Common use of Adverse Action Procedures Clause in Contracts

Adverse Action Procedures. 8.1. Client understands there are legal requirements and responsibilities when taking adverse action based in whole or in part on consumer and/or investigative consumer report(s). 8.2. Client understands and agrees to comply with adverse action procedures required by the FCRA which include: 8.2.1. Providing a pre-adverse action notice to Consumers [See Attachment C for a sample preliminary notice], along with a copy of the consumer report, “A Summary of Your Rights Under the Fair Credit Reporting Act” [See Attachment D for a copy of the consumer’s rights under the FCRA], and the Credit Reporting Agency (“CRA”) contact information; then 8.2.2. Allowing the consumer a designated period of time to contact the CRA if the consumer wishes to dispute any information in the consumer report. (AAIM recommends at least 5 business days to let the consumer respond to the “negative” report(s)) 8.2.3. After the designated period of time has lapsed, Client can then make the decision to take an adverse employment action against the Consumer. At this point, Client must provide the following information to the consumer: 8.2.3.1. An Adverse Action Notice, whether it be employment denial or withdrawal of offer [See Attachments E and F for sample adverse action notices], 8.2.3.2. The CRA contact information, including name, address, telephone number and a toll-free telephone number, 8.2.3.3. A statement the consumer that they may obtain a free copy of the report, 8.2.3.4. A statement to the consumer that they may dispute the accuracy or completeness of the information with the CRA and 8.2.3.5. A statement that the CRA did not make the decision to take adverse action and is unable to provide the consumer the specific reasons why the action was taken. 8.3. AAIM advises Client that it has specific legal obligations and responsibilities regarding taking adverse action against a Consumer based on a consumer report and that Client should consult their legal counsel regarding specific legal responsibilities. 8.4. Upon written or verbal request made by the Consumer to AAIM or to Client, within a reasonable period of time, Client shall make a complete and accurate disclosure of the nature and scope of the investigation performed. This disclosure shall be made in writing, mailed, electronically mailed, or otherwise delivered, to the Consumer not later than five days after the date on which the request for such disclosure was received from the Consumer.

Adverse Action Procedures. 8.1. Client understands there are legal requirements and responsibilities when taking adverse action based in whole or in part on consumer and/or investigative consumer report(s). 8.2. Client understands and agrees to comply with adverse action procedures required by the FCRA which include: 8.2.1. Providing a pre-adverse action notice to Consumers [See Attachment C E for a sample preliminary notice], along with a copy of the consumer report, “A Summary of Your Rights Under the Fair Credit Reporting Act,” [See Attachment D for a copy of the consumer’s rights under the FCRA], and the Credit Reporting Agency (“CRA”) contact information; then 8.2.2. Allowing the consumer a designated period of time to contact the CRA if the consumer wishes to dispute any information in the consumer report. (AAIM recommends at least 5 business days to let the consumer respond to the “negative” report(s)) 8.2.3. After the designated period of time has lapsed, Client can then make the decision to take an adverse employment action against the Consumer. At this point, Client must provide the following information to the consumer: 8.2.3.1. An Adverse Action Notice, whether it be employment denial or withdrawal of offer [See Attachments E F and F G for sample adverse action notices], 8.2.3.2. The CRA contact information, including name, address, telephone number and a toll-free telephone number, 8.2.3.3. A statement the consumer that they may obtain a free copy of the report, 8.2.3.4. A statement to the consumer that they may dispute the accuracy or completeness of the information with the CRA and 8.2.3.5. A statement that the CRA did not make the decision to take adverse action and is unable to provide the consumer the specific reasons why the action was taken. 8.3. AAIM advises Client that it has specific legal obligations and responsibilities regarding taking adverse action against a Consumer based on a consumer report and that Client should consult their legal counsel regarding specific legal responsibilities. 8.4. Upon written or verbal request made by the Consumer to AAIM or to Client, within a reasonable period of time, Client shall make a complete and accurate disclosure of the nature and scope of the investigation performed. This disclosure shall be made in writing, mailed, electronically mailed, or otherwise delivered, to the Consumer not later than five days after the date on which the request for such disclosure was received from the Consumer.

