When may an employer obtain a consumer report for employment without the applicant's explicit consent?

• A. Never.
• B. Only with oral consent.
• C. Generally only with the applicant's written consent and for a permissible purpose; some exceptions may apply by law.
• D. Always allowed.

Answer: (C)

Consent and permissible purpose are fundamental in using consumer reports for employment. Under the Fair Credit Reporting Act, an employer may obtain a consumer report for employment only if the applicant provides written authorization specifically for that purpose. This written consent ensures the applicant knows a background check will be performed and why it’s being used to make employment decisions, such as hiring, promotion, or retention. While there are limited legal exceptions that may allow access without explicit consent in some circumstances or jurisdictions, the general rule is that written consent tied to a permissible purpose is required. That’s why the correct approach is to obtain written authorization (and operate within the allowed purposes), with any statutory exceptions acting only as narrow exceptions to that rule.