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Archive for May, 2007

Under Federal Law Rewrite

Wednesday, May 23rd, 2007

The purpose of our service is to protect your company from employees that may cause harm to its business and/or reputation.  Through a thorough screening process, we provide a consumer report regarding each individual’s background - to include all information gathered through persons that have knowledge of the individual.  Keep in mind, however, that under federal law the information we provide may result in what is commonly termed an “adverse action”.

In the case of a adverse action, the individual in question may be denied employment, terminated, have a job offer rescinded or denied a promotion.  In all cases where an adverse action may result, you must take the following steps to legally protect yourself.

Pre-adverse Action-  A “pre-adverse action disclosure” must be made in writing to the applicant or employee along with a copy of the consumer report and the consumer’s rights under the Fair Credit Reporting Act*.  This notification informs the individual that the information obtained in the consumer report may be used, in whole or in part, in the decision to deny employment.

Once issued, you must allow ample time for the client or applicant to receive all items.

Post-adverse Action-   If you proceed with the adverse-action, the individual must be notified in writing or orally that the information contained in the consumer report lead (in whole or in part) to the decision to terminate. 

More importantly, the information supplied to the client at this time must contain:

  • - A statement confirming that the consumer reporting agency did not have a role in the decision to terminate, and cannot answer questions regarding the reason for termination.
  • - The information (name, address, phone) regarding the consumer reporting agency that provided the report. This is necessary so that the individual may dispute any information the report contains.
  • - A notice informing the client that they do have a right to dispute the information contained in the consumer report, and that they are entitled to an additional free consumer report upon request within 60 days.

Please be mindful that these steps are further explained on the Federal Trade Commission’s website: http://www.ftc.gov/bcp/conline/pubs/buspubs/credempl.htm.  

 The consumer report policies are modified for certain positions such as those for the U.S. Department of Transportation (DOT) regulation, which has independent authority to set its own worker qualifications.
*A Summary of Your Rights Under the Fair Credit Reporting Act

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Tenant Eviction

Thursday, May 17th, 2007

Most don’t realize that evicting a tenant can be a long, uphill legal battle that takes time, costs money and often ends in the landlord losing, even if the tenant is required to pay. Even those with detailed payment logs are in for the long haul when evictions concerning fraud (such as unpaid rent) are concerned. The best way to avoid this is of course to select the “perfect” tenant, but finding that diamond in the rough is difficult.  To help, DatabaseRecords.com offers tenant eviction reports to identify and help to eliminate tenants that prey on unsuspecting landlords.

Tenant eviction reports are also known as  “tenant background checks“,”eviction data reports” or “tenant screenings.”  The reports are a collection of information provided by landlords that have been the victim of tenants that refuse to pay, have broken their lease through failures to adhere to the contract terms, or who have caused tenant eviction cases to be filed. Tenant eviction reports are an addition to the background check that you must perform on an applicant. What most don’t realize is that credit reports and background checks won’t uncover non-monetary judgments that are not reported to credit bureaus. And since the majority of landlords may file an eviction notice, but not complete the legal proceedings, most eviction results do not appear on the tenant’s credit report.

While there is no comprehensive source that lists histories of all evicted persons, DatabaseRecords.com will provide you with a comprehensive combined report detailing:

- the defendants involved in a tenant eviction case
- the judgment
- the plaintiff
- suits or petition filed
- comments on the case.

The importance of the information contained in the tenant eviction report cannot be ignored. Once you have allowed a tenant (good or bad) to occupy your rental, they are automatically protected under that state’s renters rights. Some tenants use these rights to their full advantage and prey on unsuspecting landlords for months while the legal proceedings are taking place.  Upon eviction, they find another landlord to victimize. Protect yourself.  Order your tenant eviction report from DatabaseRecords.com today.

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