Into the Wild of Montana’s Disclosure Requirements

The great outdoors called to many of us in recent months. It’s been a much-needed break from at-home offices and busy homes in lockdown. Residents of Montana may have had the best views, with desirable natural features. Let’s get in touch with the background check surroundings in the great state of Montana.

State and federal laws govern background checks. Yes, there are background report disclosure requirements in the federal Fair Credit Reporting Act (FCRA). But like California, Minnesota, and more, Montana has background report disclosure requirements too.

Let’s get to know the legal landscape surrounding Montana’s disclosure requirements. Find out what type of background report needs a Montana disclosure. If you’re getting background reports on someone who lives or works in Montana, you may want to keep Montana’s disclosure law in mind.

The Terrain of Montana’s Disclosure

From a bird’s-eye view, you need to know when Montana requires you to provide a state-specific disclosure. You need one for what’s known as an “investigative consumer report” under Montana law. That’s when your background report has information obtained through personal interviews with neighbors, friends, or associates of the candidate. This background report disclosure must:

• Clearly and accurately disclose to the candidate that an investigative consumer report, including information about their character, general reputation, personal characteristics, and mode of living, whichever are applicable, may be made.
• Be in writing.
• Be mailed or delivered to the candidate within three (3) days after the background report was first requested.
• Inform the candidate that they have the right to submit a written request to you, within a reasonable period after their receipt of the disclosure, for complete and accurate information about the nature, scope, and substance of the investigation requested.
• TIP: If you receive a written request for more information from your candidate, time is of the essence. The written response to the request must be mailed or delivered to the candidate within five (5) days after either: (1) your receipt of the request; or (2) your request for the background report, whichever is later.

Solid Ground to Write Your Disclosures

You don’t need to start this journey alone. We offer sample compliance disclosures as your pathfinder. You can see a sample Montana investigative consumer report disclosure on demand. Log into your Verified Credentials Employee® account and go to the Resource Library.  Download the “Montana Investigative Consumer Report Disclosure” to get started.

Still not sure what state disclosures you need? Your legal counsel can help you get a lay of the land regarding state-specific laws.