Employment background checks seem routine enough for those looking from the outside, and sometimes they are routine. Other times an incorrect background report can cost someone an opportunity for a new job or even cost them 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 law, 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 even future jobs.
Since 2015, Checkr alone 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. In fact, those 80 lawsuits make Checkr the most frequently sued out 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 incorrect 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 that 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.
Your Personally Identifiable Information (PII), is of vast importance. You can’t have identity theft without PII. So it’s important to do everything you can to protect your Personally Identifiable Information. Even if it seems silly, doing whatever you can to protect your PII is of vast importance.
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 for job screening who have failed to provide accurate information. Hireright and Sterling Talent Solutions, who 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 produce inaccurate information. 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 email us at firstname.lastname@example.org. Along with consumer law attorneys, Maginnis Howard offers personal injury, employee rights, estate planning and business litigation attorneys.