2023 Background Check Auth. Form All Other State Notices
2023 Background Check Auth. Form All Other State Notices
If you live or work for the Company in the states listed below, please note the following:
MARYLAND: If the Company obtains credit history information on you, it will be used to evaluate whether you would
present an unacceptable risk of theft or other dishonest behavior in the job for which you are being considered.
MASSACHUSETTS: If you submit a request to us in writing, you have the right to know whether the Company ordered
an investigative consumer report from Data Facts, Inc. (Data Facts), 8000 Centerview Pkwy, Suite 400, Cordova, TN
38018, (800) 813-4381, www.datafacts.com. You may inspect and order a free copy of the report by contacting Data
Facts, Inc. (Data Facts), 8000 Centerview Pkwy, Suite 400, Cordova, TN 38018, (800) 813-4381, www.datafacts.com.
Under Massachusetts law, an employer is prohibited from making written, pre-employment inquiries of an applicant
about his or her criminal history. MASSACHUSETTS APPLICANTS SHOULD NOT RESPOND TO ANY OF THE QUESTIONS
SEEKING CRIMINAL RECORD INFORMATION.
NEW JERSEY: If you submit a request to us in writing, you have the right to know whether the Company ordered an
investigative consumer report from Data Facts, Inc. (Data Facts), 8000 Centerview Pkwy, Suite 400, Cordova, TN
38018, (800) 813-4381, www.datafacts.com. You may inspect and order a free copy of the report by contacting Data
Facts, Inc.
MINNESOTA: If you submit a request to us in writing, you have the right to get from the Company a complete and
accurate disclosure of the nature and scope of the consumer report or investigative consumer report ordered, if any.
OREGON: If the Company obtains credit history information on you, it will be used to evaluate whether you would
present an unacceptable risk of theft or other dishonest behavior in the job for which you are being considered.
WASHINGTON STATE: If you submit a request to us in writing, you have the right to get from the Company a complete
and accurate disclosure of the nature and scope of the investigative consumer report we ordered, if any. You also
have the right to ask Data Facts, Inc. (Data Facts), 8000 Centerview Pkwy, Suite 400, Cordova, TN 38018, (800) 813-
4381, www.datafacts.com for a written summary of your rights under the Washington Fair Credit Reporting Act. If
the Company obtains information bearing on your credit worthiness, credit standing or credit capacity, it will be
used to evaluate whether you would present an unacceptable risk of theft or other dishonest behavior in the job for
which you are being considered.
MASSACHUSETTS, MINNESOTA and OKLAHOMA applicants or employees only: Please check the box if you would
like to receive a copy of your consumer report, free of charge, if one is obtained by us.
SAN FRANCISCO: I acknowledge receipt of Employee Rights under San Francisco Police Code Article 49.
New Jersey Residents or Employees – this summary of the provisions of the New Jersey Fair Credit Reporting Act
(NJFCRA) is being provided to you pursuant to state law (N.J.S.A. § 56:11-28 et seq.)
Before an employer can obtain a consumer report about you from a consumer reporting agency they must provide
you with a clear and conspicuous disclosure in writing that such may be obtained for employment purposes. You
must provide written consent to the procurement, for employment purposes, of a consumer report.
When using a consumer report for employment purposes, before taking adverse action based in whole or in part on
the report, an employer must provide you with a copy of the consumer report and a description in writing of your
rights under the federal Fair Credit Reporting Act as well as the NJFCRA.
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You must be afforded a reasonable opportunity to dispute, with the consumer reporting agency, any information on
which the employer relied upon in your consumer report.
You can request from a consumer reporting agency all information in your file, upon proper identification. This
includes sources of information and identification of each person who procured a consumer report for employment
purposes during the two-year period preceding your request. These requests must be made during normal business
hours and on reasonable notice. It can be done in person or by telephone, if you have made a written request and
pay the toll charge. A consumer reporting agency must provide trained personnel to explain to you any information
in the consumer report.
