Consent Management
FCRA-compliant disclosure, authorization, and adverse action workflows. State-specific requirements handled automatically. Electronic capture, storage, and audit-ready retrieval.
What Consent Management Covers
Consent management isn't just getting a signature. It's ensuring the right disclosure is presented at the right time, in the right format, with the right state-specific language - and that the entire process is documented for audit defense.
FCRA Disclosure & Authorization
Standalone disclosure that a background check will be conducted, and written authorization from the candidate to proceed. Required before any consumer report is obtained under the FCRA.
State-Specific Consent Requirements
Many states have additional disclosure requirements beyond FCRA - Ban the Box timing restrictions, salary history bans, specific language mandates, and enhanced disclosure forms.
Electronic Consent Capture
Candidates review and sign disclosures electronically. Signatures, timestamps, IP addresses, and form versions are captured and stored for compliance documentation.
Adverse Action Support
When background check results may affect a hiring decision, the FCRA requires a specific multi-step adverse action process. PSBI manages pre-adverse and final adverse action notifications.
Record Retention & Retrieval
All consent forms, disclosures, authorizations, and adverse action correspondence are stored with retention period tracking. Available for retrieval during audits or litigation.
Rescreening Authorization
For ongoing monitoring and periodic rescreening, consent management ensures that original authorizations cover future screenings or obtains renewed consent when required.
State-Specific Requirements
Federal FCRA is the floor. Many states and cities add requirements on top. PSBI tracks these requirements and applies the correct forms and processes based on the candidate's location and the employer's jurisdiction.
Ban the Box / Fair Chance
States and cities that restrict when employers can inquire about criminal history. Some prohibit background checks until after a conditional offer. The system enforces correct timing based on jurisdiction.
State-Specific Disclosure Language
States like California, New York, and Minnesota require specific language in background check disclosures beyond federal FCRA requirements. The system applies the correct forms based on candidate location.
State Adverse Action Requirements
Some states require additional steps in the adverse action process - longer waiting periods, additional notices, specific language, or state agency notifications.
Salary History Restrictions
Jurisdictions that prohibit asking about salary history during hiring. Where applicable, verification forms and processes are adjusted to exclude prohibited inquiries.
Adverse Action Process
When background check results may lead to a negative hiring decision, the FCRA requires a specific multi-step process. Skipping steps or getting the timing wrong creates litigation risk.
Pre-Adverse Action Notice
Before taking adverse action based on background check results, the employer must provide the candidate with a copy of the report, a summary of rights under the FCRA, and notice that adverse action is being considered.
Waiting Period
The candidate must be given a reasonable period (typically 5 business days, though some states require longer) to review the report and dispute any inaccuracies before a final decision is made.
Final Adverse Action Notice
If the decision stands after the waiting period, a final adverse action notice is sent including the CRA's name and contact information, a statement that the CRA did not make the decision, and the candidate's right to dispute and obtain a free copy of the report.
PSBI Manages the Process, You Make the Decision
PSBI does not make hiring decisions - that's always the employer's call. What PSBI does is manage the compliance process around that decision: sending the right notices at the right time, tracking waiting periods, documenting every step, and ensuring the process is defensible if challenged.
How Pricing Works
Consent management is typically included as part of the screening platform - not priced as a separate service. The electronic consent, adverse action management, and record retention capabilities are built into how PSBI handles background checks. Contact us for details on platform pricing.
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See how PreSearch handles consent management, adverse action, and FCRA compliance for your organization.