The Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq., governs how consumer reports — including criminal background checks — may be obtained and used. VolunteerBadge is operated by ScreenForge Labs, LLC as a Consumer Reporting Agency (CRA). Your organization is the end user of consumer reports. Both roles carry specific legal duties. This page explains why written authorization is not optional and what you attest to when ordering a background check.
1. Written Disclosure and Authorization Are Required
Before obtaining a consumer report on any individual, FCRA § 604 and § 606 require that you provide a clear and conspicuous written disclosurethat a consumer report may be obtained for employment or volunteer screening purposes, in a document consisting solely of the disclosure. You must also obtain the individual's written authorization to procure the report.
Electronic disclosure and e-signature are permitted when your process meets applicable E-SIGN and state law requirements. VolunteerBadge application templates include locked FCRA disclosure and signature fields for applicants who apply online. For paper applications, direct checks, or imported applications, you must maintain the signed authorization on file before ordering a check.
2. Your Organization's Attestation
When you order a background check through VolunteerBadge — including via direct check, paper import, API, or dashboard — you attest and represent that:
- You have obtained a valid written FCRA disclosure and authorization from the subject before the check was ordered, or the subject completed VolunteerBadge's electronic disclosure and authorization through an application you sent.
- You have a permissible purpose under FCRA § 604 to obtain the report (e.g., volunteer screening for a position involving regular contact with vulnerable populations).
- You are authorized by your organization to request consumer reports and to use the information only for legitimate volunteer screening decisions.
- You will not use consumer report information in violation of federal or state law, including anti-discrimination statutes.
- You understand that ordering a check without proper authorization exposes your organization to civil liability, regulatory action, and termination of access to VolunteerBadge.
3. VolunteerBadge as Consumer Reporting Agency
As a CRA, VolunteerBadge must follow reasonable procedures to assure maximum possible accuracy of the information in consumer reports (FCRA § 607). When criminal database searches return potential matches ("hits"), we do not immediately release full record details. Our team verifies completeness, accuracy, and relevance of each potential match before releasing an adjudicated report. This verification process protects both the subject and your organization from acting on inaccurate or mismatched records.
Subjects have the right to dispute inaccurate or incomplete information (FCRA § 611). VolunteerBadge maintains procedures for reinvestigation and correction as required by law.
4. Adverse Action Obligations
If you decide to deny a volunteer opportunity, decline an application, or take other adverse action based in whole or in part on information in a consumer report, FCRA § 615 requires a two-step adverse action process:
- Pre-adverse action notice — inform the subject that adverse action may be taken, provide a copy of the consumer report, and include a summary of rights under the FCRA.
- Waiting period — allow a reasonable time (commonly five business days) for the subject to review and dispute the report.
- Final adverse action notice — if you proceed, send a final notice identifying the CRA, stating that the CRA did not make the decision, and providing dispute rights.
VolunteerBadge provides tools to generate FCRA-compliant pre-adverse and adverse action notices from your dashboard. However, you are solely responsible for delivering those notices to the applicant or volunteer through appropriate channels (mail, email, or in-person as your counsel advises). VolunteerBadge, as the CRA, cannot send adverse action notices on your behalf and cannot verify whether your organization completed the process.
5. Recordkeeping
Maintain copies of all FCRA disclosures, signed authorizations, adverse action notices, and screening decisions for at least five years, or longer if required by your state or funding sources. VolunteerBadge retains audit logs of electronic consents and check orders, but your organization remains responsible for paper records and for demonstrating compliance during audits or litigation.
6. Questions
This page is provided for educational purposes and does not constitute legal advice. Consult qualified counsel for guidance specific to your organization, jurisdiction, and volunteer programs. For platform support, contact support@volunteerbadge.com.