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When Can A Potential Creditor Or Employer Obtain My Experian, Equifax, or TransUnion Credit Report Or Background Report?

Posted by Andrew Weiner | Feb 10, 2021 | 0 Comments

The Fair Credit Reporting Act governs most credit reports and employment background reports.  Section 1681b of that law explains the situations under which an employer or a potential creditor can obtain a copy of a credit or background report.  While not an exhaustive list, a consumer reporting agency can provide a report only if:

  1. You have provided written instructions to allow it;
  2. The consumer reporting agency has reason to believe that the report is intended to be used in connection with a credit transaction involving you;
  3. The consumer reporting agency has reason to believe it is intended to be used for employment purposes;
  4. The consumer reporting agency has reason to believe it is intended to be used in connection with the underwriting of insurance;
  5. The consumer reporting agency has reason to believe that there is a legitimate need for the information in connection with a business transaction initiated by a consumer, or to review an account to determine whether the consumer continues to meet the terms of the account.

If a consumer reporting agency provides your background report or credit report for a reason other than one listed above, it may have violated the Fair Credit Reporting Act.  If you believe that your report wasn't provided for one of these reasons, you should reach out to a Fair Credit Reporting Act attorney to understand your rights.

About the Author

Andrew Weiner

Andrew Weiner has represented and counseled clients in numerous areas of employment law, including race, gender, national origin, age, and disability discrimination claims, wage and hour disputes, retaliation and harassment claims, Fair Credit Reporting Act (background report) claims, common law tort claims, the development and implementation of employment contracts, employee handbooks, personnel policies, reductions-in-force, independent contractor agreements and compliance with Title VII, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Family and Medical Leave Act, and other federal, state and local employment statutes. Andrew also has negotiated severance agreements, employment contracts, non-compete agreements, and confidentiality agreements.

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