It must name the screening company with its address and phone number, state that the company did not make the decision and cannot explain it, and tell you about your rights to a free copy of your report within 60 days and to dispute inaccurate information.
After an employer takes adverse action based in whole or in part on a background check, § 1681m(a) of the Fair Credit Reporting Act requires it to notify you. This comes after the pre-adverse action notice, once the decision is final.
Required contents
According to the statute and the FTC’s guidance for employers, the notice must include:
- The screening company’s name, address, and telephone number. For a nationwide company, a toll-free number is required.
- A statement that the screening company did not make the decision and cannot give you the specific reasons for it.
- Your right to a free copy of your report from that company if you ask within 60 days.
- Your right to dispute the accuracy or completeness of anything in the report with the screening company.
If a credit score was used in the decision, the notice must also disclose the score and related information.
The statute allows the notice to be given orally, in writing, or electronically, but a written notice gives you a record.
Two separate notices
The FCRA builds in two steps. Before the decision, the employer must give you a copy of the report and a summary of your rights (§ 1681b(b)(3)). After the decision, it must send the adverse action notice described above. Skipping the first step and sending only a rejection letter deprives you of the chance to correct errors before the decision.
Using the notice
The notice tells you which company produced the report. Use that information to:
- Request your free file from the screening company (§ 1681j(b)).
- Dispute any errors directly with that company under § 1681i.
- Save the notice with the date you received it.
If you were rejected or fired without the required notices, or the report behind the decision was wrong, a free case review can help you understand your options, with no fee unless we win.
Related
Sources
- 15 U.S.C. § 1681m (Cornell LII)
- 15 U.S.C. § 1681j (Cornell LII)
- FTC: Using Consumer Reports: What Employers Need to Know
Updated November 2026. This page is general information, not legal advice.