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FCRA: Selection Process Stalled?
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FCRA: Selection Process Stalled?
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I have appropriately notified a candidate that they were not selected for a teller position because of their credit history. The applicant called to tell me that she was disputing some entries on the
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FCRA: Selection Process Stalled?

posted at 7/8/1999 7:58 PM EDT
Posts: 2
First: 7/8/1999
Last: 7/8/1999
I have appropriately notified a candidate that they were not selected for a teller position because of their credit history. The applicant called to tell me that she was disputing some entries on the report. Can I go ahead and fill this slot, or do I have to hold the job open until the dispute is settled?

FCRA: Selection Process Stalled?

posted at 7/9/1999 1:12 AM EDT
Posts: 833
First: 6/11/1999
Last: 8/23/2001
Unless you gave every applicant an opportunity to "fix" their report, act on what you have. It's the applicant's responsibility to keep their information up-to-date, and you are only as smart as what the applicant provides. If the disputes were in prior to the application (and not just prior to the report), you may want to reconsider, but I'd say, other than that, you'll end up with a problem with anyone else whose report came back unacceptable and wasn't given an opportunity to dispute the negatives.

FCRA: Selection Process Stalled?

posted at 7/10/1999 7:20 PM EDT
Posts: 2217
First: 6/16/1999
Last: 12/13/2001
Some people can look at FCRA and see an "intent" to allow the applicant an opportunity to "cure" the report. (Why else tell the applicant you are going to ask for a credit report and then tell the applicant that you have acted based on the report, here's a copy of it, and if you have a problem with it go speak to the credit reporting agency). Congress, however, did not require the employer or agency seeking the credit report to await the results of the protest. Keep in mind, however, many states have mini-FCRA requirements, which may be different.

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