Enclosures
Enclosures
The federal Fair Credit Reporting Act (FCRA) promotes the accuracy, fairness, and privacy of
information in the files of consumer reporting agencies. There are many types of consumer reporting
agencies, including credit bureaus and specialty agencies (such as agencies that sell information about
check writing histories, medical records, and rental history records). Here is a summary of your major rights
under the FCRA. For more information, including information about additional rights, go to
www.consumerfinance.gov/learnmore or write to: Consumer Financial Protection Bureau, 1700
G. Street, N.W., Washington, D.C. 20006.
You must be told if information in your file has been used against you. Anyone who uses a
credit report or another type of consumer report to deny your application for credit, insurance,
or employment – or to take another adverse action against you – must tell you, and must give
you the name, address, and phone number of the agency that provided the information.
You have the right to know what is in your file. You may request and obtain all the
information about you in the files of a consumer reporting agency (your “file disclosure”). You
will be required to provide proper identification, which may include your Social Security number.
In many cases, the disclosure will be free. You are entitled to a free file disclosure if:
a person has taken adverse action against you because of information in your credit report;
you are the victim of identity theft and place a fraud alert in your file;
you are unemployed but expect to apply for employment within 60 days.
In addition, all consumers will be entitled to one free disclosure every 12 months upon request
from each nationwide credit bureau and from nationwide specialty consumer reporting
agencies. See www.consumerfinance.gov/learnmore for additional information.
You have the right to ask for a credit score. Credit scores are numerical summaries of your
credit-worthiness based on information from credit bureaus. You may request a credit score
from consumer reporting agencies that create scores or distribute scores used in residential real
property loans, but you will have to pay for it. In some mortgage transactions, you will receive
credit score information for free from the mortgage lender.
You have the right to dispute incomplete or inaccurate information. If you identify
information in your file that is incomplete or inaccurate, and report it to the consumer reporting
agency, the agency must investigate unless your dispute is frivolous. See
www.consumerfinance.gov/learnmore for an explanation of dispute procedures.
Consumer reporting agencies may not report outdated negative information. In most
cases, a consumer reporting agency may not report negative information that is more than
seven years old, or bankruptcies that are more than 10 years old.
Access to your file is limited. A consumer reporting agency may provide information about you
only to people with a valid need – usually to consider an application with a creditor, insurer,
employer, landlord, or other business. The FCRA specifies those with a valid need for access.
You must give your consent for reports to be provided to employers. A consumer reporting
agency may not give out information about you to your employer, or a potential employer,
without your written consent given to the employer. Written consent generally is not required in
the trucking industry. For more information, go to www.consumerfinance.gov/learnmore.
You may limit “prescreened” offers of credit and insurance you get based on information
in your credit report. Unsolicited “prescreened” offers for credit and insurance must include
a toll-free phone number you can call if you choose to remove your name and address from the
lists these offers are based on. You may opt-out with the nationwide credit bureaus at 1-888-
567-8688.
You may seek damages from violators. If a consumer reporting agency, or, in some cases, a
user of consumer reports or a furnisher of information to a consumer reporting agency violates
the FCRA, you may be able to sue in state or federal court.
Identity theft victims and active duty military personnel have additional rights. For more
information, visit www.consumerfinance.gov/learnmore.
States may enforce the FCRA, and many states have their own consumer reporting laws. In
some cases, you may have more rights under state law. For more information, contact your
state or local consumer protection agency or your state Attorney General. For information
about your federal rights, contact:
1.a. Banks, savings associations, and credit unions with total assets of over a. Bureau of Consumer Financial Protection
$10 billion and their affiliates.
1700 G Street NW
Washington, DC 20006
b. Such affiliates that are not banks, savings associations, or credit unions also
should list, in addition to the Bureau.
