Ch 10: California Investigative Consumer Reporting Act (ICRAA) Flashcards
(21 cards)
Are investigators generally exempt from the ICRAA?
a) No, investigators are always subject to ICRAA.
b) Yes, investigators are exempt unless employed by a Consumer Credit Reporting Agency.
c) Investigators are exempt only when performing internal investigations.
d) ICRAA doesn’t apply to investigators at all.
b) Yes, investigators are exempt unless employed by a Consumer Credit Reporting Agency.
What does Code Civ P 1785.3(d) define that is important for determining ICRAA applicability?
a) Private Investigator duties.
b) Consumer Credit Reporting Agency.
c) Employer responsibilities.
d) Court procedures.
b) Consumer Credit Reporting Agency.
What additional item, besides the FCRA, does an employer need to provide an applicant before obtaining an investigative report under ICRAA?
a) A job offer letter.
b) A clear and conspicuous written disclosure.
c) Proof of insurance.
d) A list of references.
b) A clear and conspicuous written disclosure.
Which of the following is NOT something an employer must disclose to an applicant regarding an investigative report?
a) That an investigative report may be obtained.
b) The applicant’s credit score.
c) The name, address, telephone number, and website of the investigation agency.
d) The nature and scope of the investigation.
b) The applicant’s credit score.
How many business days does an employer have to deliver a copy of the background report to the applicant upon request?
a) 1 day.
b) 3 days.
c) 5 days.
d) 7 days.
b) 3 days.
Under ICRAA, can adverse information obtained through a personal interview with a neighbor be included in the background report?
a) Yes, always.
b) Only if the neighbor is a relative.
c) Not unless confirmed by an additional independent source or the person is the best source.
d) Only with the applicant’s permission.
c) Not unless confirmed by an additional independent source or the person is the best source.
Which of the following cannot be included in a background report under ICRAA?
a) Current employment history.
b) Unlawful detainer actions where the applicant prevailed.
c) Education records.
d) Driving records.
b) Unlawful detainer actions where the applicant prevailed.
How long before the report must records of arrest or conviction antedate to not be included under ICRAA?
a) 3 years.
b) 5 years.
c) 7 years.
d) 10 years.
c) 7 years.
How long must investigation agencies keep the background report after it is finished?
a) 6 months.
b) 1 year.
c) 2 years.
d) 3 years.
c) 2 years.
According to Code Civ. P. 1786.20, can an investigation agency furnish a background report without the applicant’s written agreement?
a) Yes, always.
b) Yes, if the employer requests it.
c) Not unless the applicant agrees in writing and the information is for a permissible purpose.
d) Only if court-ordered.
c) Not unless the applicant agrees in writing and the information is for a permissible purpose.
If an applicant disputes information in their file, how long does the investigation agency have to investigate?
a) 10 days.
b) 20 days.
c) 30 days.
d) 45 days.
c) 30 days.
If an investigation agency believes a dispute is frivolous, what can they do?
a) Ignore the dispute.
b) Automatically delete the disputed information.
c) Terminate the investigation with notification to the applicant.
d) Increase the fee for investigation.
c) Terminate the investigation with notification to the applicant.
If a disputed item is found to be inaccurate after reinvestigation, what must the investigation agency do?
a) Nothing.
b) Promptly delete the information and notify the applicant.
c) Notify only the employer.
d) Delay the notification.
b) Promptly delete the information and notify the applicant.
Can reinserted information in the applicant’s file be done without notifying the applicant?
a) Yes, if verified by the source.
b) No, the applicant must be notified in writing.
c) Only if it is a minor error.
d) Only with court approval.
b) No, the applicant must be notified in writing.
When can an employer use a credit report for evaluating prospective employment according to Code Civ. P. 1024.5?
a) For any position.
b) Only for managerial positions and certain specified roles.
c) Only with applicant permission.
d) Never.
b) Only for managerial positions and certain specified roles.
Which of the following positions is specifically listed as one where an employer CAN use a credit report?
a) Retail sales associate.
b) Accountant.
c) Sworn peace officer or other law enforcement position.
d) Janitor.
c) Sworn peace officer or other law enforcement position.
Does ICRAA apply when an employer requests a background report on an employee suspected of wrongdoing?
a) Yes, always.
b) No, it does not apply in such cases.
c) Only for serious wrongdoing.
d) Only with court approval.
b) No, it does not apply in such cases.
Is it common for Consumer Reporting Agencies to need an investigator license in all states?
a) Yes, they always need a license.
b) No, many states do not require an investigator license.
c) Only large agencies need a license.
d) It depends on the type of report.
b) No, many states do not require an investigator license.
Why might an investigator consider becoming a Consumer Reporting Agency?
a) To avoid regulations.
b) To gain easier access to automated credit reports.
c) To charge higher fees.
d) To avoid background checks.
b) To gain easier access to automated credit reports.
What does the highlighted text imply about state enforcement on Consumer Reporting Agencies operating without an investigator license?
a) It is strictly enforced in all cases.
b) It is selective enforcement, especially if the agency is in another state.
c) It is never enforced.
d) It is enforced only for large agencies.
b) It is selective enforcement, especially if the agency is in another state.
What does ICRAA mean?
Investigative Consumer Reporting Agencies Act
