Pursuant to the Fair Credit Reporting Act (pdf), the Federal Trade Commission has promulgated three notices (pdf): (i) A General Summary of Rights; (ii) A Notice to Furnishers of Information to Consumer Reporting Agencies; and (iii) A Notice to Users of Consumer Reports (such as employers). In late August, the FTC proposed revisions to the three current forms.

General Summary of Rights

The proposed revised General Summary of Rights, which needs to be provided by an employer if a pre-adverse action notice is issued, incorporates notice of the individual’s rights to contest the accuracy of information contained in a consumer report not only with the consumer reporting agency but also the entity that furnished the information to the consumer reporting agency. The proposed notice also is more streamlined and unlike the current notice refers to various government websites from which relevant information can be accessed rather than listing all relevant federal agencies responsible for the enforcing the FCRA.

Notice to Furnishers

The proposed Notice to Furnishers incorporates the recently imposed obligations on data furnishers to establish policies and procedures to ensure the accuracy of information provided to consumer reporting agencies, as well as the obligation to address disputes regarding accuracy raised by the subject of the report with the data furnisher.

Notice to Users

The proposed Notice to Users, which is provided by a consumer reporting agency to an employer along with an End User Certification, incorporates additional obligations imposed on users by, among others, the FTC’s Address Discrepancy and Medical Information rules.

The proposed notices are now subject to a public notice and comment period.

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Photo of Joseph J. Lazzarotti Joseph J. Lazzarotti

Joseph J. Lazzarotti is a principal in the Tampa, Florida, office of Jackson Lewis P.C. He founded and currently co-leads the firm’s Privacy, Data and Cybersecurity practice group, edits the firm’s Privacy Blog, and is a Certified Information Privacy Professional (CIPP) with the…

Joseph J. Lazzarotti is a principal in the Tampa, Florida, office of Jackson Lewis P.C. He founded and currently co-leads the firm’s Privacy, Data and Cybersecurity practice group, edits the firm’s Privacy Blog, and is a Certified Information Privacy Professional (CIPP) with the International Association of Privacy Professionals. Trained as an employee benefits lawyer, focused on compliance, Joe also is a member of the firm’s Employee Benefits practice group.

In short, his practice focuses on the matrix of laws governing the privacy, security, and management of data, as well as the impact and regulation of social media. He also counsels companies on compliance, fiduciary, taxation, and administrative matters with respect to employee benefit plans.

Photo of Richard I. Greenberg Richard I. Greenberg

Richard Greenberg, a Principal in New York City office of Jackson Lewis P.C., is admitted to the bar of the State of New York and the Federal District Court for the Southern District of New York. Mr. Greenberg graduated from Cornell University’s…

Richard Greenberg, a Principal in New York City office of Jackson Lewis P.C., is admitted to the bar of the State of New York and the Federal District Court for the Southern District of New York. Mr. Greenberg graduated from Cornell University’s School of Industrial and Labor Relations in 1992 and earned a Juris Doctor degree from Brooklyn Law School in 1995.

He advises both unionized and union-free clients on a full-range of labor and employee relations matters. With respect to traditional labor matters, Mr. Greenberg represents clients in collective bargaining negotiations, labor disputes, grievances and arbitrations, proceedings before the National Labor Relations Board, and in state and federal court. Mr. Greenberg also advises clients on the legal aspects of remaining union-free. With respect to employee relations matters, Mr. Greenberg has extensive experience assisting clients in numerous industries with the development and maintenance of personnel policies and personnel infrastructures. In this regard, Mr. Greenberg often works on these issues with clients as business needs and culture change as a result of business transactions, such as mergers and acquisitions.

Mr. Greenberg regularly advises clients on compliance with the myriad of federal and state employment laws, including the FMLA, FLSA, ADA, ADEA and WARN, as well as new legal developments impacting labor and employment policies and practices.