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United States · Law · S

S. 2561 (105th)

Consumer Reporting Employment Clarification Act of 1998

enactedUnited States· United States Congress· EN

Introduced

6 October 1998

Last action

Status

Became Public Law No: 105-347.

Sponsors

Subjects

Discovery layer

Source updated

2 January 2025

Summary

Consumer Reporting Employment Clarification Act of 1998 - Amends the Fair Credit Reporting Act to allow notice and consent requirements (regarding procurement of a consumer report for employment purposes) to be handled by oral, written, or electronic means when: (1) the consumer involved applies for certan motor carrier employment positions regulated by the Secretary of Transportation or a State transportation agency; and (2) the only interaction at that point between the applicant and the report procurer has been by such means. Allows such means to be used in those circumstances when an adverse action is taken based on the report. (Sec. 3) Allows a consumer reporting agency to furnish such a report only if the agency meets certain requirements, including providing with the report, or having previously provided, a summary (currently, providing with the report a summary) of the consumer's rights. (Sec. 4) Provides national security exemptions for a consumer reporting agency from requirements to disclose to a consumer: (1) the identity of each person that procured a report on that consumer; and (2) that public record information was reported that is likely to have an adverse effect on a consumer's ability to obtain employment. (Sec. 5) Prohibits a consumer reporting agency from reporting on civil suits, civil judgments, and arrest records (currently, reporting on suits and judgments) that are more that seven years before the report or until the governing statute of limitations has expired, whichever is longer. Removes provisions prohibiting the reporting of certain criminal matters more than seven years before the report. Exempts records of criminal convictions from the general prohibition of reporting matters over seven years old.

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Documents

9 official files

Enrolled Bill (text)

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