Terms & Conditions

OVERVIEW (applicable to this front-end site and our user interactive back-end order site)

This website is operated by BCS Background Screening, LLC. Throughout the site, the terms “BCS”, “usabackground.com”, “we”, “us” and “our” refer to BCS Background Screening, LLC.

USAbackground.com offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

BCS Background Screening, LLC Applicant Screening Membership Agreement

Client Certification of Use for Background Reports

The Undersigned User and BCS Background Screening, LLC hereby agree to the following:

User has access to consumer reports, defined as ANY report to determine an individual’s eligibility, as outlined in the Fair Credit Act (FCRA), which includes employment (pre-employment, promotion and reassigning, periodic background checks), volunteer screening, tenant screening, and use in connection with a financial transaction/extension of credit or the underwriting of insurance. All reports furnished by BCS Background Screening, LLC are based upon your certification that you have a permissible purpose to obtain the report. The information contained in BCS Background Screening, LLC reports was obtained in good faith from sources deemed reliable, but the completeness or accuracy is not guaranteed. User agrees to hold BCS Background Screening, LLC and its’ agents harmless from any error or omission contained in BCS Background Screening, LLC reports.

A. Requesting a Consumer Report and/or Investigative Consumer Report for Employment Purposes.

B. User certifies and warrants that a consumer report for employment purposes will not be requested unless:

A consumer Summary of Rights must be provided in the format approved by the Federal Trade Commission. An initial copy will be provided by BCS Background Screening, LLC.
The Consumer has the right to request the nature and scope of the investigation and the employer must respond in writing not later that five days after receiving the consumers request or from the date the investigation was first requested, whichever is the later.
A clear and conspicuous disclosure has been made in writing to the consumer before the report is obtained, in a document that consists of the disclosure that a consumer report may be obtained for employment purposes.
The consumer has authorized in writing the procurement of the report.
If an Investigative Consumer Report is requested, the consumer must be notified in writing not later than three days of requesting said report.
3. Requirements upon an Adverse Action/Decision

4. User certifies and warrants that before taking an adverse action due to the contents in whole or part of the Consumer Report, it will provide to the consumer:

Must be in written, oral, or electronic form.
Must contain BCS Background Screening, LLC name, address and phone number.
Must advise the consumer of his/her right to obtain a free copy of the report within 60 days of the adverse action and to dispute the accuracy or completeness of the report.
User acknowledges that this entire procedure must be repeated before future reports on the individual are requested
User will hold the contents of the consumer report in strict confidence and use information for purposes outlined in the disclosure.
Failure to comply with FCRA requirements can result in state or federal enforcement actions, as well as private lawsuits. (Section 606, 617, 621). In addition, any person who knowingly and willfully obtains a consumer report under false pretenses may face criminal prosecution.
A copy of the Consumer Report
A copy of the Summary of Consumer Rights in the format approved by the Federal Trade Commission. An initial copy of the summary will be provided by BCS Background Screening, LLC
FCRA Requirements (Federal Fair Credit Reporting Act Public Law 91-508)

About National or Multi-States Criminal Databases

Please be advised that certain States reporting to criminal database repositories have recently implemented restrictions on the display of dates of birth (DOB) due to privacy regulations and legal requirements. As a result, the criminal information provided in background checks may be limited, and it may be more challenging to verify the identity of individuals based solely on the available data.

We recommend clients use additional identifying information, such as addresses or physical descriptions, to ensure accurate matching. While we strive to provide the most comprehensive and up-to-date information, we cannot guarantee the completeness of records when DOBs are redacted. We may miss records on common name combinations when DOB is redacted. Please review all results carefully and contact us with any questions or concerns regarding identity verification.

As per FCRA guidelines, any derogatory record found at nationwide database level should be followed by a real-time county court or state government agency for most recent and updated disposition as case can get down-pleaded or expunged after meeting jurisdiction court criteria.
Access Security Requirements

Although the FCRA primarily regulates the operations of consumer credit reporting agencies, it also affects the user of the information. Please read the Fair Credit Reporting Act located at https://www.ftc.gov/legal-library/browse/statutes/fair-credit-reporting-act. By login into the BCS system platform, you as an user acknowledge your familiarity with the FCRA. We suggest you and your employees become familiar with the following sections in particular: 604 – Permissible purpose of reports, 610 – Conditions of disclosures to consumers, 615 -Requirements of users of consumer reports, 616 – Civil liability for willful noncompliance, 617 – Civil liability for negligent noncompliance, 619 – Obtaining information under false pretenses, 620 – Unauthorized disclosures by officer or employee.

