The Federal Trade Commission has issued new guidelines for companies that sell employment background checks. Under the Fair Credit Reporting Act companies must ensure “maximum possible accuracy” in reports about job applicants. The FTC warns that a background report incorrectly listing a criminal conviction based on bad records match —for instance, a person with a different middle name than the applicant—could violate FCRA. EPIC recently filed an amicus brief in a case brought by David A. Smith, who was denied employment after a background report incorrectly included the criminal records of David O. Smith.
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