John Soumilas of Francis Mailman Soumilas. Courtesy photo John Soumilas of Francis Mailman Soumilas. Courtesy photo

The U.S. Fair Credit Reporting Act (15 U.S.C. Section 1681) (FCRA) touches the lives of your clients every day.

Signed into law by President Richard Nixon in October 1970, the FCRA regulates consumer reporting agencies, users of consumer reports and entities that furnish consumer information. Under the statute, traditional credit reports, as well as employment background checks and tenant screening checks requested by would-be landlords, are considered "consumer reports" and are governed by the statute.

  • Did your client's credit report falsely claim they defaulted on a loan, but they actually paid it off in full six months early?
  • Was your client denied a new apartment based on a tenant screening report claiming they were convicted of a felony last year, but that charge was actually dropped?
  • Was your client denied life insurance based on a consumer report that contained false information about their medical and prescription history?

These errors and your clients' remedies regarding them are governed by the FCRA. But of all the consumer report errors your clients will face, perhaps the most pernicious error is when an incorrect employment background check costs a client a job and their ability to earn a living.