Federal laws

Fair Credit Reporting Act (FCRA) Guide for Employers

Learn who the Fair Credit Reporting Act covers, the notice steps for credit and background reports, damages and Illinois limits, with slides and tables.

Last reviewed October 29, 2026 · General information, not legal advice

General information only, not legal advice. CPA Tax Payroll and Accounting Corp is a CPA firm, not a law firm. Laws change: confirm with the official source or a licensed attorney before you act. Read the full notice.

The Fair Credit Reporting Act, usually shortened to the FCRA, is the federal law that governs consumer reports: the credit and background files that bureaus and screening companies sell for hiring, lending and insurance decisions. The Federal Trade Commission (FTC), the Consumer Financial Protection Bureau (CFPB) and other agencies can enforce it, and individuals can sue. This page is for owners of small businesses and practices who run, or may run, background checks on applicants or staff.

Slide show: The FCRA in seven slides

  1. What the law does

    The FCRA of 1970 sets rules for consumer reports, the credit-bureau style files used in hiring, credit and insurance decisions.

  2. Who it covers

    Any employer, of any size, that uses a reporting agency's report on a person for employment. The law has no employee-count test.

  3. The core rule

    Give a stand-alone written notice and get written permission first. Before turning someone down over the report, send a copy and a summary of rights (some trucking jobs differ).

  4. The key number

    A willful violation can cost $100 to $1,000 per person, plus punitive damages and fees. Negligence has no set range.

  5. The deadline

    A suit is due by the earlier of 2 years after discovery or 5 years after the violation. The law fixes no wait between notices.

  6. The Illinois layer

    Illinois bars credit checks unless a listed job situation applies, and adds timing and notice rules for criminal history.

  7. A practical tip

    Follow one written route from consent to shredding. Page 3 walks through the Consent-to-Shredder Screening Path.

Who is covered

Who or whatWhen it applies
Employer or other userGets a report from a consumer reporting agency (a business that regularly compiles consumer information to furnish reports, usually for a fee) to evaluate someone for hiring, promotion, reassignment or retention; no employee-count test
Contractors, volunteersFTC staff (2011) reads "employment purposes" broadly and says the law may reach them; a staff view, not a rule
Not a consumer reportAn employer's own first-hand records are not consumer reports; reports from outside misconduct investigations have a separate notice rule
Disposal RuleAny business under FTC jurisdiction holding consumer information for a business purpose; no size test
Red Flags RuleOnly financial institutions and creditors with covered accounts; billing clients after service, by itself, does not make a business a creditor
Illinois credit-history lawAny entity that lets even one person work or takes applications; banks, insurers and debt collectors, among others, are excluded
Illinois criminal-history timing lawPrivate employers with 15 or more employees this or last calendar year

How it touches your taxes and payroll

A firm that hires staff and orders reports is itself a user under the FCRA. Tax preparers count as "financial institutions" under the FTC Safeguards Rule, and the Disposal Rule lists building report disposal into that written security program as one example; see GLBA and HIPAA. Pulling a client's credit report needs a permissible purpose, such as the client's written instruction. A job with access to information the Illinois Employee Credit Privacy Act narrowly defines as "personal or confidential" or "financial" is one of its listed credit-check situations; whether a job qualifies is a legal call.

Next, read the rules and numbers or the checklist and FAQs. Related laws: Title VII, the Illinois Human Rights Act and the Illinois Personal Information Protection Act.

Official sources

This page is a plain-language summary. The official source controls if there is any difference.