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Drivers agree that Lyft may obtain their criminal and driving records and must provide any additional authorizations Lyft requires to access those records during the term of the agreement.
This analysis describes what Lyft's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision establishes an ongoing authorization for Lyft to access driver criminal and driving records for the duration of the agreement, not solely at the point of onboarding, which has implications for how driver background screening is conducted and disclosed under applicable consumer reporting law.
Interpretive note: The scope of the ongoing authorization and its interaction with FCRA disclosure and consent requirements depends on how Lyft implements background check procedures in practice, which is not detailed in the quoted provision.
Under this clause, drivers authorize Lyft to obtain criminal and driving records at any point during the agreement term and agree to provide further authorizations as Lyft requests. The Fair Credit Reporting Act (FCRA) governs the use of consumer reports for employment and similar purposes, and may constrain how Lyft may use background check information, irrespective of this contractual authorization.
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"You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.Excerpt from Lyft's Terms of Service
(1) REGULATORY LANDSCAPE: This provision engages the Fair Credit Reporting Act (FCRA), which governs the permissible use of consumer reports including criminal and driving records obtained through consumer reporting agencies. FCRA requires specific disclosure and authorization procedures for background checks, adverse action notices, and limits on re-investigation frequency. The FTC and Consumer Financial Protection Bureau share FCRA enforcement authority. State background check laws, including California's ICRAA, may impose additional requirements. (2) GOVERNANCE EXPOSURE: Medium. The ongoing nature of the authorization, permitting record access during the full term of the agreement rather than only at onboarding, may interact with FCRA requirements regarding the timing and scope of permissible background check authorizations. The requirement for drivers to provide further authorizations as needed is broad and warrants assessment against FCRA-compliant consent procedures. (3) JURISDICTION FLAGS: California's Investigative Consumer Reporting Agencies Act (ICRAA) and related state statutes impose requirements on background check disclosures and authorizations that may be more stringent than federal FCRA standards. Illinois, New York, and other states with ban-the-box or background check limitation laws create heightened compliance exposure. (4) CONTRACT AND VENDOR IMPLICATIONS: Third-party consumer reporting agencies used to conduct background checks must comply with FCRA, regardless of the contractual authorization granted in this provision. Lyft's vendor contracts with background check providers should be assessed for FCRA compliance obligations. (5) COMPLIANCE CONSIDERATIONS: Legal teams should confirm that the driver onboarding consent mechanism for background checks satisfies FCRA standalone disclosure and written authorization requirements, and that adverse action procedures are in place. The ongoing access authorization language should be evaluated against applicable state background check statutes for each market where drivers operate.
This provision establishes an ongoing authorization for Lyft to access driver criminal and driving records for the duration of the agreement, not solely at the point of onboarding, which has implications for how driver background screening is conducted and disclosed under applicable consumer reporting law.
Under this clause, drivers authorize Lyft to obtain criminal and driving records at any point during the agreement term and agree to provide further authorizations as Lyft requests. The Fair Credit Reporting Act (FCRA) governs the use of consumer reports for employment and similar purposes, and may constrain how Lyft may use background check information, irrespective of this contractual authorization.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Lyft.