Washington, DC 20580
(877) 382-4357
2. To the extent not included in item 1 above: a. Office of the Comptroller of the Currency
a. National banks, federal savings associations, and federal branches and 1301 McKinney Street, Suite 3450
federal agencies of foreign banks
Houston, TX 77010-9050
TYPE OF BUSINESS: PLEASE CONTACT:
b. State member banks, branches and agencies of foreign banks (other than b. Federal Reserve Consumer Help Center
federal branches, federal agencies, and insured state branches of foreign
banks), commercial lending companies owned or controlled by foreign banks, P.O. Box 1200
and organizations operating under section 25 or 25 A of the Federal Reserve
Act Minneapolis, MN 55480
c. Nonmember Insured Banks, Insured State Branches of Foreign Banks, and c. FDIC Consumer Response Center
insured state savings associations
1100 Walnut Street, Box #11
Alexandria, VA 22314
3. Air carriers Asst. General Counsel for Aviation Enforcement & Proceedings
Department of Transportation
Washington, DC 20590
4. Creditors Subject to Surface Transportation Board Office of Proceedings, Surface Transportation Board
Department of Transportation
1925 K Street NW
Washington, DC 20423
5. Creditors Subject to Packers and Stockyards Act Nearest Packers and Stockyards Administration area supervisor
6. Small Business Investment Companies Associate Deputy Administrator for Capital Access
Washington, DC 20416
100 F St NE
Washington, DC 20549
TYPE OF BUSINESS: PLEASE CONTACT:
8. Federal Land Banks, Federal Land Bank Associations, Federal Intermediate Farm Credit Administration
Credit Banks, and Production Credit Associations
1501 Farm Credit Drive
McLean, VA 22102-5090
9. Retailers, Finance Companies, and All Other Creditors Not Listed Above FTC Regional Office for region in which the creditor operates or
Federal Trade Commission: Consumer Response Center – FCRA
Washington, DC 20580
(877) 382-4357
(CALIFORNIA APPLICANTS ONLY)
(a) An investigative consumer reporting agency shall supply files and information required under
Section 1786.10 during normal business hours and on reasonable notice.
(b) Files maintained on a consumer shall be made available for the consumer’s visual inspection, as
follows:
(1) In person, if he appears in person and furnishes proper identification. A copy of his file shall
also be available to the consumer for a fee not to exceed the actual costs of duplication services
provided.
(2) By certified mail, if he makes a written request, with proper identification, for copies to be
sent to a specified addressee. Investigative consumer reporting agencies complying with
requests for certified mailings under this section shall not be liable for disclosures to third
parties caused by mishandling of mail after such mailings leave the investigative consumer
reporting agencies.
(3) A summary of all information contained in files on a consumer and required to be provided
by Section 1786.10 shall be provided by telephone, if the consumer has made a written request,
with proper identification for telephone disclosure, and the toll charge, if any, for the telephone
call is prepaid by or charged directly to the consumer.
(c) The term “proper identification” as used in subdivision (b) shall mean that information generally
deemed sufficient to identify a person. Such information includes documents such as a valid driver’s
license, social security account number, military identification card, and credit cards. Only if the
consumer is unable to reasonably identify himself with the information described above, may an
investigative consumer reporting agency require additional information concerning the consumer’s
employment and personal or family history in order to verify his identity.
(d) The investigative consumer reporting agency shall provide trained personnel to explain to the
consumer any information furnished him pursuant to Section 1786.10.
(e) The investigative consumer reporting agency shall provide a written explanation of any coded
information contained in files maintained on a consumer. This written explanation shall be distributed
whenever a file is provided to a consumer for visual inspection as required under Section 1786.22.
(f) The consumer shall be permitted to be accompanied by one other person of his choosing, who shall
furnish reasonable identification. An investigative consumer reporting agency may require the
consumer to furnish a written statement granting permission to the consumer reporting agency to
discuss the consumer’s file in such person’s presence.
MASSACHUSETTS CRIMINAL RECORD INFORMATION POLICY
1. Before asking employment applicants and employees about their criminal records, the
Company will provide them with copies of the records if the Company is in possession of the records.
3. The Company will also provide the individual with an opportunity to dispute the
accuracy of the criminal history records by waiting at least five business days before taking final adverse
action.
Nothing in this Policy is intended to impose any obligations on the Company that are greater
than those required by applicable law.
