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Notice of Adverse Action
John Doe Dear Applicant, Enclosed is a consumer report that we requested in connection with your application for employment with our company. In accordance with the Federal Fair Credit Reporting Act, also enclosed is a copy of your rights under the Act. Based on our hiring criteria and the contents of this consumer report, we have made a decision not to consider you for employment at this time. This decision was made in part from information we received from Argus Search. Please be advised that Argus Search does not make these decisions and is unable to provide you with the specific reasons for them. You have the right to dispute the accuracy and completeness of information contained in the report(s) by contacting Argus Search, or if the report is a credit report, contacting the credit bureau that furnished the report. Sincerely, Human Resources Department Enclosures: Copy of
Consumer Report FCRA
Notice of Rights FCRA Contact Sheet Reporting
Agency Contact Information: Argus Search Inc. |
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SUMMARY OF RIGHTS UNDER FCRA The federal Fair Credit Reporting Act (FCRA) is designed to promote accuracy, fairness, and privacy of information in the files of every "consumer reporting agency" (CRA). Most CRA's are credit bureaus that gather and sell information about you - such as if you pay your bills on time or have filed bankruptcy- to creditors, employers, landlords, and other businesses. You can find the complete text of the FCRA, 15 U.S.C. 1681-1681u, at the Federal Trade Commission's web site (http://www.ftc.gov). The FCRA gives you specific rights, as outlined below. You may have additional rights under the state law. You may contact a state or local consumer protection agency or a state attorney general to learn those rights. 1. You must be told if information in your file has been used against you. Anyone who uses information from a CRA to take action against you--such as denying an application for credit, insurance, or employment--must tell you, and give you the name, address, and phone number of the CRA that provided the consumer report. 2. You can find out what is in your file. At your request, a CRA must give you the information in your file, and a list of everyone who has requested it recently. There is no charge for the report if a person has taken action against you because of information supplied by the CRA, if you request the report within 60 days of receiving notice of the action. You are also entitled to one free report every twelve months upon request if you certify that (1) you are unemployed and plan to seek employment within 60 days, (2) you are on welfare, or (3) your report is inaccurate due to fraud. Otherwise, a CRA may charge you up to eight dollars. 3. You can dispute inaccurate information with the CRA. If you tell a CRA that your file contains inaccurate information, the CRA must investigate the items (usually within 30 days) by presenting to its information source all relevant evidence you submit, unless your dispute is frivolous. The source must review your evidence and report its findings to the CRA. (The source also must advise national CRAs--to which it has provided the data--of any error.) The CRA must give you a written report of the investigation and a copy of your report if the investigation results in any change. If the CRA's investigation does not resolve the dispute, you may add a brief statement to your file. The CRA must normally include a summary of your statement in future reports. If an item is deleted or a dispute statement is filed, you may ask that anyone who has recently received your report be notified of the change. 4. Inaccurate information must be corrected or deleted. A CRA must remove or correct inaccurate or unverified information from its files, usually within 30 days after you dispute it. However, the CRA is not required to remove accurate data from your file unless it is outdated (as described below) or cannot be verified. If your dispute results in any change to your report, the CRA cannot reinsert into your file a disputed item unless the information source verifies its accuracy and completeness. In addition, the CRA must give you a written notice telling you it has reinserted the item. The notice must include the name, address and phone number of the information source. 5. You can dispute inaccurate items with the source of the information. If you tell anyone-- such as a creditor who reports to the CRA--that you dispute an item, they may not then report the information to a CRA without including a notice of your dispute. In addition, once you have notified the source of the error in writing, it may not continue to report the information if it is, in fact, an error. 6. Outdated information may not be reported. In most cases, a CRA may not report negative information that is more than seven years old, ten years for bankruptcies. 7. Access to your file is limited. A CRA may provide information about you only to people with a need recognized by the FCRA--usually to consider an application with a creditor, insurer, employer, landlord, or other business. 8. Your consent is required for reports that are provided to employers, or reports that contain medical information. A CRA may not give out information about you to your employer, or prospective employer, without your written consent. A CRA may not report medical information about you to creditors, insurers, or employers without your permission. 9. You may choose to exclude your name from CRA lists for unsolicited credit andinsurance offers. Creditors and insurers may use file information as the basis for sending you unsolicited offers of credit or insurance. Such offers must include a toll-free phone number for you to call if you want your name and address removed from future lists. If you call, you must be kept off the lists for two years. If you request, complete, and return the CRA form provided for this purpose, you must be taken off the lists indefinitely. 10. You may seek damages from violators. If a CRA, a user or (in some cases) a provider of CRA data, violates the FCRA, you may sue them in state or federal court. The FCRA gives several different federal agencies authority to enforce the FCRA:
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FCRA Contact Sheet For credit reports, contact the bureau that supplied the report: Experian
(formerly TRW) Choicepoint
(formerly Equifax) TransUnion CRAs, creditors and others not listed below Federal Trade Commission Consumer
Response Center- FCRA National banks, federal
branches/agencies of foreign banks (word Office
of the Comptroller of the Currency Federal Reserve System
member banks (except national banks, and Federal
Reserve Board Savings associations and federally chartered savings banks (word "Federal" or initials "F.S.B." appear in federal institution's name) Office
of Thrift Supervision Federal credit unions (words "Federal Credit Union" appear in institution's name) National
Credit Union Administration State-chartered banks that are not members of the Federal Reserve System Federal
Deposit Insurance Corporation Air, surface, or rail common carriers regulated by former Civil Aeronautics Board or Interstate Commerce Commission Department
of Transportation Activities subject to the Packers and Stockyards Act, 1921 Department of Agriculture Office
of Deputy Administrator-GIPSA |