usc 15 § 1681k
Public record information for employment purposes (COMMERCE AND TRADE (15 U.S.C.))
Operative Text
A consumer reporting agency which furnishes a consumer report for employment purposes and which for that purpose compiles and reports items of information on consumers which are matters of public record and are likely to have an adverse effect upon a consumer’s ability to obtain employment shall— at the time such public record information is reported to the user of such consumer report, notify the consumer of the fact that public record information is being reported by the consumer reporting agency, together with the name and address of the person to whom such information is being reported; or maintain strict procedures designed to insure that whenever public record information which is likely to have an adverse effect on a consumer’s ability to obtain employment is reported it is complete and up to date. For purposes of this paragraph, items of public record relating to arrests, indictments, convictions, suits, tax liens, and outstanding judgments shall be considered up to date if the current public record status of the item at the time of the report is reported. Subsection (a) does not apply in the case of an agency or department of the United States Government that seeks to obtain and use a consumer report for employment purposes, if the head of the agency or department makes a written finding as prescribed under .
Under 15 U.S.C. § 1681k, when a consumer reporting agency compiles public record information—such as arrests, convictions, tax liens, or judgments—for use in an employment-related consumer report, it must either notify the consumer at the time that information is sent to the employer (including who is receiving it), or maintain strict internal procedures to ensure that such information is complete and reflects its current status. The rule is designed to prevent outdated or incomplete adverse public record data from reaching employers without the consumer's knowledge. A narrow exception exists for certain federal government agencies when a written finding is made by the agency head as specified by law.
Plain English — not legal advice.
Although 15 U.S.C. § 1681k is primarily directed at consumer reporting agencies rather than landlords, property managers who order employment-related background reports should understand that the agencies they use are obligated under this provision to either notify applicants in real time or maintain procedures ensuring public record data is current and complete. Compliant operators typically work with reputable consumer reporting agencies that can demonstrate they meet one of these two standards for employment-purpose reports. Keeping records of which screening vendors are used and confirming their compliance practices is a common part of responsible tenant- and employee-screening workflows.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 15 U.S.C. § 1681k, if a consumer reporting agency sends public record information about you—such as a prior arrest, judgment, or tax lien—to a prospective employer, the agency is generally required to either alert you at that moment (and tell you who received the report) or ensure the information it reported is complete and up to date. If you believe an agency failed to meet either of these obligations, you may have grounds to raise that violation through a complaint to the Consumer Financial Protection Bureau (CFPB) or the Federal Trade Commission (FTC), or to assert it as part of a broader dispute process. Tenant-rights organizations and consumer-law clinics can help you understand what remedies may be available under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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