INFORMATION CONCERNING THE PROCESS IN CORRECTING A CRIMINAL RECORD MASSACHUSETTS
APPLICANTS ONLY
1. If you have undergone a background check by an agency that has received a criminal record from the
DCJIS, you may ask the agency to provide you with a copy of the criminal record. You may also request a
copy of your adult criminal record from the Department of Criminal Justice Information Services, 200
Arlington Street, Suite 2200, Chelsea, MA 02150 or by calling (617) 660-4640 or go to
http://www.mass.gov/Eeops/docs/cjis/cori_request_personal.pdf.
2. The DCJIS charges $25.00 fee to provide an individual with a copy of his/her criminal record. You may
complete an affidavit of indigency and request that the DCJIS waive the fee.
3. Upon receipt, review the record. If you need assistance in interpreting the entries or dispositions,
please review the disposition code and “how to read a criminal record” on the DCJIS website
www.mass.gov/cjis/cori/cori_bop.html.
4. The DCJIS does not offer “walk-in” service but you may call our Legal Division at (617) 660-4760 for
assistance or the CARI Unit of the Office of the Commissioner of Probation at (617)727-5300.
5. If you believe that a case is opened on your record that should be marked closed, you may contact the
Office of the Commissioner of Probation Department at the court where the charges were brought and
request that the case(s) be updated.
6. If you believe that a disposition is incorrect, contact the Chief Probation Officer at the court where the
charges were brought or the CARI Unit at the Office of the Commissioner of Probation and report that
the court incorrectly entered a disposition on your criminal record.
7. If you believe that someone has stolen or improperly used your identity and were arraigned on
criminal charges under your name, you may contact the Office of the Commissioner of Probation CARI
Unit or the Chief Probation Officer in the court where the charges were brought. For a listing of
courthouses and telephone numbers please see www.mass.gov/cjis/cori/cori_codes_court.html.
8. In some situations of identity theft, you may need to contact the DCJIS to arrange to have fingerprints
analysis conducted.
9. If there is a warrant currently outstanding against you, you need to appear at the court and ask that
the warrant be recalled. You cannot do this over the telephone.
10. If you believe that an employer, volunteer agency, housing agency or municipality has been provided
with a criminal record that does not pertain to you, the agency should contact the CORI Unit for
assistance at (617) 660-4640.
NEW YORK STATE CORRECTION LAW, ARTICLE 23-A
§ 750. Definitions. For the purposes of this (1) there is a direct relationship between one or more of
article, the following terms shall have the following the previous criminal offenses and the specific license or
meanings: employment sought or held by the individual; or
(1) “Public agency” means the state or any local (2) the issuance or continuation of the license or the
subdivision thereof, or any state or local granting or continuation of the employment would involve
department, agency, board or commission. an unreasonable risk to property or to the safety or
welfare of specific individuals or the general public.
(2) “Private employer” means any person,
company, corporation, labor organization or § 753. Factors to be considered concerning a
association which employs ten or more persons. previous criminal conviction; presumption.
(3) “Direct relationship” means that the nature of 1. In making a determination pursuant to section seven
criminal conduct for which the person was hundred fifty-two of this chapter, the public agency or
convicted has a direct bearing on his fitness or private employer shall consider the following factors:
ability to perform one or more of the duties or
responsibilities necessarily related to the license, (a) The public policy of this state, as expressed in this act,
opportunity, or job in question. to encourage the licensure and employment of persons
previously convicted of one or more criminal offenses.
(4) “License” means any certificate, license, permit
or grant of permission required by the laws of this (b) The specific duties and responsibilities necessarily
state, its political subdivisions or instrumentalities related to the license or employment sought or held by
as a condition for the lawful practice of any the person.
occupation, employment, trade, vocation, business,
(c) The bearing, if any, the criminal offense or offenses for
or profession. Provided, however, that “license”
which the person was previously convicted will have on his
shall not, for the purposes of this article, include
fitness or ability to perform one or more such duties or
any license or permit to own, possess, carry, or fire
responsibilities.
any explosive, pistol, handgun, rifle, shotgun, or
other firearm. (d) The time which has elapsed since the occurrence of
the criminal offense or offenses.
(5) “Employment” means any occupation, vocation
or employment, or any form of vocational or (e) The age of the person at the time of occurrence of the
educational training. Provided, however, that criminal offense or offenses.
