Just the FACT Act Please - Using Outside Experts to Investigate Workplace Misconduct Just Got Easier

The recently enacted Fair and Accurate Credit Transactions Act (FACT Act) amends the Fair Credit Reporting Act (FCRA) in various ways, but one new provision of great significance to employers is an exception to the law’s definition of “consumer report.” The exception liberates employers from following the FCRA’s exacting consent and disclosure requirements when they engage third parties to investigate workplace misconduct.