Pre-Adverse Action Letter: FCRA Sample and Requirements
A pre-adverse action letter warns an applicant that a background check may lead to a negative decision.
The FCRA requires it before any final decision. Therefore, review the sample and the rules below.
Sample only: This letter is a starting point, not legal advice. Therefore, ask your legal counsel to review it before use.
What Is a Pre-Adverse Action Letter?
A pre-adverse action letter tells an applicant that you may take adverse action.
Specifically, the possible action rests on a background check report.
The Fair Credit Reporting Act (FCRA) requires this notice first (15 U.S.C. § 1681b).
Moreover, you must include a copy of the report and a summary of rights.
Consequently, the applicant can spot errors before you decide.
However, the letter is not the final decision.
What a Pre-Adverse Action Letter Must Include
The FCRA requires two enclosures (FTC guide for employers). However, a few additions make the letter clearer.
Required by the FCRA
- A copy of the consumer report you relied on.
- A copy of A Summary of Your Rights Under the Fair Credit Reporting Act.
- Also, delivery before you take the adverse action.
Helpful additions
- A statement that you have not made a final decision.
- How and by when the applicant can respond.
- Also, the screening agency’s name and contact details.
- Finally, an invitation to send information for you to consider.
Sample Pre-Adverse Action Letter
Read the full sample below. In addition, each blank line shows where the employer adds its details.
Pre-Adverse Action Notice
Sample letter
Date:
Applicant name:
Applicant address:
Dear :
Thank you for your interest in employment with (“the Company”).
The Company requested a consumer report about you in connection with your application. A copy of that report is enclosed. A Summary of Your Rights Under the Fair Credit Reporting Act is also enclosed.
Based in whole or in part on this report, the Company may decide not to move forward with your application. The Company has not made a final decision.
Please review the report. If any information is inaccurate or incomplete, contact the Company within business days of the date of this letter. You may also send any information that you would like the Company to consider.
You have the right to dispute the accuracy or completeness of the report directly with the consumer reporting agency named below. If the report is a credit report, you may also contact the credit bureau that furnished it.
The consumer reporting agency that prepared the report is:
BCS Background Screening LLC, 1172 South Dixie Hwy #257, Coral Gables, FL 33146. Telephone (800) 661-0278. https://usabackground.com
The consumer reporting agency did not make any decision about your application and cannot explain the Company’s reasons.
Sincerely,
Human Resources Department
Company name:
Company address:
Enclosures: Copy of your consumer report. A Summary of Your Rights Under the Fair Credit Reporting Act.
– End of Document –
Sample letter by BCS Background Screening LLC. Updated October 2026.
Enclosures for the Pre-Adverse Action Letter
The CFPB updated the Summary of Rights, and employers must use the new form. Therefore, always download the current copy.
| Enclosure | When to include it | Where to get it |
|---|---|---|
| Copy of the consumer report | Always. The FCRA requires it. | Download it from your secure account. |
| Summary of Your Rights | Always. The FCRA requires it. | Use the current CFPB form. |
| Summary of Rights in Spanish | When the applicant prefers Spanish. | Also use the CFPB Spanish form. |
| State or city notice | When a fair chance law applies. | Check our state and city rules. |
| Article 23-A copy | For New York reports that show a conviction. | See N.Y. Gen. Bus. Law § 380-g. |
When to Send a Pre-Adverse Action Letter
- 1
Review the Report
First, confirm that the report belongs to your applicant.
Also, apply the same hiring criteria to everyone.
- 2
Send the Letter and Enclosures
Next, send the letter with the report and the Summary of Rights.
Additionally, keep proof of the date you sent it.
- 3
Wait for a Response
Then, wait a reasonable time, commonly five business days.
However, local law may require more.
- 4
Decide and Follow Up
Finally, review any response before you decide.
If you still decline, send the adverse action letter.
From your secure account, you can generate a pre-populated pre-adverse action letter with one click.
Then, print and mail it to your applicant for $5.00 per letter.
State and City Rules for the Pre-Adverse Action Letter
Fair chance laws add steps when a criminal record drives the decision.
For example, California requires a preliminary notice and at least five business days.
Likewise, New York City requires its Fair Chance Notice and a written analysis.
Meanwhile, Philadelphia allows 10 business days to respond.
Therefore, check our state and city adverse action rules before you send.
Pre-Adverse Action Letter: FAQs
What is a pre-adverse action letter?
It is the notice an employer sends before a negative decision based on a background check.
Moreover, it includes a copy of the report and a summary of rights.
What must a pre-adverse action letter include?
It must include a copy of the report and the Summary of Rights.
Additionally, good practice adds a response deadline and the agency’s contact details.
How long should I wait after a pre-adverse action letter?
The FCRA sets no exact period.
However, five business days is common practice, and some states and cities require more.
Is a pre-adverse action letter a final decision?
No. It only warns that a decision may follow.
Therefore, the applicant still has time to respond.
Do I still need a pre-adverse action letter if the applicant received a 613a letter?
Yes. A 613a letter comes from the screening agency.
Therefore, it never replaces the pre-adverse action letter.
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Disclaimer: This sample letter offers general information, not legal advice. BCS Background Screening LLC does not assume responsibility for its compliant content. FCRA, state and local rules change, so consult legal counsel before you use it.