holyoke, ma 01040 pre-adverse action notice phone€¦ · 1. if you have undergone a background...

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Demo Parent 59 Bobala Road Holyoke, MA 01040 PRE-ADVERSE ACTION NOTICE Phone: CONFIDENTIAL TO BE OPENED BY ADDRESSEE ONLY HANK MESS 111 MAIN STREET SPRINGFIELD, MA 01104 September 10, 2018 Dear HANK MESS, We are writing to inform you that in evaluating your application for employment we have received the enclosed consumer report. This notification is provided because we may make an adverse decision that may be based, in whole or part, on this report. We are hereby informing you of certain information pursuant to the Fair Credit Reporting Act and state law. The report was procured pursuant to an authorization signed by you. A summary of your rights as a consumer is enclosed. If you have any questions regarding this report or believe that it may contain incorrect information, you may contact the provider of the report, Background Decision, and they will respond to your inquiry. Their mailing address and phone number are listed below: Background Decision 59 Bobala Road Holyoke, MA 01040 Phone: 413-642-4392 / 800-813-4381 Fax: 413-733-2061 / 800-345-3392 http://www.backgrounddecision.com Background Decision only provided us the consumer report and plays no part in the decision to take any action on your employment application. Background Decision is unable to provide you with specific reasons for any employment related decision to be made. Sincerely, Demo Parent 59 Bobala Road Holyoke, MA 01040 Phone: Enclosures: Information Concerning the Process in Correcting a Criminal Record Consumer Rights Notification Consumer Report CORI Report

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Page 1: Holyoke, MA 01040 PRE-ADVERSE ACTION NOTICE Phone€¦ · 1. If you have undergone a background check by an agency that has received a criminal record from the DCJIS, you may ask

Demo Parent

59 Bobala Road

Holyoke, MA 01040 PRE-ADVERSE ACTION NOTICE

Phone:

CONFIDENTIAL TO BE OPENED BY ADDRESSEE ONLY HANK MESS 111 MAIN STREET SPRINGFIELD, MA 01104

September 10, 2018

Dear HANK MESS,

We are writing to inform you that in evaluating your application for employment we have received the enclosed consumer report. This notification is provided because we may make an adverse decision that may be based, in whole or part, on this report. We are hereby informing you of certain information pursuant to the Fair Credit Reporting Act and state law.

The report was procured pursuant to an authorization signed by you. A summary of your rights as a consumer is enclosed. If you have any questions regarding this report or believe that it may contain incorrect information, you may contact the provider of the report, Background Decision, and they will respond to your inquiry. Their mailing address and phone number are listed below:

Background Decision 59 Bobala Road Holyoke, MA 01040 Phone: 413-642-4392 / 800-813-4381 Fax: 413-733-2061 / 800-345-3392 http://www.backgrounddecision.com

Background Decision only provided us the consumer report and plays no part in the decision to take any action on your employment application. Background Decision is unable to provide you with specific reasons for any employment related decision to be made.

Sincerely, Demo Parent 59 Bobala Road Holyoke, MA 01040 Phone:

Enclosures: Information Concerning the Process in Correcting a Criminal Record

Consumer Rights Notification

Consumer Report

CORI Report

Page 2: Holyoke, MA 01040 PRE-ADVERSE ACTION NOTICE Phone€¦ · 1. If you have undergone a background check by an agency that has received a criminal record from the DCJIS, you may ask

INFORMATION CONCERNING THE PROCESS IN CORRECTING A CRIMINAL RECORD

1. If you have undergone a background check by an agency that has received a criminal record from the DCJIS, you may

ask the agency to provide you with a copy of the criminal record. You may also request a copy of your adult criminal

record from the Department of Criminal Justice Information Services, 200 Arlington Street, Suite 2200, Chelsea, MA

02150 or by calling (617) 660-4640 or go to the Massachusetts iCORI service.

2. The DCJIS charges $25.00 fee to provide an individual with a copy of his/her criminal record. You may complete an

affidavit of indigency and request that the DCJIS waive the fee.

