q Applicant Keep This Copy q Federal Fair Credit Reporting Act & DPPA Summary of Individual Rights Federal Motor Carrier Safety Regulation Rights As part of your employment background investigation with ; (Print name of company) personal employment history; drug and alcohol testing history; driving record; criminal history; and credit history may be obtained. There are certain rights that you have as an individual regarding the information obtained, the reporting of the information and the handling of the information. Fair Credit Reporting Act (FCRA) The Fair Credit Reporting Act (FCRA) was designed to promote accuracy, fairness and privacy of information in the files of every consumer reporting agency (CRA). Most CRA s are credit bureaus that gather and sell information about you. This information includes whether you pay your bills on time, the amount of credit levels you have, whether you have filed bankruptcy. Information about your credit history may be obtained by employers, landlords, banks or other businesses. The FCRA gives you specific rights as outlined in this summary. You may have additional rights under state laws or regulations. To find out if you have added rights under your state law contact a state or local consumer protection agency or a state attorney general to learn more about those rights. # You must be told if information in your file has been used against you. Anyone who uses information from a CRA to take action against you, such as denying an application for credit, insurance or employment, must tell you. Additionally, they must give you the name, address and telephone number of the CRA that provided the consumer report. # You can find out what is in your file. At your request, a CRA must give you the information in your file, and a list of everyone who has requested it recently. There is no charge for the report if a person has taken action against you because of information supplied by the CRA, if you request the report within 60 days of receiving notice of the action. You also are entitled to one free report every twelve months upon request if you certify that (1) you are unemployed and plan to seek employment within 60 days, (2) you are on welfare, or (3) your report is inaccurate due to fraud. Otherwise, a CRA may charge you up to eight dollars. # You can dispute inaccurate information with the CRA. If you tell a CRA that your file contains inaccurate information, the CRA must investigate the items (usually within 30 days) by presenting to its information source all relevant evidence you submit, unless your dispute is frivolous. (The source must review national CRAs to which it has provided the data of any error) The CRA must give you a written report of the investigation, and a copy of your report if the investigation results in any change. If the CRA s investigation does not resolve the dispute, you may add a brief statement to your file. The CRA must normally include a summary of your statement in future reports. If an item is deleted or a dispute statement is file, you may ask that anyone who has recently received your report be notified of the change. # Inaccurate information must be corrected or deleted. A CRA must remove or correct inaccurate or unverified information from its files, usually within 30 days after you dispute it. However, the CRA is not required to remove accurate data from your file unless it is outdated ( as described below) or cannot be verified. If your dispute results in any change to your report, the CRA cannot reinsert into your file a disputed item unless the information source verifies its accuracy and completeness. In addition, the CRA must give you a written notice telling you it has reinserted the item. The notice must include the name, address and phone number of the information source. Page 1 of 5 FCRA-DPPA
# You can dispute inaccurate items with the source of the information. If you tell anyone- such as a creditor who reports to a CRA- that you dispute an item, they may not then report the information to a CRA without including a notice of your dispute. In addition, once you ve notified the source of the error in writing, it may not continue to report the information if it is, in fact, an error. # Outdated information may not be reported. In most cases, a CRA may not report negative financial information that is more that seven years old; ten years for bankruptcies. # Access to your file is limited. A CRA may provide information about you only to people with a need recognized by the FCRA - usually to consider an application with a creditor, insurer, employer, landlord, or other business. # Your consent is required for reports that are provided to employers, or reports that contain medical information. A CRA may not give out information about you unless your employer, or prospective employer, has your written consent. A CRA may not report medical information about you to creditors, insurers, or employers without your permission. # You may choose to exclude your name from CRA lists for unsolicited credit and insurance offers. Creditors and insurers may use file information as the basis for sending you unsolicited offers of credit or insurance. Such offers must include a toll-free phone number for you to call if you want your name and address removed from future lists. If you call, you must be kept off the lists for two years. If you request, complete and return the CRA form provided for this purpose, you must be taken off the lists indefinitely. # You may seek damages from violators. If a CRA, a user or (in some cases) a provider of CRA data, violates the FCRA, you may sue them in state or federal court. A complete text of the