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A background check can influence whether you get a job, rent an apartment, or receive another important opportunity. When the information in that report is inaccurate, the consequences can be significant.
Background check errors may include criminal records belonging to someone else, cases reported without updated dispositions, duplicate records, or information that should not appear in the report. An employer or landlord relying on inaccurate information may make a decision before you even realize something is wrong.
For consumers in St. Petersburg, federal law provides important protections when companies prepare and use consumer reports for employment and other covered purposes.
Background screening companies gather information from numerous sources. Errors can occur when records are incomplete, outdated, or matched to the wrong person.
Common background check problems include:
Mistaken identity can be particularly damaging when two people have similar names or other identifying information.
Our Florida background check error attorneys help consumers determine whether inaccurate reporting may violate protections provided by the Fair Credit Reporting Act.
Many employers use background checks when evaluating applicants or making certain employment decisions.
A report suggesting that an applicant has a serious criminal record could affect whether the person receives a job offer. The problem becomes especially serious when the record is inaccurate or belongs to someone else.
The federal Fair Credit Reporting Act, commonly called the FCRA, establishes requirements when employers use consumer reports for employment purposes.
Before obtaining a covered consumer report, an employer generally must provide a clear and conspicuous written disclosure and obtain the individual's written authorization.
Additional protections apply when an employer is considering taking adverse action based on information in the report.
The FCRA generally requires an employer to take certain steps before taking adverse action based in whole or in part on a consumer report.
Before the final adverse action, the employer generally must provide the consumer with a copy of the report and a written summary of rights under the FCRA.
This pre-adverse action process gives the applicant an opportunity to review the report.
That opportunity can be crucial if the report contains a mistake.
Suppose a St. Petersburg job applicant receives a background check showing a felony conviction that actually belongs to another person with a similar name. Receiving the report before the employer makes its final decision gives the applicant a chance to identify and dispute the error.
If the employer ultimately takes adverse action, additional notice requirements generally apply.
Yes.
Landlords and property managers frequently use tenant screening reports when evaluating rental applications. These reports may contain credit information, rental history, eviction records, criminal records, or other consumer information.
An inaccurate report can result in:
For someone looking for housing in St. Petersburg, a false criminal or eviction record can create an immediate obstacle.
The FCRA applies to consumer reports used for permissible purposes that can include tenant screening. When a landlord takes adverse action based on information in a consumer report, the consumer generally must receive an adverse action notice containing specified information about the reporting company and the consumer's rights.
Background and consumer reports are used in more situations than many people realize.
Depending on the circumstances, inaccurate information can affect applications involving:
Different laws and rules may apply depending on how the report is being used.
The practical problem, however, is often similar. A company makes a decision based on information that does not accurately describe the consumer.
If the person does not know what was reported, correcting the problem can become difficult.
This is why obtaining a copy of the relevant report is often one of the most important steps after an unexpected denial.
The FCRA requires consumer reporting agencies to follow reasonable procedures to assure maximum possible accuracy of information concerning the individual about whom a report relates.
That does not mean the law guarantees that no report will ever contain an error.
Instead, the issue may involve whether the reporting company used reasonable procedures when preparing the report and whether it properly handled a consumer's dispute.
Matching procedures can be especially important in criminal background reporting.
A screening company that relies too heavily on a name match without adequately distinguishing among different individuals may create a risk that one person's criminal history will be attributed to another.
For St. Petersburg consumers, the details of how an error occurred can therefore matter when evaluating potential legal rights.
Yes.
The FCRA provides consumers with the right to dispute information in their consumer files when they believe it is inaccurate or incomplete.
After receiving a dispute, a consumer reporting agency generally must conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate.
The agency generally must complete the reinvestigation within 30 days, although federal law allows additional time in certain circumstances.
The reporting agency must also consider relevant information provided by the consumer.
A dispute should clearly identify the information believed to be incorrect and explain why it is inaccurate. Supporting documents can make the issue easier to understand.
The appropriate documentation depends on the type of error.
Useful records might include:
Keep copies of everything you send.
For a St. Petersburg consumer dealing with a false criminal record, obtaining official court documentation showing the correct disposition can be particularly valuable.
Documentation also creates a record of when the reporting company was notified about the problem.
The consumer reporting agency must generally investigate the disputed information and communicate with the source that provided it.
If information is found to be inaccurate, incomplete, or unverifiable, the FCRA provides procedures for deleting or modifying the information.
Consumers generally must also receive notice of the results of the reinvestigation.
Problems sometimes continue after a dispute.
A consumer may find that inaccurate information is verified without an adequate investigation, reappears later, or continues to be reported despite documentation showing why it is wrong.
When that happens, the dispute history can become important evidence.
The FCRA provides civil remedies for certain violations.
Depending on the circumstances, a consumer may potentially seek damages when a consumer reporting agency or another covered party negligently or willfully fails to comply with the law.
The damages available depend on the nature of the violation and resulting harm.
A background check error can have real financial consequences. Someone may lose wages after being denied employment, incur additional housing costs after a rental rejection, or experience other measurable losses.
Not every inaccurate report automatically creates a successful lawsuit. The specific error, reporting procedures, dispute process, legal violation, and resulting damages all need to be considered.
If a St. Petersburg employer, landlord, or other business makes an unexpected adverse decision after a background check, find out what report was used.
Review it carefully rather than assuming the information is correct.
Then preserve:
Do not discard a report after an error is corrected. The original inaccurate report and the history of your efforts to fix it may become important if the mistake caused significant harm.
An inaccurate background check can affect employment, housing, and other important opportunities. Federal law gives consumers rights concerning the accuracy of consumer reports, disputes, reinvestigations, and certain adverse decisions based on those reports.
If you are dealing with a background check error in St. Petersburg, our attorneys are here to help. Call us today or connect with us online to schedule a consultation.
