Posted by Belinda/CA on 2/4/13 10:11am
Msg #453882

Would/do you agree to this release of liability statement?

I have been requested to have a background check done by a title company I work for (even though I have two valid ones currently). They are paying for it. All of their contractors are required to do this.

The last sentence of the agreement you have to agree to when you have the background check done says,
"I hereby release the title company, the background check company, and any employee or agent acting on their behalf, as well as all persons, agencies, and entities providing information or reports about me, from any and all liability arising out of the request for or release of any of the above mentioned information or reports. "

By agreeing to the above these people are released of any liability even if they mishandle your personal information and Mr. Badguy ends up with it all (i.e. SS#, DL#, and so on). I don't know how misconduct could be traced it back to anyone/any company, but to say they are not accountable gives them reign to be lax and leaves one without recourse. You sign away your rights to hold someone accountable.

I am not seeking guidance. I am curious how many people do agree to such.

1) Are you signing similar statements when you do your background checks or in contracts?
2) Do you read what you are agreeing to?

Reply by Yoli/CA on 2/4/13 11:00am
Msg #453894

Yes, I would sign it - especially since the TC is paying for it.

My read on that release is that you're releasing those individuals/companies from any derived from those reports - i.e. your bgc brings out some non-favorable info and you're not hired or the TC no longer uses you.

Should fraud or ID theft result from an individual within those companies, that would constitute criminal act(s) and can therefore be pursued as such.

This, again, is my understanding as I read that paragraph. We do have some attorneys on this forum. Maybe they'll chime in.

Reply by HisHughness on 2/4/13 11:10am
Msg #453895

***Should fraud or ID theft result from an individual within those companies, that would constitute criminal act(s) and can therefore be pursued as such.***

Perhaps so. But if she suffers financial loss as a result of misuse of the information, a criminal prosecution offers her no restitution. It's a bit difficult to feel satisfied at seeing your victimizer behind bars if you have to gloat while standing in bread line.

Reply by Yoli/CA on 2/4/13 11:33am
Msg #453897

<<Perhaps so. But if she suffers financial loss as a result of misuse of the information, a criminal prosecution offers her no restitution. It's a bit difficult to feel satisfied at seeing your victimizer behind bars if you have to gloat while standing in bread line.>>

That's true. So, Hugh, let me pick your legal brain. Given the above example, could the victim file charges against the employer of that "criminal" for negligence?

Reply by sueharke on 2/4/13 12:34pm
Msg #453907

i'd agree to sign it and let them do a BCG. The company might have an issue getting a credit check as I have frozen my credit and would probably not setup the process for the credit card reporting bureaus to give the information (unless I was guaranteed the job).

Reply by HisHughness on 2/4/13 6:49pm
Msg #453990

***could the victim file charges against the employer of that "criminal" for negligence?***

"File charges" implies a criminal action. I assume you meant to ask if the employer would have any civil liability. I don't know the answer to that question. I do know that any tort lawyer worth his diploma is going to sue anyone against whom he can reasonably assert that there MIGHT be a claim. If he doesn't, the "victim" needs to find another lawyer and the lawyer needs to find another line of work.

Reply by A S Johnson on 2/4/13 12:34pm
Msg #453908

Are the company not saying, the way we understand backgroungs are for you our independemnt contractors but our emlpoyees do not need them so they are excausable for their actions with your personal; information.
I have mail boxes at my pack and mail retail business, if some one ask me if a person has a mail box with me my answer is that they are a client. That all I say.

Reply by NJDiva on 2/4/13 2:45pm
Msg #453930

ASJ, that reminds me of..."Due to the laws of

confidentiality, I can neither confirm nor deny" lol