You Gotta Keep’em Separated…
We are hearing loudly and clearly from several of the leading FCRA attorneys that the time has come for employers to replace the combined disclosure and authorization form with TWO separate forms. Yes, the latest guidance is to keep them separated!
The emerging best practice is to adopt a “packet” concept including the disclosure, authorization, notice of state rights, summary of rights, required state/local notices and collection of required personal data.
It is clear to us that the more this information is broken up into separate documents, the less likely litigation will occur.
You should have a knowledgeable FCRA lawyer review your current forms and the forms you wish to use going forward. We can provide you with several contacts if you do not have a relationship with a knowledgeable FCRA attorney. We can also provide templates which were created for us by a leading legal expert in these matters.
Further, it seems wise to schedule an annual review of these processes with your legal counsel going forward. The legal landscape is changing constantly.
As always, we are available to discuss these developments with you. Feel free to reach out if we can help in any way.
