Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: November 2, 2018
The Firm
201-896-4100 info@sh-law.comNew York and New Jersey employers that conduct background checks should be sure to update their forms. Effective September 21, 2018, the Consumer Financial Protection Bureau (CFPB) published an updated “Summary of Your Rights” form, which is required under the federal Fair Credit Reporting Act (FCRA).

The FCRA, which applies when employers obtain background check information from third-party consumer reporting agencies, imposes strict notice and disclosure requirements on employers. It requires employers to notify job applicants and employees that they might use information in their consumer report for decisions related to their employment. The FCRA also requires employers to obtain written authorization to obtain the reports. This written disclosure must be in a stand-alone format separate from the job application and not contain any other content, although it may be contained with the authorization.
When employers obtain an “investigative report,” a report based on personal interviews concerning a person’s character, general reputation, personal characteristics, and lifestyle, they must also tell the applicant or employee of his or her right to a description of the nature and scope of the investigation. In addition, employers are required to provide a copy of “A Summary of Your Rights Under the Fair Credit Reporting Act.”
When taking an adverse action, such as not hiring an applicant or terminating an employee, based on background information obtained through consumer reporting agency, the FCRA has additional requirements. Prior to taking the employment action, the employer must give the applicant or employee a notice that includes a copy of the consumer report relied upon in making the decision and a copy of “A Summary of Your Rights Under the Fair Credit Reporting Act.”
After employers take an adverse employment action, they must tell the applicant or employee (orally, in writing, or electronically): that he or she was rejected because of information in the report; the name, address, and phone number of the company that sold the report; that the company selling the report didn’t make the hiring decision, and can’t give specific reasons for it; that he or she has a right to dispute the accuracy or completeness of the report, and to get an additional free report from the reporting company within 60 days.
The CFPB has revised the model form to reflect amendments to the FCRA. In May, Congress passed the Economic Growth, Regulatory Relief, and Consumer Protection Act, which requires nationwide consumer reporting agencies to provide “national security freezes” free of charge to consumers. The new legislation also mandates that whenever the FCRA requires a consumer to receive either the Summary of Consumer Rights or the Summary of Consumer Identity Theft Rights, a notice regarding the new security freeze right also must be included.
The Economic Growth, Regulatory Relief, and Consumer Protection Act also extends the minimum time that nationwide consumer reporting agencies must include an initial fraud alert in a consumer’s file from 90 days to one year. A fraud alert informs a prospective lender that a consumer may have been a victim of identity theft and requires that the lender take steps to verify the identity of anyone seeking credit in the consumer’s name.
The revised Summary of Your Rights form, which is available here, includes the above changes to the FCRA. To mitigate the impact of these changes on users of the existing model forms, the CFPB’s interim final rule provides that the Bureau will regard the use of the old model forms (dated November 14, 2012) to constitute compliance with the FCRA, so long as a separate page that contains the additional required information is provided in the same transmittal.
The FCRA has consistently been a litigation trap for unwary businesses. Given that the improper use or non-use of the Summary of Rights form has been the subject of class-action lawsuits, employers should verify that they are using the correct version of the form or providing the new information now required under the FCRA.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

When a family member can no longer make important decisions for themself, the question is often not whether the family will step in, but whether they have the legal authority to do so. A spouse may manage household finances, or an adult child may arrange medical care and pay bills. Still, informal assistance does not […]
Author: Marc J. Comer

New Jersey residential developers with affordable housing obligations should carefully review their existing approvals, development agreements, and proposed deed restrictions in light of the State’s revised UHAC regulations (Uniform Housing Affordability Controls). The regulations, which took effect on November 6, 2025, significantly change the administration and physical requirements for affordable housing units. For developers with […]
Author: Wendy Rubinstein Quiroga

A “no comment” response is sometimes the right call when a legal problem arises. As a blanket policy, however, it lets allegations go unanswered, deadlines pass, evidence disappear, and manageable disputes grow into expensive litigation. The businesses that fare best are usually the ones that say little publicly while acting decisively behind the scenes. When […]
Author: Sean M. Pena

Utility-scale battery energy storage systems (BESS) are becoming an increasingly important component of the electric grid throughout New Jersey, New York, and Pennsylvania. As renewable generation expands, electricity demand increases and grid operators seek greater flexibility, battery storage can help balance supply and demand while providing additional capacity and reliability. For developers, battery storage presents […]
Author: Nicholas Wall

A falling out between partners can be disastrous for any business. In many cases, the partnership will not survive. If you are in an unworkable situation with your partners, it may be time to consult a partnership dispute lawyer experienced in handling partnership breakups and dissolutions before the situation deteriorates any further. It is easy […]
Author: Jay McDaniel

When a company enters Chapter 11 bankruptcy, many assume the process will culminate in a lengthy reorganization plan. However, distressed businesses are increasingly being sold through a different mechanism — a sale under Section 363 of the United States Bankruptcy Code. A Section 363 sale allows a company, as a debtor-in-possession in bankruptcy, to sell […]
Author: John D. Giampolo
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!