3. Upon receipt, review the record. If you need assistance in interpreting the entries or dispositions, please contact the

Constituent Assistance and Research Unit at (617) 660-4640 between 8:00 AM and 6:00 PM Eastern Time, Monday –

Friday or via email at [email protected]

4. The DCJIS does not offer “walk-in” service but you may call our Legal Division at (617) 660-4760 for assistance or the

CARI Unit of the Office of the Commissioner of Probation at (617) 727-5300.

5. If you believe that a case is opened on your record that should be marked closed, you may contact the Office of the

Commissioner of Probation Department at the court where the charges were brought and request that the case(s) be

updated.

6. If you believe that a disposition is incorrect, contact the Chief Probation Officer at the court where the charges were

brought or the CARI Unit at the Office of the Commissioner of Probation and report that the court incorrectly entered a

disposition on your criminal record.

7. If you believe that someone has stolen or improperly used your identity and were arraigned on criminal charges under

your name, you may contact the Office of the Commissioner of Probation CARI Unit or the Chief Probation Officer in

the court where the charges were brought. For a listing of courthouses and telephone numbers please click here.

8. In some situations of identity theft, you may need to contact the DCJIS to arrange to have fingerprints analysis

conducted.

9. If there is a warrant currently outstanding against you, you need to appear at the court and ask that the warrant be

recalled. You cannot do this over the telephone.

10. If you believe that an employer, volunteer agency, housing agency or municipality has been provided with a criminal

record that does not pertain to you, the agency should contact the CORI Unit for assistance at (617) 660-4640.

Page 3: Holyoke, MA 01040 PRE-ADVERSE ACTION NOTICE Phone€¦ · 1. If you have undergone a background check by an agency that has received a criminal record from the DCJIS, you may ask

Para informacion en espanol, visite www.consumerfinance.gov/learnmore o escribe a la Consumer Financial Protection Bureau,

1700 G Street N.W., Washington, DC 20552.

A Summary of Your Rights Under the Fair Credit Reporting Act

The federal Fair Credit Reporting Act (FCRA) promotes the accuracy, fairness, and privacy of information in the files of consumer

reporting agencies. There are many types of consumer reporting agencies, including credit bureaus and specialty agencies (such as

agencies that sell information about check writing histories, medical records, and rental history records). Here is a summary of your

major rights under the FCRA.

For more information, including information about additional rights, go to www.consumerfinance.gov/learnmore or write to:

Consumer Financial Protection Bureau, 1700 G Street N.W., Washington, DC 20552.

You must be told if information in your file has been used against you. Anyone who uses a credit report or another type of

consumer report to deny your application for credit, insurance, or employment ­ or to take another adverse action against you ­

must tell you, and must give you the name, address, and phone number of the agency that provided the information.

You have the right to know what is in your file. You may request and obtain all the information about you in the files of a

consumer reporting agency (your "file disclosure"). You will be required to provide proper identification, which may include

your Social Security number. In many cases, the disclosure will be free. You are entitled to a free file disclosure if:

o a person has taken adverse action against you because of information in your credit report;

o you are the victim of identity theft and place a fraud alert in your file;

o your file contains inaccurate information as a result of fraud;

o you are on public assistance;

o you are unemployed but expect to apply for employment within 60 days.

In addition, all consumers are entitled to one free disclosure every 12 months upon request from each nationwide credit bureau and from

nationwide specialty consumer reporting agencies. See www.consumerfinance.gov/learnmore for additional information.

You have the right to ask for a credit score. Credit scores are numerical summaries of your credit­ worthiness based on

information from credit bureaus. You may request a credit score from consumer reporting agencies that create scores or

distribute scores used in residential real property loans, but you will have to pay for it. In some mortgage transactions, you will

receive credit score information for free from the mortgage lender.

You have the right to dispute incomplete or inaccurate information. If you identify information in your file that is

incomplete or inaccurate, and report it to the consumer reporting agency, the agency must investigate unless your dispute is

frivolous. See www.consumerfinance.gov/learnmore for an explanation of dispute procedures.

Consumer reporting agencies must correct or delete inaccurate, incomplete, or unverifiable information. Inaccurate,

incomplete or unverifiable information must be removed or corrected, usually within 30 days. However, a consumer reporting

agency may continue to report information it has verified as accurate.

