ADJUDICATION SERVICES

• Adjudication Options
• Pre-Adverse and Adverse Notification
• Disputes and Re-Investigations

Pre-adverse and Adverse Notification

When adjudication of a report results in adverse action (denying of employment), a specific process must be followed to comply with FCRA requirements. This process includes a pre-adverse notification to allow the applicant an opportunity to review the report and contest any specific items within the report, and an adverse action notification to inform the applicant they will not be employed based on information in the report.

Pre-adverse Notification

In compliance with the Fair Credit Reporting Act, employers are required to notify an applicant if information obtained from a consumer reporting agency will be used in the decision to deny employment. Any pre-adverse notification should be provided in writing.

A pre-adverse letter must contain:

• The name, address and the phone number of the consumer reporting agency.
• A copy of the report
• A copy of the FCRA Applicant Summary of Rights

At least 5 business days should be allowed before taking adverse employment action, allowing the applicant a reasonable period of time to respond to a pre-adverse letter.

A pre-adverse notification allows an applicant time to contact A-Check to dispute any items listed on the report which they feel are in error. A-Check strives for a 3-day reinvestigation, as opposed to the federally-allowed 45 days.

Adverse Notification

If an applicant has been sent a pre-adverse letter, and has not contacted A-Check America to dispute their report within 5 business days, an adverse letter may be sent.

The adverse letter notifies the applicant they have been denied employment based on information contained in the report. In case of a disputed report, an adverse letter is sent out when the re-investigation affirms the original report.