Member Advisories

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May 21, 2019
Ninth Circuit Weighs In on Calculating the FCRA's Seven-Year Reporting Rule
Ninth Circuit Weighs In on Calculating the FCRA's Seven-Year Reporting Rule
May 14, 2019
NAPBS Globalization and Arkansas Records Access Litigation Update
NAPBS Globalization and Arkansas Records Access Litigation Update
April 25, 2019
NAPBS Updates Accreditation Policies & Procedures
The Background Screening Agency Accreditation Program (BSAAP) Policies & Procedures is undergoing a thorough review as we prepare the accreditation program for expansion. There has, however, been an immediate change which opens the program up to more firms. This update allows all firms who are currently acting as a consumer reporting agency, providing consumer reports for employment purposes directly to end-users, to apply for accreditation. Previously the program was limited to only those consumer reporting agencies where 50% or more of their business revenue resulted from the sale of employment screening reports to end-users. Effective immediately any firm acting as a consumer reporting agency and providing consumer reports for employment purposes directly to end-users, regardless of whether this is the firm's primary source of revenue, is eligible to apply for accreditation under the BSAAP.
April 12, 2019
Update on NY OCA Fee Increase
NAPBS has just received word that Governor Cuomo of New York has signed the 2019-2020 New York State budget into law today, Friday, April 12, 2019. With his signature, New York Office of Court Administration record searches will now be increased from $65 to $95, effective immediately.
April 3, 2019
New York Budget Included Drastic Increase to OCA Search Fees
On Monday, April 1st, after prolonged negotiations the New York Legislature passed their 2019-2020 State Budget. The budget as passed includes a dramatic increase to Office of Court Administration (OCA) searches from $65 to $95.
April 2, 2019
Recent GAO Report and Fair Housing Act Ruling
On March 26, the Government Accountability Office (GAO) released a report to Congressional requesters on actions that could strengthen oversight of Consumer Reporting Agencies. In the report, the GAO recommended that the Federal Trade Commission be given stronger civil penalty authority to enforce laws that protect consumer data and that the Consumer Financial Protection Bureau (CFPB) "reassess its prioritization of examinations to address" consumer reporting company security. | On March 25, the United States District Court for the District Court of Connecticut denied the defendants motion to dismiss, holding that consumer reporting agencies (CRAs) must comply with the Fair Housing Act (FHA) when their services include automated scoring or grading criteria for property managers. In the case, the defendant's services included the ability for clients/property managers to select criteria which would deem an applicant ineligible for housing. The reports prepared using the automated scoring then indicate whether the applicant meets or does not meet the criteria established by client - the underlying results that were used to determine whether the applicant meets or does not meet the criteria were not included in the report.
January 31, 2019
GAO Interview Follow-up
As per a previous announcement, NAPBS met with a team from GAO earlier this month in response to their request for an interview with NAPBS as they prepare a report on CRAs as required by SB 2155.
December 18, 2018
Industry Survey & GAO Interview
Member Advisory Regarding NAPBS Industry Survey & GAO Interview
December 14, 2018
Smith v. Mutual of Omaha
Prepared by Troutman Sanders | A court in the United States District Court for the Southern District of Iowa recently ruled the protections applicable when consumer reports are obtained for "employment purposes" under the Fair Credit Reporting Act ("FCRA") do not extend to reports obtained for independent contractors. This issue has been unsettled and both employers and background screening companies alike have lacked clear guidance with respect to background reports for independent contractors. The decision becomes part of a small but growing body of law providing clarity on this recurring issue of importance.
November 26, 2018
NAPBS Joins CDIA In Filing Amicus Brief In the Matter of Rental Housing Assoc. of Washington vs. City of Seattle
Last week CDIA and NAPBS filed a joint amicus brief in support of the Rental Housing of Washington Association in its litigation against the City of Seattle. In August of 2017, the city of Seattle passed an ordinance which effectively prohibits background screening for tenancy purposes in the city of Seattle.
October 25, 2018
NAPBS Canada Granted Exemption for Background Screening Firms Under Bill 113
The Ontario government has confirmed the exemption to Section 12 of Bill 113 The Police Records Checks Reform Act, 2015, has been granted. This exemption covers third party agents, like our NAPBS members, and eliminates the need for sharing of the criminal record result with the applicant and obtaining consent from the applicant before sharing the information with a designated end user.
October 16, 2018
NAPBS Canada Chapter Seeks Exemption for Background Screening Firms Under Bill 113
On December 1, 2015, the Ontario government passed Bill 113, the Police Record Checks Reform Act, 2015 (the "Act"), which limits the types of information that can be released by police record checks and aims to standardize disclosure procedures as it relates to search results. The Canada Chapter has been lobbying the Ministry of Community Safety and Correctional Services ("Ministry") since April of 2015 to advocate for our profession. We are pleased to announce that as of Friday, October 5, 2018, the Ministry is actively drafting exemption language for both the criminal record check search and the criminal record check and judicial matters check.
September 14, 2018
NY Dept of Financial Services New Registration Requirements - What You Need to Know