Consumer reporting agencies may not report outdated negative information. In most cases, a consumer reporting agency

may not report negative information that is more than seven years old, or bankruptcies that are more than 10 years old.

Access to your file is limited. A consumer reporting agency may provide information about you only to people with a valid

need ­ usually to consider an application with a creditor, insurer, employer, landlord, or other business. The FCRA specifies

those with a valid need for access.

You must give your consent for reports to be provided to employers. A consumer reporting agency may not give out

information about you to your employer, or a potential employer, without your written consent given to the employer. Written

consent generally is not required in the trucking industry. For more information, go to www.consumerfinance.gov/learnmore.

You may limit "prescreened" offers of credit and insurance you get based on information in your credit report.

Unsolicited "prescreened" offers for credit and insurance must include a toll-free phone number you can call if you choose to

remove your name and address from the lists these offers are based on. You may opt out with the nationwide credit bureaus at

1­888­567­8688.

You may seek damages from violators. If a consumer reporting agency, or, in some cases, a user of consumer reports or a

furnisher of information to a consumer reporting agency violates the FCRA, you may be able to sue in state or federal court.

Page 4: Holyoke, MA 01040 PRE-ADVERSE ACTION NOTICE Phone€¦ · 1. If you have undergone a background check by an agency that has received a criminal record from the DCJIS, you may ask

Identity theft victims and active duty military personnel have additional rights. For more information,

www.consumerfinance.gov/learnmore.

States may enforce the FCRA, and many states have their own consumer reporting laws. In some cases, you may have

more rights under state law. For more information, contact your state or local consumer protection agency or your

state Attorney General. For information about your federal rights, contact:

TYPE OF BUSINESS: CONTACT:

Banks, savings associations, and credit unions with total assets of

over $10 billion and their affiliates.

b. Such affiliates that are not banks, savings associations, or credit

unions also should list, in addition to the CFPB:

2. To the extent not included in item 1 above:

a. National banks, federal savings associations, and federal branches

and federal agencies of foreign banks

b. State member banks, branches and agencies of foreign banks

(other than federal branches, federal agencies, and Insured State

Branches of Foreign Banks), commercial lending companies owned

or controlled by foreign banks, and organizations operating under

section 25 or 25A of the Federal Reserve Act

c. Nonmember Insured Banks, Insured State

Branches of Foreign Banks, and insured state savings associations

d. Federal Credit Unions

3. Air carriers

4. Creditors Subject to the Surface Transportation Board

5. Creditors Subject to the Packers and Stockyards Act. 1921

6. Small Business Investment Companies

7. Brokers and Dealers

8. Federal Land Banks, Federal Land Bank Associations, Federal

Intermediate Credit Banks, and Production Credit Associations

9. Retailers, Finance Companies, and All Other Creditors Not Listed

Above

a. Consumer Financial Protection Bureau

1700 G Street, N.W.

Washington, DC 20552

b. Federal Trade Commission: Consumer Response Center - FCRA

Washington, DC 20580

(877) 382-4357

a. Office of the Comptroller of the

Currency Customer Assistance Group

1301 McKinney Street, Suite 3450

Houston, TX 77010-9050

b. Federal Reserve Consumer Help Center

P.O. Box 1200

Minneapolis, MN 55480

c. FDIC Consumer Response Center

1100 Walnut Street, Box #11

Kansas City, MO 64106

d. National Credit Union Administration Office of Consumer Protection (OCP)

Division of Consumer Compliance and Outreach (DCCO)

1775 Duke Street

Alexandria, VA 22314

Asst. General Counsel for Aviation Enforcement & Proceedings

Aviation Consumer Protection Division Department of Transportation

1200 New Jersey Avenue, S.E.

Washington, DC 20590

Office of Proceedings, Surface Transportation Board

Department of Transportation

395 E. Street, S.W. Washington, DC 20423

Nearest Packers and Stockyards Administration area supervisor

Associate Deputy Administrator for Capital Access

United States Small Business Administration

406 Third Street, SW, 8th Floor

Washington, DC 20416

Securities and Exchange Commission

100 F St NE

Washington, DC 20549

Farm Credit Administration

1501 Farm Credit Drive

McLean, VA 22102-5090

FTC Regional Office for region in which the creditor operates or Federal Trade

Commission: Consumer Response Center - FCRA

Washington, DC 20580

(877) 382-4357

Page 5: Holyoke, MA 01040 PRE-ADVERSE ACTION NOTICE Phone€¦ · 1. If you have undergone a background check by an agency that has received a criminal record from the DCJIS, you may ask

