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What turn-around time should be expected for search requests?
  How accurate are your reports and what steps are taken to identify and address search discrepancies?
  What type of search report is provided, if no negative information is found?
  In what states can your company perform searches and does TSS maintain all the necessary licenses to perform the required services in each state searched?
  In what foreign countries can TSS perform searches?
  What materials do you make available to a customer in order for them to obtain authorization for search from a candidate and to help the customer comply with any local, state, federal laws?
  Please explain in what ways your company complies with all state and federal laws and regulations with respect to the investigation, release, sharing and dissemination (electronic transmission or otherwise) of personal applicant information to the customer?
  What is your company's policy with respect to providing an applicant a copy of their report or the opportunity to dispute or correct inaccurate information? Further, what is your company's policy with respect to the applicant's right to be notified if the search results in the applicant being turned down for the position based on information included in the report?
  What methods (i.e., mail, facsimile, Internet) does your company use to transmit information to and from a customer?
  Does your company compare various search reports for inconsistencies among all reports, rather than only pointing out inconsistencies within each individual report?
  What protection does your company provide to the customer concerning reliability of the data?
  Does TSS require a contract to be signed by the customer (for a specific time period) or are services engaged on an as needed basis?
  What is the FCRA?
  As a user, what do I need to know about the FCRA?
  Are there other regulatory laws I need to be concerned with as an employer?
  Does the applicant have a right to be told when a background check is requested?

What turn-around time should be expected for search requests?
TSS maintains a published turn-around times for its various searches and has an 85% success rate at maintaining its published turn-around times. This success rate is excellent within the industry. TSS's cut-off time for same day search acceptance is 11:00 a.m. CST. All business received after 11:00 a.m. is processed the next business day. Results are typically returned between 3:00 p.m. and 4:30 p.m., Monday through Friday. If any State Repository, or any other entity, elects to verify selected background information, actual turnaround times may increase from published times.


How accurate are your reports and what steps are taken to identify and address search discrepancies?
Discrepancies are infrequent, but do occur at times. A discrepancy is defined as any information that is not found in the initial search that is either subsequently disclosed or found in a record, if verifiable and public information. If a client inputs search request information incorrectly (i.e., name, date of birth, social security number or area(s) to be searched), then client will be charged for the search that results from the discrepancy. If the discrepancy is the fault of TSS or its retrieval in the field, then a credit will be issued to the client and the event will be regarded as a discrepancy (i.e., record not found on initial search request).


What type of search report is provided, if no negative information is found?
Typically, TSS will provide date submitted, date returned, comments from verification source, if available, and other transaction identifiers within its reports.


In what states can your company perform searches and does TSS maintain all the necessary licenses to perform the required services in each state searched?
TSS is a background check company with a national presence capable of working in any state. All licenses and appropriate insurances are current and in full effect. TSS is a consumer-reporting agency that fully complies with the Fair Credit Reporting Act.


In what foreign countries can TSS perform searches?
At the current time, Canadian searches are available (need city/province). In addition, Puerto Rico searches are available (need place of birth and mother's maiden name). Additional countries or territories may be available upon special request.


What materials do you make available to a customer in order for them to obtain authorization for search from a candidate and to help the customer comply with any local, state, federal laws?
TSS provides training to all customers regarding our suggested procedures to ensure compliance with all local, state and federal laws. Further, we provide materials and suggestions for ensuring an applicant is fully aware of the nature and extent of the search consent they sign. TSS will provide a standard pre-authorization and 10 year past residency form for each applicant to sign.


Please explain in what ways your company complies with all state and federal laws and regulations with respect to the investigation, release, sharing and dissemination (electronic transmission or otherwise) of personal applicant information to the customer?
TSS is fully FCRA compliant with regard to its policies and procedures. An applicant signs a release prior to any searches being run. Further, any state-specific mandated release forms will also be provided for use in certain criminal or motor vehicle record searches. All collected personal applicant information, whether of public record or not, is never distributed. TSS will only provide collected information to the appropriate customer contact under our End-User Agreement. TSS does return all information possible via the Internet using Secure Socket Layer (SSL) 128-bit encryption with Username and password protection for log-in access. Any information not returned via the Internet is sent by facsimile or regular U.S. mail, depending on customer preference. TSS fully complies with any local, state or federal mandates against use of Internet transmissions.


What is your company's policy with respect to providing an applicant a copy of their report or the opportunity to dispute or correct inaccurate information? Further, what is your company's policy with respect to the applicant's right to be notified if the search results in the applicant being turned down for the position based on information included in the report?
In compliance with FCRA, TSS issues all of its customers all relevant FCRA materials. Further, TSS requires each customer to execute a Certification Letter indicating receipt of FCRA materials from TSS and an understanding of adverse action issues from both an employer and applicant perspective. TSS will provide clarification on any adverse action issues for its customers. The materials provided detail adverse action compliance requirements and provide sample copies of appropriate forms and letters to be used by customers in the event of an adverse action.


What methods (i.e., mail, facsimile, Internet) does your company use to transmit information to and from a customer?
TSS has created a web-based solution that exchanges as much information as feasible via the Internet using Secure Socket Layer (SSL) 128-bit encryption with Username and password protection for log-in access. Any information not returned via the Internet is sent by facsimile or regular U.S. mail, depending on customer preference. TSS fully complies with any local, state or federal mandates against use of Internet transmissions.


Does your company compare various search reports for inconsistencies among all reports, rather than only pointing out inconsistencies within each individual report?
When ordering is done through our proprietary background check system, we do bundle all individual search requests into one returned report. Our quality control personnel are trained to examine a "report" for any erroneous or misleading data, which might lead to inconsistencies from one search type to another. If there is data that appears to be inconsistent, we try to determine the cause of the inconsistency.


What protection does your company provide to the customer concerning reliability of the data?
Protection provided to the customer regarding reliability of data is that TSS only uses the best methods and sources available within FCRA compliance. Documentation is also provided for the express purpose of educating our customers on data sources, search methods and search reliability levels. Education is the best protection for ensuring data reliability. Proper search data input yields the best search results.


Does TSS require a contract to be signed by the customer (for a specific time period) or are services engaged on an as needed basis?
TSS only contracts with end-users of consumer data are to ensure compliance with FCRA issues, not the term of service. Any customer may elect not to use TSS services at any time.


What is the FCRA?
FCRA stands for Fair Credit Reporting Act and is the law that governs users, providers and subjects of the information we provide. The complete law can be found here. www.ftc.gov/os/statutes/fcra.pdf


As a user, what do I need to know about the FCRA?

The Federal Trade Commision has prepared educational materials addressing this issue. It can be found here. www.ftc.gov/bcp/conline/pubs/buspubs/credempl.htm

Are there other regulatory laws I need to be concerned with as an employer?
Various federal laws and regulations affect pre-employment screening. These include EEOC Title VII regulations, the Driver Privacy Protection Act and many other industry-specific regulations. In addition, many states have laws affecting the pre-employment screening process.


Does the applicant have a right to be told when a background check is requested?
Yes, Amendments to the Fair Credit Reporting Act (FCRA, 15 USC 1681), in effect September 30, 1997, increase the disclosure and consent requirements of employers who use "consumer reports". Consumer reports are defined as any report requested in conjunction with determining an individuals eligibility, as indicated in the FCRA, for employment, tenant screening, extension of credit, underwriting of insurance or financial transaction.

 

 
 
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