“employment” shall not, for the purposes of this
article, include membership in any law enforcement (f) The seriousness of the offense or offenses.
agency.
(g) Any information produced by the person, or produced
§ 751. Applicability. The provisions of this on his behalf, in regard to his rehabilitation and good
article shall apply to any application by any person conduct.
for a license or employment at any public or private
employer, who has previously been convicted of (h) The legitimate interest of the public agency or private
one or more criminal offenses in this state or in any employer in protecting property, and the safety and
other jurisdiction, and to any license or welfare of specific individuals or the general public.
employment held by any person whose conviction
2. In making a determination pursuant to section seven
of one or more criminal offenses in this state or in
hundred fifty-two of this chapter, the public agency or
any other jurisdiction preceded such employment
private employer shall also give consideration to a
or granting of a license, except where a mandatory
certificate of relief from disabilities or a certificate of good
forfeiture, disability or bar to employment is
conduct issued to the applicant, which certificate shall
imposed by law, and has not been removed by an
create a presumption of rehabilitation in regard to the
executive pardon, certificate of relief from
offense or offenses specified therein.
disabilities or certificate of good conduct. Nothing
in this article shall be construed to affect any right § 754. Written statement upon denial of license or
an employer may have with respect to an employment. At the request of any person previously
intentional misrepresentation in connection with an convicted of one or more criminal offenses who has been
application for employment made by a prospective denied a license or employment, a public agency or
employee or previously made by a current private employer shall provide, within thirty days of a
employee. request, a written statement setting forth the reasons for
§ 752. Unfair discrimination against persons such denial.
previously convicted of one or more criminal
offenses prohibited. No application for any § 755. Enforcement.
license or employment, and no employment or
1. In relation to actions by public agencies, the provisions
license held by an individual, to which the
of this article shall be enforceable by a proceeding
provisions of this article are applicable, shall be
brought pursuant to article seventy-eight of the civil
denied or acted upon adversely by reason of the
practice law and rules.
individual’s having been previously convicted of
one or more criminal offenses, or by reason of a 2. In relation to actions by private employers, the
finding of lack of “good moral character” when provisions of this article shall be enforceable by the
such finding is based upon the fact that the division of human rights pursuant to the powers and
individual has previously been convicted of one or procedures set forth in article fifteen of the executive law,
more criminal offenses, unless: and, concurrently, by the New York city commission on
human rights.
A Summary of Your Rights Under New Jersey’s Fair Credit Reporting Act
New Jersey’s Fair Credit Reporting Act (“NJ FCRA”), N.J.S.A. 56:11-28 et seq. is designed to provide
additional consumer protection with respect to consumer credit reports and credit reporting agencies
consistent with the provisions of the federal Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.
Access to your file at a consumer reporting agency is limited and may only be given to people with a
valid need under the NJ FCRA. You must give your consent if information from a consumer reporting
agency is to be disclosed for employment purposes or if an investigative consumer report is to be
made. You must also give your consent if medical information is to be included in a consumer report
about you which is to be used for employment purposes, or in connection with a credit, insurance or
direct marketing transaction.
You have the right to request the following from a consumer reporting agency:
The contents of your file at a consumer reporting agency including, generally, the sources of
the information in the file.
The identity of each person who has procured a consumer report about you. If the request was
made for employment purposes, you have the right to have the identity of the requester for a
two-year period preceding your request. If the request was made for any other purpose, you
have a right to this information for the one-year period preceding your request.
You have the right to know the dates, original payees, and amounts of any checks upon which
any adverse characterization of you is made which is in the file at the time of the disclosure to
you.
You have a right to a record of all inquiries received by a consumer reporting agency during the
one-year period preceding your request that identified you in connection with a credit or
insurance transaction that was not initiated by you.
You have a right to receive a copy of an investigative consumer report made about you each time such
a report is made.
You have a right to the remainder of this information, free of charge, if it is your first request in a 12-
month period, if you are making the request within 60-days of a notice of an adverse action based
upon information contained in your file, or you have received notification from a debt collection
agency affiliated with the consumer reporting agency stating that your credit rating may or has been
adversely affected by something in your file. You may also have the right to a free disclosure once
during any 12-month period if you certify that you are unemployed and intend to apply for
employment in the 60-day period following your certification, you are the recipient of assistance under
the Work First New Jersey Program, you have reason to believe that your file contains inaccurate
information due to fraud, or you have been a victim of a violation of N.J.S.A. 2C:21-1 or N.J.S.A. 2C:21-
17 and a court has ordered the deletion from your file of items that were the result of unlawful use of
your personal identifying information.