You can dispute inaccurate information with the consumer reporting agency. If you dispute the completeness or
accuracy of any of the information in your file, the consumer reporting agency must reinvestigate free of charge
during a 30-day period. A consumer reporting agency must provide written notice to you of the results of the
reinvestigation not later than five business days after completion of the reinvestigation.
If, after a reinvestigation, any information disputed by you is found to be inaccurate or incomplete or cannot be
verified, the consumer reporting agency must promptly delete that item of information from your file or modify that
item of information, as appropriate, based on the results of the reinvestigation.
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NOTICE – BACKGROUND INVESTIGATION
If you submit a request to us in writing, you have the right to get from the Company a complete and accurate
disclosure of the nature and scope of the investigative consumer report we ordered, if any. You also have the right
to ask Data Facts, Inc. for a written summary of your rights under the Washington Fair Credit Reporting Act. If the
Company obtains information bearing on your credit worthiness, credit standing or credit capacity, it will be used to
evaluate whether you would present an unacceptable risk of theft or other dishonest behavior in the job for which
you are being considered.
Washington State Residents or Employees – this summary of the provisions of the Washington State Fair Credit
Reporting Act (WFCRA) is being provided to you pursuant to state law. The WFCRA is designed to promote accuracy,
fairness, consumer confidentiality and the proper use of credit data by each consumer reporting agency (CRA) in
accordance with the requirements of the WFCRA.
The WFCRA is modeled after, and generally provides the same rights as, the federal Fair Credit Reporting Act (FCRA)
(15 U.S.C. § 1681 et seq.) A summary of your rights under the FCRA is available at
http://files.consumerfinance.gov/f/201504_cfpb_summary_ your-rights-under-fcra.pdf. The complete text of the
WFCRA RCW 19.182, can be obtained from the Washington Code Revisers Office, P.O. Box 40551, Olympia, WA
98504, or online at http://apps.leg.wa.gov/rcw/default.aspx?cite=19.182&full=true%20-%2019.182.070. One
significant distinction between the FCRA and the WFCRA is that in Washington, an employer may not obtain a
consumer report that indicates the consumer’s credit worthiness, credit standing, or credit capacity, unless (1) the
information is substantially job related and the employer’s reason(s) for using the information are disclosed in
writing, or (2) the information is required by law.
• You will be required to provide proper identification before reviewing your consumer file. Proper identification
may include your Social Security number. You may request to review your file at any time. A CRA will make
disclosures of your file available to you during normal business hours and on reasonable notice. File disclosures may
be done in person or by telephone, if you have made a written request and pay the toll charge, as applicable, or by
any other reasonable means. A CRA will provide trained personnel to explain to you any information in your
consumer report. Upon request, and proper identification, you may be permitted to bring one additional person
with you to review your consumer file. If the CRA provides you with a credit score, the agency will also provide you
with an explanation for that credit score.
• You have a right to know what is in your file. Upon proper identification, you may request and obtain all the
information about you in the CRA’s files, although medical information may be withheld, and instead will be
disclosed to a health care provider of your choice. Your health care provider may disclose your medical information
to you directly. Your file disclosure will include all items of information the CRA maintains about you, including
sources of information (except sources acquired solely for use in an investigative report). The file will also identify
each person who procured your consumer report for employment purposes during the two-year period preceding
your request, or any person who procured your report for any other purpose within the six-months prior to your
request. When applicable, a record of inquiries the CRA received identifying you in a credit transaction that was not
initiated by you in the six-months prior to your file disclosure request. Each of these records will include the name
of the person or trade name of the business that sought your consumer file, and upon your request, their respective
addresses.
• You are entitled to one free consumer report every 12 months, upon request. In many cases, your file disclosure
will be free. You may be charged a limited fee for a second or subsequent report requested by you during a 12 month
period. You will also not be charged for:
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a consumer report if a person has taken adverse action against you because of information in your report;
• You must be told if information in your file has been used against you. If a person takes an adverse action against
you that is based, in whole or in part, on information contained in a consumer report, that person must tell you
(usually, through a written notice), and must give you the name, address, and telephone number of the CRA that
provided the information.