FILE NUMBER 385942

REPORT TO Demo Parent (DEMO) 59 Bobala Road

Holyoke MA 01040 Phone:

Fax: -

Background Screening Report Background Decision

59 Bobala Road

Holyoke, MA 01040

Phone: 413-642-4392 / 800-813-4381

Fax: 413-733-2061 / 800-345-3392

REPORT DATE 09-28-2017

ORDER DATE 09-28-2017 Crystal

TYPE SmartDecision MAX

Application Information

APPLICANT MESS, HANK DOB XXXX-01-01

E-MAIL [email protected]

ADDRESS(ES) 123 MAIN ST CITY / STATE / ZIP SPRINGFIELD, MA 01104

Investigative

County Criminal Records Search

***************************** Alert!! ***************************** RESULTS Records Found NAME SEARCHED MESS, HANK SEARCH DATE 09-28-2017 11:11 AM MDT DOB SEARCHED 01-01-XXXX SEARCH SCOPE

JURISDICTION MA-HAMPDEN

*** Abstract *** NAME ON RECORD MESS, HANK CASE NUMBER 502008CF012155YXYXMB DOB ON RECORD XXXX-04-27 COURT

OTHER IDENTIFIERS FILE DATE 2014-08-20

OTHER INFO

Count

TYPE Felony OFFENSE 1. Possession Of Schedule 4 Substance DISPOSITION Court: Pre Trial Intervention

DISPOSITION DATE 2015-09-18 OFFENSE DATE

SENTENCE Sentence: 24 Months Or Pretrial Intervention Next Court Date 10/08/2015

OTHER INFO

COMMENT

Count TYPE Felony OFFENSE 2. Possession Of Schedule 2 Substance DISPOSITION Court: Pre Trial Intervention

DISPOSITION DATE 2014-09-18 OFFENSE DATE

SENTENCE Sentence: 24 Months Or Pretrial Intervention Next Court Date 10/08/2015

OTHER INFO

COMMENT

Count TYPE OFFENSE

Felony 3. Attempt To Obtain Controlled Substance

Page 6: Holyoke, MA 01040 PRE-ADVERSE ACTION NOTICE Phone€¦ · 1. If you have undergone a background check by an agency that has received a criminal record from the DCJIS, you may ask

By Fraud DISPOSITION Court: Pre Trial Intervention

DISPOSITION DATE 2014-09-18 OFFENSE DATE

SENTENCE Sentence: 24 Months Or Pretrial Intervention Next Court Date 10/08/2015

OTHER INFO

COMMENT

*** Abstract ***

NAME ON RECORD

DOB ON RECORD

OTHER IDENTIFIERS

OTHER INFO

MESS, HANK

XXXX-04-27

CASE NUMBER

COURT

FILE DATE

2008CF012149YXY

2008-08-20

Count TYPE Felony OFFENSE 1. Attempt To Obtain Controlled Substance

By Fraud DISPOSITION Court: Pre Trial Intervention

DISPOSITION DATE 2014-09-18 OFFENSE DATE

SENTENCE Sentence: 24 Months Or Pretrial Intervention Next Court Date 10/08/2015

OTHER INFO

COMMENT

*** Abstract ***

NAME ON RECORD

DOB ON RECORD

OTHER IDENTIFIERS

OTHER INFO

MESS, HANK

XXXX-04-27

CASE NUMBER

COURT

FILE DATE

502007CT024900YXYXXSB

2008-08-17

Count TYPE Tra c OFFENSE 1. Unregistered Motor Vehicle DISPOSITION Court: Nolle Prosse

DISPOSITION DATE 2012-10-16 OFFENSE DATE

SENTENCE

OTHER INFO Charge Classification: Criminal

COMMENT

WARNING: Based on the information provided Background Decision searched for public records in the sources referenced herein for criminal history information as permitted by federal and state law. 'Records Found'

means that our researchers found a record(s) in that jurisdiction that matched the personal identifiers (i.e., Name, SSN, Date of Birth, Address) listed for the subject in the above abstract. Background Decision does not

guarantee the accuracy or truthfulness of the information as to the subject of the investigation, but only that it is accurately copied from public records. Information generated as a result of identity theft, including

evidence of criminal activity, may be inaccurately associated with the consumer who is the subject of this report. Further investigation into additional jurisdictions, or utilization of additional identifying information, may

be warranted. Please call for assistance.

