Background Check Errors

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.

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 and receive an updated, corrected copy of the 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 simply don’t have or follow reasonable processes and act carelessly when adding information to consumers’ records. An experienced background check lawyer 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 annually 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 an attorney with background check experience can make it easier to clear your name and pursue your rights.

Why Work With a Lawyer to Address Background Check Inaccuracies?

Under the FCRA, when a company is found liable of violating one or more provisions of the FCRA, a harmed consumer can recover attorney’s fees. This means that you could potentially recover monetary compensation without having to pay for legal representation in the process.

Stein Saks, PLLC is dedicated to protecting consumers’ rights. Our skilled, experienced attorney advocates understand the legal complexities and procedural aspects of background check laws.

If someone took adverse action against you because of incorrect or misleading information in a background check report, you have rights.

Contact Stein Saks, PLLC today to schedule a free consultation with a background check lawyer.