Background Check Mistakes – Why They Happen and How to Fix Them
While we primarily represent consumers affected by inaccurate Checkr reports - since Checkr is one of the largest background check agencies - many other agencies also conduct employment background checks and may harm consumers by reporting inaccurate information. These agencies include HireRight, First Advantage, LeasingDesk, and others. We are committed to representing and securing compensation for anyone who has suffered due to errors on their pre-employment background checks.
Wrongful Background Check: Why Background Check Mistakes Happen?
Background checks are used by employers, landlords, and organizations to verify a person's history. These checks help ensure safety, trust, and compliance with laws. However, mistakes can happen, and they can cause serious problems for individuals. Understanding why these errors occur can help people avoid or fix them. Here are some of the most common reasons background check mistakes happen.
Human Error - Background checks rely on people to collect, input, and review data. Simple human mistakes, like typing errors or misreading information, can lead to incorrect records. If someone types a name incorrectly or selects the wrong file, it could result in the wrong information being reported.
Outdated or Incorrect Information - Databases are not always updated in real-time. Some records may be old, incomplete, or incorrect. For example, if someone had a criminal record that was later cleared or expunged, the background check might still show the old record if the database has not been updated.
Common Names and Identity Mix-Ups - Many people share the same name, and this can cause confusion in background checks. If a database does not use enough personal details like date of birth or Social Security number, someone might be wrongly linked to another person’s criminal or financial history.
Slow Updates From The Agencies - It takes time for courts and government agencies to update their records. If someone’s charges were dropped or a conviction was overturned, it might not be updated right away in the system. This can cause a background check to show incorrect legal history.
Incomplete Or Missing Records - Some records are not available online or are stored in different systems that do not communicate well with each other. If a background check does not access all the necessary information, it might provide an incomplete or misleading report.
There are numerous reasons why a background check agency might make a mistake on your report, but almost none of them are within the consumer’s control, as long as they have provided accurate information to their employer or landlord. A consumer has no way to prevent outdated or incorrect details from appearing on their report before it is generated. This is why errors on a background check can be extremely damaging, as they may lead to missed job opportunities, housing and even insurance denials.
If you have been affected by an inaccurate background check, feel free to contact us. We can discuss the best steps to correct your background report and restore your rights to housing, employment, and other opportunities.
Disputing a False Background Check: Is It Worth the Effort?
By law, every consumer reporting agency must promptly investigate inaccuracies in background checks when a consumer raises a dispute. However, the investigation process can take up to 30 days. Even if the information is corrected, the employer may have already recognized or chosen another candidate. The same applies to housing applications - if you’ve just moved to a new city and need to rent a place immediately, a 30-day investigation is far from ideal.
While filing a lawsuit against the background check company for errors in your report may take even longer than the 30-day investigation period, the consumer can ultimately receive full compensation for the financial and emotional damages caused by the mistake. This compensation also covers the time spent trying to correct the report.
So, if you're asking, "Should I dispute a mistake on my background check?" the answer is yes, you absolutely can. However, before doing so, it's a good idea to consult with an FCRA paralegal to discuss your options. If you sign a contract with an FCRA attorney, they may contact your potential employer or landlord to explain the situation. Additionally, during the investigation, they can present evidence proving that there is a mistake on your background report.
In many cases, landlords and employers may reconsider and accept your application without waiting for the report to be corrected. However, this approach won’t work for all employers. Platforms like Uber, for example, rely solely on the information in the report and typically won’t communicate with attorneys regarding account reactivation.
Disputing a background check error does not take away your right to sue the background check company. You can still demand compensation, even if your report was corrected after your dispute and you ultimately got the job or apartment you applied for.
Sue For Wrongful Background Check
Failing to report accurate information on a consumer’s background check violates the consumer’s rights under the Fair Credit Reporting Act (15 U.S. Code § 1681e). Additionally, failing to address disputes raised by the consumer violates 15 U.S. Code § 1681i.
This means that regardless of whether the background check agency corrected your report after you disputed the inaccuracies, you may still have the right to sue for compensation. The only difference is that if the agency successfully fixed its mistakes, its level of liability may be reduced. In such cases, the compensation awarded could be lower, especially if correcting the report helped the consumer avoid some financial damages.
Another reason consumers should consider filing a lawsuit against a background check agency that reports inaccurate information about them is that consumer reporting agencies frequently communicate and rely on each other to verify information - rather than obtaining it directly from court sources. They also sell this information to one another. If an agency corrects your report after a dispute, it is not required to notify all third parties that may have received the incorrect information.
However, if a consumer decides to hire a background check attorney and sue the agency, part of the settlement may require the agency to notify all third parties that received or might have received the inaccurate information. Additionally, the agency must notify the original vendor that provided the incorrect data. This ensures the mistake is corrected at its source, significantly reducing the chances of the same error appearing on future background checks.
Conclusion: Why Addressing Background Check Mistakes Matters
Background check errors can cost you job opportunities, housing, and financial stability. Since agencies share consumer data, a single mistake can spread across multiple reports. Disputing inaccuracies is a right under the Fair Credit Reporting Act (FCRA), but the 30-day investigation period may not be practical in urgent situations. Consulting an FCRA attorney can help secure compensation and ensure errors are corrected at the source. Holding agencies accountable not only protects your rights but also prevents future mistakes.
If you’ve been affected, legal action can be a powerful step toward restoring your reputation and preventing further harm.
Wrongful Background Check Complaint Hotline
866-760-4881
DoorDash, Uber Eats, Instacart, Amazon, Grubhub… The delivery workers are being deactivated from their accounts due to the mistakes on their criminal reports produced by Checkr Inc.