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

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.

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Attorney answers 2


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.


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 answer or select it as Best Answer. It’s easy and appreciated. This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges.



Which part do you agree with exactly? The part where he speculates that -maybe- the statute applies to temp employment agencies, the part where he punts and says more research is needed or the canned "seek legal counsel" response? You "agree" with a semi-non-answer just to get a few low hanging fruit points? Sad.