FACT ACT Compliance and
At Employment Screening Resources® (ESR), we recognize that there are times when a background check can cause a consumer to have concerns. Although ESR is not able to provide consumers with advice on background checks, we are pleased to be able to provide the following resources to help a consumer better understand the process. In addition, if you are a consumer that was the subject of a pre-employment background check by ESR, you have additional and specific rights you should know about under the FCRA and the FACT Act that are described below.
How to Dispute Information in Your Consumer Report
If you are the subject of a consumer report prepared by Employment Screening Resources (ESR) and find incorrect or incomplete information, you have the right under federal law to dispute it. You may contact ESR by calling 888-999-4474 and asking to speak with a Dispute Resolution Specialist. For more information about disputing reports, visit:
To access the Consumer Financial Protection Bureau (CFPB) document for outlining your rights with background checks, visit:
FACT ACT Information and How to Obtain Your Annual Free Report
The Fair And Accurate Credit Transaction Act (FACT Act) of 2003 that amended the Fair Credit Reporting Act (FCRA), provides the ability for consumers to obtain a free copy of his or her consumer file from certain consumer reporting agencies once during a 12 month period. If you have previously had a background report run on you by ESR, you may request a free annual file disclosure pursuant to the Free Annual File Disclosure Rule, 16 C.F.R. Part 610. The FACT Act is available here.
Please note that Employment Screening Resources (ESR) will only have a report concerning you if you have applied for employment with an employer who performs pre-employment background checks, AND the check was performed by ESR. If you have not applied for employment with an employer that conducts pre-employment background reports, then you will not have a file with ESR. In addition, even if you have applied for employment, and a background report was done, ESR will not have any information on you unless ESR was the background firm that completed the report. Generally, a Consumer will be informed of the name and identity of the background firm that was utilized by an employer on the Consent and Disclosure forms that an applicant must sign prior to a background report being requested.
Please also be advised that ESR does not "re-use" any information that is obtained by ESR for a background report. Each background report is a "one-time" use only. ESR is NOT a National Specialty Consumer Reporting Agency as defined by law. ESR does not maintain or create databases on consumers.
You can obtain a copy of your consumer file from ESR if ESR has such a file in three ways:
- Click Here to download a form. Print the form, provide the information requested , sign it and then fax it to 1-800-399-5423.
- To request a copy of the free annual disclosure by phone, please call ESR and ask for the Consumer Desk : 1-888-999-4474.
- To obtain a copy of your free annual disclosure by mail, write to Employment Screening Resources, 7110 Redwood Blvd , Ste. C, Novato , CA. 94945 ATT: Consumer Desk
Consumers may check the status of their request by contacting 1-888-999-4474 and asking for the Consumer Desk.
Is there Information that ESR will NOT Report to an Employer?
As a Consumer Reporting Agency (CRA) under the federal Fair Credit Reporting Act (FCRA) and corresponding state and local laws, ESR is under a number of restrictions in terms of what can and cannot be reported.
The FCRA has a general rule concerning accuracy. It states that a CRA "shall follow reasonable procedures to assure maximum possible accuracy of the information." For that reason:
- ESR never relies upon unofficial database information for criminal records research and reporting.
- ESR always takes steps to confirm the accuracy of the information from the primary source which is the local, state, or federal courthouse.
- If ESR does not have sufficient information to relate a criminal record to the subject of the background check, it is not reported.
ESR supports and follows the Americans with Disabilities Act (ADA), the Genetic Information Nondiscrimination Act (GINA), local, state, and federal nondiscrimination laws, and the anti-retaliation provisions of civil rights laws. Accordingly, ESR does not report on:
- Any disability, medical, or genetic condition.
- Civil matters involving any allegations of civil rights violations or claims made by an applicant against his or her prior and present employers.
Under the FCRA, local, state, and federal laws there are additional restrictions on what employers can consider and what screening firms can report. In that regard:
- ESR takes reasonable and appropriate measures to prevent the reporting of information that is prohibited by federal, state, and local laws.
- ESR has a policy of carefully vetting information so that we do not provide information to employers that they cannot consider.
Although ESR does not offer legal services and does not make legal judgments, ESR operates under generally accepted industry practices in making these determinations. For example:
- ESR will suppress arrests, or criminal matters that have been set aside, if an employer operates in a state that prohibits them from being considered.
- In states that disallow use of criminal records older than seven years, ESR suppresses convictions beyond that limit.
- Ten states currently have restrictions on the use of credit reports for employment and ESR has tools that help an employer stay compliant.
It is ESR's philosophy that only accurate and actionable information should be provided to employers, and that an employer needs to work with a CRA that does not merely report raw data but provides a professional service that helps employers understand what information may be considered in making employment decisions.
The following are some resources for consumers about background checks:
- Consumer Financial Protection Bureau (CFPB) form ‘A Summary of Your Rights Under the Fair Credit Reporting Act’
- ESR Applicant Resources Page
- E-Verify Self Check
In addition, most state or county bar associations have low-cost or no-cost programs to give consumers advice. If you have a question about a background report and criminal records or other topics, a consumer may want to use a bar association program to consult with an attorney familiar with the subject. Each state has their own rules about criminal records. Another common questions deals with credit reports. Keep in mind that a credit score is NOT provided on an employment credit reports. More information about credit reports is available at https://www.annualcreditreport.com/.
NOTE: If you are attempting to determine if your name is in a database in order to insure the accuracy of information about you, helpful information is provided by the Privacy Rights Clearinghouse at https://www.privacyrights.org/ar/infobrokers.htm. Please note that ESR does not maintain databases on individuals for any purpose whatsoever. ESR only prepares one-time use reports when requested by an employer and then only with the written consent of the consumer in accordance with the Fair Credit Reporting Act (FCRA). Unless ESR has prepared a background check report that specifically relates to an application for employment with one of its clients, ESR will not have any data about you.
PRIVACY: In order to protect your personal information, ESR must take reasonable measures to confirm your identity. You will need to provide ESR with your full legal name, social security number, date of birth, drivers license information, the name of the employer who requested a screening report and the approximate date of the application with the employer, along with your daytime phone and current address. An e-mail address is also very helpful. The information will be mailed to the address ESR has on file for you. If you have moved or need it sent to a different address, ESR may ask for a copy of your drivers license showing your new address or a copy of utility bill with your name and address in order to ensure that information is only provided to the consumer.