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Oregon SB 91: Landlords Limited to Info Used in Tenant Screening

On January 1, 2014, Oregon SB 91 becomes effective. In addition to recodifying a pre-exsiting usage limitation on certain kinds of unlawful detainer information (in the language of the bill, an “action to recover”), the bill limits the use of criminal arrest and conviction information in tenant screening in certain circumstances. The relevant portions of that legislation state: SECTION 3. read more

Washington & Oregon Landlords Affected by New Tenant Screening Laws

Washington & Oregon Landlords Affected by New Tenant Screening Laws

Recently the states of Washington and Oregon have enacted laws that place requirements on users of tenant screening. While some of these requirements deal with the landlord doing its own background screening, this information is important to CRAs since, frankly, these laws encourage the use of a professional CRA over “doing it yourself”. Washington: RCW §59.18. read more

Rhode Island – New Ban the Box Law

Rhode Island - New Ban the Box Law

On July 16th, 2013, S357 was signed into law by the Governor of Rhode Island. The bill is a “ban the box” measure and is effective January 1, 2014. As with all “ban the box” legislation, to date, this Act does not directly impact CRAs or what they can report. Rather it is a requirement upon employers designating when the employer can inquire into the criminal past of the applicant. read more

FCRA Compliance with Investigative Consumer Reporting

FCRA Compliance with Investigative Consumer Reporting

By definition, an Investigative Consumer Report (ICR) is a consumer report which contains information on a consumer’s character, general reputation, personal characteristics, or mode of living (lifestyle) obtained through personal interviews. An ICR does not include information on credit obtained from a creditor, see 603(e). read more

United States Court Reviews the Driver’s Privacy Protection Act (DPPA)

United States Court Reviews the Driver's Privacy Protection Act (DPPA)

Maracich v. Spears, Case No. 12-25, 570 U.S. ________, 2013 LEXIS 4546 (JUNE 17, 2013) There are very few cases interpreting the Driver’s Privacy Protection Act, 18 U.S.C. § 2721, et seq.  The DPPA protects the disclosure of personal information (this even includes the individual’s name) contained in driving records and vehicle registration records maintained by the States. read more

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