U.S. Code » Title 15 » Chapter CHAPTER 41— CONSUMER CREDIT PROTECTION › Subchapter SUBCHAPTER III— CREDIT REPORTING AGENCIES

15 U.S.C. § 1681k

Public record information for employment purposes

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(a) In generalA consumer reporting agency which furnishes a consumer report for employment purposes and which for that purpose compiles and reports items of information on consumers which are matters of public record and are likely to have an adverse effect upon a consumer’s ability to obtain employment shall—(1) at the time such public record information is reported to the user of such consumer report, notify the consumer of the fact that public record information is being reported by the consumer reporting agency, together with the name and address of the person to whom such information is being reported; or(2) maintain strict procedures designed to insure that whenever public record information which is likely to have an adverse effect on a consumer’s ability to obtain employment is reported it is complete and up to date. For purposes of this paragraph, items of public record relating to arrests, indictments, convictions, suits, tax liens, and outstanding judgments shall be considered up to date if the current public record status of the item at the time of the report is reported.(b) Exemption for national security investigations

Subsection (a) does not apply in the case of an agency or department of the United States Government that seeks to obtain and use a consumer report for employment purposes, if the head of the agency or department makes a written finding as prescribed under section 1681b(b)(4)(A) of this title.

(Pub. L. 90–321, title VI, § 613, as added Pub. L. 91–508, title VI, § 601, Oct. 26, 1970, 84 Stat. 1133; amended Pub. L. 105–347, § 4(b), Nov. 2, 1998, 112 Stat. 3210.)Editorial NotesAmendments

1998—Pub. L. 105–347 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

Statutory Notes and Related SubsidiariesEffective Date of 1998 Amendment

Amendment by Pub. L. 105–347 deemed to have same effective date as amendments made by section 2403 of Pub. L. 104–208, see section 7 of Pub. L. 105–347, set out as a note under section 1681a of this title.

Effective Date

Section effective upon the expiration of one hundred and eighty days following Oct. 26, 1970, see section 504(d) of Pub. L. 90–321, as added by Pub. L. 91–508, set out as a note under section 1681 of this title.