Each of these is of direct consequence to users who obtain reports on consumers.

As directed by law, credit reports may only be issued if they are to be used for extending credit, review or collection of an account, employment purposes, underwriting insurance, or in connection with some other legitimate business transaction such as an investment, partnership, etc. It is imperative that you identify each report to be used for employment purposes when such a report is ordered. Additional state laws may also impact your usage of reports for employment purposes.

BCS Background Screening, LLC strongly endorses the letter and spirit of the Federal Fair Credit Reporting Act. We believe that this law and similar state laws recognize and preserve the delicate balance between the rights of the consumer and the legitimate needs of commerce.

In addition to the Federal Fair Credit Reporting Act, other federal and state laws addressing such topics as computer crimes and unauthorized access to protected databases have also been enacted. As a prospective use of consumer reports, we expect that you and your staff will comply with all federal statutes and the statutes and regulations of the state in which you operate.

You recognize that adhering to all relevant laws is your sole responsibility. BCS offers account configuration support, including suggestions for package and product settings, along with various sample forms (such as disclosures, notifications, and authorizations located at https://usabackground.com/forms/), and other resources to aid in meeting your compliance obligations. However, these materials are not customized for you or created on your behalf. By using any forms or materials from BCS, whether through the BCS Hosted Platform or otherwise, you confirm that you have reviewed and understand them, sought independent legal advice regarding their content and implications for your legal compliance and/or liability, and accept sole responsibility for their adoption and use. BCS does not provide legal advice through the provision of these materials.

Regarding Access Security Requirements, we (as a reseller) have an obligation to implement policies which protect the confidential nature of credit databases and assure respect for the consumer’s right to privacy. BCS Background Screening, LLC customers are required to demonstrate a “permissible purpose” for obtaining credit reports and must act responsibly when accessing consumer credit databases.

It is a requirement that all usabackground.com customers take precautions to secure any system or device used to access consumer credit information. To that end, the following requirements have been established:

Your BCS Background Screening, LLC account number and any passwords must be protected in a way that this sensitive information is know only to key personnel. Under no circumstances unauthorized persons have knowledge of your password. the information should not be posted anywhere in your facility.
Any system access software you may use, whether developed by your company or purchased from a third party vendor, must have your account number hidden or embedded so that the password is known only to the supervisory personnel. Each user of your system access software then must be assigned a unique logon password.
Your account numbers and passwords are not to be discussed by telephone to any unknown caller, even if the caller claims to be an employee.
The ability to obtain credit information should be limited to a few key personnel.
Any terminal devices used to obtain credit information should be placed in a secure location within your facility. Access to the devices should be difficult for any unauthorized personnel.
Any device/systems used to access consumer reports should be turned off and locked after normal business hours, when unattended by key personnel.
Hard copies and electronic files of consumer reports are to be shredded or destroyed, rendered unreadable, when no longer needed and when it is permitted to do so by applicable regulations.
Electronic files containing consumer report data and/or information will be completely erased or rendered unreadable when no longer needed and when destruction is permitted by applicable regulations(s).
“Any person who knowingly or willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined not more than $5000 or imprisoned not more than a year, or both.” Federal Fair Credit Reporting Act (15USC1681q)

CERTIFICATION: By choosing to submit this form electronically, I certify and agree that by electronically SUBMITTING my name, credit card payment and/or company information, I bind and legally obligate myself to the same extent as I would by signing my name on a printed version of this form. I also certify that I have read, understand and accept the Terms and Conditions and General Use of Data stated below.

ANY FACSIMILE OR ELECTRONIC SUBMISSION of this agreement shall be deemed to be and shall serve as if it were the original agreement between the parties, providing all legal rights and remedies under the governing law of the STATE OF FLORIDA or other applicable governmental authorities. Client also agrees to pay any attorney’s fees and court costs which we may incur in collecting any unpaid amount and agrees to pay any attorney’s fees and court costs incurred by BCS in defending any lawsuit brought by client or client’s representatives. Client agrees to give up right to local jurisdiction and understands and consents to any case arising from non-payment of a bill to be heard under Miami-Dade county, Florida jurisdiction.

I also give permission to BCS Background Screening, LLC to use my credit card for payment of searches requested.