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Errors on Employment Background Checks

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Employment background checks seem routine enough for those looking from the outside, and sometimes, they are. However, an incorrect background report can cost someone an opportunity for a new job or even their current job. 

Inaccurate Background Checks from Checkr

Checkr is a background check company that started in 2014. Companies like Uber and Lyft rely on Checkr to provide accurate information about an applicant’s job, driving, and criminal history. 

The federal Fair Credit Reporting Act (FCRA) requires Checkr to complete these records with “maximum possible accuracy.” Along with keeping up with background checks (roughly 1.5 million per month), Checkr is now facing numerous FCRA lawsuits from people claiming that Checkr has put out incorrect background reports, which have cost people their current jobs and future jobs.

Since 2015, Checkr has faced at least 80 lawsuits under the Fair Credit Reporting Act. While 80 lawsuits out of 1.5 million background checks may not seem like a lot, you can attribute most of these small numbers to consumer’s lack of knowledge about the Fair Credit Reporting Act and being unaware of the existence of the FCRA consumer protection attorneys like our firm who handle these cases on a contingency basis. Those 80 lawsuits make Checkr the most frequently sued of any background check company.

Common Background Check Errors 

Some of the most common background check errors include:

  • Mixed files – criminal records belonging to someone with the same or similar name ending up on your report
  • Incorrect information – criminal record information such as disposition information (for example, “guilty” instead of “not guilty”), or inaccurate severity (for example, misdemeanors represented as felonies).
  • Reporting of expunged or sealed charges—If a criminal record or conviction is expunged or sealed, it should not appear on a background report.

Identity Theft & Background Checks

Identity theft is another reason background checks are inaccurate. If you suspect your identity has been stolen, alert the credit bureaus. They will put a fraud alert on your file so anyone pulling your credit report knows the information is compromised. You can also request that credit bureaus freeze your credit, which prevents most creditors from accessing your credit report entirely.

Protections Under the FCRA 

The Fair Credit Reporting Act protects consumers and promotes the accuracy of private consumer reports. Checkr is not the only background check company that has failed to provide accurate information for job screening. Hireright and Sterling Talent Solutions, which are competitors of Checkr, have also faced similar accusations in the past.

The consumer law attorneys at Maginnis Howard handle cases in which employment background checks errors cost consumers. If you believe you have been impacted by an incorrect background check, our firm’s FCRA attorneys want to speak with you. Feel free to contact us at 919-526-0450 or through our contact page.

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