Page 7: Holyoke, MA 01040 PRE-ADVERSE ACTION NOTICE Phone€¦ · 1. If you have undergone a background check by an agency that has received a criminal record from the DCJIS, you may ask

National CrimeNet Expanded

RESULTS No Reportable Records Found NAME SEARCHED MESS, HANK SEARCH DATE 09-28-2017 11:11 AM MDT DOB SEARCHED 01-01-XXXX SEARCH SCOPE

JURISDICTION NATIONWIDE JURISDICTION(S) SEARCHED

The search you have selected is a search of our criminal database(s) and may not represent 100% coverage of all

criminal records in all jurisdictions and/or sources. Coverage details available upon request.

For a detailed description of the data sources included in our National CrimeNet products, please visit

www.nationalcrimenet.info. CAUTION: Based on the information provided Background Decision searched for public records in the sources

referenced herein for criminal history information as permitted by federal and state law. 'No Reportable Records Found' means that our researchers could not locate a record that matched at least two personal

identifiers (i.e., Name, SSN, Date of Birth, Address) for the subject in that jurisdiction. Further investigation into additional jurisdictions, or utilization of additional identifying information, may be warranted. Please call for

assistance.

Quality Control

Disclaimer

This report is furnished to you pursuant to the Agreement for service between the parties and in compliance

with the Fair Credit Reporting Act. This report is furnished based upon your certification that you have a permissible purpose to obtain the report. The information contained herein was obtained in good faith from

sources deemed reliable, but the completeness or accuracy is not guaranteed.

------ NOTICE: This Report May Be Limited By Law ------ The Fair Credit Reporting Act puts no limit on the reporting of criminal convictions. However, consumer-

reporting agencies are prohibited from reporting non-conviction information that antedates the report by more than seven years. There is, however, an exemption when the report involves employment of an individual

that earns, or may reasonably be expected to earn, $75,000 or more. Non-conviction information would include arrests, findings of not guilty, or cases that were dismissed.

In addition to the federal law, the states of California, Kansas, Maryland, Massachusetts, Montana, New

Hampshire, New Mexico, New York, and Washington each have statutes further protecting residents of those states. These laws prohibit a Consumer Reporting Agency from reporting conviction records which

antedate the report by more than seven years.

The limitation statutes in Kansas, Maryland, New Hampshire, New York, and Washington State contain income

exceptions which allow a Consumer Reporting Agency to report information beyond seven years if the report is for employment purposes and the consumer will earn above a certain dollar amount: KS - $20,000; MD -

$20,000; NH - $20,000; NY - $25,000; WA - $20,000

If this report is for employment purposes, you were asked at order entry to identify the applicant’s anticipated salary so that we could determine if any of these exceptions apply. If information was not provided, or the

report is not for employment purposes, it is presumed that the exceptions do not apply.

The Fair Credit Reporting Act governs the use of consumer reports. The law imposes several obligations including the need for a written authorization from the consumer and a strict notification procedure when

making an adverse decision. You should consult with your attorney about the federal and state laws that apply to your business. For additional information about your FCRA compliance as a user of consumer reports, visit

http: www.ftc.gov/os/2004/11/041119factaapph.pdf

*** End Of Report ***

Page 8: Holyoke, MA 01040 PRE-ADVERSE ACTION NOTICE Phone€¦ · 1. If you have undergone a background check by an agency that has received a criminal record from the DCJIS, you may ask

XYZ COMPANY CRIMINAL RECORDS POLICY

Page 9: Holyoke, MA 01040 PRE-ADVERSE ACTION NOTICE Phone€¦ · 1. If you have undergone a background check by an agency that has received a criminal record from the DCJIS, you may ask

Massachusetts Criminal Offender Record Information

(CORI)

RESULTS