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The Adverse Action Letter

The second notice must be sent after the employer decides to take adverse action (not hire the applicant). In the Adverse Action letter the employer must notify the consumer that adverse action has been taken based on a consumer report, and include in that disclosure the following:

Adverse Action Letter – Sample

The name, address, and phone number of the consumer reporting agency that furnished the report.

A statement that the consumer reporting agency did not decide to take the adverse action and is unable to provide the consumer with specific reasons for the action.

A notice of a consumer’s rights to obtain a free copy of his or her report from the consumer reporting agency within 60 days.

The individual has the right to dispute the accuracy or completeness of any information in the report.” FCRA §615.

The Pre-Adverse Action Letter

This is called a Pre-Adverse Action letter, since it must be sent before the adverse action is taken. In other words, if an employer feels that the information contained in a background check and/or a driving record report may impact the hiring decision, then at that time the employer must send the Pre-Adverse Action letter. The purpose of this process is to give the applicant an opportunity to dispute the accuracy of what was reported. Section 604 of the FCRA requires that before taking any adverse action employers provide to the applicant with:

The purpose of these documents is to give an applicant the opportunity to see the report that contains the information that is being used against them. If the report is inaccurate or incomplete, the applicant then has the opportunity to contact the CRA to dispute or explain what is in the report. Otherwise, applicants may be denied employment without ever knowing they were the victims of inaccurate or incomplete data.

The FCRA is silent on how long employer must wait, but the best practice is to give applicant a meaningful opportunity to review, reflect and object. A minimum is five (5) business days suggested.

Why Should You Care?

Not caring can be expensive. The FCRA requires an employer (when obtaining background reports from a third party) do very specific things during the employment process. Employers are frequently sued in federal court for alleged failure to meet these FCRA requirements. In June of 2016 alone, 409 FCRA lawsuits were filed.

Litigation is costly to employers in terms of time, legal fees, financial settlements, brand damage, and distraction from business goals. Examples of financial settlements include:

Dish Network – $1.75M
Lowe’s – $22.5M
BMW Manufacturing – $1.6M
Uber – $7.5M
Chuck E Cheese – $1.75M
Wells Fargo – $12M
Whole Foods – $803K
Home Depot – $1.8M
Food Lion – $3M.

What is the FCRA?

“FCRA” is the abbreviation for the “Fair Credit Reporting Act.” It is a U.S. Federal law. In 1996, the scope of the FCRA was expanded to include other reports about consumers, including background reports prepared for employment screening purposes. And, the FCRA has been further amended since 1996.

The FCRA is designed to protect consumers by regulating employers as users of background reports and background screening companies as providers of background reports. It applies anytime an employer obtains a background report for employment purposes from a third party. Importantly, it applies to background reports whether or not the report includes credit information.

To understand the FCRA, one needs to know some of the most important terms:

Consumer Report – The background report, which is often called a “background check.” A Consumer Report contains only factual information such as dates of employment, criminal records, and driving history.
Investigative Consumer Report – Also a background report, but unlike a Consumer Report, includes information obtained through personal interviews. Discussing employment performance, for example, is a personal interview. A personal or professional reference check is another example of a personal interview.
Consumer Reporting Agency (CRA) – The background screening company preparing the background report; often referred to as a “CRA.”
Consumer – The person who is the subject of the background report. In the employment context, this could be an applicant for employment, a current employee, a contractor, temporary worker, or even an unpaid volunteer.
User – The person requesting and using the background report. The user is the typically the employer or prospective employer. The user could also be an organization, such as a non-profit or a school district.
Disclosure – The document used to inform the consumer s/he may be the subject of a background report.
Authorization – The document signed by the consumer in which s/he authorizes preparation of the background report.
Adverse Action – The process that must be followed when an employer is considering a negative employment decision based, in whole or part, on the background report.

Quick App – Electronic Release Forms and Signatures

Our user-friendly QuickApp allows you to enter the applicant’s name, email address and Click Send…. That’s It!

Comply with the FCRA. Streamline the application process by providing a quick and easy way for your applicants to view and sign the FCRA required release forms. With a simple click, a customized email invitation is sent to the applicant explaining the whole driving record screening process.

The applicant then clicks a link that enables him/her to electronically sign a 50 state compliant disclosure and Authorization Form consenting to the screening. A summary of the applicant’s rights under the FCRA is provided to the applicant and best of all, the applicant enters all of their own information relevant to the screening report you are requesting on that candidate. The Release form is then uploaded automatically to your web portal for processing.

This format is much simpler and more accurate than the paper format. Having the applicant fill in their own personal information eliminates errors and security concerns.

QuickApp Instructions:

Enter a potential employee’s name and e-mail address
The candidate will receive an email requesting their information and to get their consent for the Driving Record and/or PSP Report
The candidate is provided with the required FCRA and state compliance documents including their summary of rights.
Once they electronically sign the consent, You will get a e-mail notification to process the driving record.
The signed release forms are automatically uploaded to that person order

FMCSA -Pre-Employment Screening Program (PSP)

Get more information then what is on a Driving Record for you prospective CDL driver. The program helps carriers make more informed hiring decisions by providing secure, electronic access to a commercial driver’s 5-year crash and 3-year inspection history from the FMCSA Motor Carrier Management Information System (MCMIS).

FMCSA – PSP Report
5 Years of Date – Number & Date of Crashes
Number of Injuries – Number of Fatalities
Carrier Name – Driver Inspections
Driver Out-of-Service Inspections and Service Rate Hazmat Inspections
Hazmat Out-of-Service Inspections and Service Rate Vehicle
Out-of-Service Inspections and Service Rate Inspection Details
Violation Summary

Driving Record Services

TR Information Services and DrivingRecord.net is the premier source for instant access to driving records and (MVR) motor vehicle record information. We offer the fastest turnaround times of driving records and our web based service is the easiest system to use by far.

The two primary purposes for ordering driving records are pre-employment screening and insurance underwriting. Driving records give these two industries an insight into the driving habits of the individuals that may driver for your company, and enable them to make informed and accurate decisions.

Checking the driving record of current and prospective employees is crucial to the success of your businesses. Your first step in Fleet management driving safety is checking the driving records of your all your drivers. Fleet management safety programs lead to increased productivity, reduced downtime, better planning and improved use of equipment, better employee morale, reduced insurance costs and improved customer satisfaction. All this with DrivingRecord.net.

Business Account Signup

Driving Records and PSP Reports made easy

REPORTING

Order Driving Records from All 50 States and PSP reports
Information direct from the DMV and the FMCSA

Compliance

Stay compliant with the FCRA, DPPA and the DOT with our electronic release forms
You can also upload your own release form and send required disclosures and adverse action letters right from your account

Security

Every transaction and communication is automatically encrypted and performed in a secure environment that safeguards against any potential threat