Fair Credit Reporting Act
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Employee fraud has increased in frequency and intensity during the past few years, leading employers to step up their use of background checks. These investigations provide opportunities for CPAs and forensic accountants, but they also present legal pitfalls if accountants are not familiar with (FCRA). Fraud does not discriminate and is found in all types of organizations. The FCRA, which took effect in 1971, was enacted to protect consumers from inaccurate or misleading credit reports and from unauthorized disclosure of information in the reports. Applying the FCRA to investigations conducted by accounting firms or fraud investigators may discourage companies from undertaking such investigations and could interfere with their effectiveness when they are pe...
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The Bureau of Consumer Financial Protection (``Bureau'') announces that the ceiling on allowable charges under Section 612(f) of the Fair Credit Reporting Act (``FCRA'') will increase from $11.00 to $11.50 effective April 3, 2012. The Bureau is required to increase the $8.00 amount referred to in Section 612(f)(1)(A)(i) of the FCRA on January 1 of each year, based proportionally on changes in the Consumer Price Index (``CPI''), with fractional changes rounded to the nearest fifty cents. The CPI increased 40.75 percent between September 1997, the date the FCRA amendments took effect, and September 2011. This increase in the CPI, and the requirement that any increase be rounded to the nearest fifty cents, results in a maximum allowable charge of $11.50.
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I. INTRODUCTION
Earlier this year, the Federal Trade Commission (FTC or "the Commission") staff published a report entitled, 40 Years of Experience...
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I. INTRODUCTION
Earlier this year, the Federal Trade Commission (FTC or "the Commission") staff published a report entitled, 40 Years of Experience ...
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The Fair Credit Reporting Act, tort law, discrimination law, and state statutes offer employees inadequate protection from employers who make good credit histories a condition of employment. Congress should amend the Fair Credit Reporting Act to limit an employer's right to procure credit reports on employees for whom the report has no relevance to the job they are asked to perform. Alternatively, Congress should enact employment legislation prohibiting discrimination based on credit rating unless an employer can show that a credit score has meaningful predictive value for the employment at issue.
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In a joint brief filed in a Pennsylvania district court case challenging the Fair Credit Reporting Act, three federal agencies have urged the court to...