FTC and CFPB to Landlords: Follow the Moratorium

The acting heads of the FTC and the CFPB sent joint notification letters to the nation’s largest apartment landlords, which collectively own more than 2 million units, reminding them of their obligations under the ongoing national eviction moratorium put in place as a result of the ongoing COVID-19 pandemic.  These letters were summarized in a press release. … Continue reading FTC and CFPB to Landlords: Follow the Moratorium

CDIA to FTC and CFPB: Support an emergency rule for courthouse access

CDIA sent a letter to the FTC and CFPB asking them to support an emergency interim final rule for public records reinvestigations affected by court closures and delays.  During the COVID-19 pandemic, court closures and lack of remote electronic access to court records in several states have burdened consumer applicants, employers, housing providers, and the… Continue reading CDIA to FTC and CFPB: Support an emergency rule for courthouse access

CDIA comment on criminal background checks

Prior criminal activity can also be a predictor of future action. A 2018 report shows that rates of recidivism are significant.  This is a key point CDIA made when it filed a follow-up comment in January 2020 to the CFPB and the FTC in response to their Accuracy in Consumer Reporting Workshop in December 2019.  CDIA… Continue reading CDIA comment on criminal background checks

Littler takes on FTC “advice” for background checks

Attorneys at Littler recently blogged about a recent FTC blog that suggests that background checks are simple and that employers should keep it simple.  As noted by Littler Vigorous disputes over what wording and format satisfies the FCRA have spawned innumerable lawsuits, including dozens of massive nationwide class action lawsuits against employers of all sizes… Continue reading Littler takes on FTC “advice” for background checks

FTC Offers Advice to Employers on Background Checks

Today, the FTC made a blog posting, Background checks on prospective employers: Keep required disclosures simple.  The posting does not break any new ground, but it is a good reminder that the FTC is watching businesses and how they conduct background checks on workers.

FTC Reminds Users not to “Double-Dip”

Tiffany George at the FTC recently posted made a blog posting reminding users of their FCRA obligations. Her caution is against “double-dipping”.  Meaning that “[i]f [users] get a consumer report for one purpose, [they should not] use it for a different purpose.”  The posting also encourages users to review “the Notice to Users of Consumer… Continue reading FTC Reminds Users not to “Double-Dip”

FTC Issues Guidance for Landlords and Residential Screening Companies

There is new guidance from the FTC issued for landlords and for background check companies.  The FTC issued last month, without a press release, two new guidance postings on residential screening, Using Consumer Reports: What Landlords Need to Know and What Tenant Background Screening Companies Need to Know About the Fair Credit Reporting Act (emphasis… Continue reading FTC Issues Guidance for Landlords and Residential Screening Companies

New Information from the FTC

The FTC has issued a new web page, Background Checks: Tips for Job Applicants and Employees.  This webpage offers information for consumers links to a new joint publication for employees issued by the FTC and the EEOC and a link to information on what employers need to know.

EEOC and FTC Jointly Issue Technical Assistance Docs

In March 2014, the EEOC announced a joint publication with the FTC, of what the EEOC called in its news release two technical assistance documents that explain how the agencies’ respective laws apply to background checks performed for employment purposes.  One document is for employers; the other is for job applicants and employees.  This is the… Continue reading EEOC and FTC Jointly Issue Technical Assistance Docs