Laws and limits
The FCRA and Private Detectives: What You Need to Know
If background information will be used for hiring, renting or credit decisions, federal law likely applies.
Key points
- FCRA governs consumer reports for regulated decisions
- Disclosure, authorization and adverse-action steps apply
- Personal-use investigations are different
What the FCRA covers
The Fair Credit Reporting Act regulates consumer reports used for employment, tenant screening, credit and insurance decisions. Detectives compiling such reports can be treated as consumer reporting agencies.
What it requires
For employment, the employer generally must give written disclosure, get the candidate's authorization, and follow pre-adverse and adverse action steps. Many states add their own rules.
Workplace misconduct investigations
Some investigations of suspected misconduct have special treatment under the FCRA. Employers should consult employment counsel.
Personal and legal matters
Background research for personal safety, litigation or due diligence that isn't used for FCRA-regulated decisions is treated differently, but must still follow other laws.
Common questions
Can I use a detective to screen job applicants?
Only through an FCRA-compliant process.
Can I research a tenant applicant?
Tenant screening is FCRA-regulated.
Is researching a date regulated?
Not by the FCRA in the same way, but other laws apply.
This guide is general information, not legal advice. Laws change and vary by state; consult an attorney about your situation. See our legal disclaimer.
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