Use adverse action letters to inform people that they have been denied credit, employment, insurance, or other benefits based upon information in a credit report.
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What is an adverse action letter?
An adverse action letter is a formal notification sent by a lender, employer, or company to inform an individual that their application for credit, employment, or services has been denied or negatively impacted based on information from a consumer report, such as a credit check or background screening.
When is an adverse action letter required?
An adverse action letter is required by law under the Fair Credit Reporting Act (FCRA) when a decision is made based on information from a credit report. This applies to situations like loan denials, declined job applications, insurance rejections, or reduced credit terms. The letter informs the recipient of the decision and their rights regarding the report.
What information should be included in an adverse action letter?
The letter should include the reason for the adverse action along with other important identifying details. You should check with your legal counsel for a full explanation of what should be included in the letter. Most letters include some or all of the following:
Can an adverse action letter be sent via direct mail?
Yes, adverse action letters can be sent via direct mail, which is often the preferred method due to the formality and compliance with legal requirements. Direct mail provides a physical record for both the sender and the recipient. Alternatively, some companies also send the letter via email, provided it complies with the FCRA and ensures the recipient can access it securely.
What are the consequences of not sending an adverse action letter?
Failing to send an adverse action letter when required can result in legal consequences, including fines and penalties, as it is a violation of the Fair Credit Reporting Act (FCRA). Companies that neglect to provide this notice may face lawsuits and damage to their reputation, so it’s important to comply with the law and issue the letter promptly.
