Inaccurate Background Checks
Employers and landlords rely on background checks to make important decisions regarding applicants and employees. The Fair Credit Reporting Act provides protections regarding the disclosure and accuracy of information in background reports used by employers and landlords.
For example, if a potential or current employer did not receive your permission and/or did not provide you with proper notice regarding a background check, then you may be entitled to compensation under the Fair Credit Reporting Act. You may also be entitled to compensation under the Fair Credit Reporting Act if there is inaccurate information in a background check.
Our attorneys have successfully litigated cases, both individually and on a class action basis, when employers, landlords, and consumer reporting agencies failed to comply with the disclosure, adverse action, and investigation requirements of the Fair Credit Reporting Act.
Does your background report include inaccurate or misleading information?
The entities that furnish consumer reports to employers must also comply with the Fair Credit Reporting Act, which requires these entities to conduct a reasonable investigation if a consumer disputes the accuracy or completeness of the information contained in his or her consumer report provided to the employer. We have successfully brought claims under the Fair Credit Reporting Act on behalf of individuals with inaccuracies in consumer reports furnished to employers. If you believe any of the information in an employee background report is inaccurate or incomplete, our attorneys will meet with you at no charge to discuss the best way to fix the mistake and whether you have a potential claim under the Fair Credit Reporting Act.
Has an employer conducted a background check without your permission?
The Fair Credit Reporting Act requires an employer to obtain written permission and provide you with notice before obtaining your credit report. Our attorneys have successfully litigated cases involving employers who failed to provide the proper notice and/or obtain written permission. If you believe an employer has obtained your consumer report without providing the proper notice and/or without your written permission, we may be able to help.
Has an employer taken an adverse action against you based on a background check?
If an employer takes an adverse action based on a background check, the employer must comply with the Fair Credit Reporting Act’s notice requirements and provide you with a copy of the consumer report. An adverse employment action occurs when employment is denied or when an employer makes any employment decision that adversely affects a current or prospective employee. The common forms of adverse actions are rejection of employment, denial of a job promotion, and reassignment of employment such as receiving a lower level of employment because of information in a report. Our attorneys have successfully litigated cases involving employers who failed to provide the proper notices or copies of the background report.
Has an landlord taken an adverse action against you based on a background check?
If a landlord takes an adverse action against you—such as denying your rent application—based on a background check, the landlord must provide you with notice that includes a statement of the adverse action and identifies the credit reporting agency that supplied the report. Our attorneys have successfully litigated cases involving landlords who failed to provide the proper notice.