Volume 4, Edition 3, March 2008
     
 

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(d). Under the FCRA, the end-user is responsible for complying with the adverse action requirments if it will be taking adverse action against a consumer based in whole or in part on the consumer report. If a CRA contracts with an end-user to provide this service, the CRA should follow the process required under the FCRA. When an applicant for employment (or an employee being screened during employment) will be subject to adverse action, the FCRA requires that the applicant or employee be notified that the company may take adverse employment action and given a copy of their consumer report along with a copy of the FTC's Summary of Rights. 15 U.S.C. 1681 b(b)(3). This notification must inform the employee or applicant of his or her right to dispute the information in the report. The FCRA then requires that the employer wait a "reasonable" amount of time and then inform the employee or applicant that the adverse action decision has been made. The FTC has opined that a resonable amount of time is five days.

 

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