Adverse Action Procedures. 8.1. Client understands there are legal requirements and responsibilities when taking adverse action based in whole or in part on consumer and/or investigative consumer report(s). 8.2. Client understands and agrees to comply with adverse action procedures required by the FCRA which include: 8.2.1. Providing a pre-adverse action notice to Consumers [See Attachment C for a sample preliminary notice], along with a copy of the consumer report, “A Summary of Your Rights Under the Fair Credit Reporting Act” [See Attachment D for a copy of the CLIENT SERVICE AGREEMENT 5 | Page consumer’s rights under the FCRA], and the Credit Reporting Agency (“CRA”) contact information; then 8.2.2. Allowing the consumer a designated period of time to contact the CRA if the consumer wishes to dispute any information in the consumer report. (AAIM recommends at least 5 business days to let the consumer respond to the “negative” report(s)) 8.2.3. After the designated period of time has lapsed, Client can then make the decision to take an adverse employment action against the Consumer. At this point, Client must provide the following information to the consumer: 8.2.3.1. An Adverse Action Notice, whether it be employment denial or withdrawal of offer [See Attachments E and F for sample adverse action notices], 8.2.3.2. The CRA contact information, including name, address, telephone number and a toll-free telephone number, 8.2.3.3. A statement the consumer that they may obtain a free copy of the report, 8.2.3.4. A statement to the consumer that they may dispute the accuracy or completeness of the information with the CRA and 8.2.3.5. A statement that the CRA did not make the decision to take adverse action and is unable to provide the consumer the specific reasons why the action was taken. 8.3. AAIM advises Client that it has specific legal obligations and responsibilities regarding taking adverse action against a Consumer based on a consumer report and that Client should consult their legal counsel regarding specific legal responsibilities. 8.4. Upon written or verbal request made by the Consumer to AAIM or to Client, within a reasonable period of time, Client shall make a complete and accurate disclosure of the nature and scope of the investigation performed. This disclosure shall be made in writing, mailed, electronically mailed, or otherwise delivered, to the Consumer not later than five days after the date on which the request for such disclosure was received from the Consumer.

Adverse Action Procedures. 8.1C lient certifies that, if it is contemplating taking adverse action based in part or whole on a R eport from OPE Nonline, it shall follow all legally-required "adverse action" procedures specified by applicable federal, state and/or local law. Client understands there are legal requirements and responsibilities when taking F or example, if the C onsumer may be denied employment or incur another adverse action based in whole or in part on consumer and/or investigative consumer report(s). 8.2. Client understands and agrees a R eport provided by OPE Nonline, C lient will provide to comply with adverse action procedures required by the FCRA which include: 8.2.1. Providing a pre-adverse action notice to Consumers [See Attachment C for a sample preliminary notice], along with consumer: (1) a copy of the R eport, (2) a description, in writing, of the rights of the consumer report, “entitled "A Summary S ummary of Your Rights Y our R ights Under the Fair F air Credit Reporting R eporting Act” [See Attachment D for ," and (3) a copy of the consumer’s rights written notice containing any and all required notifications under the FCRA]federal, and the Credit Reporting Agency (“CRA”) contact information; then 8.2.2state or local law. Allowing the consumer C lient will then wait a designated reasonable period of time to contact allow the CRA if the consumer wishes Consumer to dispute any information in the consumer report. (AAIM recommends at least 5 business days to let accuracy of the consumer respond to the “negative” report(s)) 8.2.3R eport. After the designated appropriate waiting period of time has lapsedand, Client can then make the decision to take an adverse employment action against the Consumer. At this pointassuming no dispute, Client must provide the following information C lient will issue to the consumer: 8.2.3.1. An Adverse Action Notice, whether it be employment denial or withdrawal C onsumer notice of offer [See Attachments E and F for sample any adverse action notices], 8.2.3.2. The CRA contact informationtaken, including the statutorily-required notice identified in the F air Credit R eporting Act. Among other things, such notice will include: (1) the name, address, and telephone number and a toll-free telephone number, 8.2.3.3. A statement of the consumer that they may obtain reporting agency, OPE Nonline, (2) a free copy of the report, 8.2.3.4. A statement to the consumer that they may dispute the accuracy or completeness of the information with the CRA and 8.2.3.5. A statement that the CRA consumer reporting agency did not make the decision to take the adverse action and is unable to provide the consumer C onsumer the specific reasons why the adverse action was taken. 