Federal FCRA can be found on the Federal Trade Commission web site at: http://www.ftc.gov FOR QUESTIONS OR CONCERNS REGARDING Agencies Enforcing Your Rights Under the FCRA PLEASE CONTACT CRAs, creditors and others not listed below National banks, federal branches / agencies of foreign banks (word National or initials N.A. appear in or after bank s name) Federal Reserve System member banks ( except national banks, and federal branches / agencies of foreign banks) Savings associations and federally chartered savings banks ( word Federal or initials FSB appear in federal institution s name) Federal credit unions (words Federal Credit Union appear in institution s name) Federal Trade Commission Consumer Response Center - FCRA Washington, DC 20580 202-326-3761 Office of the Comptroller of the Currency Compliance Management, Mail Stop 6-8 Washington, DC 20219 800-613-6743 Federal Reserve Board Division of Consumer & Community Affairs Washington, DC 20551 202-452-3693 Office of Thrift Supervision Consumer Programs Washington, DC 20552 800-842-6928 National Credit Union Administration 1775 Duke Street Alexandria, VA 22314 703-518-8360 Page 2 of 5 FCRA-DPPA
State-chartered banks that are not members of the Federal Reserve System Air, surface, or rail common carriers regulated by former Civil Aeronautics Board or Interstate Commerce Commission Activities subject to the Packers and Stockyards Act, 1921 Federal Deposit Insurance Corporation Division of Compliance & Consumer Affairs Washington, DC 20429 800-934-FDIC Department of Transportation Office of Financial Management Washington, DC 20590 202-366-1306 Department of Agriculture Office of Deputy Administrator - GIPSA Washington, DC 20250 202-720-7051 Summary of Drivers Privacy Protection Act 18 U.S.C. 2721 et. seq. (Public Law 103-322) Section 2721. Prohibition on release and use of certain personal information from State motor vehicle records (a) In General - Except as provided in subsection (b), a State department of motor vehicles, and any officer, employee, or contractor, thereof, shall not knowingly disclose or otherwise make available to any person or entity personal information about any individual obtained by the department in connection with a motor vehicle record. (b) Permissible Uses - Personal information referred to in subsection (a) shall be disclosed for use in connection with matters of motor vehicle or driver safety and theft, motor vehicle emissions, motor vehicle product alterations, recalls, or advisories, performance monitoring of motor vehicles and dealers by motor vehicle manufacturers, and removal of non-owner records from the original owner records of motor vehicle manufacturers to carry out the purposes of the Automobile Information Disclosure Act, the Motor Vehicle Information and Cost Saving Act, the National Traffic and Motor Vehicle Safety Act of 1966, the Anti-Car Theft Act of1992, and the Clean Air Act, and may be disclosed as follows: (1) For use by any government agency, including any court or law enforcement agency, in carrying out its functions, or any private person or entity acting on behalf of a Federal, State, or local agency in carrying out its functions. (2) For use in connection with matters of motor vehicle or driver safety and theft; motor vehicle emissions; motor vehicle product alterations, recalls, or advisories; performance monitoring of motor vehicles, motor vehicle parts and dealers; motor vehicle market research activities, including survey research; and removal of non-owner records from the original owner records of motor vehicle manufacturers. (3) For use in the normal course of business by a legitimate business or its agents, employees, or contractors, but only - (A) to verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors; and (B) if such information as so submitted is not correct or is no longer correct, to obtain the correct information, but only for the purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against, the individual. (4) For use in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body, including the service of process, investigation in anticipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an order of a Federal, State, or local court. (5) For use in research activities, and for use in producing statistical reports, so long as the personal information is not published, redisclosed, or used to contact individuals. Page 3 of 5 FCRA-DPPA
(6) For use by any insurer or insurance support organization, or by a self-insured entity, or its agents, employees, or contractors, in connection with claims investigation activities, anti-fraud activities, rating or underwriting. (7) For use in providing notice to the owners of towed or impounded vehicles. (8) For use by any licensed private investigative agency or licensed security service for any purpose permitted under this subsection. (9) For use by an employer or its agents or insurer to obtain or verify information relating to a holder of a commercial driver's license that is required under the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. App. 2710 et seq.). (10) For use in connection with the operation of private toll transportation facilities. (11) For any other use in response to requests for individual motor vehicle records if the motor vehicle department has provided in a clear and conspicuous manner on forms for issuance or renewal of operator's permits, titles, registrations, or identification cards, notice that personal information collected by the department may be disclosed to any business or person, and has provided in a clear and conspicuous manner on such forms an opportunity to prohibit such disclosures. (12) For