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Under the Fair Credit Reporting Act (FCRA), employers and end user of consumer reports have a responsibility to inform applicants of any negative decision based on their background check. FCRA compliance dictates specific timing of adverse action notices, which has been explained in a better way in this blog.<br>
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CHARACTER COMMITMENT COMPETENCE The Ideal Timing for an Adverse Action Notice According To FCRA Compliance
What do Pre-Adverse Action and Adverse Action Notice mean? To begin, we must first know the differences between the concepts of pre-adverse action notices and adverse action notices. Adverse action can be defined as any negative decision which is based on a request from the applicant like a denial of employment due to the results of a background check or information revealed in the applicant's report. With that in mind, a clearer definition of "pre-adverse" versus "adverse" is obvious. Pre-adverse action notices hence is the notification to the applicant that an adverse action is being considered. Adverse action notices further reveal that a negative decision has been in regards to the applicant. www.cfirstbackgroundchecks.com
What should be the timing of an Adverse Action Notice? After receiving the background verification report, the pre-adverse action must be sent within three consecutive business days, any public holiday can be excluded. The applicant can then have the ability to fight for any allows an applicant 5 business days to review and respond to the pre-adverse action notice. If the applicant does not agree with the pre-adverse action, an adverse action notice can be sent within five business days from the date of the issue of pre-adverse action. Failure to complying with the FCRA rules can lead to litigation and penalties on the part of the concerned person. www.cfirstbackgroundchecks.com
What Comprises a Pre-Adverse and Adverse Action Notice? As per the rule of Section 604 of the Fair Credit Reporting Act, no action can be taken until a copy of the background verification report has been provided to the applicant. The report should also contain a written summary which is known as a Pre-Adverse Action Letter, which would detail the potential adverse action apart from specifying the information that led to the decision. Every applicant will be provided with a copy of their rights under the FCRA rules along with the allowed time to dispute the findings of the report. www.cfirstbackgroundchecks.com
www.cfirstbackgroundchecks.com randy.yacobozzi@cfirstcorp.com 513-729-7715