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FAQ

The FCRA requires employers to disclose that consumer reports may be used for employment decisions and to secure consent from employees or applicants to obtain these reports.

After completing a background check that results in findings that are grounds for dismissing a current employee or denying a job applicant, the employer must issue a pre-adverse action letter. The pre-adverse action letter will serve as a notice to relay this information to the applicant.

Before making a final employment decision based in whole or even in part on the results of a consumer report, the employer must provide a pre-adverse action notice to the individual, which includes a copy of the applicant's consumer report and a document summarizing their rights under the FCRA.

The FCRA For Employment Purposes Employers are required to both disclose their intention to obtain a consumer report and obtain written consent from applicants or current employees prior to requesting a consumer report.

Specifically, the FCRA requires that you must provide a clear and conspicuous written notice that consists solely of the disclosure. In other words, the disclosure must be (1) clear and conspicuous; and (2) exist as a standalone document.

As the FCRA has evolved, three sets of government actors have assumed responsibility for its enforcement: the Federal Trade Commission (FTC), state attorneys general, and the Consumer Financial Protection Bureau (CFPB).

FCRA rules generally apply any time an employer obtains a background check on a potential job candidate from a third-party source.

Adverse Action Notice notifies the candidate that information contained on their background report may negatively affect a decision about their employment. It is intended to give the candidate an opportunity to respond to the information contained in the report, so by law it must contain a copy of the report.

Send pre-adverse action notice: The employer must then give the candidate reasonable time to review the background check report, and allow them to address any information they consider inaccurate.

Fill Now Click to fill, edit and sign this form now! An adverse action letter explains to an applying individual that they have been denied access to financial-related benefits or employment.

King Washington Sample FCRA Letter to Applicant

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How does the FCRA most directly affect employers?

Which action is required under the FCRA when an employer denies employment to a job applicant?

Is pre-adverse action required?

What is the employer's responsibility to the applicant under the FCRA?

What is required for a FCRA disclosure?

Who is responsible for the enforcement of FCRA?

Does FCRA apply to all employers?

What does pre-adverse action mean on a background check?

What do you do when you get a pre-adverse action letter?

What is a FCRA letter?

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