Miami Fair Credit Reporting Act Attorneys

Fair Credit Reporting Act Firm in Miami-Dade County

During the hiring process, employers may wish to run a background check on the applicant in order to obtain the applicant’s criminal record or credit history. When hiring a third-party to run these types of background checks, employers must ensure compliance with the Fair Credit Reporting Act (“FCRA”). The Federal Trade Commission (“FTC”) enforces the FCRA. In order to help employers gain an understanding of the requirements, the FTC has published guidance on this issue.

The FCRA requires that an employer comply with the following procedures prior to running a background search with a credit reporting agency:

  • Inform the applicant that the information may be used to make employment decisions, which requires that the notice be in writing and in a stand-alone format.
  • If the requested report includes personal interviews concerning a person’s character, general reputation, personal characteristics, or lifestyle, the employer must also tell the applicant or employee of the right to a description of the nature and scope of the investigation.
  • Obtain the applicant or employee’s written permission to do the background check.
  • Certify to the third party that is running the report that the employer:
    • Notified the applicant and obtained permission to get the background report;
    • Complied with all the FCRA requirements; and
    • Does not discriminate against applicants or employees, and will not misuse the information

Once an employer receives the background report, if it intends to make an adverse employment decision based on the report, the FCRA has additional requirements:

  • Prior to taking the adverse employment action, the employer must give the applicant or employee:
    • A notice that includes a copy of the consumer report the employer relied on to make the decision; and
    • A copy of “A Summary of Your Rights Under the Fair Credit Reporting Act,” which third party companies running the reports should issue.

By providing advance notice, the applicant or employee has an opportunity to review the report and explain any negative information. Guidance from the FTC also indicates that after the employer takes the adverse employment action, the company must inform the applicant or employee: (1) that he or she has been rejected because of information contained in the report; (2) of the contact information for the third party running the report; (3) that the third party running the report did not make the employment decision and therefore, cannot provide specifics about the decision; and (4) that he or she has the right to dispute the accuracy or completeness of the report, and to get an additional free report from the third party within 60 days.

This list is not exhaustive and strict compliance with the law is critical.

If you have questions about the requirements of the FCRA, how to comply with it, or you think you have been subjected to an adverse employment action in violation of the FCRA, contact an experienced attorney at BT Law Group who can explain the applicable laws and provide advice on how to address certain findings resulting from a background search, or file a lawsuit on behalf of an applicant whose rights were violated.

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Our Process
1.
Investigate

As a first step, your assigned legal team will gather and review records related to your claim, including any employment contract or offer letter, time sheets, any relevant communications, and any disciplinary actions, including performance improvement plans or termination paperwork.

These documents will help your attorneys evaluate your claims and develop a strategy to obtain the best results for your situation.

2.
Formulate

Once your legal team completes the initial investigation, they will work with you to determine the best legal strategy for your situation. Your legal team will make recommendations and will work with you to formulate the most effective approach to obtain your desired outcome.

3.
Advocate

After you and your legal team formulate the strategy, your legal team will advocate on your behalf to obtain your desired outcome. This could include negotiating a separation package, engaging in pre-suit negotiations, sending a demand letter, and/or filing a charge of discrimination or lawsuit on your behalf.

The attorneys at BT Law are experienced trial lawyers and will advocate for your rights in the courtroom as necessary.

Reviews

Jason and Anisley are one of the best decisions someone can make given the situation. They are knowledgeable, transparent, proactive and communicate with their clients. I have dealt with other attorneys in the past and I’m always frustrated because you don’t get information or you have to chase the attorney and staff down that’s not the case with them.

In finding the right lawyers to represent you, you want to have mutual respect and understanding for each other and clear communication to achieve your goals. BT Law Group is just that. They not only represented me to their fullest abilities, but went above and beyond to truly understand my goals and priorities and provide sound legal advice to achieve such. It was a pleasure working with both Anisley and Jason, I’d highly recommend them.

We very much enjoyed BT Law Group’s founding partner, Anisley Tarragona service and attention to detail. From the onset her approach was practical and conscious of providing the best legal advice while being mindful of suggesting cost effective, conservative solutions. We find her to be a great business partner to service all our employment related legal needs.

I received a prompt and very professional service by the BT Law Group. Ms Tarragona provides tailored advice in the best interest of the client. She was meticulous and explained the pros and cons of my case in very simple terms which allowed me to consider and take the best decision. Very happy with the service. Highly recommended.

Absolutely wonderful and professional services. Represented my mom in a caring and personalized manner. Knowledgeable and ethical. Thank you!

I always consult BT Law Group for employment law matters. They are responsive, practical and efficient. I recommend them to colleagues and friends.

Trusted advisors
Jason D. Berkowitz is a Founding Partner of BT Law Group, PLLC. Prior to starting BT Law, Mr. Berkowitz was a Partner in the Miami office of a national labor and employment law firm where he represented management exclusively.
Anisley Tarragona is a founding partner of BT Law Group, PLLC. Prior to starting BT Law, Ms. Tarragona worked in the Miami office of a national labor and employment law firm where she represented management exclusively. Ms. Tarragona, who was born and raised in Cuba, is fluent in Spanish.