U.S. FCRA Document Pack

1. When these documents apply

The Fair Credit Reporting Act, or FCRA, protects people when a consumer reporting agency supplies information used for employment decisions. The information does not have to be a credit score. Whether a particular résumé, integrity or assessment report is covered depends on its contents, use and the provider's actual role.

This pack supplies reusable federal wording. The hiring organization completes the [bracketed facts] and delivers the applicable documents through its reporting process. Evidize's general notice tools do not obtain a consumer report, deliver the report and required attachments, or carry out a reporting agency's dispute process for the organization. A covered reporting service is unavailable unless separately arranged with the required procedures.

The sections serve different recipients and stages; do not give this entire page as the applicant disclosure. The disclosure and written authorization may be combined in one document under federal law. Keep unrelated terms, waivers and general privacy wording out of that document.

2. What the organization and reporting agency must do

1. Before obtaining a report: the organization gives a clear written disclosure separate from the application and general terms, obtains written authorization, and certifies the required compliance to the reporting agency. The authorization may appear on the disclosure document.
2. Before an adverse decision: if a report contributes to a possible rejection or other adverse employment action, the organization gives the individual the report relied on and the prescribed Summary of Rights, with an opportunity to review and respond. The applicable response period depends on the law and circumstances.
3. After an adverse decision: the organization gives the individual the agency contact information, explanation of the agency's limited role, and dispute and free-copy rights.

This is the usual employment-report sequence. Special statutory rules, including those for certain transportation applications and qualifying employee-misconduct investigations, require separate classification. The reporting agency has its own accuracy, file-access and dispute duties. The FTC's employer guidance explains these distinctions. A notice does not make a prohibited credit or background check lawful.

3. Employer certification — employer to reporting agency

[Employer legal name], through [authorized representative], certifies to [reporting agency] that the requested report is for [permissible employment purpose]. We have provided the required disclosure and obtained the individual's written authorization. We will follow the applicable FCRA requirements, including the procedures before and after adverse action, and will not use the report in violation of applicable federal or state equal-opportunity law.

[Representative name, title, signature and date]

4. Stand-alone disclosure — applicant or employee copy

Employer completion note: deliver the following sentence clearly and conspicuously. You may include the written authorization below. Keep these instructions, the rest of this page, general terms and liability waivers out of the disclosure document.

[Employer legal name] may obtain a consumer report about you for employment purposes.

5. Written authorization — applicant or employee choice

I authorize [employer legal name] to obtain a consumer report about me for the employment purpose described in the disclosure provided to me. [Individual name, signature and date].

This sample covers the disclosed report. If authorization for reports throughout employment is needed and permitted, state that scope clearly and conspicuously; federal law does not invariably require a fresh authorization for each report.

6. Before an adverse action — applicant or employee copy

[Employer legal name] is considering [proposed adverse employment decision] based wholly or partly on a consumer report. No final decision has been made. We are providing the report considered and the current Summary of Your Rights Under the Fair Credit Reporting Act.

You may review the report and give us information before the decision. Contact [employer contact] through [response instructions and any applicable response date]. If the report is inaccurate or incomplete, you may also dispute it with [reporting agency and dispute method].

Documents supplied with this notice: [report actually considered] and the prescribed Summary of Consumer Rights. A link to this template page does not supply the individual's report.

7. Final adverse action — applicant or employee copy

On [decision date], [employer legal name] decided [decision]. This decision was based wholly or partly on information in a consumer report from [reporting agency legal name], [agency address], [agency telephone number, including a toll-free number where required].

The reporting agency did not make this employment decision and cannot explain the employer's specific reasons. You may dispute the accuracy or completeness of the report with the agency. You may obtain an additional free report from the agency by requesting it within 60 days.

Only if a numerical credit score was used in the adverse action: include the score, its possible range, the required key factors affecting it, the date it was created, and the name of the person or entity that supplied the score or its underlying credit file. These additional disclosures must be written or electronic under 15 U.S.C. section 1681m(a)(2). A résumé-fit or integrity score is not a credit score merely because it is numerical.

8. Investigative reports — additional federal notice

A federal investigative consumer report uses personal interviews to gather information about character, reputation, personal characteristics or mode of living. The employer must give the additional disclosure within three days after first requesting the report. Employment authorization is still required before procurement. State law can require earlier or additional documents.

Applicant or employee copy

[Employer] may obtain an investigative consumer report about you. It may include personal interviews concerning [applicable character, reputation, personal-characteristic or mode-of-living information]. You may request a complete description of the investigation's nature and scope by writing to [contact and method] within a reasonable period after receiving this notice. The written description must be provided within five days after your request or the report request, whichever is later. The prescribed Summary of Rights accompanies this notice.

Nature-and-scope response copy

In response to your request dated [date], the investigation requested by [employer] concerns [complete and accurate description of the nature and scope, including the relevant inquiries and interview subjects].

These duties come from 15 U.S.C. section 1681d.

9. State supplements and prescribed forms

When a covered reporting use is intended, the organization and reporting agency must also supply the relevant state documents. For example, California investigative-report rules add specific agency, scope, rights-summary and copy-choice disclosures; Minnesota requires employment-report disclosure and a copy-request checkbox. Other states can add notices, consent, copy or adverse-action requirements. Read the applicable reporting section in the state guide and provide the separate state supplement for the actual report.

The reporting agency provides the applicable Notice of User Responsibilities to the employer. The CFPB Summary of Consumer Rights is the prescribed individual rights document. Use the current forms with their required information; the short explanations on this page do not replace them.