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As a rule of thumb, the distinction between the two types of investigations can be thought of as simply verifying the specific facts about education, employment or other information the applicant has provided to the employer ("consumer report") versus obtaining more general character or personal information through
adverse action might also occur at pointofsale transactions where an account transaction is denied in real time. Notably, the ECOA does not consider an adverse action to have occurred where an action or forbearance on an account is taken in connection with inactivity, default, or delinquency as to that account.
The following are examples of adverse actions employers might take: discharging the worker; demoting the worker; reprimanding the worker; committing harassment; creating a hostile work environment; laying the worker off; failing to hire or promote a worker; blacklisting the worker; transferring the worker to another
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. a negative change in account terms in connection with an unfavorable review of a consumer's account 5 U.S.C.
Examples of types of information that may qualify as CR include: arrest, convictions, judgements, and bankruptcies; criminal histories, education, and licenses held by consumers; drug tests (if provided by an intermediary to an employer but not when a drug lab provides the result directly to the employer)
A creditor must notify the applicant of adverse action within: 30 days after receiving a complete credit application. 30 days after receiving an incomplete credit application. 30 days after taking action on an existing credit account.
Essentially, personal or professional reference verification, and employment verification that stray beyond the realm of facts and into personal character assessments and opinions are considered Investigative Consumer Reports.
A consumer report is a collection of documents that may include credit reports, criminal and other public records such as bankruptcy filings, and records of civil court procedures and judgments. Increasingly, these records also include your activity on social media, such as Twitter and Facebook.
An adverse action notice is sent to an individual when rejected based on information in a credit report or background check (consumer report). It is required when a person is denied employment, housing, credit, or insurance. Federal Laws Fair Credit Reporting Act (FCRA)
It must include information about the credit bureau used, an explanation of the specific reasons for the adverse action, a notice of the consumer's right to a free credit report and to dispute its accuracy and the consumer's credit score.