If the consumer is acting as a guarantor, a surety, or in a like capacity on the commercial loan, an adverse action notice is not required because the FCRA definition of adverse action is based on ECOA's definition of adverse action, and ECOA's definition does not apply to guarantors. 27 However, if a consumer is a coapplicant for a
Forms C-1 through C-4 are intended for use in notifying an applicant that adverse action has been taken on an application or account under §§ 202.9(a)(1) and (2)(i) of this regulation. Form C-5 is a notice of disclosure of the right to request specific reasons for adverse action under §§ 202.9(a)(1) and (2) (ii).
Notify the applicant, orally or in writing, within a reasonable time of the action taken; and Provide a written statement of the reasons for adverse action and the Equal Credit Opportunity Act notice if the applicant makes a written request for the reasons within 60 days of being notified of the adverse action.
Regulation B requires the notice be in writing except for business applicants, who may receive oral notice of adverse action. 14 The FCRA, on the other hand, states that adverse action notices may be provided orally, in writing, or in electronic format. 15 Although Regulation B does not specifically provide for electronic delivery, a combined adverse action notice that incorporates both Regulation B and the FCRA requirements may be provided electronically if the consent requirements of the
Adverse action notices aren't the end of the world. Depending on the cause, it could be a rather harmless situation. Of course, in some cases, an adverse action notice could be a sign of a serious credit problem. If you receive an adverse action notice, use this as an opportunity to review your credit reports and learn what lenders are
Sample notice of pre-adverse action due to a background check as required by the FCRA. Sample notice of pre-adverse action due to a background check as required by the FCRA.