Para información en español, visite www.consumerfinance.gov/learnmore o escribe a la
Consumer Financial Protection Bureau, 1700 G Street N.W., Washington, DC 20552.
A SUMMARY OF YOUR RIGHTS
UNDER THE FAIR CREDIT REPORTING ACT
The federal Fair Credit Reporting Act (FCRA) promotes the accuracy, fairness, and privacy of
information in the files 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 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, DC 20552.
- 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;
• your file contains inaccurate information as a result of fraud;
• you are on public assistance; or
• you are unemployed but expect to apply for employment within 60 days.
In addition, all consumers are 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 must correct or delete inaccurate,
incomplete or unverifiable information. Inaccurate, incomplete or unverifiable
information must be removed or corrected, usually within 30 days. However, a
consumer reporting agency may continue to report information it has verified as
accurate.
- 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 1-800-XXX-XXXX.
- 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 sue them 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:
STATE-SPECIFIC RIGHTS
UNDER THE FAIR CREDIT REPORTING ACT
CALIFORNIA: OneSource The Background Check Company will prepare or assemble the
consumer report for ACI Worldwide. OneSource The Background Check Company is located
and can be contacted by mail at PO Box 24148, Omaha, NE 68124 and can be contacted by
telephone at 800-608-3645. Information about OneSource The Background Check Company’s
privacy practices is available at www.onesourcebackground.com.
Pursuant to section 1786.22 of the California Civil Code, you may view the file maintained on
you by OneSource The Background Check Company] during normal business hours. You may
also obtain a copy of this file, upon submitting proper identification and paying copying costs, by
going to OneSource The Background Check Company offices in person, during normal
business hours and on reasonable notice, or by mail. You may also receive a summary of the
file by telephone upon submitting proper identification and request. OneSource The Background
Check Company can answer questions about information in your file, including an explanation
of any coded information in your file. If you appear in person, you may be accompanied by one
other person, provided that person furnishes proper identification.
□ Please check this box if you would like to receive a copy of your consumer report if one is
obtained on you by ACI Worldwide.
A SUMMARY OF YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1786.22
(a) An investigative consumer reporting agency shall supply files and information required under
Section1786.10 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.
MAINE: You have the right, upon request, to be informed of whether a consumer report was
requested,
and if requested, the name and address of the consumer reporting agency furnishing
the report.
You may request and receive from ACI Worldwide, within five business days of our
receipt of your
request, the name, address and telephone number of the nearest office
designated to handle
inquiries for the consumer reporting agency issuing an investigative
consumer report concerning
you. You also have the right, under Maine law, to request and
promptly receive from all such
agencies copies of any such reports.
MASSACHUSETTS: You have the right to know whether ACI Worldwide requests an
investigative consumer report about you and, upon written request to ACI Worldwide, to receive
a copy of any such report. You also have the right to ask the consumer reporting agency for a
copy of any such report.
MINNESOTA: You have the right to request additional information about a consumer report
that is prepared on you by submitting a written request to the consumer reporting agency for a
complete and accurate disclosure of the nature and scope of any consumer report that ACI
Worldwide ordered about you. The consumer reporting agency must provide you with this
disclosure within 5 days after its receipt of your request or the when the report was requested by
ACI Worldwide, whichever is later.
□ Please check this box if you would like to receive a copy of your consumer report if one is
obtained on you by ACI Worldwide.
NEW HAMPSHIRE: You have the right, upon written request to ACI Worldwide, to request
additional disclosures with request to a consumer report obtained by ACI Worldwide about you.
If a consumer report is obtained, you may request a complete and accurate disclosure of the
nature and scope of the investigation requested by ACI Worldwide. This disclosure shall be in a
writing mailed, or otherwise delivered, to you not later than 5 days after the date on which the
request for such disclosure was received from you or such report was first requested, whichever
is later.
NEW JERSEY: You have the right to submit a request to the consumer reporting agency for a
copy of any investigative consumer report ACI Worldwide requested about you. A summary of
your rights under the New Jersey Fair Credit Reporting Act has been provided with this
disclosure and authorization form.
A Summary of Your Rights Under New Jersey’s Fair Credit Reporting Act
Under the New Jersey Fair Credit Reporting Act (NJFCRA 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 NJCRA, N.J. Stat. §§56:11-29 – 56:11-41, at the New
Jersey State Legislature’s web site (http://www.njleg.state.nj.us/). 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 website (
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. The employer also must provide you with a
description of your rights under the NJCRA 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 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.
• 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 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 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 NJFCRA, you may sue them in state court.
NEW YORK: You have the right, upon written request, to be informed of whether or not
Company requested a consumer report or an investigative consumer report about you.
OneSource The Background Check Company will prepare or assemble the consumer report for
Company. OneSource The Background Check Company is located and can be contacted by
mail at PO Box 24148, Omaha, NE 68124 and can be contacted by telephone at 800-608-3645.
You may inspect and receive a copy of any such report by contacting OneSource The
Background Check Company. In addition, a copy of Article 23-A of the New York Correction
Law has been provided with this disclosure and authorization form.
