Adverse Action Process

Description of the Adverse Action Process Should you make an adverse employment decision based on information within a KBA report, the following will occur; You will mail under one cover: a.) A copy of KBA’s completed report. b.) Consumer Summary/Summary of Rights under FCRA (Schedule D). c.) Cover letter summarizing the process to the applicant (Schedule E). If the applicant disputes the information in the report then the applicant is instructed by the cover letter and Consumer Summary to contact KBA. If KBA is contacted by the applicant and the applicant disputes the information within the report KBA will: 1. Notify you that the applicant disputes information within KBA’s report. 2. Conduct a timely reinvestigation and report results back to you and to the applicant. After the fifth (5) business day you should send out the Notice of Adverse Action, unless the following has occurred: 1. The applicant has contacted KBA requesting a reinvestigation and you have been notified of such by KBA. 2. The application is withdrawn directly by the applicant prior to the fifth (5) business day.

Consumer Summary (Schedule D) Please find a complete copy (2 Pages) of the Consumer Summary (Schedule D) attached to the informational e-mail you were originally sent. Schedule E Five Day Letter Sample (Place on your company letterhead.) Dear ___________________: Enclosed is a copy of your background check report, which we received from Kroll Background America, Inc. You were give notice at the time you applies for a job with YOUR COMPANY NAME HERE that a background check would be performed as a part of the application process. You also signed a Notice/Authorization/Release for YOUR COMPANY NAME HERE and Kroll Background America, Inc. to conduct a background check. A copy of the background check and your rights, which are federally mandated under the Fair Credit Reporting Act, are attached for your review. If there are any inaccuracies, incomplete information or if you dispute any of the information reported, please contact Kroll Background America, Inc. In the event you should need to contact Kroll Background America, Inc., you may do so at: Kroll Background America, Inc. 1900 Church Street, Suite 400 Nashville, Tennessee 37203 (800) 697-7189 Ext. 280 YOUR COMPANY NAME HERE will not take any action on your application for five (5) business days based on the information contained in your attached background report until on of the following occurs: 1. You contact Kroll Background America, Inc. at the above address/number with in five (5) business days from the date this letter was mailed to you and seek a reinvestigation, or 2. You withdraw your application with YOUR COMPANY NAME HERE prior to the fifth (5) business day directly.

Notice of Adverse Action SAMPLE NOTICE OF ADVERSE ACTION BASED ON A CONSUMER REPORT AND/OR INVESTIGATIVE CONSUMER REPORT (Place on your company letterhead.) Dear ___________________: As part of the appointment/employment process you were recently provided a copy of your Consumer Report as well as a Notice of your Rights to Seek a Reinvestigation or Correction of your Report (Consumer Summary). More than five (5) business days have passed since you were mailed a copy of these important documents and you have not notified Kroll Background America, Inc. or YOUR COMPANY NAME HERE of any dispute with such Report YOUR COMPANY NAME HERE has decided to deny your application for appointment/employment based on information contained in the Consumer Report and/or investigative Consumer Report (the “Report”). The Report was prepared by: KROLL BACKGROUND AMERICA, INC., please know that KROLL BACKGROUND AMERICA, INC. did not make the decision to take adverse action against you; and, therefore, is unable to provide you with specific reasons for the adverse action. Kind Regards, HR REPRESENTATIVE NAME HERE YOUR COMPANY NAME HERE