According to the F.C.R.A. the Adverse Action letter must contain certain information .
Before You Take an Adverse Action
Before you reject a job application, reassign or terminate an employee, deny a promotion, or take any other adverse employment action based on information in a consumer report, you must give the applicant or employee:
a notice that includes a copy of the consumer report you relied on to make your decision; and
a copy of A Summary of Your Rights Under the Fair Credit Reporting Act, which the company that gave you the report should have given to you.
Giving the person the notice in advance gives the person the opportunity to review the report and tell you if it is correct.
After You Take an Adverse Action
If you take an adverse action based on information in a consumer report, you must give the applicant or employee a notice of that fact – orally, in writing, or electronically.
An adverse action notice tells people about their rights to see information being reported about them and to correct inaccurate information. The notice must include:
the name, address, and phone number of the consumer reporting company that supplied the report;
a statement that the company that supplied the report did not make the decision to take the unfavorable action and can't give specific reasons for it; and
a notice of the person's right to dispute the accuracy or completeness of any information the consumer reporting company furnished, and to get an additional free report from the company if the person asks for it within 60 days.
An Adverse Report is provided from a consumer reporting agency as a result of a background.
An employer can make a decision not to hire a candidate or withdraw an offer of employment due to an adverse report.
Not all adverse reports are to be considered an immediate withdraw from consideration for employment.
Always make sure that you speak with your legal counsel and follow all Fair Credit reporting guidelines 15 U.S. Code § 1681m section 615 before making any pre-adverse or final adverse decisions.
Consumer Laws and Regulations
No action can be taken against a consumer until they have received a copy of their report.
A Pre-Adverse action letter must be mailed to the consumer informing them of the potential adverse action, and how you came to the decision due to the information that was obtained through their report.
Make sure that the consumer receives a copy of the FCRA Summary of Rights and is allowed to dispute and correct the information on the report.
A second notice must be given to the consumer called an Adverse Action letter. This informs them that an adverse action has been issued against them.
BoldSecure is committed to providing the most accurate data possible. We will be there for our clients to help them with any disputes of inaccuracies and issues regarding non completed information that is provided.
BoldSecure is not a legal firm and does not give legal advise. Please make sure that you speak with your legal counsel before making any hiring decisions. BoldSecure is a consumer reporting agency as defined by the Fair Credit Reporting Act.