What Is a 613(a) Letter, and Why Is It Important?

The Fair Credit Reporting Act (FCRA) is the cornerstone of legal compliance in the background screening industry, and Section 613(a) is a critical part of that framework. If background checks are conducted, understanding this section is essential for compliance and protecting against potential liability.

What Is a 613(a) Letter?

Section 613(a) of the FCRA is designed to ensure the accuracy of consumer reports, particularly when adverse information is being used in employment or other decision-making processes. When information from a public record (e.g., criminal records, civil litigation, or judgments) could negatively impact an applicant, Section 613(a) requires certain safeguards.

There are two options for compliance:

1. Notify the Consumer Directly: The applicant must be informed that public record information is being reported. This includes details about the source of the information and an explanation of how it will be used.
2. Maintain Procedures for Accuracy Alternatively: It is necessary to ensure that the public record information is up-to-date and accurate at the time of reporting.

National Crime Search (NCS) simplifies this process by automatically notifying applicants when a search is completed. This fulfills the requirement to inform the applicant, ensuring compliance while saving time.

Is a 613(a) Letter Necessary?

If public records are used in any background checks, compliance with Section 613(a) is mandatory to avoid legal risks, including fines and lawsuits for FCRA violations.

With NCS’s automated notification system, the notification process is handled directly, ensuring applicants are informed and that compliance obligations are met.

How Does NCS Handle 613(a) Notifications?

When a background check involving public records is completed, NCS automatically notifies the applicant. This notification includes:

• Information that public record data was used.
• The source of the information.
• A summary of the consumer’s rights under the FCRA.

By managing this process, there is no need to manually issue 613(a) letters or maintain separate procedures for accuracy.

Compliance Made Simple with NCS

Navigating FCRA compliance can feel overwhelming, but it doesn’t have to be. NCS offers comprehensive background screening solutions designed to ensure compliance. The automated notification system ensures obligations under Section 613(a) are met, providing peace of mind while saving time and resources.

Whether screening applicants for employment, tenant selection, or volunteer positions, NCS provides accurate, transparent, and legally compliant solutions.