Client/Employer purchased my credit report without my permission
I'm a software contractor. Three days after beginning a contract the client called me into their office and asked me to explain some negatives on my credit report that were over 3 years old. Do I have any recourse since they did NOT receive my permission to do a credit check on me? I do know which reporting agency they used.
1 answer | asked Jun 7, 2001 09:30 AM [EST] | applies to Ohio
Answers (1)
Credit checks in employment
Dave:
The answer to your question is in the Fair Credit Reporting Act. It prohibits employers from making employment decisions based on a credit report without the applicant's consent and without informing the applicant that it used the report. The first issue in your case is whether you are an "employee." From your question, it sounds like you may be an independent contractor and not an employee. Second, it does not sound like the client made an adverse decision based on the report (i.e., did not hire you or fired you). This leaves the question of whether you have a remedy against any other person who accesses your credit records. I do not know the answer. However, you should be able to find out by doing a general search engine search on the phrase Fair Credit Reporting Act.
Best regards,
Neil.
posted by Neil Klingshirn | Jun 7, 2001 11:05 AM [EST]
Dave:
The answer to your question is in the Fair Credit Reporting Act. It prohibits employers from making employment decisions based on a credit report without the applicant's consent and without informing the applicant that it used the report. The first issue in your case is whether you are an "employee." From your question, it sounds like you may be an independent contractor and not an employee. Second, it does not sound like the client made an adverse decision based on the report (i.e., did not hire you or fired you). This leaves the question of whether you have a remedy against any other person who accesses your credit records. I do not know the answer. However, you should be able to find out by doing a general search engine search on the phrase Fair Credit Reporting Act.
Best regards,
Neil.
posted by Neil Klingshirn | Jun 7, 2001 11:05 AM [EST]
Answer This Question
Sign In to Answer this Question
Related Questions with Answers
Contact Neil Klingshirn
Neil Klingshirn
AV rated Super Lawyer and Employment Law Specialist
Independence, OH
Phone: 216-382-2500