fcra.htm, it state"disclosure on request of nature and scope of investigation. Any person who procures of causes to be prepared an investigative consumer report on any consumer shall, upon written request made by the consumer within a reasonable period of time after the receipt by him of the disclosure required by subsection (a)(1) of this section, make a complete and accurate disclosure of the nature and scope of the investigation requested. This disclosure shall be made in a writing mailed, or otherwise delivered, to the consumer not later than five days after the date on which the request for such disclosure was received from the consumer or such report was first requested, whichever is the later." Help! My hearing with admin. is Thursday (they told me that today)
Thanks

 

[saminalham]

More to the story

What is the name of your state?What is the name of your state? Tennessee
JHACO, according to our school has suddenly required background checks on all students that are 9 months from graduation in an allied health program. According to Tennessee Codes, Authoization and regulation of postsecondary education institutes and their agents,(1540-1-2-.11) (5) "Full time students should have a reasonable expectation to complete programs as printed in the institutional catalogt at the time of enrollment". I may be forced out of this program because of a misdemeanor (implied consent) that came up on a background check required July 29 of this year. There is NO documentation that background checks would be a requirement during admissions, and the catalog still does not state this. I have the list for pre-clinical requirements from last year that does not have the background check info on it. My school's answer to this question (Dean of Allied Health) was that the school's catalog is ambiguous enough to allow the school to change policy in the middle of a curriculum. Is this legal? I have to go in front of the "advisory board" (created today) and plead my case to them on Thursday. I was just informed of this today by the Dean. Help!

I am just adding more details.
Sorry for the 'novel'

 

[Veronica1228]

I'm confused. Is this a criminal background check or are they pulling your credit report?

 

[saminalham]

criminal background check

Do criminal background checks not fall under that jurisdiction? (FCRA) I was under the impression that they did because they were "consumer reports".
Thanks

 

[Veronica1228]

Do criminal background checks not fall under that jurisdiction? (FCRA) I was under the impression that they did because they were "consumer reports".
Thanks

Sorry. It does not. FCRA has to do with credit, hence the title of the Act.

 

[saminalham]

maybe it does

Then why, on my copy of the report, does it say:This report is provided to the consumer as required by the FCRA. (US CODE TITLE 15) Section 606 disclosure of consumer/investigative consumer reports. There was no credit check in the entire document, nor was one requested. Why would they put the code on the front if it doesn't apply.
Thanks

 

[Veronica1228]

Then why, on my copy of the report, does it say:This report is provided to the consumer as required by the FCRA. (US CODE TITLE 15) Section 606 disclosure of consumer/investigative consumer reports. There was no credit check in the entire document, nor was one requested. Why would they put the code on the front if it doesn't apply.
Thanks

Well, according to the Act itself it only mentions credit reports.

§ 602. Congressional findings and statement of purpose [15 U.S.C. § 1681]

(a) Accuracy and fairness of credit reporting. The Congress makes the following findings:

(1) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system.

(2) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers.

(3) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers.

(4) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer's right to privacy.
(b) Reasonable procedures. It is the purpose of this title to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this title.

 

[saminalham]

what about 606

606. Disclosure of investigative consumer reports

(a) A person may not procure or cause to be prepared an investigative consumer report on any consumer unless--
(1) it is clearly and accurately disclosed to the consumer that an investigative consumer report including information as to his character, general reputation, personal characteristics, and mode of living, whichever are applicable, may be made, and such disclosure (A) is made in a writing mailed, or otherwise delivered, to the consumer, not later than three days after the date on which the report was first requested, and (B) includes a statement informing the consumer of his right to request the additional disclosures provided for under subsection (b) of this section and the written summary of the rights of the consumer prepared pursuant to section 609(c);
(2) the person certifies or has certified to the consumer reporting agency that--
(A) the person has made the disclosures to the consumer required by paragraph (1); and
(B) the person will comply with subsection (b).
(b) Any person who procures or causes to be prepared an investigative consumer report on any consumer shall, upon written request made by the consumer within a reasonable period of time after the receipt by him of the disclosure required by subsection (a)(1), shall make a complete and accurate disclosure of the nature and scope of the investigation requested. This disclosure shall be made in a writing mailed, or otherwise delivered, to the
{{4-30-04 p.6610.10}}consumer not later than five days after the date on which the request for such disclosure was received from the consumer or such report was first requested, whichever is the later.

The last paragraph is the important one

 

[Veronica1228]

606. Disclosure of investigative consumer reports

(a) A person may not procure or cause to be prepared an investigative consumer report on any consumer unless--
(1) it is clearly and accurately disclosed to the consumer that an investigative consumer report including information as to his character, general reputation, personal characteristics, and mode of living, whichever are applicable, may be made, and such disclosure (A) is made in a writing mailed, or otherwise delivered, to the consumer, not later than three days after the date on which the report was first requested, and (B) includes a statement informing the consumer of his right to request the additional disclosures provided for under subsection (b) of this section and the written summary of the rights of the consumer prepared pursuant to section 609(c);
(2) the person certifies or has certified to the consumer reporting agency that--
(A) the person has made the disclosures to the consumer required by paragraph (1); and
(B) the person will comply with subsection (b).
(b) Any person who procures or causes to be prepared an investigative consumer report on any consumer shall, upon written request made by the consumer within a reasonable period of time after the receipt by him of the disclosure required by subsection (a)(1), shall make a complete and accurate disclosure of the nature and scope of the investigation requested. This disclosure shall be made in a writing mailed, or otherwise delivered, to the
{{4-30-04 p.6610.10}}consumer not later than five days after the date on which the request for such disclosure was received from the consumer or such report was first requested, whichever is the later.

The last paragraph is the important one

Even if the FCRA is not exclusive to credit reports, and I'm still not convinced that it isn't, I don't think there was any violation. If you still feel strongly that there was, however, you can file a complaint at the FTC. Just go to www.ftc.gov to do so.