• You have a right to dispute incomplete or inaccurate information. If you identify information in your file that is
incomplete or inaccurate, and you notify the CRA directly of the dispute, the CRA will reinvestigate without charge
and record the current status of the disputed information before the end of thirty business days, unless your dispute
is frivolous. Upon completion of the reinvestigation, within five business days of the CRA’s decision, the agency will
provide you notice in writing or through another authorized means, of the results of the reinvestigation. If the CRA
determines that your dispute is frivolous the agency will inform you of that determination, along with its reasons,
and your rights under the WFCRA within five business days.
• Consumer reporting agencies must correct or delete inaccurate, incomplete, or unverifiable information. Upon
completion of the reinvestigation, if the information you disputed is found to be inaccurate or cannot be verified,
the CRA must delete the information and notify you of the correction. Information that has been found to be
inaccurate will not be reinserted into your consumer file, unless the furnisher of the information verifies the accuracy
and completeness of that information. In such circumstances, you will be notified, within thirty business days that
the information is being reinserted into your file. If the reinvestigation does not resolve your dispute, you may file
with the CRA a brief statement (that may be limited to 100 words) setting forth the nature of your dispute. The
statement will be placed in your consumer file and in any subsequent report containing the information you
disputed.
• You have the right to request that users of your consumer report be notified of any disputed information they
previously received within the statutory time frame. After certain disputed information has been deleted or you
have filed a statement of dispute, you may request that the CRA provides notification of that deleted item or item
of dispute to any person you designate who has, within two years received your consumer report for employment
purposes, or who has within six months received your report for any other purpose, if the furnished report contained
the deleted or disputed information.
• Consumer reporting agencies may not report outdated negative information. In most cases, a CRA may not report
negative information that is more than seven years old, or bankruptcies that are more than ten years old.
• You have the right to advanced disclosure of any fees. Any charges for file disclosures or other requested actions
to be taken by the CRA must be disclosed to you before the information is provided or the action is taken.
• Access to your file is limited. A CRA may provide information about you only to people with a valid need – usually
to consider an application with a creditor, insurer, employer, landlord, court or government agency, or in accordance
with your written instructions.
• You must be notified if reports are provided to employers. A CRA may not give out information about you to
employers without your knowledge. A potential employer must make a clear and conspicuous disclosure in writing
to you or obtain your consent before obtaining a report. A current employer may not receive a report unless it has
given you written notice that reports may be used for employment purposes.
• You must be notified in writing if a person seeks an investigative consumer report about you. An investigative
consumer report may include information as to your character, general reputation, personal characteristics, and
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mode of living. Within a reasonable period of time after receiving such notice, you may request, in writing, a
disclosure as to the nature and scope of the investigation requested—which will be delivered to you within five days
of your request.
• You may limit “prescreened” offers of credit and insurance you get based on information in your credit report. You
may elect not to receive unsolicited “prescreened” offers for credit and insurance by using the CRA’s notification
system to remove your name and address from the lists these offers are based on. You may opt-out with the
nationwide credit bureaus at 1-888-5-OPTOUT (1-888-567-8688).
• You may place a security freeze on your credit report. Under certain circumstances, you may request that a security
freeze be placed on your credit report to prevent it from being shared with potential creditors or insurance
companies when making determinations related to your eligibility for credit.
• You may be able to block information resulting from identity theft from appearing on your credit report. If you are
a victim of identity theft, certain CRAs must permanently block misinformation resulting from that theft from
appearing on your credit report. You must provide the CRA with a copy of a police report as evidence of your claim
before it can place the block on your report.
• You may seek damages from violators. If a CRA, a user of consumer reports, or a furnisher of information to a CRA
violates the WFCRA, and you have a legal basis for a claim under the WFCRA, you may be able to bring a legal action
in court to assert your rights under the WFCRA. The applicable statute of limitations is specified in Wash. Stat. §
19.182.120 — which is generally two years from the date the cause of action accrued. Consumers who prevail on
claims to enforce the WCFRA may obtain actual damages, monetary penalties, reasonable attorneys’ fees, costs, and
other relief.
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