Guide · For employers
“A Summary of Your Rights Under the FCRA”: what to send
The Summary of Your Rights is the federal form that goes with every pre-adverse action notice. This guide covers what it is, which version to use, when you send it, and the state notices that can go with it.
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Primary sources
Part of step 2
What it is
A short form, four pages in the CFPB’s file, that explains a person’s rights under the Fair Credit Reporting Act. Among them: they must be told if information in their file was used against them; they have the right to know what is in their file and to dispute incomplete or inaccurate information; access to their file is limited; their consent is needed before a report goes to an employer; and they may seek damages from violators. The Consumer Financial Protection Bureau prescribes its content (12 CFR pt. 1022, app. K).
When it is sent
Three moments in the process.
- By the screening company to you, with the report or before it (
15 U.S.C. § 1681b(b)(1)(B)). - By you to the person, with the pre-adverse action notice, together with a copy of the report, before you take adverse action (
15 U.S.C. § 1681b(b)(3)(A)(ii)). This is the one employers miss. - With the disclosure of an investigative consumer report, if you order one (
15 U.S.C. § 1681d(a)(1)(B)).
The final adverse action notice does not require the form. It tells the person of their right to a free copy of the report and to dispute it (step 4).
Which version to use
Use the CFPB’s current file, the March 2023 version: the English PDF or the Spanish PDF. The file names still say 2018-09, but the files are the March 2023 form. The CFPB also lists it with its other FCRA model forms.
The older copy linked from the FTC’s employer page has out-of-date agency contacts. If your screening company sends you a copy, check that it is the 2023 version.
State notices that can go with it
Separate from the federal form.
- New York: when a report shows a criminal conviction, give the person a copy of Correction Law Article 23-A (N.Y. Gen. Bus. Law § 380-g(d)).
- Washington: before adverse action, give the reporting agency’s name, address and phone number and a description of the person’s rights (RCW 19.182.020).
- Vermont: consumer reporting agencies add a Vermont rights notice to their federal disclosures (9 V.S.A. § 2480b).
Some cities require their own notice or form with the pre-adverse action notice. The letter generator lists every enclosure for the job’s place, with links to the official forms.
Questions employers ask
Can I link to the form instead of attaching it?
The statute says you provide “a description in writing of the rights of the consumer” with the report (§ 1681b(b)(3)(A)(ii)). Sending the form itself, on paper or as a file, matches that wording.
Is there a Spanish version?
Yes. The CFPB publishes the summary in Spanish, also the March 2023 form.
Does the screening company send it to the applicant for me?
If your screening company sends notices for you, the duty is still yours: § 1681b(b)(3) puts it on the person who intends to take the adverse action. Confirm what is sent, and when.
Sources
- 12 CFR pt. 1022, app. K, the prescribed summary
- CFPB, A Summary of Your Rights Under the FCRA
- 15 U.S.C. § 1681b(b)
- 15 U.S.C. § 1681d(a)
State and local enclosures: each state page and the letter generator.
Last reviewed · General information, not legal advice.