Beginning January 1, 2013, employers who conduct background checks under the Fair Credit Reporting Act (“FCRA”) are required to use a new notice form (1) when providing the required disclosures for investigative consumer reports or (2) before taking any adverse employment action against a job applicant or employee based on the contents of a consumer report.
The changes to the new form are simple: they state that the Consumer Financial Protection Bureau (“CFPB”) replaced the Federal Trade Commission as the enforcement agency for the FCRA,, and lists the contact information for the CFPB.
Aside from these changes to the model form, no substantive changes have been made to the FCRA or to the way background checks must be conducted under the FCRA.
Earlier this year, the CFPB issued new model forms, but later realized that the forms had typographical and grammatical errors. Therefore, they issued a revised version of the forms. If you got the old – unrevised – forms, you can get a copy of the new forms here.