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What turn-around
time should be expected for search requests? |
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How accurate
are your reports and what steps are taken to identify and address
search discrepancies? |
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What type of
search report is provided, if no negative information is found?
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In what states
can your company perform searches and does TSS maintain all
the necessary licenses to perform the required services in each
state searched? |
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In what
foreign countries can TSS perform searches? |
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What materials do you make available
to a customer in order for them to obtain authorization for
search from a candidate and to help the customer comply with
any local, state, federal laws? |
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Please explain in what ways your
company complies with all state and federal laws and regulations
with respect to the investigation, release, sharing and dissemination
(electronic transmission or otherwise) of personal applicant
information to the customer? |
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What is your company's policy
with respect to providing an applicant a copy of their report
or the opportunity to dispute or correct inaccurate information?
Further, what is your company's policy with respect to the applicant's
right to be notified if the search results in the applicant
being turned down for the position based on information included
in the report? |
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What methods (i.e., mail, facsimile,
Internet) does your company use to transmit information to and
from a customer? |
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Does your company compare various
search reports for inconsistencies among all reports, rather
than only pointing out inconsistencies within each individual
report? |
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What protection does your company
provide to the customer concerning reliability of the data?
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Does TSS require a contract to
be signed by the customer (for a specific time period) or are
services engaged on an as needed basis? |
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What is the FCRA? |
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As a user, what do I need to
know about the FCRA? |
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Are there other regulatory laws
I need to be concerned with as an employer? |
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Does the applicant have a right
to be told when a background check is requested? |
What turn-around time should be expected
for search requests?
TSS maintains a published turn-around times for its various searches
and has an 85% success rate at maintaining its published turn-around
times. This success rate is excellent within the industry. TSS's
cut-off time for same day search acceptance is 11:00 a.m. CST. All
business received after 11:00 a.m. is processed the next business
day. Results are typically returned between 3:00 p.m. and 4:30 p.m.,
Monday through Friday. If any State Repository, or any other entity,
elects to verify selected background information, actual turnaround
times may increase from published times.
How accurate are your reports and what
steps are taken to identify and address search discrepancies?
Discrepancies are infrequent, but do occur at times. A discrepancy
is defined as any information that is not found in the initial search
that is either subsequently disclosed or found in a record, if verifiable
and public information. If a client inputs search request information
incorrectly (i.e., name, date of birth, social security number or
area(s) to be searched), then client will be charged for the search
that results from the discrepancy. If the discrepancy is the fault
of TSS or its retrieval in the field, then a credit will be issued
to the client and the event will be regarded as a discrepancy (i.e.,
record not found on initial search request).
What type of search report is provided,
if no negative information is found?
Typically, TSS will provide date submitted, date returned, comments
from verification source, if available, and other transaction identifiers
within its reports.
In what states can your company perform
searches and does TSS maintain all the necessary licenses to perform
the required services in each state searched?
TSS is a background check company with a national presence capable
of working in any state. All licenses and appropriate insurances
are current and in full effect. TSS is a consumer-reporting agency
that fully complies with the Fair Credit Reporting Act.
In what foreign countries can TSS perform
searches?
At the current time, Canadian searches are available (need city/province).
In addition, Puerto Rico searches are available (need place of birth
and mother's maiden name). Additional countries or territories may
be available upon special request.
What materials do you make available
to a customer in order for them to obtain authorization for search
from a candidate and to help the customer comply with any local,
state, federal laws?
TSS provides training to all customers regarding our suggested procedures
to ensure compliance with all local, state and federal laws. Further,
we provide materials and suggestions for ensuring an applicant is
fully aware of the nature and extent of the search consent they
sign. TSS will provide a standard pre-authorization and 10 year
past residency form for each applicant to sign.
Please explain in what ways your company
complies with all state and federal laws and regulations with respect
to the investigation, release, sharing and dissemination (electronic
transmission or otherwise) of personal applicant information to
the customer?
