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Adverse Action Letter Generator (Pre-Adverse and Final)

Fill in the applicant, your company and the screening firm once, and get both FCRA letters: the pre-adverse notice that goes out with the report and the Summary of Rights, and the final adverse action notice with every element the statute lists. A checklist beside each letter shows what is present and what is missing. Copy the text or print it on your letterhead.

Coloured pencil drawing of two sealed envelopes on a desk with a blue pen
Two letters, sent days apart, for one decision.

What it computes

One set of details fills two letters. The first is the pre-adverse letter: it goes out before you decide, with a copy of the background report and the CFPB's “A Summary of Your Rights Under the Fair Credit Reporting Act.” The second is the final adverse action notice, sent after you decide. The checklist beside each letter marks every element the FCRA requires as Present or Missing, and the badge counts them.

The rule

“before taking any adverse action based in whole or in part on the report, the person intending to take such adverse action shall provide to the consumer to whom the report relates— (i) a copy of the report; and (ii) a description in writing of the rights of the consumer under this subchapter”

15 U.S.C. § 1681b(b)(3)(A)

The final notice must name the screening firm with its address and phone number (its toll-free number if it keeps files nationwide), say the firm did not make the decision and cannot explain it, and tell the person they can get a free copy of the report within 60 days and dispute anything inaccurate or incomplete. If you used a numerical credit score, the notice must also disclose it. The notice may be oral, written or electronic; a letter gives you a record. Our guide to the pre-adverse and adverse action notices walks through both in more depth.

Two letters, not one

FTC staff: the two notices “may not be included in the same document,” because one must come before the adverse action and the other after it.

FTC staff report, 40 Years of Experience with the FCRA (July 2011)

The wait between them

The FCRA sets no number of days. FTC staff say a reasonable period must pass, and a 1997 staff letter called five business days reasonable, which is why many employers wait at least that long. The tool counts the business days between your two dates (Monday to Friday, neither date counted, federal holidays on OPM's 2026 to 2028 schedules not counted), the same way the timeline calculator counts. To plan the dates, use the adverse action timeline calculator.

15 U.S.C. § 1681b(b)(3)(A); FTC staff letter to Weisberg, June 27, 1997

Attach the current Summary of Rights, the March 2023 version required since March 20, 2024 (the CFPB's PDF still carries a 2018 file name). Our Summary of Rights guide covers when it goes out and which edition counts.

The rule

The tool applies the federal rule as written in 15 U.S.C. § 1681b(b)(3) and § 1681m(a), plus the California and NYC steps below. It is not legal advice, and state or local law may add steps.

Worked example

The pre-filled form is a warehouse applicant whose report came back on Monday, October 5, 2026. The employer sends the pre-adverse letter on Wednesday, October 7, and dates the final notice Friday, October 16. Monday, October 12 is Columbus Day, a federal holiday, so it is not counted.

StepExampleRule
Report received2026-10-05Dated in both letters
Pre-adverse letter sent2026-10-071681b(b)(3)(A)
Business days between the notices5 (Oct 8, 9, 13, 14, 15)Practice: 5
Final notice dated2026-10-161681m(a)
Pre-adverse elements3 of 31681b(b)(3)(A)(i)–(ii)
Final notice elements7 of 71681m(a)(1), (3), (4)
Credit score disclosure not used in the example; it adds one element when a numerical score was used.

Clear the screening firm's phone and the final notice drops to 6 of 7. Move the final date to October 7 and the pre-adverse letter drops to 2 of 3: the notice must come before the decision, not the same day.

State notes

  • Federal
  • CA
  • NYC

California. When the decision rests on conviction history, the preliminary notice must name the disqualifying convictions, include the report relied on, explain the right to respond with evidence of inaccuracy or of rehabilitation, and give at least five business days from receipt to respond (five more if the applicant disputes the record in writing and is getting evidence). The final notice must state the decision, any way to challenge it, and the right to file a complaint with the Civil Rights Department. See the California Fair Chance Act guide.

New York City. Before withdrawing an offer over criminal history, the employer sends a copy of the inquiry and its Fair Chance Analysis (the Commission's Fair Chance Notice) and holds the position open for at least five business days from receipt. See the NYC Fair Chance Act guide and how an individualized assessment works.

Other states and cities have their own fair chance rules; check the ban-the-box laws by state before you rely on the federal letters alone. Getting the paperwork right starts earlier, with a stand-alone disclosure and authorization.