By clicking the ‘Member Certifies’ button, the Administrator certifies the following concerning the Background Check (‘Consumer Report’) that the Administrator is now seeking to view:
- A clear and conspicuous disclosure has been made in writing to the Consumer by the Administrator (in a document that consists solely of the disclosure) that satisfies any and all applicable requirements of Section 604(b) of the Fair Credit Reporting Act (FCRA);
- The Consumer has authorized in writing the procurement of the Consumer Report that is being ordered;
- Information from the report to be provided by MinistrySafe will not be used in violation of any applicable Federal, State, Equal Employment Opportunity Law or regulation, or any other applicable law; and
- If applicable, the Administrator will comply with the Adverse Action requirements described in Section 604(b)(3) of the FCRA, as well as any other pertinent Adverse Action requirements.
In addition, if the Administrator is ordering an Investigative Consumer Report as defined by the FCRA, the Administrator certifies that he or she has provided the Consumer the disclosure identified in Section 606(a)(1) of the FCRA, and has met all other requirements for obtaining Investigative Consumer Reports. The Administrator also certifies that, upon receipt of a request by the Consumer for additional information about the Investigative Consumer Report being ordered, the Administrator shall completely and accurately disclose in writing the nature and scope of the investigation, and shall do so not later than five (5) days after the date on which the request for additional disclosure was received from the Consumer or the date the Administrator first requested the report, whichever is later. In all instances, the Administrator has complied with and shall continue to comply with all applicable Federal, State, and local Background Check laws.
For California Members
In addition, if the Consumer lives in California, is applying to work in California or works in California, by having MinistrySafe prepare a Report for the Member ministry, the Administrator is certifying that:
- The Administrator has complied with all disclosure and authorization requirements set forth in California Civil Code 1786.16;
- The Administrator has provided the Consumer a means to check a box indicating that he or she would like a copy of any report received by the Member from MinistrySafe;
- The Administrator will comply with any Adverse Action requirements set forth under California law (including those identified in California Civil Code 1786.40) should they become applicable; and
- The Administrator has otherwise met all requirements for obtaining a Consumer Report or Investigative Consumer Report under California law.
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