Background check companies are subject to the same FCRA accuracy requirements as credit bureaus. If an error on your background check cost you a job offer, you may have a federal claim — and you don't need to pay anything upfront to pursue it.
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Consumer reporting agencies that produce background checks for employment purposes are fully subject to the FCRA. They must follow reasonable procedures to assure the maximum possible accuracy of the information they report. When they fail — and someone loses a job as a result — that is a federal violation.
Common errors include records that belong to someone with a similar name, expunged or sealed records that should not appear, dismissed charges reported as convictions, and outdated information that should have been removed. Employers often receive these reports and make hiring decisions without giving candidates an opportunity to correct the errors.
The FCRA also requires employers who take adverse action based on a background check to first provide the candidate with a copy of the report and notice of their rights. Failure to do so is a separate violation. If you were denied a job and didn't receive these disclosures, you may have additional claims.
Records belonging to someone with a similar name or SSN appeared on your background check.
A charge that was dropped, dismissed, or resulted in an acquittal is reported as a conviction.
A record that was legally expunged or sealed is still showing up on employment background checks.
A record that is past the FCRA's permissible reporting period for employment is still appearing on checks.
The employer took you out of consideration based on the report without first providing a copy and notice of your rights.
The background check lists the wrong charge, wrong outcome, or wrong jurisdiction for a record that is yours.
From your first submission to resolution — here is what to expect.
Tell us what happened. We review your discharge paperwork and credit reports at no cost.
We send a strategically crafted dispute letter to preserve your legal rights and set up litigation if needed.
If the bureau or furnisher fails to correct the error, we file your FCRA claim in federal court.
FCRA cases are handled on contingency. Attorneys’ fees are typically paid by the defendant.
Tell us what happened. We review every submission within one business day.
Tell us what happened. We respond within one business day.
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We received your submission and will review it within one business day.
A licensed attorney from Haseeb Legal PLLC will be in touch shortly.