elfs: (Default)
[personal profile] elfs
Hmm... If you put this on your resume, would you ever hear from an employer again?
Note: Google, Facebook, and Twitter meet the definition of a "consumer credit reporting agency" as outlined under the Fair Credit Reporting Act of 2001, section 603(f). Conducting a search for this or any other applicant using one of the these, or similar, Internet search engines without the applicant's written permission is a violation of Federal law.
See, this is why I carry a notebook with me always. The above was found in an article on labor laws in the magazine Meat & Poultry, which happened to be left on the counter in a butcher's shop. It was advising employers to be very careful and to get applicant consent before conducting such searchers.

Date: 2009-09-25 06:17 pm (UTC)
From: [identity profile] mouser.livejournal.com
If you HAVE to put that in your resume, you probably wont regardless.

Date: 2009-09-25 07:41 pm (UTC)
From: [identity profile] darrelx.livejournal.com
Having that on your resume would only prove that you don't know how to interpret section 603(f).

    (f) The term “consumer reporting agency” means any person which, for monetary fees,
    dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the
    practice of assembling or evaluating consumer credit information or other
    information on consumers for the purpose of furnishing consumer reports to third
    parties, and which uses any means or facility of interstate commerce for the purpose
    of preparing or furnishing consumer reports.


Neither Google, Facebook, or Twitter meet this definition in my laymen's reading. None of them gather consumer credit informatio for reporting.

The entire document can be found here:
http://www.ftc.gov/os/statutes/031224fcra.pdf

Date: 2009-09-25 07:58 pm (UTC)
From: [identity profile] elfs.livejournal.com
Well, I know a labor lawyer in Texas who apparently disagrees with ya.

Date: 2009-09-25 09:21 pm (UTC)
ext_74896: Tyler Durden (Default)
From: [identity profile] mundens.livejournal.com
I can see where the Texas lawyer is coming from, 603(f) can be read to include Google, Facebook, etc, because of the inclusion of the following phrase:

" or other information on consumers"

The key is that it doesn't have to be credit information that's being reported on, and Google and Facebook do all sorts of reporting about "other information" on consumers of their service, the most obvious being clik-thru statistics on Google ads.



Date: 2009-09-25 10:20 pm (UTC)
From: [identity profile] darrelx.livejournal.com
Google, facebook, and Twitter do NOT provide consumer reports. read part 603(d), in particular the exclusions noted in 603(d)(2)(a)

    (d) Consumer Report
    (1) In general. The term "consumer report" means any written, oral, or other
    communication of any information by a consumer reporting agency bearing on a
    consumer's credit worthiness, credit standing, credit capacity, character, general
    reputation, personal characteristics, or mode of living which is used or expected
    July 30, 2004 4
    to be used or collected in whole or in part for the purpose of serving as a factor in
    establishing the consumer's eligibility for
    (A) credit or insurance to be used primarily for personal, family, or household
    purposes;
    (B) employment purposes; or
    (C) any other purpose authorized under section 604 [§ 1681b].
    (2) Exclusions. Except as provided in paragraph (3), the term "consumer report" does
    not include
    (A) subject to section 624, any
    (i) report containing information solely as to transactions or experiences
    between the consumer and the person making the report;
    (ii) communication of that information among persons related by common
    ownership or affiliated by corporate control; or
    (iii) communication of other information among persons related by
    common ownership or affiliated by corporate control, if it is clearly
    and conspicuously disclosed to the consumer that the information may
    be communicated among such persons and the consumer is given the
    opportunity, before the time that the information is initially
    communicated, to direct that such information not be communicated
    among such persons;
    (B) any authorization or approval of a specific extension of credit directly or
    indirectly by the issuer of a credit card or similar device;
    (C) any report in which a person who has been requested by a third party to
    make a specific extension of credit directly or indirectly to a consumer
    conveys his or her decision with respect to such request, if the third party
    advises the consumer of the name and address of the person to whom the
    request was made, and such person makes the disclosures to the consumer
    required under section 615 [§ 1681m]; or
    (D) a communication described in subsection (o) or (x).

Date: 2009-09-25 10:23 pm (UTC)
l33tminion: (Bookhead (Nagi))
From: [personal profile] l33tminion
But immediately after, it says "for the purpose of furnishing consumer reports to third parties". I doubt any judge would say that applies Google et. al., except maybe if the employer was trying to deduce something about the prospective employee's financial status or credit history.

Date: 2009-09-25 10:11 pm (UTC)
From: [identity profile] darrelx.livejournal.com
Let me know if he's won any cases with that flawed reasoning... I bet he gets sanctioned for excessive frivalous lawsuits before that ever happens.

Lots of lawyers have lots of opinions about their own interpretations of the law... doesn't make them right until they win a case and its upheld at the appellate level.

Date: 2009-09-25 10:03 pm (UTC)
ext_3294: Tux (Default)
From: [identity profile] technoshaman.livejournal.com
holy crap.

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