Member Advisories

You must be a current member to access these advisories. If you have questions or to join, contact

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.
May 14, 2018
Bill 113 Changes the Way all Record Checks Must Be Completed in Ontario, Canada
Effective November 1, 2018, Bill 113, Police Record Checks Reform Act, 2015 will change the way criminal record checks are delivered in Ontario, Canada.
May 9, 2018
Maryland Enacts Law Affecting Consumer Reporting Agencies
Maryland Enacts Law Affecting Consumer Reporting Agencies By Amending Security Freeze Requirements, Requiring CRAs to be Bonded, and Expanding State Enforcement
April 16, 2018
NAPBS and Release 2nd Industry Survey Results
NAPBS commissioned to conduct an unprecedented national survey of 2,137 human resources professionals to gauge their views on background screening
April 6, 2018
New BSAAP Standard Effective April 6, 2018
The revised BSAAP Standard has been reviewed, approved and published and is now available on the NAPBS website. The new BSAAP Standard and BSAAP Standard and Audit Criteria documents can be accessed in the Accreditation Download Center on the NAPBS website.
March 30, 2018
Washington Court Strikes Down Seattle "First-in-Time" Law
On Wednesday, the Washington state superior court for King County struck down the city's "First-in-Time" tenant law (Municipal Code � 14.08.050). The law requires landlords to establish screening criteria for tenants, offer tenancy to the first applicant meeting the criteria, and imposes advertising restrictions. Landlord plaintiffs argued-and the court agreed-that the law violated the Washington Constitution's protections for property rights, due process, and free speech.
March 13, 2018
NAPBS Accreditation Program Tops 100 Mark
NAPBS has reached a significant milestone, with one hundred background screening companies currently accredited through the Background Screening Agency Accreditation Program (BSAAP). The BSAAP is a program for CRAs located in the United States and is governed by a strict and thorough set of professional standards of specified requirements and measurements.
February 13, 2018
Alert for Recent Solicitation
We understand some members have received a solicitation from an audit firm with respect to security audits and compliance with the Proposed BSAAP Standard Clause 1. The Proposed BSAAP Standard referenced in this solicitation is not finalized and is currently undergoing review.
February 7, 2018
Tracking State Issues Now Even Easier for NAPBS Members
In partnership with our new advocacy and bill tracking software, NAPBS is pleased to roll out an interactive map of the legislative action we are following across the US.
January 29, 2018
Four Individuals Nominated for Federal Trade Commission
President Trump announced the nomination of four individuals to serve on the Federal Trade Commission.
January 22, 2018
January Government Relations Update
2018 is off to a fast and furious start in Government Relations. The NAPBS Team has been busy at the state and federal level as well as making some behind the scenes upgrades to allow you quick and easy access to NAPBS Government Relations information. Included are some highlights from the first three weeks of 2018 along with some information on how to stay current.
January 18, 2018
NAPBS Files Amicus Brief in CFPB v The Source for Public Data
This week NAPBS filed an amicus brief in support of the The Source for Public Data in the matter of the CFPB v The Source for Public Data. The Source for Public Data is appealing a district court ruling which granted the Consumer Financial Protection Bureau's motion to enforce the Civil Investigative Demand (CID) against The Source for Public Data. The Source for Public Data argues that the lower court failed to place an appropriate check on the Bureau's authority with respect to the issuance of CIDs. NAPBS' brief reinforces the requirement that CIDs when issued must specify the nature of the conduct under investigation and that the CFPB may only initiate investigations and compel discovery that is relevant to a violation. NAPBS, on behalf of its members, is vitally interested in the outcome of this case because our members, particularly our provider members who fall outside of the jurisdiction of the CFPB, would suffer great harm if they were forced to endure a lengthy investigation before they could access judicial review of the Bureau's jurisdictional authority. Further, any recipient of a CID is entitled to have the nature of the conduct under investigation spelled out in the CID or the entire exercise quickly becomes an unlimited fishing expedition by the CFPB.
January 5, 2018
NAPBS Launches Second Annual Industry Survey
Again partnering with, we are launching the 2nd Annual Industry Survey so that we can begin to gather trends and benchmarking data.
January 3, 2018
Updated BSAAP Policies and Procedures Guide
Review of the BSAAP Policies and Procedures by the Background Screening Credentialing Council (BSCC) is a requirement of the program. The revised and approved BSAAP Policies and Procedures are now available on the NAPBS website. We highly encourage all firms interested in accreditation, whether currently accredited or considering for the future, review this new version. Additionally, all currently accredited agencies must review and adhere to the policies and procedures as written.
December 20, 2017
State of New York Issues "Emergency Regulation" Regarding Consumer Protection
Recently, the State of New York has issued an "emergency regulation" regarding consumer protection following a data breach in consumer credit reporting. Labeling new rules as an "emergency" means they may take effect immediately with no hearings or previous notice.
December 8, 2017
BSCC Response to Comments Submitted during the Public Comment Period
Before any proposed changes become final, the public (including and importantly the NAPBS membership) had an opportunity to review the proposed changes and submit comments back to the Background Screening Credentialing Council (BSCC) for their review and consideration. This public comment period took place October 9, 2017 - November 8, 2017.
December 6, 2017
Member Update on NYC Fair Chance Act
NAPBS continues to engage with the New York City Commission on Human Rights (Commission) regarding their interpretation of the Fair Chance Act. The Commission has interpreted the Fair Chance Act as requiring a two-step, bifurcated screening process, specifically separating criminal components of a background check from all other components both in time (with the criminal portion to occur later) and space (criminal portion to be on a separate report). NAPBS disagrees with this interpretation and will continue its efforts alongside other organizations to fight this interpretation.
December 5, 2017
New York Court of Appeals Establishes Standard for Punitive Damages Under NYCHRL
The NY Court of Appeals has expanded the basis upon which punitive damages may be awarded in an action under the New York City Human Rights Law, so that punitive damages may be awarded even in the absence of malice or reckless disregard of the law, where there is merely "a conscious disregard of the rights of others or conduct so reckless as to amount to such disregard." Because the NYCHRL encompasses the Fair Chance Act governing background checks, this new standard will apply to violations of the Fair Chance Act. CRAs should ensure that they are aware of the obligations under the FCA.


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.

By closing this banner, scrolling this page, clicking a link or otherwise continuing to use our site, you acknowledge that you accept our Privacy Policy and Terms of Use.