California ICRAA Compliance Requirements

Soft Pull Solutions requires all end-users who obtain Consumer Reports for employment or tenant screening purposes to comply with the California Investigative Consumer Reporting Agencies Act ("ICRAA") and the requirements described below.

These requirements apply when an end-user obtains a Consumer Report using information gathered in whole or in part through personal interviews with neighbors, friends, associates, or acquaintances of the consumer, or containing information bearing on the consumer's character, general reputation, personal characteristics, or mode of living.

1. Pre-Screening Disclosure

Before obtaining a Consumer Report for employment or tenant screening purposes, the end-user must provide the consumer with a clear and conspicuous written disclosure.

The disclosure must:

Be provided in a document consisting solely of the disclosure.
Be separate from other documents.
State the nature and scope of the investigation requested.
Include a summary of the provisions of California Civil Code § 1786.22 concerning the consumer's right to inspect their file.
Include the Internet website address and telephone number of the investigative consumer reporting agency where the consumer may obtain information about the agency's privacy practices, including whether the consumer's personal information will be sent outside the United States.
State the specific purpose for which the Consumer Report is being obtained, such as employment screening or tenant screening.

2. Written Consumer Consent

Before obtaining the Consumer Report, the end-user must obtain the consumer's written consent.

The consent must:

Clearly and expressly authorize the procurement of a Consumer Report.
Be signed and dated by the consumer.

The end-user must retain a copy of the signed consent.

3. ICRAA Summary of Rights

When obtaining a Consumer Report that includes information obtained through personal interviews, the end-user must provide the consumer with a copy of the applicable ICRAA Summary of Rights.

The information provided to the consumer must include:

A statement explaining the consumer's right to request additional disclosures concerning the nature and scope of the investigation.
Information explaining how the consumer may view their file and request access to the investigative Consumer Report.
Information explaining how the consumer may contact the consumer reporting agency to obtain a copy of the report.

4. Pre-Adverse Action Requirements

If the end-user intends to take adverse action based on information contained in a Consumer Report, the end-user must first provide the consumer with a pre-adverse action notice.

The pre-adverse action notice must include:

A copy of the Consumer Report used in making the decision.
A copy of the consumer's Summary of Rights under ICRAA and, where applicable, the Fair Credit Reporting Act ("FCRA").

The consumer must be given a reasonable period of time to review the report and dispute any information that is inaccurate or incomplete before the end-user proceeds with the adverse action.

5. Final Adverse Action Notice

If the end-user decides to proceed with the adverse action, the end-user must provide the consumer with a final adverse action notice.

The final adverse action notice must include:

The name, address, and telephone number of the consumer reporting agency.
A statement that the consumer reporting agency did not make the adverse decision and cannot provide the specific reasons for the decision.
Notice of the consumer's right to dispute the accuracy or completeness of information contained in the report.
Notice that the consumer may obtain an additional free copy of their report within 60 days of the adverse action notice.

6. Record Retention and Security

End-users must retain records of:

Disclosures provided to consumers.
Written consumer consents.
Summary of Rights notices.
Pre-adverse and final adverse action notices.
Consumer requests for access to their files.

These records must be maintained for a minimum of five (5) years.

Records must be securely stored and accessible only to authorized personnel.

End-users must also maintain procedures for verifying the identity of consumers who request access to their files and must retain records of those requests for at least five (5) years.

7. End-User Responsibility

Each end-user is responsible for complying with the requirements described above when using Soft Pull Solutions services for employment or tenant screening purposes.

Failure to comply with applicable ICRAA requirements may result in immediate suspension or termination of the end-user's access to Soft Pull Solutions services.