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Adverse Action Letter Generator

Generate the two-step FCRA adverse action notices: the pre-adverse letter that goes out with the report and the CFPB Summary of Rights, and the final notice with the CRA's details, dated off a business-day waiting period.

  • Pre-adverse action letter
  • Final adverse action letter
  • Waiting-period dates
  • Word, text, print

Not legal advice · Last reviewed Oct 2026

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Why you'd use this

If something in a background report might lead you not to hire, rescind an offer, or end an engagement, the FCRA requires a two-step process. First, a pre-adverse action notice with a copy of the report and the CFPB's Summary of Your Rights Under the FCRA. Then, after giving the person a reasonable chance to respond, a final adverse action notice.

The FCRA does not specify the waiting period; five business days is a widely used practice, and laws such as California's and New York City's Fair Chance Acts set at least five business days. This generator dates both letters off a business-day calendar that skips weekends and federal holidays.

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Using it

  1. 1

    Enter the details

    Your company, the candidate, the role, the background check company, and the date you send the first notice.

  2. 2

    Pick the window

    Choose the response window and where the role is. California adds a five-business-day extension when the candidate disputes accuracy.

  3. 3

    Download both letters

    The pre-adverse letter and the final letter, with the earliest date the final notice may go out.

What the final notice must say

  • The name, address, and phone number of the consumer reporting agency (toll-free if it is a nationwide agency).
  • That the agency did not make the decision and cannot explain why it was made.
  • The person's right to a free copy of the report from the agency within 60 days.
  • The person's right to dispute the accuracy or completeness of the report with the agency.

Do not skip the assessment

Between the two notices, actually review what the person sends you. Fair-chance laws in California, New York City, and elsewhere require a written individualized assessment; the EEOC recommends one everywhere. Use the individualized assessment worksheet to document it.

Primary sources

Read the rules at the source. Laws and agency guidance change; last reviewed Oct 2026.

Questions people ask about this

How long do I have to wait between pre-adverse and adverse action?

The FCRA requires a reasonable period, without naming a number. Five business days is common practice. California and New York City require at least five business days, and California adds five more if the candidate disputes accuracy and is gathering evidence.

Do I have to send the Summary of Rights?

Yes. The pre-adverse action notice must include a copy of the report and the CFPB's Summary of Your Rights Under the FCRA.

What if the candidate disputes the report?

Consider waiting for the background check company's reinvestigation, which generally must finish within 30 days. A decision based on information later corrected is hard to defend.

Does PreHireBadge send these notices for me?

Inside the product, PreHireBadge drafts both adverse-action letters, tracks the business-day waiting period, and records the assessment. This free generator is for anyone running their own process.

General information only, not legal advice. Using this tool does not make a process compliant on its own, and federal, state, and city rules differ and change. An employment lawyer can apply them to your facts.

Pairs well with

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Individualized Assessment Worksheet

A fair-chance worksheet built on the EEOC Green factors, with California and NYC variants.

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FCRA Disclosure & Authorization Form Generator

A standalone FCRA disclosure and a separate authorization, ready to download.

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Planner

Pre-Adverse Action Response Planner

Got a pre-adverse action notice? Get a day-by-day plan, your deadline, and what to say.

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Or let PreHireBadge handle the paperwork

Every PreHireBadge order is an invite: the candidate gets the stand-alone disclosure, state notices, and e-sign authorization on their phone, and adverse action runs inside the product. $5 per report, no subscription.

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