Colorado Notice to Consumer of Report of Public Record Information Likely to Have Adverse Effect

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US-01414BG
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Description

The Fair Credit Reporting Act also provides that a consumer reporting agency that furnishes a consumer report for employment purposes and which, for that purpose, compiles and reports items of information on consumers that are matters of public record and are likely to have an adverse effect on a consumer's ability to obtain employment must: (1) at the time the public record information is reported to the user of the consumer report, notify the consumer of the fact that public record information is being reported by the consumer reporting agency, together with the name and address of the person to whom the information is being reported; or (2) maintain strict procedures designed to insure that whenever public record information likely to have an adverse effect on a consumer's ability to obtain employment is reported, it is complete and up to date.

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FAQ

A statement of action taken by the creditor. Either a statement of the specific reasons for the action taken or a disclosure of the applicant's right to a statement of specific reasons and the name, address, and telephone number of the person or office from which this information can be obtained.

Removals, demotions, and suspensions of Federal employees are ?adverse actions.?1 A removal action terminates the employment of an individual.

The most common type of adverse action is a denial of credit. Adverse action is defined in the Equal Credit Opportunity Act and the FCRA to include: a denial or revocation of credit. a refusal to grant credit in the amount or terms requested.

If you're rejected because of the background check, you'll receive an adverse action notice that is slightly different from the one that you'd receive if you were denied credit.

If a user takes any type of adverse action as defined by the FCRA that is based at least in part on information contained in a consumer report, Section 615(a) requires the user to notify the consumer. The notification may be done in writing, orally, or by electronic means.

Colorado law requires covered entities that experience a data breach to notify affected Coloradans and provide notice to the Office of the Attorney General if the breach affects 500 or more Coloradans.

Dear [Applicant Name], We regret to inform you that based on our hiring criteria, we are unable to consider you further for an employment opportunity with our organization. This decision was made in part from the information we received from _____________________, our employment screening vendor.

Finally, your pre-adverse action notice should contain ?A Summary of Your Rights Under the Fair Credit Reporting Act.? This document advises you of the rights you have under the FCRA, including the right to: Know if information about you in a consumer report has been used in an adverse manner against you.

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Colorado Notice to Consumer of Report of Public Record Information Likely to Have Adverse Effect