Checkr Lawsuit: How to File and Win Your Case Over Inaccurate Background Checks


Checkr is one of the leading background check agencies, providing reports for major employers and gig platforms such as Uber, DoorDash, Amazon, Spark, and Lyft. Over the years, thousands of consumers have been impacted by inaccurate background reports from Checkr. The Fair Credit Reporting Act, enacted in 1970, protects consumers from inaccurate information in their background reports. It also requires background check agencies to compensate individuals for any financial losses and emotional distress caused by inaccurate reporting.

Checkr Lawsuit: Who Can File a Claim?

The law protects all consumers from inaccurate background checks. This means that any individual whose Checkr report contained errors or misleading information may be eligible to file a claim under the FCRA. However, filing a claim on your own may not be the best approach. While the FCRA is a federal law, each district court and state has its own specific rules for filing a case, making legal guidance crucial.

It is best to work with an FCRA attorney to accurately articulate the damages you have suffered, properly prepare litigation documents, and demand the highest possible compensation on your behalf.

Consumers do not have to pay any legal fees upfront for their case. Attorney fees are typically deducted from the final settlement at the case’s resolution. However, since courts recognize the fee-shifting provision, they often award higher settlements to cover legal costs while ensuring proper compensation for the consumer.

Most Checkr lawsuits are filed for one of the following reasons:

  • Checkr mistakenly reported criminal records that belonged to another individual, causing the applicant to lose a job opportunity.

  • Checkr inaccurately reported criminal case details or failed to update its records, resulting in an employment denial.

  • Checkr continued to report inaccurate information even after the consumer filed a dispute.

  • Checkr reported a criminal case that was sealed/expunged from public access.

If you have been denied a job, terminated, or deactivated from a driver’s platform due to an inaccurate background check, contact us. We will evaluate your case and determine the best strategy for your Checkr lawsuit process.

Checkr Complaint Hot Line
866-760-4881

 

Checkr Lawsuit: How to Prepare and Gather Evidence

To file a Checkr lawsuit, consumers may need to gather specific documents to prove inaccuracies in court. We recommend that consumers contact us for detailed guidance on the necessary documents and communications required to build a strong case against Checkr.

Essential documents that consumers need to provide to file a Checkr lawsuit include:

  • A copy of the Checkr report that shows the inaccurate or unrecognized criminal record, the wrong driver’s license status, or contains other mistakes. A copy of the inaccurate background report serves as the primary evidence of Checkr’s mistake in court.

  • A denial letter, adverse action notice, or any other communication from the employer regarding the background check issue. These documents are crucial as they help prove that the employer received an inaccurate report, which directly impacted their decision to deny the employment application.

  • Disputes, responses, and any other communications with Checkr. Under the FCRA, Checkr is required to investigate and correct disputed records. If you can gather evidence that Checkr failed to conduct a proper investigation after a dispute was filed, it may significantly increase the settlement amount awarded to you.

Checkr typically sends copies of a consumer’s background report via email to the address associated with the employment application. If you did not receive a copy, you can still log in to Checkr’s candidate portal to review your report. You should carefully review your background report and identify any inaccuracies.

Employers may send denial letters via email, regular mail, or notify you about background check results through an app or phone call. However, written communication is preferable, as it can serve as evidence in court. If the employer did not provide a written denial, you can request one from them.

If you noticed an inaccurate record on your Checkr background report, then you have the right to file a dispute, if you choose to do so, make sure you keep all the communications, since of Checkr refuses to fix your report after a dispute, then the only way to correct your Checkr report would be filling a lawsuit, this is when you may need to bring evidence of your past disputes.

CheckrLawsuit.com highly recommends consulting an FCRA legal assistant before initiating any communication with Checkr.

Checkr Complaint Hot Line
866-760-4881

 

Checkr Lawsuit: What To Expect?

You can expect justice. If Checkr made a mistake on your background report, the FCRA requires them to fully compensate you for lost income and emotional distress. A settlement on a Checkr lawsuit would include the following monetary awards to the consumer:

  • Full monetary compensation should be provided for the duration of unemployment. However, the actual amount of financial compensation may vary based on several factors. For example, if an individual loses a part-time job, their compensation may be lower compared to someone who loses their primary source of income.

  • Full monetary compensation should also cover emotional damages, including the time spent disputing records or communicating with Checkr in an effort to resolve the issue.

  • Statutory damages of $1,000 per violation of the FCRA committed by Checkr should be awarded. This statutory compensation is in addition to any compensation for emotional and financial damages.

  • Punitive damages should be awarded based on the severity of Checkr's background check errors. The court may determine the amount, considering the extent of the mistake. For example, mistakenly merging records of individuals with no common identifiers constitutes a more egregious violation than mixing individuals who share the same name and date of birth.

Additionally, Checkr must revise the background report and provide it to the affected individual for final review. This ensures that, following a lawsuit against Checkr, the information has been correctly updated. The case cannot be settled until the individual confirms that their background report is free of errors.

Once the consumer confirms that the report has been corrected and reflects accurate information, Checkr must submit the updated report to the prospective employers who previously denied employment. Additionally, for gig workers, Checkr must provide the corrected report to the relevant platforms so they can reconsider the decision or reactivate the consumer’s account.

If you have been affected by a Checkr background check error and are seeking a reliable solution with comprehensive compensation, please complete the form below. Our legal team will review your case and contact you shortly.

 

Checkr Lawsuit: Frequently Asked Questions

  • Yes. Even if Checkr eventually corrected your report, you may still be entitled to compensation for:

    • Lost wages during the time you were unemployed.

    • Emotional distress from the ordeal.

    • Statutory damages for Checkr’s violation of the FCRA.

  • The lawsuit against Checkr involves allegations that the company provided inaccurate background checks, leading to wrongful job denials, emotional distress, and financial harm for affected individuals.

  • Errors can include:

    • Mixing up individuals who have no common identifiers.

    • Incorrect criminal records attached to your name.

    • Outdated or expunged records appearing on your report.

    • Failure to conduct proper investigations after a dispute.

  • Yes, if you were denied employment due to inaccurate information on a Checkr report, you may have grounds to sue Checkr under the FCRA and seek compensation.

 
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How Checkr Mistakes Affect Consumers With Criminal Past