Category Archives: Background Check Errors

What everyone should know about employer background checks

Background Check Lawyer in NYC

CBS MoneyWatch contacted me for their story about employment background checks and the widespread violations of consumers’ rights under the Fair Credit Reporting Act.   That federal statute entitles consumers to accuracy — not just with credit reports — but also for employment and housing background checks. Background check companies sometimes rely on partial information, like […]

How To Find Out What’s On Your Background Check

Background Check Error Lawyer - NYC Attorney

  A background check isn’t just about criminal records anymore. There are many things that someone could be searching for, from your credit rating to whether you’ve ever been pursued by a debt collector.   According to the Consumer Financial Protection Bureau’s 2019 report, there are a number of different scenarios in which businesses can request […]

Credit problems may hinder job search

According to a survey conducted by the Society for Human Resource Management, 60% of private employers check the credit histories of some of their job applicants, and 13% check the histories of all potential hires.  https://www.tcpalm.com/story/specialty-publications/your-news/martin-county/reader-submitted/2018/06/07/credit-problems-may-hinder-job-search-wealth-management/681814002/

Ninth Circuit Court of Appeals: FCRA bars background check liability waiver

In Syed, the Ninth Circuit Court of Appeals held that a background check disclosure which included a liability waiver violated the FCRA. This case was significant because the Ninth Circuit is the first federal appeals court to definitively state that the FCRA “unambiguously bars the inclusion of a liability waiver.” The court also notably […]

TransUnion to pay $60 million to consumers flagged as criminals

Gavel and Money

TransUnion will pay $60 million to consumers it mistakenly labeled as possible terrorists or drug dealers, under an order issued Tuesday by a federal jury.  The decision stems from a 2012 class-action lawsuit that alleged the credit bureau failed to notify consumers who were reported to lenders as being included on a “blocked persons” list […]

Job applicants claim inaccurate background check report prevent them from finding a job

Silhouette of a Unknown Person

Some drivers say they have been wrongly barred from jobs due to inaccuracies in their DAC reports, and that HireRight and its rivals don’t do enough to verify claims or correct mistakes. In 2011, HireRight paid $28 million to settle a class-action lawsuit with more than 650,000 plaintiffs who accused it of failing to properly […]

CFPB: SUPERVISORY HIGHLIGHTS CONSUMER REPORTING SPECIAL EDITION (ISSUE 14)

Supervision’s work in the consumer reporting market is ongoing and remains a high priority. Consumer reporting companies and furnishers have an obligation to maintain the accuracy of consumer data, but experience indicates that they lack incentives and under-invest in accuracy. Indeed, these most recent supervisory findings underscore Supervision’s concern about the lack of resources […]

CFPB Oversight Uncovers And Corrects Credit Reporting Problems

Bureau Report Outlines Accuracy and Other Issues That Bureau Supervision Has Taken Action to Address WASHINGTON, D.C. — Today the Consumer Financial Protection Bureau (CFPB) released a report detailing the problems in the credit reporting industry that the Bureau has uncovered and corrected through its oversight work. Since launching its supervision of the credit reporting […]

IF THE CFPB IS WEAKENED, WON’T THE CREDIT BUREAUS RUN AMOK (AGAIN?)

 You can also read Director Cordray’s full remarks on the report to the CFPB Consumer Advisory Board last week. “Consumer reporting, also known as credit reporting, is an important market that for many years has not been very transparent and generally is not well understood by consumers. It is also one of the markets where people […]

Employer Commits Willful Violation of Fair Credit Reporting Act By Including Waiver In Statutorily Mandated Disclosure

In Syed v. M-I, LLC, the Ninth Circuit held that including waiver of potential claims language in the same document as the statutorily required Fair Credit and Reporting Act disclosure was a violation of FCRA.  In sum, the Court ruled that the FCRA rights notice cannot be combined with any other notice or agreement.  It must […]