Terms and Conditions

1. Consumer Reports and FCRA Compliance

Information Direct provides consumer reports as defined under the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq. All background screening reports are subject to FCRA requirements and state-specific laws. Clients must comply with all requirements regarding disclosure, authorization, and notice of consumer rights before ordering background screening reports.

2. Authority to Order Reports

By ordering a background report, you certify that: (a) you have a lawful purpose for obtaining the report; (b) you have disclosed your intention to obtain the report to the candidate in writing; (c) you have obtained the candidate's written consent; (d) you will provide proper adverse action notice if you take adverse action based on the report; and (e) you will not discriminate against protected classes based on report findings.

3. Pre-Adverse Action Notice Requirement

If you intend to take adverse action based on information in a background report, you must provide the candidate with: (a) a copy of the report; (b) a written summary of consumer rights (FTC summary); and (c) a reasonable opportunity to respond or dispute the information. You must wait a reasonable period (typically 5-7 business days) before taking final action.

4. Permissible Purposes Only

You agree to order background reports only for legally permissible purposes under FCRA Section 604, which include employment purposes, credit transactions, insurance underwriting, and other specified purposes. You will not use reports obtained from Information Direct for any impermissible purpose.

5. Confidentiality and Record Retention

You agree to maintain the confidentiality of all consumer reports and related information. You will not disclose reports to unauthorized parties. You must retain records of disclosures, authorizations, and adverse action notices for at least three years for FCRA compliance and audit purposes.

6. Accuracy and Dispute Process

Information Direct strives to provide accurate reports. If a candidate disputes information in their report, Information Direct will reinvestigate the claim and respond within 30 days. If the candidate's dispute is valid, Information Direct will correct the report and provide a revised copy to the candidate and you.

7. Adverse Action Notification

If you take adverse action based on a background report, you must notify the candidate in writing, providing: (a) the specific reason(s) for the adverse action; (b) contact information for Information Direct if they wish to dispute findings; and (c) their right to obtain a free copy of the report from Information Direct within 60 days.

8. Equal Employment Opportunity

You agree not to discriminate against candidates based on information in background reports based on protected characteristics including race, color, religion, sex, national origin, age, disability, or genetic information. Information Direct's reports should be evaluated for job-relatedness and business necessity.

9. State-Specific Compliance

You agree to comply with state-specific background check laws including but not limited to: California's 7-year limit on criminal convictions; New York's Article 23-A individualized assessment requirements; Illinois's written consent requirements; and Massachusetts's CORI reform restrictions. Information Direct will advise you of state-specific limitations on your reports.

10. Limitation of Liability

To the maximum extent permitted by law, Information Direct's liability for errors, omissions, or inaccuracies in reports shall be limited to the amount paid for the report(s) in question. In no event shall Information Direct be liable for indirect, consequential, or punitive damages arising from the use of its reports, even if advised of the possibility of such damages. You assume all risk associated with your use of reports and decisions based on report content.

11. Modification of Terms

Information Direct reserves the right to modify these terms and conditions at any time. Continued use of Information Direct's services following notice of modifications constitutes acceptance of the modified terms.