TSS is fully FCRA compliant with regard to its policies and procedures.
An applicant signs a release prior to any searches being run. Further,
any state-specific mandated release forms will also be provided
for use in certain criminal or motor vehicle record searches. All
collected personal applicant information, whether of public record
or not, is never distributed. TSS will only provide collected information
to the appropriate customer contact under our End-User Agreement.
TSS does return all information possible via the Internet using
Secure Socket Layer (SSL) 128-bit encryption with Username and password
protection for log-in access. Any information not returned via the
Internet is sent by facsimile or regular U.S. mail, depending on
customer preference. TSS fully complies with any local, state or
federal mandates against use of Internet transmissions.
What is your company's policy with respect
to providing an applicant a copy of their report or the opportunity
to dispute or correct inaccurate information? Further, what is your
company's policy with respect to the applicant's right to be notified
if the search results in the applicant being turned down for the
position based on information included in the report?
In compliance with FCRA, TSS issues all of its customers all relevant
FCRA materials. Further, TSS requires each customer to execute a
Certification Letter indicating receipt of FCRA materials from TSS
and an understanding of adverse action issues from both an employer
and applicant perspective. TSS will provide clarification on any
adverse action issues for its customers. The materials provided
detail adverse action compliance requirements and provide sample
copies of appropriate forms and letters to be used by customers
in the event of an adverse action.
What methods (i.e., mail, facsimile,
Internet) does your company use to transmit information to and from
a customer?
TSS has created a web-based solution that exchanges as much information
as feasible via the Internet using Secure Socket Layer (SSL) 128-bit
encryption with Username and password protection for log-in access.
Any information not returned via the Internet is sent by facsimile
or regular U.S. mail, depending on customer preference. TSS fully
complies with any local, state or federal mandates against use of
Internet transmissions.
Does your company compare various search
reports for inconsistencies among all reports, rather than only
pointing out inconsistencies within each individual report?
When ordering is done through our proprietary background check system,
we do bundle all individual search requests into one returned report.
Our quality control personnel are trained to examine a "report"
for any erroneous or misleading data, which might lead to inconsistencies
from one search type to another. If there is data that appears to
be inconsistent, we try to determine the cause of the inconsistency.
What protection does your company provide
to the customer concerning reliability of the data?
Protection provided to the customer regarding reliability of data
is that TSS only uses the best methods and sources available within
FCRA compliance. Documentation is also provided for the express
purpose of educating our customers on data sources, search methods
and search reliability levels. Education is the best protection
for ensuring data reliability. Proper search data input yields the
best search results.
Does TSS require a contract to be signed
by the customer (for a specific time period) or are services engaged
on an as needed basis?
TSS only contracts with end-users of consumer data are to ensure
compliance with FCRA issues, not the term of service. Any customer
may elect not to use TSS services at any time.
What is the FCRA?
FCRA stands for Fair Credit Reporting Act and is the law that governs
users, providers and subjects of the information we provide. The
complete law can be found here. www.ftc.gov/os/statutes/fcra.pdf
As a user, what do I need to know about the FCRA?
The Federal Trade Commision has prepared educational materials addressing
this issue. It can be found here. www.ftc.gov/bcp/conline/pubs/buspubs/credempl.htm
Are there other regulatory laws I need
to be concerned with as an employer?
Various federal laws and regulations affect pre-employment screening.
These include EEOC Title VII regulations, the Driver Privacy Protection
Act and many other industry-specific regulations. In addition, many
states have laws affecting the pre-employment screening process.
Does the applicant have a right to be told
when a background check is requested?
Yes, Amendments to the Fair Credit Reporting Act (FCRA, 15 USC 1681),
in effect September 30, 1997, increase the disclosure and consent
requirements of employers who use "consumer reports".
Consumer reports are defined as any report requested in conjunction
with determining an individuals eligibility, as indicated in the
FCRA, for employment, tenant screening, extension of credit, underwriting
of insurance or financial transaction.
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