Notes of Decisions
Cited in 53 cases (23 in the last 5 years), 1982–2026 · leading case: Adams v. Nat'l Eng'g Serv. Corp., 620 F. Supp. 2d 319 (D. Conn. 2009).
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Adams v. Nat'l Eng'g Serv. Corp., 620 F. Supp. 2d 319 (D. Conn. 2009). · cites it 4× “15 U.S.C. § 1681k. In this case, the threshold requirements for the application of this section are clearly met, as the information concerning Adams’ criminal history was reported for employment purposes, was a matter of public record, and was certainly likely to have an adverse…”
Smith v. HireRight Solutions, Inc., 711 F. Supp. 2d 426 (E.D. Pa. 2010). · cites it 5× “§ 1681e(b); and (2) 15 U.S.C. § 1681k. Via its present Motion to Dismiss, Defendant challenges both of these violations, specifically claiming that under Iqbal/Twombly standards, the Complaint fails to set forth specific facts to plausibly suggest that Defendant’s conduct was…”
Farmer v. Phillips Agency, Inc., 285 F.R.D. 688 (N.D. Ga. 2012). · cites it 4× “In this motion, plaintiff seeks to certify a *691 class action against defendant premised on one provision of the FCRA, 15 U.S.C. § 1681k. II. The Fair Credit Reporting Act The FCRA sets standards for consumer reporting agencies.”
Poore v. Sterling Testing Sys., Inc., 410 F. Supp. 2d 557 (E.D. Ky. 2006). · cites it 4× “Sterling and USIS also appear to argue that Sterling complied with this provision in that the report they provided to Colgate was, in fact, “complete” and “up to date.” The Act specifically states that, “items of public record related to arrests, indictments, convictions .”
Obabueki v. Int'l Bus. MacHines Corp., 145 F. Supp. 2d 371 (S.D.N.Y. 2001). · cites it 2× “Section 1681k 15 U.S.C. § 1681k sets forth public record obligations which apply specifically in the employment context.”
Ridenour v. Multi-Color Corp., 147 F. Supp. 3d 452 (E.D. Va. 2015). · cites it 3× “Count Thrée — 15 U.S.C. § 1681k(a) Sterling seeks dismissal of Count Three on the ground that the complaint does not state a-plausible claim that Sterling failed to “maintain strict procedures designed to insure that” the criminal record information it reports is “complete and…”
Brown v. Lowe's Companies, Inc., 52 F. Supp. 3d 749 (W.D.N.C. 2014). · cites it 5× “FCRA Claim against LexisNexis (15 U.S.C. § 1681k) In Count Two, Plaintiffs allege that the consumer reports LexisNexis provided Lowe’s were “inaccurate” and “not complete or up -to date,” and that LexisNexis failed to comply with the requirements set forth by 15 U.”
Jones v. Sterling Infosystems, Inc., 317 F.R.D. 404 (S.D.N.Y. 2016). · cites it 4× “Fair Credit Reporting Act Jones is pursuing class certification only for his claims that Sterling willfully violated FCRA section 1681k(a), 15 U.S.C. § 1681k(a), and its New York analogue, the New York Fair Credit Reporting Act (“NY-FCRA”) section 380-g, N.”
Smith v. E-BackgroundChecks.com, Inc., 81 F. Supp. 3d 1342 (N.D. Ga. 2015). · cites it 3× “§ 1681i; and (3) willfully and negligently failing to provide notice to him that public record information was being reported for employment purposes, or alternatively, willfully and negligently failing to employ strict procedures to ensure that public record information is…”
Henderson v. Corelogic Nat'l Background Data, LLC, 161 F. Supp. 3d 389 (E.D. Va. 2016). · cites it 5× “§ 1681k, failed to satisfy the requirements thereof because: (1) NBD never sent notices to consumers when it provided criminal background information to its customers; and (2) NBD failed to satisfy the alternative provision 1 of § 1681k (a)(2) due to “the manner in which it…”
Henderson v. Corelogic Nat'l Background Data, LLC, 178 F. Supp. 3d 320 (E.D. Va. 2016). · cites it 5× “§ 1681k, failed to satisfy the requirements thereof because: (1) NBD never sent notices to consumers when it provided criminal background information to its customers; and (2) NBD failed to satisfy the alternative provision 1 of § 1681k (a) (2) due to “the manner in which it…”
Haley v. TalentWise, Inc., 9 F. Supp. 3d 1188 (W.D. Wash. 2014). · cites it 2× “A Violation of 15 U.S.C. § 1681k is Plausible as She was Not Notified of the Report and it was Not Up to Date 15 U.”
Show all 53 citing cases →
— 15 U.S.C. § 1681k(1) — 1 case
Wentworth v. Metrodata Servs., Inc. (W.D.N.Y. 2021).
— 15 U.S.C. § 1681k(2) — 3 cases
Equifax Inc., a Corp. v. Fed. Trade Comm'n, 678 F.2d 1047 (11th Cir. 1982).
Poore v. Sterling Testing Sys., Inc., 410 F. Supp. 2d 557 (E.D. Ky. 2006). “Sterling and USIS also appear to argue that Sterling complied with this provision in that the report they provided to Colgate was, in fact, “complete” and “up to date.” The Act specifically states that, “items of public record related to arrests, indictments, convictions .”
Houston v. TRW Info. Servs., Inc., 707 F. Supp. 689 (S.D.N.Y. 1989).
— 15 U.S.C. § 1681k(a) — 22 cases
Smith v. HireRight Solutions, Inc., 711 F. Supp. 2d 426 (E.D. Pa. 2010). “§ 1681e(b); and (2) 15 U.S.C. § 1681k. Via its present Motion to Dismiss, Defendant challenges both of these violations, specifically claiming that under Iqbal/Twombly standards, the Complaint fails to set forth specific facts to plausibly suggest that Defendant’s conduct was…”
Brown v. Lowe's Companies, Inc., 52 F. Supp. 3d 749 (W.D.N.C. 2014). “FCRA Claim against LexisNexis (15 U.S.C. § 1681k) In Count Two, Plaintiffs allege that the consumer reports LexisNexis provided Lowe’s were “inaccurate” and “not complete or up -to date,” and that LexisNexis failed to comply with the requirements set forth by 15 U.”
