Beyond Washington’s Disclosures: Summary of Rights Requirements

Last month we highlighted background report disclosure requirements in the state of Washington.

As we previously discussed, part of the disclosure requirements for “investigative consumer reports,” under Washington law, is providing candidates with additional information. Among other things, a Washington investigative consumer report disclosure must include a written statement informing the candidate of the candidate’s right to request both: (i) A complete and accurate description of the nature and scope of the investigation upon submitting a written request to the employer within a reasonable period of time after receipt of the disclosure; and (ii) A written summary of the candidate’s rights under Washington state law.

Digging Deeper: Washington’s Summary of Rights

This state-specific summary of rights details the rights consumers have based on the  Washington Fair Credit Reporting Act (Washington FCRA). Washington’s summary requirements include:

• A brief description of the Washington FCRA and all rights and remedies of consumers under the Washington FCRA.
• An explanation of how the consumer may exercise the rights and remedies.
• A list of all state agencies, including the attorney general’s office, responsible for enforcing the Washington FCRA. This should include the address and phone number of each agency.

Consumer Rights in Washington

This additional document may not be a surprise. Washington is pretty committed to consumer protections and rights. What are consumer rights and protections are included in Washington law?  The Washington FCRA contains a number of rights for consumers, including, but not limited to:

• Specific disclosures must be made to the candidate if a background report is obtained for employment purposes or if an investigative consumer report is to be obtained.
• Restrictions on the information that can be within their background report.
• Receiving specific notices before taking adverse action, if the background report is for employment purposes, and after taking adverse action based on information from the background report.
• The ability to find out and review what is in their file at a consumer reporting agency.
• Procedures for the candidate to dispute information within their background report.
• The right to block information appearing in the background report as a result of identity theft.
• Limits on who can obtain a background report and the purposes for which a background report can be obtained.
• The choice for the candidate to exclude their name from CRA lists for unsolicited credit and insurance offers.
• The general ability to place and lift a security freeze on their credit report.
• The ability to seek damages from violators through legal action and the processes listed in the Washington Consumer Protection Act.

Employers may want to consult their legal advisor to determine if their Washington Summary of Rights aligns with the Washington FCRA. To help your drafting or review process, Verified Credentials provides a sample Washington Summary of Rights in our client Resource Library.