The Fair Credit Reporting Act (FCRA) is a federal law that protects people whose background information is used for decisions about employment, housing and other purposes. This page explains how it applies to the background checks we offer.
Which of our services the FCRA covers
Our Level 1 name checks (tenant, pre-employment and compliance certificate checks) are consumer reports prepared by National Background Investigations, Inc., a consumer reporting agency. ACT Biometrics orders these reports on your behalf.
Fingerprint-based checks (Florida Livescan and FBI background checks) are handled differently. We capture and submit your fingerprints; FDLE and the FBI keep the criminal history records, and the results go to the agency that requested the check, or to you for an FBI personal record request.
If you order a name check on someone else
- You must have a permissible purpose, such as evaluating a rental application or a job applicant
- For employment, you must give the person a clear written disclosure, in a document on its own, and get their written authorization before ordering the report
- You may only use the report for the purpose you certified, and you must keep it confidential
If you take adverse action based on a report
If you deny a job, an apartment or another benefit based in whole or in part on a consumer report, the FCRA requires you to notify the person. Employers must also follow these steps:
- Before taking action, give the person a pre-adverse action notice, a copy of the report and "A Summary of Your Rights Under the Fair Credit Reporting Act"
- Give them a reasonable amount of time to respond or dispute the information
- After taking action, give an adverse action notice that includes the name, address and phone number of the consumer reporting agency, a statement that the agency didn't make the decision, and the person's right to dispute the report and get a free copy within 60 days
Your rights
If a report about you was used against you, you have the right to know, to see what's in your file, and to dispute information you believe is incomplete or inaccurate. The consumer reporting agency must investigate a dispute, usually within 30 days. The Consumer Financial Protection Bureau publishes "A Summary of Your Rights Under the Fair Credit Reporting Act" at consumerfinance.gov.
To dispute a name check, contact the consumer reporting agency that prepared it, National Background Investigations, Inc., at 410-604-6200 or 800-798-0079. You can also send your dispute to us with our dispute form, and we'll help you reach them. Our address: ACT Biometrics Sunrise, 8358 W. Oakland Park Blvd, Suite 101, Sunrise, FL 33351.
Correcting a fingerprint-based record
If you believe your Florida criminal history record is wrong, contact the Florida Department of Law Enforcement. For your FBI record, see the FBI for how to challenge an Identity History Summary. We can't change records held by these agencies.
Questions
Email livescan@actbiometrics.com or call 954-300-4181.