8.3. AAIM advises Client , (3) a statement that it the C onsumer may obtain a free copy of the consumer report from the consumer reporting agency within 60 days pursuant to S ection 612 of the Fair C redit R eporting Act, and (4) a statement that the C onsumer has specific legal obligations and responsibilities regarding taking adverse action against a Consumer based on the right to dispute with the consumer reporting agency the accuracy or completeness of any information in a consumer report and that Client should consult their legal counsel regarding specific legal responsibilities. 8.4. Upon written or verbal request made furnished by the Consumer agency. If a dispute as to AAIM or to Client, within a reasonable period of time, Client shall make a complete and accurate disclosure the accuracy of the nature and scope of report is raised by the investigation performed. This disclosure shall be made in writingC onsumer during the waiting period, mailed, electronically mailed, or otherwise delivered, C lient will afford OPE Nonline the legally-allowed time to resolve the Consumer not later than five days after the date on which the request for such disclosure was received from the Consumerdispute before deciding whether to take adverse action.

Adverse Action Procedures. 8.1End-User certifies that before adverse action based in part or whole on a Report from Applicant Insight, it shall follow all legally-required “pre-adverse action” procedures specified by applicable federal, state and/or local law. Client understands there are legal requirements and responsibilities when taking For example, if the Consumer may be denied employment or incur another adverse action based in whole or in part on consumer and/or investigative consumer report(s). 8.2. Client understands and agrees a Report provided by Applicant Insight, End-User will provide to comply with adverse action procedures required by the FCRA which include: 8.2.1. Providing a pre-adverse action notice to Consumers [See Attachment C for a sample preliminary notice], along with consumer: (1) a copy of the Report, (2) a description, in writing, of the rights of the consumer report, entitled “A Summary of Your Rights Under the Fair Credit Reporting Act,” [See Attachment D for and (3) a copy of written notice containing any and all required notifications under federal, state, or local law. After providing the consumer’s rights under the FCRA]pre-adverse action communication described above, and the Credit Reporting Agency (“CRA”) contact information; then 8.2.2. Allowing the consumer End-User shall wait a designated reasonable period of time to contact allow the CRA if the consumer wishes Consumer to dispute the accuracy of the report before taking any information in the consumer report. (AAIM recommends at least 5 business days to let the consumer respond to the “negative” report(s)) 8.2.3adverse action. After the designated period of time has lapsedappropriate waiting period, Client can then make the decision to take an adverse employment action against the Consumer. At this pointand assuming no dispute, Client must provide the following information End-User will issue to the consumer: 8.2.3.1. An Adverse Action Notice, whether it be employment denial or withdrawal Consumer notice of offer [See Attachments E and F for sample any adverse action notices], 8.2.3.2. The CRA contact informationtaken, including the statutorily-required notice identified in the Fair Credit Reporting Act. Among other things, such notice will include: (1) the name, address, and telephone number and a toll-free telephone number, 8.2.3.3. A statement of the consumer that they may obtain reporting agency, Applicant Insight, (2) a free copy of the report, 8.2.3.4. A statement to the consumer that they may dispute the accuracy or completeness of the information with the CRA and 8.2.3.5. A statement that the CRA consumer reporting agency did not make the decision to take the adverse action and is unable to provide the consumer Consumer the specific reasons why the adverse action was taken. 8.3, (3) a statement that the Consumer may obtain a free copy of the consumer report from the consumer reporting agency within 60 days pursuant to Section 612 of the Fair Credit Reporting Act, and (4) a statement that the Consumer has the right to dispute with the consumer reporting agency the accuracy or completeness of any information in a consumer report furnished by the agency. AAIM advises Client If a dispute as to the accuracy of the Report is raised by the Consumer during the waiting period, End-User will afford Applicant Insight the legally-allowed time to resolve the dispute before deciding whether to take adverse action. End-User hereby acknowledges that it has specific legal obligations and responsibilities regarding taking adverse action against received a Consumer based on a consumer report and that Client should consult their legal counsel regarding specific legal responsibilities. 