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Adverse action

If something in a consumer report contributes to rejecting a candidate, the FCRA requires two notices with a genuine gap between them.

Step one — pre-adverse action

Before the decision is final, send the candidate:

A notice that you are considering a decision based in whole or in part on the report.
A copy of the report itself.
A copy of A Summary of Your Rights Under the Fair Credit Reporting Act.

Then wait. Federal law does not fix the number of days; a period long enough for the person to actually see it and respond is the point, and several jurisdictions set their own minimum.

Step two — adverse action

If you proceed, the final notice must tell the candidate:

The name, address and telephone number of the consumer reporting agency.
That the agency did not make the decision and cannot explain it.
That they may obtain a free copy of the report from the agency within 60 days.
That they may dispute the accuracy or completeness of the report with the agency.

The most common failure is collapsing the two steps. Sending both notices in the same envelope, or on the same day, removes the candidate's opportunity to correct an error — which is the entire reason the sequence exists.

A record error is not rare. Mixed files, expunged records still showing, and cases reported under the wrong disposition all happen. The pause is what catches them, and it protects you as much as the candidate.