Poore v. Sterling Testing Sys., Inc., 410 F. Supp. 2d 557 (E.D. Ky. 2006). “Sterling and USIS also appear to argue that Sterling complied with this provision in that the report they provided to Colgate was, in fact, “complete” and “up to date.” The Act specifically states that, “items of public record related to arrests, indictments, convictions .”
Tyrone Henderson, Sr. v. The Source for Pub. Data, L.P., 53 F.4th 110 (4th Cir. 2022).
Henderson v. Corelogic Nat'l Background Data, LLC, 161 F. Supp. 3d 389 (E.D. Va. 2016). “§ 1681k, failed to satisfy the requirements thereof because: (1) NBD never sent notices to consumers when it provided criminal background information to its customers; and (2) NBD failed to satisfy the alternative provision 1 of § 1681k (a)(2) due to “the manner in which it…”
— 15 U.S.C. § 1681k(a)(1) — 9 cases
Ridenour v. Multi-Color Corp., 147 F. Supp. 3d 452 (E.D. Va. 2015). “Count Thrée — 15 U.S.C. § 1681k(a) Sterling seeks dismissal of Count Three on the ground that the complaint does not state a-plausible claim that Sterling failed to “maintain strict procedures designed to insure that” the criminal record information it reports is “complete and…”
Smith v. E-BackgroundChecks.com, Inc., 81 F. Supp. 3d 1342 (N.D. Ga. 2015). “§ 1681i; and (3) willfully and negligently failing to provide notice to him that public record information was being reported for employment purposes, or alternatively, willfully and negligently failing to employ strict procedures to ensure that public record information is…”
Jones v. Sterling Infosystems, Inc., 317 F.R.D. 404 (S.D.N.Y. 2016). “Fair Credit Reporting Act Jones is pursuing class certification only for his claims that Sterling willfully violated FCRA section 1681k(a), 15 U.S.C. § 1681k(a), and its New York analogue, the New York Fair Credit Reporting Act (“NY-FCRA”) section 380-g, N.”
Wentworth v. Metrodata Servs., Inc. (W.D.N.Y. 2021).
Mejia v. Truthfinder, LLC (S.D. Cal. 2022).
— 15 U.S.C. § 1681k(a)(2) — 13 cases
Farmer v. Phillips Agency, Inc., 285 F.R.D. 688 (N.D. Ga. 2012). “In this motion, plaintiff seeks to certify a *691 class action against defendant premised on one provision of the FCRA, 15 U.S.C. § 1681k. II. The Fair Credit Reporting Act The FCRA sets standards for consumer reporting agencies.”
Adams v. Nat'l Eng'g Serv. Corp., 620 F. Supp. 2d 319 (D. Conn. 2009). “15 U.S.C. § 1681k. In this case, the threshold requirements for the application of this section are clearly met, as the information concerning Adams’ criminal history was reported for employment purposes, was a matter of public record, and was certainly likely to have an adverse…”
Ridenour v. Multi-Color Corp., 147 F. Supp. 3d 452 (E.D. Va. 2015). “Count Thrée — 15 U.S.C. § 1681k(a) Sterling seeks dismissal of Count Three on the ground that the complaint does not state a-plausible claim that Sterling failed to “maintain strict procedures designed to insure that” the criminal record information it reports is “complete and…”
Jones v. Sterling Infosystems, Inc., 317 F.R.D. 404 (S.D.N.Y. 2016). “Fair Credit Reporting Act Jones is pursuing class certification only for his claims that Sterling willfully violated FCRA section 1681k(a), 15 U.S.C. § 1681k(a), and its New York analogue, the New York Fair Credit Reporting Act (“NY-FCRA”) section 380-g, N.”
Henderson v. Corelogic Nat'l Background Data, LLC, 161 F. Supp. 3d 389 (E.D. Va. 2016). “§ 1681k, failed to satisfy the requirements thereof because: (1) NBD never sent notices to consumers when it provided criminal background information to its customers; and (2) NBD failed to satisfy the alternative provision 1 of § 1681k (a)(2) due to “the manner in which it…”
— 15 U.S.C. § 1681k(a)(l) — 6 cases
Adams v. Nat'l Eng'g Serv. Corp., 620 F. Supp. 2d 319 (D. Conn. 2009). “15 U.S.C. § 1681k. In this case, the threshold requirements for the application of this section are clearly met, as the information concerning Adams’ criminal history was reported for employment purposes, was a matter of public record, and was certainly likely to have an adverse…”
Farmer v. Phillips Agency, Inc., 285 F.R.D. 688 (N.D. Ga. 2012). “In this motion, plaintiff seeks to certify a *691 class action against defendant premised on one provision of the FCRA, 15 U.S.C. § 1681k. II. The Fair Credit Reporting Act The FCRA sets standards for consumer reporting agencies.”
Poore v. Sterling Testing Sys., Inc., 410 F. Supp. 2d 557 (E.D. Ky. 2006). “Sterling and USIS also appear to argue that Sterling complied with this provision in that the report they provided to Colgate was, in fact, “complete” and “up to date.” The Act specifically states that, “items of public record related to arrests, indictments, convictions .”
Smith v. E-BackgroundChecks.com, Inc., 81 F. Supp. 3d 1342 (N.D. Ga. 2015). “§ 1681i; and (3) willfully and negligently failing to provide notice to him that public record information was being reported for employment purposes, or alternatively, willfully and negligently failing to employ strict procedures to ensure that public record information is…”
Meyer v. Nat'l Tenant Network, Inc., 10 F. Supp. 3d 1096 (N.D. Cal. 2014).
— 15 U.S.C. § 1681k(b) — 3 cases
Meuse v. Nat'l P.I. Servs., LLC (D. Mass. 2024).
Meuse v. Nat'l P.I. Servs., LLC (D. Mass. 2022).
Meuse v. Nat'l P.I. Servs., LLC (D. Mass. 2023).
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