Background Screening

What Do Lenders Really See When They Check Your Credit Report?

What Do Lenders Really See When They Check Your Credit Report?

Have you ever wondered what lenders actually see when they pull your credit report? It's not just a mysterious number that determines your fate. Let's explore the key elements that lenders examine when reviewing your credit history.

Your Personal Profile

First things first, lenders will see your basic personal information:

- Full name

- Current and previous addresses

- Social Security number

- Date of birth

This information helps verify your identity and ensures they're looking at the right person's credit history.

The Credit Account Lowdown

Next comes the meat of your credit report – your credit accounts. Lenders will see:

- Types of accounts (credit cards, mortgages, auto loans, etc.)

- When each account was opened

- Credit limits and loan amounts

- Current balances

- Payment history (including on-time payments and any late payments)

This section gives lenders a comprehensive view of how you've managed credit in the past. They'll be looking for a history of on-time payments and responsible credit use.

Public Records and Collections

Any public records related to your finances will show up here. This includes:

- Bankruptcies

- Tax liens

- Judgments

- Collection accounts

These items can significantly impact your creditworthiness, so lenders pay close attention to this section.

Credit Inquiries

Lenders can see who else has been checking your credit. There are two types of inquiries:

1. Soft inquiries (when you check your own credit)

2. Hard inquiries (when you apply for credit)

Too many hard inquiries in a short period can be a red flag for lenders, suggesting you might be taking on too much new credit.

Credit Scores

While not technically part of your credit report, lenders often receive credit scores along with the report. These scores, like FICO or VantageScore, provide a quick snapshot of your creditworthiness.

The Big Picture

Lenders aren't just looking at individual elements; they're piecing together an overall picture of your credit health. They'll consider:

- Length of credit history

- Credit utilization (how much of your available credit you're using)

- Mix of credit types

- Recent credit activity

What This Means for You

Understanding what lenders see can help you manage your credit more effectively. Here are some key takeaways:

1. Regularly check your credit reports for accuracy

2. Make payments on time, every time

3. Keep credit card balances low

4. Be cautious about applying for new credit

5. Maintain a mix of credit types if possible

Remember, your credit report tells your financial story. By managing your credit responsibly, you're writing a story that lenders will want to read – and one that could open doors to better financial opportunities in the future.

CFPB Addresses Background Check Accuracy

Effective as of January 23, 2024, the CFPB issued an advisory opinion addressing issues in background check reports, which are used by most employers and landlords to screen workers and renters.

About forty-five states now allow people to expunge, seal, or set aside certain convictions in some circumstances, but background check CRA’s sometimes include these records in consumer reports they provide to employers and landlords.

The CFPB advisory opinion states that background reports should not contain records that have "been expunged, sealed, or otherwise legally restricted from public access” and that a CRA violates § 1681e(b) if it fails to follow reasonable procedures to prevent such records from appearing in consumer reports. FCRA Background Screening AO, 89 Fed. Reg. 4171, at 4172 (Jan. 23, 2024).

These laws are intended to give consumers a new start and recognizes that lingering criminal records hinder a consumer from housing, jobs, and economic stability.

Outdated Records

A common error in background reports is the CRAs’ failure to update public records information, resulting in the reporting of outdated records. This often occurs when the CRA fails to purchase updates from public record vendors or reliance on automated record scraping that ignores developments in a legal case. The CFPB advisory notes that these practices violate the FCRA. A CRA must have reasonable procedures to include “any existing disposition information if it reports arrests, criminal charges, eviction proceedings, or other court filings.”

Duplicate Records

Background reports commonly contain multiple entries for the same criminal case. Duplicate entries are because the CRA or its vendor obtains information from multiple sources. The CFPB advisory opinion requires that, when a CRA reports multiple stages of the same court proceeding, “it must have procedures in place to ensure that information regarding the stages of these court proceedings (such as an arrest followed by a conviction) is presented in a way that makes clear the stages all relate to the same proceeding or case and does not inaccurately suggest that multiple proceedings or cases have occurred.” If duplicate records caused by a CRA collecting information from multiple sources, the CRA “must take particular care to identify information that is duplicative to ensure that information is accurately presented in consumer reports.”

Seven Year Reporting Period

The FCRA limits the reporting of most adverse information to seven years (Section 1681c(a). The exceptions are for bankruptcies, which can be reported for ten years and criminal convictions which can be reported indefinitely. Arrests, criminal charges, and eviction cases are subject to the seven-year limit. A CRA cannot report an arrest for up to seven years from the date of dismissal, rather than from the date of the arrest record.

CFPB Takes Action Against General Information Services and e-Background-checks.com for various violations of the FCRA

The CFPB has ordered two of the largest employment background screening providers (General Information Services and its affiliate, e-Background-checks.com, Inc.) to pay $10.5 million in relief to consumers and pay $2.5 million in civil penalties for violations of the Fair Credit Reporting Act (FCRA) resulting from the reporting of “serious inaccuracies.”

Background Checks | Employment Screening

Background Checks and the Federal Law

Employers obtain background checks (or consumer reports, commonly known as credit reports) to aid decision making when it comes to evaluating a consumer for employment, promotion, reassignment, or retention as an employee. Intelli Corp, HireSafe, HireRIght, Clarifacts, EmployeeScreenIQ, and Proforma are just a few of the many background check/employee screening companies that offer employers their services. When an employer conducts a background check, they may be provided with any of the following information about you:

  • Credit reports;
  • Criminal and civil records;
  • Social security number (trace and validation);
  • Employment verification;
  • Education verification;
  • Professional license verification;
  • Motor vehicle and driving records;
  • Military record verification; and
  • Workers’ compensation history.

Employer Agrees to $3M Employment Background Screening Class Action Settlement

K-Mart, in Pitt v. K-Mart Corp., Case No. 11-cv-00697, has reached a $3 million settlement in a class action lawsuit pending before the U.S. District Court for the Eastern District of Virginia. The class consisted of more than 64,000 job applicants who sued K-Mart for violations of the Fair Credit Reporting Act (the “FCRA”).  Specifically, Plaintiffs alleged they lost out on jobs without having a chance to challenge negative information reported to their prospective employers in background checks and that K-Mart failed to notify the job applicants they were rejected for employment because of the background checks.

Credit Reports and Employment Background Screening

One of the Federal Trade Commission’s (“FTC”) roles is to protect job applicants and employees against inaccurate information being reported to employers; because employers can access your credit report to make decisions regarding hiring, firing, promotion, reassignment, or retention. In addition to financial history, the consumer reports provided to employers consist of arrests, convictions, judgments, and bankruptcies. Recently, settlements have been reached in legal actions that have been brought against companies like Spoekeo, Inc. and HireRight Solutions, Inc. for failure to take reasonable measures to ensure the accuracy of consumer reports. Such failures resulted in inaccurate criminal history, belonging to someone other than the actual consumer being reported as if it was relating to the individual the report was requested for. Other failures included noncompliance with the FCRA rules and not ensuring the reports were used for only purposes provided by the law.