Companies rely on Checkr to verify an applicant’s employment, driving, and criminal history. 

Background check companies must complete these records as accurately as possible, according to the FCRA. In addition to keeping up with background checks (roughly 1.5 million per month), Checkr is facing several FCRA lawsuits from people claiming that service has published incorrect background reports, costing people their current jobs and future employment.

During the past five years, Checkr has faced at least 80 lawsuits related to the Fair Credit Reporting Act. Even though 80 lawsuits out of 1.5 million might not seem like much, most of these cases are due to consumers not knowing their rights under the FCRA. The 80 lawsuits make Checkr the most frequently sued background check company.

It is also common for companies that frequently use Checkr to be sued. Specifically, Uber is facing its class action lawsuit alleging that Checkr uses criminal history reports to determine the work-eligibility of drivers.

Common Errors

These are the three most common mistakes made during background checks:

• Criminal records that contain incorrect information, such as dispositions (for example, “guilty” instead of “not guilty”) or severity (for example, misdemeanors listed as felonies).
• Reporting out-of-date information – The record of an expunged conviction or criminal record should not appear on a background check.
• Criminal records belonging to someone else with the same or similar name appear on another person’s report by mistake.

The consequences of any of these mistakes could endanger a consumer’s current or future employment.

Next Steps

If you are denied a job due to errors in your background check, follow these steps.

1. Request a copy of the background report. Even if the employer declined your application, you have a legal right to the information.

2. Dispute the report with the background reporting agency. Maintain an accurate record of any communication with the company.

3. Wait for the agency. They have 30 days to investigate the claim and five days to notify you of the results.

4. Opt out of arbitration if applicable to preserve your legal rights.

5. Contact a consumer protection attorney. If your claim is not adequately investigated, or the results do not represent factual information, don’t delay your legal action.

Send our experienced consumer protection attorneys an email through our contact page. Provide as much detailed information as possible, and we will assess your case.