It is the notice an employer must give you before rejecting, firing, or otherwise acting against you based on a background check. It must include a copy of the report and a summary of your FCRA rights, so you have a chance to point out errors first.
Section 1681b(b)(3) of the Fair Credit Reporting Act says that before an employer takes adverse action based in whole or in part on a consumer report, it must give you:
- A copy of the report it relied on, and
- A written description of your rights under the FCRA (the CFPB’s “Summary of Your Rights Under the Fair Credit Reporting Act”).
Employers commonly call this a pre-adverse action notice. The FTC explains that the advance notice gives you the chance to tell the employer whether the report is correct.
What counts as adverse action
The FTC describes employment decisions covered by the FCRA as including hiring, retention, promotion, and reassignment. So the notice applies to current employees as well as applicants. A decision not to hire, to fire, or to deny a promotion based even partly on the report triggers it.
How long the employer must wait
The statute does not set a specific number of days between the pre-adverse action notice and the final decision. The point is to give you a real opportunity to respond, so an employer that sends the report and rejects you at the same moment may not be giving you that opportunity.
What to do when you receive one
- Read the report line by line. Look for records that are not yours, outdated, duplicated, or missing a dismissal or other outcome.
- Contact the employer quickly, in writing, and explain any errors. Ask it to hold the decision while you dispute.
- Dispute with the screening company named on the report. Under § 1681i, it generally must reinvestigate within 30 days.
- Keep copies of the notice, the report, and every message you send.
If the employer later makes the decision final, it must send a separate adverse action notice.
If you were never given a copy of the report before being rejected or fired, or the report was wrong, a free case review can help you understand your options, with no fee unless we win.
Related
Sources
- 15 U.S.C. § 1681b (Cornell LII)
- FTC: Using Consumer Reports: What Employers Need to Know
- 15 U.S.C. § 1681i (Cornell LII)
Updated November 2026. This page is general information, not legal advice.