Volume 7, Edition 9, September 2011

This Month’s Challenge is sponsored by:



Answer 2. The FCRA has always arguably applied to volunteers because reports about them deal with whether they are eligible to volunteer or not. The FTC has recently made clear its long time (but unofficial) view that voluteers will fall under the "employment purposes" permissible purpose of the FCRA in its recent Forty Years Under the FCRA publication. As such, a non-profit will be wise to comply with all of the requirements under the Section 604 of the FCRA relating to a consumer report obtained for employment purposes.

If a company who is a non-profit wants to conduct a background screen on its volunteers through a third party background screening company, it must follow the following:

1- The FCRA, but no consent is required and only the one-step adverse action is required

2- The FCRA, including the disclosure and authorization and two-step adverse action requirements for employment purposes

3- No law applies to background screening volunteers

4- The FCRA, but only the two-step adverse action requirements for employment purposes


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