Background Check Lawyers

There are many reasons a company might conduct a background check on you. For example, if you are applying for a new job or want to rent an apartment, a background check is often a necessary part of the process. Unfortunately, incorrect data on these types of screening reports also happens — and not infrequently.

The reality is that background check errors can have negative repercussions. You could be turned down for a job that you are otherwise qualified for or denied housing because of inaccuracies on your report. This can result in stress, embarrassment, reputational harm, and emotional distress. A background check attorney can help you address problems and fight for your legal rights if problems arise.

Common Background Check Mistakes

Most background checks use insufficient procedures, leading to significant inaccuracies and incomplete information. Many background check companies rely on outdated or unreliable sources, including databases that may not be updated regularly.

These checks often depend on aggregation techniques that compile data from multiple places without verification. Since unique genetic identifiers like fingerprints aren’t used, the likelihood of errors such as mistaken identity or incorrect records increases significantly. Such inaccuracies can have serious consequences, affecting opportunities for employment, housing, loans, and more.

The most common background check errors include, but are not limited to:

Inaccurate or missing information in the report

Wrongful inclusion of sealed or expunged records

Mistaken identity or confusion with another person

Incorrect criminal history or records belonging to someone else

Outdated or duplicate information

If you’ve been affected by these issues, our qualified background check lawyers can help you file an incorrect background check lawsuit.

The Fair Credit Reporting Act Provides Protections

The Fair Credit Reporting Act (FCRA) includes provisions designed to help consumers address problems with background checks. Under the FCRA, you have the right to fix errors and other issues in your report. In addition, the FCRA also provides possible monetary compensation when consumers’ rights are negatively affected by bad background checks.

Unfortunately, background check agencies may systematically violate the FCRA in various ways, which can result in harm to consumers who should be able to assume their credit reports and other background check data is accurate and complete. Sometimes, these agencies don’t comply with the legality of background checks and act carelessly when adding information to consumers’ records. An experienced FCRA attorney can help you protect and assert your rights.

Frequently Asked Questions About Background Check Mistakes

Q: Do I have the right to review my background check data?

A: In addition to your right to review your credit report weekly at no cost, you have rights when a current or prospective employer or potential landlord runs a background check on you as part of an employment- or housing-related decision. The company running the report must give you a written statement of your rights under the FCRA. One of those rights states that you are entitled to review your report for errors if the employer or other party requesting the report takes adverse action against you.

Q: What potential liability does a background check agency face for including inaccurate information on my report?

A: When a background check agency or another party includes inaccurate or misleading information on a consumer’s report or fails to take reasonable precautions to ensure accuracy of reported information, they may be found liable under provisions of the FCRA. The agency may have to pay you monetary compensation as well as covering your attorney’s fees related to the matter.

Q: What can I do if I was the victim of adverse action based on incorrect background check information? 

A: You have the right to know what information is in your background check report and to clean up inaccuracies. Hiring a qualified lawyer for background checks can make it easier to clear your name and pursue your rights.

Work With Us to Correct Background Check Inaccuracies

Errors in background checks can disrupt your ability to secure loans, find employment, rent a home, or obtain necessary certifications. They can even affect professional licensing or promotions. If your reputation has been harmed or you’ve faced negative actions due to incorrect information in your background report, you may be entitled to compensation and legal remedies under the FCRA.

At Stein Saks, PLLC, we are dedicated to helping you recover damages allowed by law, including compensation for financial losses, emotional distress, and any harm to your reputation. Our experienced team is passionate about protecting consumers’ rights.

The experts at Stein Saks, PLLC, are ready to fight for you. Contact us today to get started.

Contact Stein Saks, PLLC

These laws require defendants to pay our fees and costs. Therefore, this litigation won’t cost you anything — our representation is FREE.

Contact Stein Saks, PLLC

These laws require defendants to pay our fees and costs. Therefore, this litigation won’t cost you anything — our representation is FREE.

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