Adverse Action Notice

Adverse Action Notice

An Adverse Action Notice is a letter sent approximately 7 to 10 business dates after a person has had a credit based application (credit, loan, employment, insurance, etc.) denied. It typically is used where an employer has gotten a credit or background report on a potential employee and have based your decision on their employment in part of this report. This letter should only be sent a reasonable amount of time after the employee has received the report and has not objected to the report under the pre action protocol.



ADVERSE ACTION LETTER - EMPLOYEE


INSERT COMPANY LETTERHEAD OR NAME AND ADDRESS


[Enter Name and Address of Applicant]


[Insert Date]


Dear Sir/Madam [Delete as applicable]:


Re: Adverse Action Notice


We write in respect of your recent application for employment and regret to inform you we do not intend to take your application any further.


Our determination was in part made in relation to information received from [Enter Name of Credit Report Agency] (“Report Provider”) on the basis of reports provided by them, copies of which you previously received, along with a note of your rights under the Fair Credit Reporting Act (“FCRA”).


We are obliged to inform you that in accordance with the FCRA, you have the following rights:


  1. to obtain an additional copy of the report(s) within 60 days of your receipt of this letter; and

  2. to dispute the accuracy or completeness of the information contained in the report(s)


If you wish to exercise any of the rights noted above please contact the Report Provider at:


[Enter Address of Report Provider]

Tel: [Enter telephone of Report Provider - note - must be toll free]


We confirm the Report Provider had no any active part in our decision making process and can provide you with no specific reasons for our decision.


In the meantime we wish to take this opportunity to thank you for your application and wish you all the best in the future.


Sincerely,


 


[Enter Your Name and Position and sign above]




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Jonathan Macy

Jonathan Macy
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Jonathan Macy previously served as General Counsel and Chief Compliance Officer for an international insurance services company. In this capacity, he provided legal advice to various departments and members of management on all levels covering broad spectrum of legal issues. Mr. Macy participated from the planning phase through implementation and operation of various company services and projects. Mr. Macy assisted in implementation of and oversaw and managed compliance with legal and regulatory policies. Mr. Macy negotiated and drafted complex commercial agreements, vendor agreements, technology agreements, licensing agreements, confidentiality agreements, and lease agreements.
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