bulk distribution for surveys, marketing or solicitations if the motor vehicle department has implemented methods and procedures to ensure that -- (A) individuals are provided an opportunity, in a clear and conspicuous manner, to prohibit such uses; and (B) the information will be used, rented, or sold solely for bulk distribution for surveys, marketing, and solicitations, and that surveys, marketing, and solicitations will not be directed at those individuals who have requested in a timely fashion that they not be directed at them. (13) For use by any requester, if the requester demonstrates it has obtained the written consent of the individual to whom the information pertains. (14) For any other use specifically authorized under the law of the State that holds the record, if such use is related to the operation of a motor vehicle or public safety. (c) Resale or Redisclosure - An authorized recipient of personal information (except a recipient under subsection (b)(11) or (12)) may resell or redisclose the information only for a use permitted under subsection (b) (but not for uses under subsection (b)(11) or (12)). An authorized recipient under subsection (b)(11) may resell or redisclose personal information for any purpose. An authorized recipient under subsection (b)(12) may resell or redisclose personal information pursuant to subsection (b)(12). Any authorized recipient (except a recipient under subsection(b)(11)) that resells or rediscloses personal information covered by this title must keep for a period of 5 years records identifying each person or entity that receives information and the permitted purpose for which the information will be used and must make such records available to the motor vehicle department upon request. (d) Waiver Procedures -- A State motor vehicle department may establish and carry out procedures under which the department or its agents, upon receiving a request for personal information that does not fall within one of the exceptions in subsection (b), may mail a copy of the request to the individual about whom the information was requested, informing such individual of the request, together with a statement to the effect that the information will not be released unless the individual waives such individual's right to privacy under this section. Section 2722. Additional unlawful acts (a) Procurement for Unlawful Purpose -- It shall be unlawful for any person knowingly to obtain or disclose personal information, from a motor vehicle record, for any use not permitted under section 2721(b) of this title. (b) False Representation -- It shall be unlawful for any person to make false representation to obtain any personal information from an individual's motor vehicle record. Page 4 of 5 FCRA-DPPA
Section 2723. Penalties (a) Criminal Fine -- A person who knowingly violates this chapter shall be fined under this title. (b) Violations by State Department of Motor Vehicles -- Any State department of motor vehicles that has a policy or practice of substantial noncompliance with this chapter shall be subject to a civil penalty imposed by the Attorney General of not more than $5,000 a day for each day of substantial noncompliance. Section 2724. Civil action (a) Cause of Action -- A person who knowingly obtains, discloses or uses personal information, from a motor vehicle record, for a purpose not permitted under this chapter shall be liable to the individual to whom the information pertains, who may bring a civil action in a United States district court. (b) Remedies -- The court may award -- (1) actual damages, but not less than liquidated damages in the amount of$2,500; (2) punitive damages upon proof of willful or reckless disregard of the law; (3) reasonable attorneys' fees and other litigation costs reasonably incurred; and (4) such other preliminary and equitable relief as the court determines to be appropriate. Section 2725. Definitions In this chapter -- (1) "motor vehicle record" means any record that pertains to a motor vehicle operator's permit, motor vehicle title, motor vehicle registration, or identification card issued by a department of motor vehicles; (2) "person" means an individual, organization or entity, but does not include a State or agency thereof; and (3) "personal information" means information that identifies an individual, including an individual's photograph, social security number, driver identification number, name, address (but not the 5-digit zip code), telephone number, and medical or disability information, but does not include information on vehicular accidents, driving violations, and driver's status. Federal Motor Carrier Safety Regulations The Federal Motor Carrier Safety Regulations give you specific rights regarding information provided by previous employers. Such information may include commercial driving safety history, drug and alcohol testing history and other information regarding your fitness as a commercial motor vehicle driver. Your rights include: # The right to review information provided by previous employers; # The right to have errors in the information corrected by the previous employer and for that previous employer to re-send the corrected information to the prospective employer; # The right to have a rebuttal statement attached to the alleged erroneous information, if the previous employer and the driver cannot agree on the accuracy of the information. Under the regulations there are specific time limits for exerting these rights. If you feel you were denied your rights please contact the Federal Motor Carrier Safety Administration. Copyright 2000-2011 SafeTrac Solutions, Inc - All Rights Reserved Page 5 of 5 FCRA-DPPA