The Fair Credit Reporting Act (FCRA) is a United States federal law (codified as 15 U.S.C. § 1681 et seq.) that regulates the collection, dissemination, and use of consumer information, including consumer credit information. Along with the Fair Debt Collection Practices Act (FDCPA), it forms the base of consumer credit rights in the United States. It was originally passed in 1970, and is enforced by the US Federal Trade Commission and private litigants.
The statute prohibits the disclosure of personal information (codified as 18 U.S.C. § 2725) without the express consent of the person to whom such information applies, with the exception of certain circumstances set forth in 18 U.S.C. § 2721. These rules apply to Departments of Motor Vehicles as well as other “authorized recipient[s] of personal information”, and imposes record-keeping requirements on those “authorized recipients”.
Started by the organization “All of Us or None” in 2004, the “Ban the Box” movement refers to a nationwide movement to remove the check box on applications for employment that ask whether or not a potential employee has ever been convicted of a crime. By removing this box, employers would be prevented from asking about a candidates criminal history on job applications. HThe employer would have to wait until an interview has been conducted or an official offer has been made to the potential employee before asking about a criminal record. Click here to read more