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The adverse-action process
Body text at 17px on paper. A linked phrase is always underlined. Statute citations like 15 U.S.C. § 1681b sit level with the prose.
Callouts
15 U.S.C. § 1681b(b)(2)(A)
The disclosure stands alone
The disclosure must sit in a document that consists solely of the disclosure. No waiver, no state notice, no application questions anywhere in that document. The candidate’s signed authorization may go on it.
15 U.S.C. § 1681b(b)(3)(A)
Before you act, send the report
Give the candidate a copy of the report and the Summary of Rights before you take adverse action.
5
Business days
New York City’s Fair Chance Act gives the candidate at least five business days to respond before the offer is withdrawn.
Free tool
Adverse-action timeline calculator
Enter the date you sent the pre-adverse notice. Get every date that follows, state by state.
CANYCIL
Some places add a step
California, New York City and Illinois, along with places like Los Angeles County and Philadelphia, require an individualized assessment of the conviction record before you send the preliminary notice.
§ 1681m(a)The final adverse-action notice gives the agency’s name, address and phone number (toll-free if it reports nationwide). It says the agency did not make the decision and cannot give the reasons. It tells the candidate they can get a free copy of the report within 60 days and dispute its accuracy or completeness with the agency.
Action required
Your pre-adverse packet has no Summary of Rights. Add it before you send it.
Deficiency found
The disclosure includes a liability waiver. Courts treat this as a standalone-disclosure violation.
Complete
All three notices are drafted. Review them with your counsel before use.
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| State | Lookback |
|---|---|
| California | 7 years |
| New York | 7 years |