Claims against Background Report Sellers

There are many reasons why a background check may be run on you, but unfortunately, background report errors do happen and it could cause a potential employer to believe that you are unfit for a job if the report comes back saying that you have committed a crime, when you actually have not. The reporting agencies are governed by the Fair Credit Reporting Act, which provides protection against these errors.

The most common types of problems that people have with background reporting companies are:

• Inaccurate information appearing on the report. This is a very common problem, especially for those with a common name since information can get mixed up with someone who shares your name. This may happen if the background reporting company is not taking enough care to ensure that their report is accurate. No matter what reason there is for the mix-up in information, they may be liable for the loss of your opportunity for employment
• Not warning consumers that the public information that is being provided could cause them a problem. Reporting agencies are required by the Fair Credit Reporting Act to inform an applicant when information is being sent to a potential employer that may have a negative impact on the applicant. If they do not want to provide the applicant with this notice, they need to keep strict procedures to ensure that the public record is complete and up-to-date.
• Failing to investigate an error. The three largest credit reporting agencies, Equifax, Experian and Trans Union, are required to conduct a reasonable investigation if a consumer informs them that there is incorrect information on their background check. If the reporting agency is notified about an error, they must conduct a reasonable investigation into the reporting and report what the results are of their investigation. If information is taken out of the background check, they will need to provide the new report to any person or company that received the incorrect report

Reach out to the proficient attorneys at the Consumer Advocacy Center to find out more about how to protect yourself from an error on your background check.