Summary of Your Rights Under the Fair Credit Reporting Act (FCRA)

The Fair Credit Reporting Act (FCRA) is a federal law that gives you certain rights when an employer, school, or other organization requests a background check report about you.

Your Key Rights

  1. You must be told if a background check will be used.
  2. Before requesting a background report, an employer must notify you in writing and get your written permission.
  3. You must receive a copy of your rights.
  4. This summary is provided so you understand what protections you have under the FCRA.
  5. You can say yes or no.
  6. You must give written consent before an employer or organization can obtain your background check (with some exceptions for ongoing employment in certain industries).
  7. You have the right to know what's in your file.
  8. You may request a free copy of your background report from the company that prepared it.
  9. You must be notified if information in your report is used against you.
  10. If an employer plans to deny you employment, volunteer service, or another opportunity based on your report, they must:
  11. Give you a “pre-adverse action notice” with a copy of the report and a summary of your rights.
  12. Give you time to dispute or correct inaccurate information before making a final decision.
  13. You have the right to dispute inaccurate or incomplete information.
  14. If you find errors, you can dispute them with the background check company. They must investigate and correct mistakes.
  15. You have the right to seek damages for violations.
  16. If your rights under the FCRA are violated, you may be able to pursue legal remedies.

More Information

For more details about your rights under the FCRA, visit the Federal Trade Commission (FTC) at: www.consumerfinance.gov/learnmore.