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Why You Shouldn’t Rely On Public Records Sites When Screening

January 26, 2021

Public records sites are not required to comply with federal laws like the FCRA. Therefore, their data might not be current, accurate or complete.

What Public Records Sites Provide

Numerous public records websites offer data about people in the United states. They allow visitors to run searches by name, phone or address. Their results are likely to include multiple people who partially match the criteria.

After running a search, the visitor can order reports. They typically feature full names, aliases, address history and phone numbers. Depending on the type, they may also supply criminal records, social media content, property records and more.

However, this information should not be used by employers as a background screening tool or for any business purpose.

Public Records Sites Aren’t Compliant

Organizations rely on consumer reports when they are hiring, promoting and making other employment decisions. However, the documents sold by public records websites are not consumer reports. The businesses that produce them are not Consumer Reporting Agencies (CRAs) and therefore are not required to comply with certain federal laws like the Fair Credit Reporting Act (FCRA).

The FCRA defines CRAs and laws employers must follow when running background checks on consumers. It stipulates that consumer reports must contain accurate and current data. CRAs are required to follow reasonable procedures for accuracy and to ensure the information they provide is “fresh” and reportable.

Most public records websites feature a disclaimer that explains they are not CRAs and their reports cannot be used to help determine a subject’s eligibility for employment, insurance or other necessities. It can be easy to miss these disclaimers, and many public records sites have marketing materials that give the impression they can be used by businesses.

The reports public records websites create could include outdated information. They may also offer data for numerous people instead of just an individual. That can make it easy for readers to misinterpret what they are reviewing.

If an employer makes a hiring or related decision based on false or out-of-date records, it can lead to disputes and other repercussions. Numerous lawsuits have been filed against employers that allegedly took adverse actions based on incorrect information.

The PBSA

The Professional Background Screening Association (PBSA) is an organization that was formed to “represent the interest of companies offering employment and tenant background screening services.” They also establish strong levels of ethics and performance standards for the industry.

CRAs can ask to be accredited by the PBSA. To achieve accreditation, a CRA must undergo a rigorous audit from an independent third-party that confirms they demonstrate a strong commitment to:

  • Information Security
  • Legal and Compliance
  • Client Education
  • Researcher and Data Standards
  • Verification Services Standards
  • Business Practices

Backgrounds Online is proud to be an accredited Consumer Reporting Agency.

Get Current, Accurate Backgrounds Checks

If your organization is looking for background checks that help you make informed decisions, create safe workplaces and conduct due diligence, please contact us. We take reasonable steps to comply with the FCRA as well as federal, state and local laws.

Our reports go through a strict Quality Control process to help ensure they adhere to relevant laws and best practices. Each member of our team undergoes a lengthy training period and earns their FCRA certification. We are here to assist you Monday through Friday from 5am to 6pm PT.

#BackgroundCheck #PublicRecords #PBSA #FCRA

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