8.4. Upon written or verbal request made by the Consumer to AAIM or to Client, within a reasonable period of time, Client shall make a complete and accurate disclosure copy of the nature Summary of Rights (16 C.F.R. Part 601xxxxx://xxxxx.xxxxxxxxxxxxxxx.xxx/f/201504_cfpb_summary_your-rights-under-fcra.pdf) and scope Notice of the investigation performed. This disclosure shall be made in writing, mailed, electronically mailed, or otherwise delivered, to the Consumer not later than five days after the date on which the request for such disclosure was received from the Consumer.User Responsibility (16 C.F.R. Part 601 Notice-to-Users-of-Consumer-Reports-v010113.pdf )

Adverse Action Procedures. 8.1Client certifies that, if it is contemplating taking adverse action based in part or whole on a Report from OPENonline, it shall follow all legally-required "adverse action" procedures specified by applicable federal, state and/or local law. Client understands there are legal requirements and responsibilities when taking For example, if the Consumer may be denied employment or incur another adverse action based in whole or in part on consumer and/or investigative consumer report(s). 8.2. a Report provided by OPENonline, Client understands and agrees will provide to comply with adverse action procedures required by the FCRA which include: 8.2.1. Providing a pre-adverse action notice to Consumers [See Attachment C for a sample preliminary notice], along with consumer: (1) a copy of the Report, (2) a description, in writing, of the rights of the consumer report, “entitled "A Summary of Your Rights Under the Fair Credit Reporting Act” [See Attachment D for ," and (3) a copy of the consumer’s rights written notice containing any and all required notifications under the FCRA]federal, and the Credit Reporting Agency (“CRA”) contact information; then 8.2.2state or local law. Allowing the consumer Client will then wait a designated reasonable period of time to contact allow the CRA if the consumer wishes Consumer to dispute any information in the consumer report. (AAIM recommends at least 5 business days to let accuracy of the consumer respond to the “negative” report(s)) 8.2.3Report. After the designated appropriate waiting period of time has lapsedand, assuming no dispute, Client can then make the decision to take an adverse employment action against the Consumer. At this point, Client must provide the following information will issue to the consumer: 8.2.3.1. An Adverse Action Notice, whether it be employment denial or withdrawal Consumer notice of offer [See Attachments E and F for sample any adverse action notices], 8.2.3.2. The CRA contact informationtaken, including the statutorily-required notice identified in the Fair Credit Reporting Act. Among other things, such notice will include: (1) the name, address, and telephone number and a toll-free telephone number, 8.2.3.3. A statement of the consumer that they may obtain reporting agency, OPENonline, (2) a free copy of the report, 8.2.3.4. A statement to the consumer that they may dispute the accuracy or completeness of the information with the CRA and 8.2.3.5. A statement that the CRA consumer reporting agency did not make the decision to take the adverse action and is unable to provide the consumer Consumer the specific reasons why the adverse action was taken. 8.3. AAIM advises Client , (3) a statement that it the Consumer may obtain a free copy of the consumer report from the consumer reporting agency within 60 days pursuant to Section 612 of the Fair Credit Reporting Act, and (4) a statement that the Consumer has specific legal obligations and responsibilities regarding taking adverse action against a Consumer based on the right to dispute with the consumer reporting agency the accuracy or completeness of any information in a consumer report and that Client should consult their legal counsel regarding specific legal responsibilities. 8.4furnished by the agency. Upon written or verbal request made If a dispute as to the accuracy of the report is raised by the Consumer to AAIM or to Client, within a reasonable period of timeduring the waiting period, Client shall make a complete and accurate disclosure of will afford OPENonline the nature and scope of legally-allowed time to resolve the investigation performed. This disclosure shall be made in writing, mailed, electronically mailed, or otherwise delivered, dispute before deciding whether to the Consumer not later than five days after the date on which the request for such disclosure was received from the Consumertake adverse action.