Claims Against Background Report Sellers
When going for employment, an apartment to rent, or a condo
association to move into, it is quite popular for background
reports to be run on the applicant. However, many times, those
background reports come in with errors - causing a potential
employer to believe the applicant has committed crimes when he or
she has no record at all. The Fair Credit Reporting Act governs
these reporting agencies. Here are the issues that arise with
background reporting agencies:
> Mixed information appearing on your file.
The most common problem we come across is when a person
subjected to a background search finds that there is information
reported about them that is untrue. Often times, people with common
names can find that their information is mixed with another. That
may be because the background reporting company may not be using
all reasonable procedures to assure maximum accuracy in reporting.
Perhaps they are only matching up a first name, last name and date
of birth. Regardless, if a reporting agency is giving false
information, they may be liable to you for the loss of employment
> Failing to warn that public information is being provided
that may be harmful.
The Fair Credit Reporting Act requires that when a reporting
agency is about to send information to a potential employer that
contains a public record (such as a criminal record or judgment),
and that information may have a negative effect on the applicant,
the reporting agency must notify the applicant of the fact that
this information is being reported and to whom it is being
reported. Or, if they don't wish to send out this notice to the
applicant, then the reporting agency must maintain strict
procedures to insure that the public record is complete and up to
> Investigate into false/inaccurate information.
Just like the credit bureaus, Trans Union, Equifax and Experian,
are under an obligation to conduct a reasonable investigation when
a consumer disputes he inaccuracy of the credit report, so too must
a background reporting bureau. If incorrect information appears on
a background report, and the consumer/applicant notifies the
reporting bureau of this inaccuracy, the reporting bureau must
conduct an investigation, free of charge, into the reporting. The
agency must then report back the results, and if the information is
removed, offer to send this new report to any person or company
that received your incorrect report in the recent past.