Monday, June 24, 2024
Compliance Resources

Our technical operations group works with counsel to ensure that the FCRA is addressed precisely in our proprietary software systems. Also, our research analyst often investigates accuracy issues in public record keeping that impact our investigations. This is critical because a major aspect of FCRA compliance is accuracy.

Our counsel regularly conducts compliance training for all Validex staff, particularly those in the Customer Service Group. Also, new service staff have limited access to our data systems; they gain access to more data modules as they demonstrate understanding of our MPA.

Our Web site is ripe with examples of the success of our MPA—examples that improve your compliance success as well:

  • The system makes it easy to define hiring standards that are consistent and well documented.
  • The system automatically handles state-related FCRA exceptions, such as applicant notifications in California, Minnesota and Oklahoma.
  • The system makes it easy to restrict your staff access to reports containing sensitive data.

Doing Our Homework

Validex demonstrates its commitment to compliance by maintaining in-house counsel to keep pace with the ever-changing legal landscape. Besides legal review of our internal processes and the MPA, counsel takes the lead in defining current priorities for keeping pace with change.

Counsel conducts bi-weekly searches of resources covering FCRA and related laws, regulations and case law. When the research turns up changes, Validex moves promptly to update its computer systems and staff procedures. We announce routine changes in the “What’s New” page that users see upon login. The CSMs contact their clients about critical changes.

Our Experience is Your Experience

Validex is a nationally recognized Fair Credit Reporting Act expert. We regularly provide speakers presenting to large groups of attorneys and human resource managers discussing FCRA and its impact on employment screening.

napbsValidex is a founding member of the National Association of Professional Background Screeners (NAPBS). We have served at different levels on the NAPBS Best Practices Committee, collaborating on policy, procedure and compliance for the industry.

InfragardValidex is a partner with the Justice Department's InfraGard program.

As long-time members of the American Society for Industrial Security (ASIS), we have been instrumental in developing guidelines to assist employers in using screening vendors effectively.

contactPartner with the Experts - Contact a Validex Account Executive for more details about FCRA Compliance and receive a complimentary copy of the Validex document, “Complying with Background Screening Laws.”

FCRA Compliance

Staying in compliance matters when you use a vendor to screen your applicants and employees. Validex has spent years developing and refining business practices and software that make it easy for you to achieve compliance. A sample of compliance considerations employed by Validex are:

  • The Fair Credit Reporting Act (FCRA) on vendor and employer requirements, such as Adverse Action.
  • Fair and Accurate Credit Transaction (FACT) Act on dispute processes, identity theft, and other issues.
  • Federal Trade Commission regulations and opinions.
  • State laws, including varying requirements on giving copies of reports to applicants.
  • Report limitations, both state and federal.
  • The Driver’s Privacy Protection Act (DPPA).
  • The Gramm-Leach-Bliley Act (GLBA).
  • Department of Transportation regulations.
  • State consumer privacy laws.
  • Drug testing requirements.
  • Federal Trade Commission regulations and opinions.
  • Case law, including cases that interpret the FCRA and state privacy laws.

We Keep You Informed

Compliance has always been a moving target—and always will be. The rules change regularly, and when they do Validex will keep you informed. We use several approaches to achieve this, but some of the most important revolve around your Validex Customer Service Manager (CSM), your single point of contact. The CSM’s knowledge of your account allows them to point out relevant compliance concerns and ensures that we notify the most appropriate person in your organization.

Most compliance issues raised by clients relate to their unique business concerns. The CSM often answers these questions. In addition, the CSM can turn to Validex’s in-house counsel on compliance matters and discuss solutions with the client.

For clients wanting to read in-depth articles on compliance, our Web site is a convenient resource. The Validex general counsel produces educational features based on trends, changes in laws and court cases.

Keeping Ourselves Compliant

Our in-house counsel, our technical operations group, and our customer service group are constantly leading efforts to fine-tune compliance in every aspect of our service delivery. From the time you become our client, to the time you request services or receive a report, you are using a process that has been reviewed for compliance.

MPAWe have spent many years building out our extensive, internal Maximum Possible Accuracy (MPA) standards, which define our procedures for everything from business practices, such as making telephone investigative calls, to the design of our proprietary, custom software systems. The MPA reflects not only our counsel's guidance but also the real-world experience we have gained in nearly 2 decades of focusing on employment screening. Some specific examples:

  • Our CSMs monitor reports for investigative data that is prohibited by the FCRA, such as criminal charges that were dismissed.
  • makes it easy for you to restrict report viewing to maintain compliance on sensitive records.
  • Service packages enable you to ensure that your users consistently implement your corporate hiring policies.
  • For applicants with Web access, simplifies submitting a dispute on a report.
  • Validex also provides pre-adverse and adverse action notifications, further reducing your risks.