Can an employer run your credit history without any permission?

I recently applied for a restaurant position and they put a hard hit on my credit without asking or having me sign anything.

Asked on September 11, 2015 under Employment Labor Law, Virginia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

An employer may only pull your credit report if it has your consent to do so. However, some employment applications ask to run a credit check on a separate form or include the request in a footnote or on the back of your paperwork. That having been said, if you didn't sign anything or give express permission, it appears that your credit report was wrongfully accessed.
In such a situation, you may be able to sue in state or federal court for damages. Additionally, specific state law may also offer additional remedies. Also, you may dispute the inquiry with the credit bureau that issued the report.


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