Those employers that conduct Fair Credit Reporting Act ("FCRA") background checks need to be aware that three important FCRA forms have been revised. One of the three is the Summary Of Rights form that employers must distribute to employees before obtaining an FCRA investigative consumer report. As of January 1, 2013, employers must use the new forms, which are available here at Appendices K, M, and N.
The primary reason for the changes is that, pursuant to the Dodd-Frank Act, a new governmental agency, the Consumer Financial Protection Bureau ("CFPB"), has rule-making responsibility for the FCRA. Previously, the Federal Trade Commission ("FCRA") interpreted the FCRA.
As always, if employers have any questions regarding these changes or the FCRA in general, they should contact labor and employment counsel.