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Pre-Adverse Action Letter

Providing a pre-adverse action letter notifying an applicant they may not be considered for a position is something we can help you do right the first time.

According to the Fair Credit Report Act (FCRA) should an employer make a decision in whole or in part to not hire an applicant, they must first provide the pre-adverse action letter along with a copy of the report and a copy of “A Summary of Your Rights Under the Fair Credit Reporting Act.”

While Backgrounds Online will furnish the pre-adverse action letter to its clients, it must state the employer’s name and that the employer may not be able to hire the applicant based upon the report they obtained. Backgrounds Online’s address and phone number must be included as well in the pre-adverse action letter.

The pre-adverse action letter must also let the job applicant know a length of time that they will have to dispute the findings of the report. Please note that the FCRA does not specify what that timeframe is, but only states that it should be reasonable. Backgrounds Online recommends at least 5 working days and in the pre-adverse action letters provided to its clients, that is what is stated. Clients have the ability to lengthen that time if so desired.

If your applicant may possibly be disqualified from employment for any reason, it is your responsibility to let them know.