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Pre-Adverse Action:

Applicant Pre-Adverse Action Documents

If the consumer report provides information that will negatively influence the employment opportunities of the applicant, whether in whole or in part, you must do all of the following BEFORE such an adverse action is made:

1. Provide the applicant with a copy of the consumer report; and
2. Provide the applicant a description in writing of their rights under the FCRA as prescribed by the FTC.

This pre-adverse action process allows the applicant the chance to dispute the negative information in the report. The employer should allow a reasonable amount of time for the applicant to respond to this pre-adverse action notification before final determination is made or adverse action is taken. (There is an FTC opinion letter that deems 5 days as reasonable, but it will depend upon your circumstances.)

Please proceed back to Faxon Investigations for more details and sample documents regarding Pre-adverse action.