FACT Act Compliance

FACT Act Compliance Notice

General Information

The Fair and Accurate Credit Transactions Act of 2003 (FACT Act or FACTA) is a federal law passed by the United States Congress that amends the Fair Credit Reporting Act (FCRA)

  • Employment Screening Resources (ESR) is NOT a Nationwide Consumer Reporting Agency nor a Nationwide Specialty Consumer Reporting Agency as defined in (FCRA), as ESR does not compile and maintain consumer files on a nationwide basis. This term generally refers to firms such as Equifax, Experian, and TransUnion who compile and maintain credit information.
  • ESR will only have a file in your name where you have applied with one of ESR’s client’s that ordered an employment purpose background check in your name from us.
  • If the report was not ordered from ESR, the Consent and Disclosure forms that an applicant must sign prior to a background report being requested should provide you with the name of the background screening firm used by the employer to prepare the report.
  • ESR does not re-use or re-sell any information that is obtained by ESR for use in a background report.  Each background report is “one-time” use document prepared for a specific employer.

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 that it has incorrect or incomplete information, you have the right under federal law to dispute it. ESR will investigate your claim, make any necessary adjustments, and issue revised copies to all recipients. Your rights and the accuracy of our reports are of utmost importance to us.
  • Because time is of the essence when there is disputed information in a background check report, the best way to initiate a dispute is to contact ESR by calling 888-999-4474 and asking to speak with the Consumer Desk where trained personnel who understand your concerns are available to assist you.
  • For detailed information about disputing reports, visit our Applicant Support Background Check FAQs page to find out the answer to the question “How Do I Dispute Information in My Consumer Report?”
  • To access the Consumer Financial Protection Bureau (CFPB) document outlining your rights, see: A Summary of your Rights Under the Fair Credit Reporting Act (En español).

Obtaining a Free Copy of Your Background Check Report

  • ESR will gladly provide you with a free copy of any background check report(s) that we have prepared in your name for one of our employer clients. We never charge fees, nor do we have any cutoff dates for your making a request for free copies.
  • To obtain one simply call 888-999-4474 and ask for the Consumer Desk. Trained personnel are available to assist you with obtaining copies of your background check report(s). You will be asked a few questions to help us confirm your identity and protect your confidential information. 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, and two (2) of the following pieces of information: your social security number, date of birth, or driver’s license information.

Obtaining a Free Annual File Disclosure

  • FCRA Sections § 609 and § 610 detail the conditions and form of disclosures made to consumers and provides the ability of a consumer to obtain a copy of their file.
  • FCRA Section § 612. Charges for certain disclosures provides in sub-sections (b) (c) and (d) that a consumer is eligible for a free copy of their file if they: 1. have received an adverse action notice, and/or 2. once in every 12 months upon request, and/or 3. in connection with fraud alerts.
  • Annual File Disclosure: ESR will provide a consumer file disclosure free of charge once every 12 months pursuant to FCRA sections § 609 and § 610.
  • Disclosures in Connection with Fraud Alerts: Upon the request of a consumer, ESR will make all fraud alert disclosures free of charge pursuant to FCRA sections § 609 and § 610.
  • If you have had a background report prepared by ESR, you may request a free annual file disclosure pursuant to the Free Annual File Disclosure Rule, 16 CFR Part 610 by following the instructions found below.

Instructions on How To Obtain a Copy of Your Consumer File

  • Give ESR a call: Request a copy of the free annual file disclosure by phone by calling us at 888-999-4474 and asking for the Consumer Desk.  Trained personnel are available to assist you to obtain a copy of your file. You will be asked a few questions to help us confirm your identity and protect your confidential information1.
  • Submit a form: Click here to download a FACT Act Disclosure Request Form. Complete and print the form, sign it and then fax it to 1-800-399-5423. No cover sheet is needed.
  • US Mail: To obtain a copy of your free annual disclosure by mail, complete and mail the FACT Act Disclosure Request Form to Employment Screening Resources, ATT: Consumer Desk, 7110 Redwood Blvd. Ste. C, Novato, CA 94945.
  • Consumers may check the status of their request by contacting 1-888-999-4474 and asking for the Consumer Desk where trained personnel are available to assist you.

Additional Consumer Information Regarding Background Checks

The most selective companies trust ESR to manage their screening programs.

Employment Screening Resources® (ESR) is a global background check firm that is a strategic choice for employers who need accuracy and compliance in their background screening programs.

ESR is accredited by the Professional Background Screening Association (PBSA) – formerly the National Association of Professional Background Screeners (NAPBS) – and undergoes yearly SSAE 18 SOC 2® Type 2 audits to ensure the privacy, security, confidentiality of consumer information.

ESR founder and CEO Attorney Lester Rosen wrote the book on background checks with “The Safe Hiring Manual.” To learn more about services and solutions from ESR, please fill out the form to the right.