Quarterly Compliance Update, Q4 2021

Quarterly Compliance Updates | December 14, 2021

Each quarter, PlusOne Solutions provides a compliance update to keep you abreast of changes and updates in legal developments as well as company news. This information is provided for education only and does not constitute legal advice.

SCREENINGS

Maintaining Compliance and 2021 Challenges with Background Checks

We are continuing to monitor the situation in Michigan and California related to the accuracy and thoroughness of the criminal records available. Specifically, at issue has been accessing to court records and the depth of information on the records once received, such as limitations on the inclusion of date of birth. These types of identifiers are imperative for us to accurately match records to the individuals being screened.

Unfortunately, it is an industry-wide barrier at this time and we continue to take these case-by-case. For example, if we can conduct an alternate search, or we are receiving clear results, we are able to lower the impact of these changes. In some cases, however, we may see extended turnaround times or extensive delays in results.

We are working closely with our industry association – Professional Background Screening Association (PBSA) and our criminal record vendor network – on updates, progress, and alternative offerings. For unique situations or additional questions, please contact us at screenings@plusonesolutions.net for more information.

Consumer Financial Protection Bureau (CFPB) Issues Advisory Opinion on Matching

On November 4, 2021, the CFPB< which regulates the consumer reporting (background screening) process, issues an opinion on the importance of matching identifiers to records when issuing consumer reports. The opinion, which serves as an interpretation versus any change in the Fair Credit Reporting Act, explains that name-only matching violates the Fair Credit Reporting Act’s (FCRA) reasonable procedures requirement, 15 U.S.C. § 1681e(b). The opinion emphasizes the importance of accuracy in the reporting process and the need for identifiers, beyond just an individual’s name, before records can be released. This also places an additional burden on consumer reporting agencies when reviewing records belonging to individuals with more common names. PlusOne has always maintained a specific process for common name matching as well as a robust review process that relies on at least two identifiers before records are released.

Drug Testing for Marijuana

PlusOne has continued to monitor legislation at both the state and city levels to understand the process, requirements, and limitations related to continuing to test for marijuana. In many situations, the testing is still permissible, even if marijuana has been legalized. However, there are some jurisdictions which currently, or soon, will no longer permit testing for marijuana, others may carry requirements for accommodating the use of medical marijuana or contain specific prohibitions around using a non-negative (positive) drug test result in an adverse manner against an individual. After legal opinion and industry discussions, PlusOne is proposing to change our 9-panel offering to an 8 panel, removing the testing requirement for marijuana, and we are currently reviewing the timing of such a change.

CUSTOMER TRAINING

Fair Credit Reporting Act (FCRA) Training 2021

We have started the 2021 FCRA Training program for our Customers. This training covers the basics of the law, the responsibilities of requesting and using consumer reports as well as obligations for the destruction of information. Please watch for this notice and complete the training. PlusOne requests an annual certification from Customers to ensure their partnership in remaining compliant with FCRA obligations.

Contents are provided for information purposes only and should not be construed as legal advice. Users are reminded to seek legal counsel with respect to their obligations and use of PlusOne Solutions services.