Primary Source Verification vs Simultaneous Notice

CI Webinar Series 07/24/2014

Webinar Series:

Primary Source Verification vs. Simultaneous Notice

Webinar Series: Primary Source Verification vs. Simultaneous NoticeCommercial Investigations LLCwww.commercialinvestigationsllc.com

About UsAbout:Melissa Ramsey

Melissa Ramsey - Investigator Joined Commercial Investigations LLC

in October 2011 Bachelors of Arts Degree from Siena

College Advanced Certification under the Fair

Credit Reporting Act Contact:

800-284-0906 Ext. [email protected]


About UsAbout:ChristopherBrinkman

Christopher Brinkman - Investigator Joined Commercial Investigations LLC

in June 2013 Bachelors of Arts Degree in Criminal

Justice from SUNY Albany Basic Certification under the Fair Credit

Reporting Act Contact:



About UsAbout:MichellePyan

Michelle Pyan - President Started Commercial Investigations

LLC in March 2004 Licensed Private Investigator Ran her first background investigation

in 1991 Contact:


Commercial Investigations LLCwww.commercialinvestigationsllc.com

Webinar Series: Primary Source Verification vs. Simultaneous Notice

CI Value: Do the right thing, always.

Background Investigations are NOT a Commodity

Major Differentiator Most Respectful to the Subject Positive Identification Concerned CRAs (Consumer

Reporting Agencies; e.g. Commercial Investigations LLC)

Why:Primary Source Verification




Employment background screening firms participating in Concerned CRAs pledge to verify the accuracy of information provided and avoid offshoring Americans’ personal information.




Responsible Use of Criminal Records Database

When using criminal records in databases in the context of employment-related screening, exclusive of the screening of volunteers, tenants, and other non-employment relationships: 1. Criminal records databases compiled by non-government

entities will only be used as indicators of possible records. Prior to making any report to an employer about a criminal record from a database, the CRA will verify the information directly with the reporting jurisdiction. This ensures that employers make decisions based on accurate and up-to-date information.

2. Current or prospective employer clients will be provided information about the limited nature of criminal records databases and the importance of researching each applicant’s criminal history in the jurisdictions in which the applicant currently or previously has lived or worked.

Ultimately, we are concerned that ongoing media coverage related to errors in background checks and the potential for litigation and overreaching legislative solutions place our profession at risk.



Cheap Not Responsible Very Devastating to the Subject Quick Turn Around Time Not Accurate Not Up To Date Increased Risk of Litigation to

End Users of Reports Public Relations Problems by

the End Users of the Reports

Why Not:Simultaneous Notice


About UsThe Law Section 613:FCRA(Fair Credit Reporting Act)

“In general. A consumer reporting agency which furnishes a consumer report for employment purposes and which for that purpose compiles and reports items of information on consumers which are matters of public record and are likely to have an adverse effect upon a consumer’s ability to obtain employment shall:”

§ 613. [15 U.S.C. § 1681k]



Simultaneous Notice:

1. “at the time such public record information is reported to the user of such consumer report, notify the consumer of the fact that public record information is being reported by the consumer reporting agency, together with the name and address of the person to whom such information is being reported; or”

§ 613. [15 U.S.C. § 1681k]



Primary Source Verification:

1. “maintain strict procedures designed to insure that whenever public record information which is likely to have an adverse effect on a consumer’s ability to obtain employment is reported it is complete and up to date. For purposes of this paragraph, items of public record relating to arrests, indictments, convictions, suits, tax liens, and outstanding judgments shall be considered up to date if the current public record status of the item at the time of the report is reported.”

§ 613. [15 U.S.C. § 1681k]


About UsSimultaneous Notice:Explanation

This Option allows for reporting of such information found in a criminal record database is not validated, it is relayed to both the user and subject at the same time regardless of accuracy. This process is undertaken by the large data brokers in the background screening industry.


About UsThe client then has to look through the results to either confirm or deny if this is actually their applicant. And with a name of John Smith, you can only imagine how many criminal results you will have to sort through.

The client still has to follow the PreAdverse/Adverse Action Notice.

Simultaneous Notice:Explanation


About UsPrimary Source Verification:Explanation

This allows for the reporting of information to the employer once the background screening company follows procedures to make sure the information that will be reported is complete and up to date.


About Us

The matches that we find are then researched again at the Primary Source of the data (e.g. the county court that actually heard the criminal case, the sex offender registry, etc.).

Primary Source Verification:Explanation



“Whenever a consumer reporting agency prepares an investigative consumer report, no adverse information in the consumer report (other than information which is a matter of public record) may be included in a subsequent consumer report unless such adverse information has been verified in the process of making such subsequent consumer report, or the adverse information was received within.”

§ 614. [15 U.S.C. § 1681l]


About UsCase:PSV Example

Examples of Primary Source Verification Procedures Used by Commercial Investigations

Criminal records listed in Origin CI will run County search

according to where offense took place

Criminal records listed in Cursory Indicator New York

CI will run New York Statewide

Why run Primary Source Verification? Allows for reduction in mismatched

names, wrong state of residences, other missed identifiers, etc….


About UsCase:PSV Example

Case Example: Kevin Jones

Applied for a Job at Halstead Management to be a doorman

Background Check done by Sterling Infosystems

Sterling found felony and misdemeanor convictions

Same DOB, but different middle name and different race to the Kevin Jones the report was done on

Company did not go through all identifiers and lied about obtaining official court records

As the saying goes, “if you are going to do something, do it right” and be sure to always ask questions!


Wrap Up


About UsAboutUs:Commercial Investigations LLC

Commercial Investigations LLC (CI) is a certified woman owned enterprise and NYS licensed private investigative agency.

Our vision is to be the most innovative and educational background investigations partner.


About UsCites:

http://www.consumer.ftc.gov/articles/pdf-0111-fair-credit-reporting-act.pdf

http://www.nydailynews.com/new-york/bad-background-check-cost-manhattan-dad-job-suit-article-1.1777819

Presented by: Melissa Ramsey, Chris Brinkman & Michelle Pyan

(800) 284-0906www.commercialinvestigationsllc.com

facebook.com/commercialinvestigationsllc

twitter.com/CI_LLC

linkedin.com/company/commercial-investigations-llc

[email protected]


http://pinterest.com/proactivetruth/

The information provided in this presentation does not constitute legal or accounting advice. It is for information and discussion purposes only.

This presentation may not be reproduced without the written consent of the author.


Primary Source Verification vs Simultaneous Notice

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