Is a staffing agency that performs a pre-employment background check an "investigative consumer reporting agency" under CA law?

Asked 6 months ago - San Francisco, CA

Is an employment and temporary staffing agency considered to be an "investigative consumer reporting agency" as defined in CA Civil Code 1786.2(d)? Even if they use a third-party to perform the background check, are staffing agencies themselves required to comply with CA law regarding investigative consumer reporting agencies?



Keywords: employment law, background check.

Attorney answers (2)

  1. Scott Allen Miller

    Pro

    Contributor Level 12

    1

    Lawyer agrees

    Answered . Interesting question! At first glance it appears the statute does include staffing agencies if considering the tasks it does. However, more research would be required to define "consumer" as opposed to "employee." Even research in the Uniform Commercial Code may be required for an understanding of "consumer." All of this makes for a good argument though. Depending on what your need is, you should speak with an attorney to get all the facts.

  2. Faith Christine Lisle

    Contributor Level 13

    Answered . I agree with my colleague's response to your question.

    If you found this answer helpful, let me know by clicking the "Mark as Helpful" button at the bottom of this... more

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