NEW YORK CORRECTION LAW ARTICLE 23-A: LICENSURE AND EMPLOYMENT OF
PERSONS PREVIOUSLYCONVICTED OF ONE OR MORE CRIMINAL OFFENSES
§750. Definitions. For the purposes of this article, the following terms shall have the following
meanings:
(1) "Public agency" means the state or any local subdivision thereof, or any state or local
department, agency, board or commission.
(2) "Private employer" means any person, company, corporation, labor organization or
association which employs ten or more persons.
(3) "Direct relationship" means that the nature of criminal conduct for which the person was
convicted has a direct bearing on his fitness or ability to perform one or more of the
duties or responsibilities necessarily related to the license, opportunity, or job in
question.
(4) "License" means any certificate, license, permit or grant of permission required by the
laws of this state, its political subdivisions or instrumentalities as a condition for the
lawful practice of any occupation, employment, trade, vocation, business, or profession.
Provided, however, that "license" shall not, for the purposes of this article, include any
license or permit to own, possess, carry, or fire any explosive, pistol, handgun, rifle,
shotgun, or other firearm.
(5) "Employment" means any occupation, vocation or employment, or any form of vocational
or educational training. Provided, however, that "employment" shall not, for the purposes
of this article, include membership in any law enforcement agency.
§751. Applicability. The provisions of this article shall apply to any application by any person for
a license or employment at any public or private employer, who has previously been convicted
of one or more criminal offenses in this state or in any other jurisdiction, and to any license or
employment held by any person whose conviction of one or more criminal offenses in this state
or in any other jurisdiction preceded such employment or granting of a license, except where a
mandatory forfeiture, disability or bar to employment is imposed by law, and has not been
removed by an executive pardon, certificate of relief from disabilities or certificate of good
conduct. Nothing in this article shall be construed to affect any right an employer may have with
respect to an intentional misrepresentation in connection with an application for employment
made by a prospective employee or previously made by a current employee.
§752. Unfair discrimination against persons previously convicted of one or more criminal
offenses prohibited. No application for any license or employment, and no employment or
license held by an individual, to which the provisions of this article are applicable, shall be
denied or acted upon adversely by reason of the individual's having been previously convicted
of one or more criminal offenses, or by reason of a finding of lack of "good moral character"
when such finding is based upon the fact that the individual has previously been convicted of
one or more criminal offenses, unless:
(1) There is a direct relationship between one or more of the previous criminal offenses and
the specific license or employment sought or held by the individual; or
(2) the issuance or continuation of the license or the granting or continuation of the
employment would involve an unreasonable risk to property or to the safety or welfare of
specific individuals or the general public.
§753. Factors to be considered concerning a previous criminal conviction; presumption.
1. In making a determination pursuant to section seven hundred fifty-two of this chapter, the
public agency or private employer shall consider the following factors:
(a) The public policy of this state, as expressed in this act, to encourage the licensure and
employment of persons previously convicted of one or more criminal offenses.
(b) The specific duties and responsibilities necessarily related to the license or employment
sought or held by the person.
(c) The bearing, if any, the criminal offense or offenses for which the person was previously
convicted will have on his fitness or ability to perform one or more such duties or
responsibilities.
(d) The time which has elapsed since the occurrence of the criminal offense or offenses.
(e) The age of the person at the time of occurrence of the criminal offense or offenses.
(f) The seriousness of the offense or offenses.
(g) Any information produced by the person, or produced on his behalf, in regard to his
rehabilitation and good conduct.
(h) The legitimate interest of the public agency or private employer in protecting property,
and the safety and welfare of specific individuals or the general public.
2. In making a determination pursuant to section seven hundred fifty-two of this chapter, the
public agency or private employer shall also give consideration to a certificate of relief from
disabilities or a certificate of good conduct issued to the applicant, which certificate shall create
a presumption of rehabilitation in regard to the offense or offenses specified therein.
§754. Written statement upon denial of license or employment. At the request of any person
previously convicted of one or more criminal offenses who has been denied a license or
employment, a public agency or private employer shall provide, within thirty days of a request, a
written statement setting forth the reasons for such denial.
§755. Enforcement.
1. In relation to actions by public agencies, the provisions of this article shall be enforceable by
a proceeding brought pursuant to article seventy-eight of the civil practice law and rules.
2. In relation to actions by private employers, the provisions of this article shall be enforceable
by the division of human rights pursuant to the powers and procedures set forth in article fifteen
of the executive law, and, concurrently, by the New York city commission on human rights.
OKLAHOMA:
□ Please check this box if you would like to receive a copy of your consumer report if one is
obtained on you by ACI Worldwide.
WASHINGTON: If ACI Worldwide requests an investigative consumer report, you have the
right, upon written request made within a reasonable period of time after your receipt of this
disclosure, to receive from ACI Worldwide a complete and accurate disclosure of the nature and
scope of the investigation requested by ACI Worldwide. You are entitled to this disclosure within
5 days after the date your request is received or when ACI Worldwide ordered the report,
whichever is later. You also have the right to request from the consumer reporting agency a
written summary of your rights and remedies under the Washington Fair Credit Reporting Act. A
summary of your rights under the Washington Fair Credit Reporting Act has been provided with
this disclosure and authorization form.
A Summary of Your Rights Under Washington’s Fair Credit Reporting Act
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 website (
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.