If this information is disclosed to you by a consumer reporting agency in person, you may be required
to furnish proper identification. You have a right to be accompanied by one person who may also be
required to furnish identification. The consumer reporting agency may require you to provide written
permission to discuss your file in that person’s presence.
Disclosures may also be made by telephone, however you may be required to furnish a written request
for the telephone disclosure, with proper identification, and you may be required to pay for the
telephone call.
Prior to any adverse action being taken against you for employment purposes based in whole or in part
upon a consumer report, the person taking the action must provide you with a copy of the report as
well as a description of your rights under the NJ FCRA and the federal Fair Credit Reporting Act.
You have the right to dispute the completeness or accuracy of any item of information contained in
your file at a consumer reporting agency. If you notify the agency directly, the agency shall investigate
free of charge, and record the current status of the disputed information, or delete the item from the
file within 30-days from the date on which the agency receives the notice of dispute from you. In
some cases, this period may be extended.
You may seek damages from any person who fails to comply with the requirements of the NJ FCRA
with respect to you. For more information about your rights under New Jersey’s Fair Credit Reporting
Act, you may contact New Jersey’s Division of Consumer Affairs.
A Summary of Your Rights
Under the Washington state Fair Credit Reporting Act (WFCRA or the “Act”), an employer, before taking adverse
employment action, is required to provide the applicant or employee with a summary of their rights under the Act
with respect to consumer reports or investigative consumer reports obtained for employment purposes from a
consumer reporting agency (CRA). This Summary is intended to serve that purpose.
You can find the complete text of the WFCRA, Wash. Rev. Code §§19.182.005—19.182.902, at the Washington
State Legislature’s web site (http://www.leg.wa.gov). You may have additional rights under the federal Fair Credit
Reporting Act, 15 U.S.C. 1681-1681u, which is available on the Internet at the Federal Trade Commission’s web site
(http://www.ftc.gov).
You must consent to the procurement for employment purposes of a report about you. Before an
employer can obtain a report about you from a CRA, the employer must provide you with notice that it
will request the report and obtain your consent to that request. A CRA may not give out information
about you to your employer, or prospective employer, without your written consent.
You must be told if information in your file has been used against you for employment purposes. An
employer who uses information from a consumer or investigative consumer report to take action against
you – such as denying an application for employment or terminating employment – must tell you that its
decision is based in whole or in part on the report and give you the name, address and phone number of
the CRA that provided the report. The employer also must provide you with a description of your rights
under the WFCRA and a reasonable opportunity to dispute with the CRA any information on which the
employer relied.
You can find out what is in your file. At your request, a CRA must give you the information in your file
(except that medical information may be withheld), and a list of everyone who has recently requested
your file. These disclosures may be made in person, over the telephone or by any other reasonable
method available to the CRA. At your request, any medical information contained in your file will be
disclosed to the healthcare provider of your choice.
You can dispute inaccurate information with the CRA. If you tell a CRA that your file contains inaccurate
information, the CRA must reinvestigate the disputed items, free of charge, within 30 business days,
unless the CRA determines that the dispute is frivolous or irrelevant. The CRA must give you a written
report of the investigation. If the CRA’s investigation does not resolve the dispute, you may add a brief
statement to your file. If an item is deleted or a dispute statement is filed, you may ask that anyone who
has recently received your report be notified of the change.
Inaccurate information must be corrected or deleted. A CRA must remove or correct inaccurate or
unverified information from its files within 30 business days after you dispute it. If your dispute results in
any change to your report, the CRA cannot reinsert into your file a disputed item unless the information
source verifies its accuracy and completeness. In addition, the CRA must give you a written notice telling
you it has reinserted the item. The notice must include the business name and address.
You may seek damages from violators. If a CRA, a user or (in some cases) a provider of CRA data violates the
WFCRA, you may sue them in state court.