On September 13, 2018, the New York DFS informed counsel for NAPBS that it was not its intention to cover employment background and tenant screening companies. The New York DFS specifically noted that employment background and tenant screening companies do not obtain credit account information directly from persons who furnish that information regularly and in the ordinary course of business. As noted in the Member Advisory, in the experience of NAPBS, typical employment background and tenant screening companies do not obtain credit information directly from furnishers, but request and resell the information from upstream credit reporting agencies when requested.
September 13, 2018
CFPB Issues Interim Final Rule Regarding Senate Bill 2155's Impact on FCRA Model Notices
On September 12, 2018, the Bureau of Consumer Financial Protection issued an interim final rule to be effective September 21, 2018 to update the model Summary of Consumer Rights and model Summary of Consumer Identity Theft Rights provided in Appendices I and K to Regulation V, which implement the Fair Credit Reporting Act.
September 11, 2018
NY Dept of Financial Services New Registration Requirements - What You Need to Know
The New York Department of Financial Services adopted new regulations that require "consumer credit reporting agencies" that have assembled, evaluated, or maintained a consumer credit report on one thousand or more New York consumers within the past twelve (12) months to register with the Superintendent, to comply with certain prohibited practices, and to further comply with the NY DFS cybersecurity rules. 23 NYCRR 201. The deadline for initial registration is September 15, 2018.
September 7, 2018
NAPBS Announces 2018-19 Board of Directors
The National Association of Professional Background Screeners is pleased to announce the 2018-19 Board of Directors
September 6, 2018
Appeals Court Rules in Favor of Source for Public Data
NAPBS filed an amicus brief in the matter of CFPB vs Source for Public Data in support of Source for Public Data. Earlier today, September 6, 2018, the U.S. Court of Appeals for the Fifth Circuit announced its decision in CFPB v. Source for Public Data, No. 17-10732. For only the second time in the Bureau's seven-year history, a court rejected the CFPB's petition to enforce its Civil Investigative Demand (CID).
August 23, 2018
NAPBS Announces New Accreditation Audit Partner
NAPBS Announces New Accreditation Audit Partner
August 2, 2018
Senate Bill 2155 Requires New Notice to Consumers
NAPBS members should be aware of and take steps to comply with a provision contained in the Economic Growth, Regulatory Relief, and Consumer Protection Act (S. 2155) which goes into effect on September 21.
July 27, 2018
Industry Practices Committee Releases Practical Guidance
The Best Practices Committee has been renamed the Industry Practices Committee. Future output from the Industry Practices Committee will be referred to as Practical Guidance, as well as rebranding existing documents to Practical Guidance. The Industry Practices Committee has recently published two Practical Guidance documents.
July 26, 2018
Litigation Against Arkansas District Court Impeding Background Screening
After multiple attempts to legally obtain public records necessary for employee background screenings and the protection of Arkansas residents, NAPBS will pursue litigation against District Court of Benton County - Bentonville Division.
July 19, 2018
Dutta v. State Farm - 9th Circuit Opinion
The 9th Circuit has held that a consumer lacked standing to pursue FCRA claims where a prospective employer failed to provide a pre-adverse action notice but the consumer report nevertheless contained accurate information.
July 13, 2018
Rhode Island Sales & Use Tax on Background Screening
As a result of Appropriations and Budget legislation enacted in the 2018 session of the Rhode Island General Assembly (HB 7200), the Rhode Island Department of Revenue has deemed that as of July 1, 2018, sales and use tax must be applied to background screening done in the state. This requirement to collect state sales tax will apply to CRAs headquartered and/or operating in the state, or any CRA, regardless of location, if the client is a consumer or entity headquartered or operating within Rhode Island.
July 11, 2018
New GDPR Guidance for NAPBS Members
The NAPBS Europe Chapter recently commissioned the law firm of Kemp Little to provide a guidance document regarding EU General Data Protection Regulation and its impact on professional background screening. This document is now available to all NAPBS members as a resource.
July 11, 2018
New Jersey Appellate Court Decision
On May 16, 2018, a New Jersey Appellate Court ruled that the New Jersey Open Public Records Access Act (OPRA) should be broadly interpreted to allow access to public records, regardless of whether the person requesting information is a resident or domiciled in New Jersey.
June 28, 2018
NAPBS Seeking Board Candidates
NAPBS is seeking qualified candidates to fill three regular member director positions, and one associate member director position for two-year board terms, as well as one regular member director position for a one-year board term. Terms begin in conjunction with the annual meeting on Oct. 7, 2018. Nominations can be made by any member in good standing. Self-nominations are encouraged.
May 24, 2018
NAPBS Updated Privacy Policy
NAPBS is making some updates to our privacy policy. The policy applies to all current and past members, those who purchase our offerings, and users of the website. We are making these changes to better explain our privacy practices to you and to reflect changes required by the European General Data Protection Regulation (GDPR). The policy includes more information about how we collect, use, and share any personal information you may give to us.
May 24, 2018
SSA E-Signature Provision - Signed Into Law
From NAPBS' Partner, Akin Gump | On Thursday, May 24, President Trump signed into law a bi-partisan bill that enacts certain reforms to Dodd-Frank and includes a significant win for the background screening profession.


Disclaimer: NAPBS materials are often provided by industry subject matter experts. The information and opinions expressed are for educational purposes only and are based on current practice, industry related knowledge and business expertise. The practices may not have been independently vetted and are neither approved nor endorsed by NAPBS.

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