The Fair and Accurate Credit Transactions Act of 2003, or FACTA, has a section that states employers do not have to get permission to conduct a misconduct investigation, as opposed to background investigations.

Question

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The Fair and Accurate Credit Transactions Act of 2003, or FACTA, has a section that specifically exempts misconduct investigations from the requirement of obtaining permission from the employee or consumer being investigated. However, this exemption only applies to investigations into suspected misconduct, not background investigations.