Question 1

Does COPPA require age verification for all websites?

Accepted Answer

No. COPPA applies only to operators of websites or online services directed to children under 13, or with actual knowledge they are collecting personal information from users under 13. General-audience websites without features directed to children, and without actual knowledge of child users, are not subject to COPPA's parental consent requirements.

Question 2

What is the difference between COPPA and state pornography age verification laws?

Accepted Answer

COPPA governs data collection from children under 13, regardless of content type. State pornography age verification laws govern access to sexually explicit content by anyone under 18, regardless of data collection. A pornographic website may be subject to both COPPA (if it collects data) and state AV laws (if it displays explicit content).

Question 3

Do US age verification laws require government ID specifically?

Accepted Answer

Requirements vary by state. Louisiana and Texas require methods based on government-issued ID or equivalent official data. Other states require only "commercially reasonable" age verification, which courts and AGs have interpreted to include database checks and biometric methods. The FTC's COPPA guidance recognizes multiple methods for parental consent verification.

Question 4

Can facial age estimation satisfy US state age verification requirements?

Accepted Answer

It depends on the state. Virginia's law explicitly recognizes "age estimation technology" as an acceptable method. Louisiana's law focuses on government ID. Texas courts have interpreted "commercially reasonable" to potentially include biometric methods. Companies should obtain state-specific legal advice before relying solely on facial estimation.

Question 5

What are the data retention rules under US state age verification laws?

Accepted Answer

Most state AV laws explicitly prohibit operators from retaining "any identifying information" after the age verification event. Louisiana Act 440 states that operators "shall not retain any identifying information of the individual after access is granted." This prohibition is one of the key differentiators from European frameworks, which focus on minimization rather than absolute deletion.

Question 6

Is employment verification legally required for all US employers?

Accepted Answer

Form I-9 completion is legally required for every hire under the Immigration and Nationality Act. Beyond I-9, no federal law requires general employment history verification for most private-sector roles — but FCRA compliance is mandatory whenever a third-party Consumer Reporting Agency is used. Certain regulated industries impose additional requirements: FINRA for broker-dealers, FDIC for banking, Joint Commission for healthcare, and state licensing boards for professions such as nursing and law.

Question 7

Can I contact a candidate's current employer without their knowledge?

Accepted Answer

No. Contacting a candidate's current employer without explicit written consent is a serious breach of professional ethics and can expose the employer to claims under state privacy statutes. Always obtain written authorization — ideally as part of the FCRA disclosure and consent form — and clearly specify which employers you intend to contact.

Question 8

What happens if E-Verify returns a Tentative Non-Confirmation (TNC)?

Accepted Answer

A TNC means E-Verify found a mismatch between the Form I-9 data and government records. It does not mean the employee is unauthorized to work. The employer must notify the employee, who then has the right to contest the TNC with the relevant agency (SSA or DHS) within eight federal government workdays. Employers must not terminate, reduce hours, or take adverse action solely on the basis of a TNC while a contest is pending.

Question 9

How long must I retain Form I-9 records?

Accepted Answer

Form I-9 must be retained for whichever is longer: three years from the date of hire, or one year from the date of employment termination. For example, an employee hired January 1, 2020 and terminated December 1, 2021 requires I-9 retention until January 1, 2023 (three years from hire). ICE may inspect I-9 records with three business days' notice during an audit.

Question 10

What should I do if verification reveals a material discrepancy on a candidate's resume?

Accepted Answer

Raise the discrepancy directly with the candidate and provide a reasonable opportunity to explain before taking adverse action. Minor inconsistencies — slightly different job title wording across documents — may have innocent explanations. Material misrepresentations — a degree that was never awarded, an employment period that cannot be confirmed, an SSN that does not match — are grounds to withdraw a conditional offer. If the decision is based on a third-party background report, complete the FCRA pre-adverse action and adverse action procedures in full. Document every step.

Guide

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