Background Check Errors

Friday, July 5, 2019

What everyone should know about employer background checks


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 a birth year versus a full birth date, resulting in frequent mixups, experts said. "It's a much harder problem with criminal background reports, because oftentimes there is no date of birth or Social Security number provided," said Adam G. Singer, a consumer protection lawyer.
Read more . . .


Tuesday, February 5, 2019

How To Find Out What's On Your Background Check


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 Read more . . .


Tuesday, October 23, 2018

Texas Company Will Pay $3 million to Settle FTC Charges That it Failed to Meet Accuracy Requirements for its Tenant Screening Reports


Mixing of consumers does not just happen on credit reports.  Tenant screening lists (and employment background checks) suffer from the same issues.
Read more . . .


Monday, June 11, 2018

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. 

Read more . . .


Thursday, December 14, 2017

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 held that the employer willfully violated the FCRA by including the liability waiver in the disclosure, finding that no reasonable interpretation of the statute would allow any language besides a disclosure and authorization.


Our firm represents job applicants subject to background checks.  The Fair Credit Reporting Act governs all consumer reports including employment and housing background reports.
Read more . . .


Thursday, July 6, 2017

TransUnion to pay $60 million to consumers flagged as criminals


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 kept by the Treasury Department’s Office of Foreign Assets Control (OFAC). The list includes terrorists, narcotics traffickers, arms dealers and other criminals who are prohibited from doing business in the U.S.

Read more . . .


Thursday, May 18, 2017

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


Have you been a victim of ID theft?  Check your credit report for errors at  www.annualcreditreport.


Read more . . .


Sunday, March 12, 2017

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 that furnishers in particular have devoted to this important function and the resulting violations of law. We have targeted substantial resources to improve the accuracy of consumer information, and we will continue to do so. We have observed steady progress at consumer reporting companies to improve data governance.
Read more . . .


Thursday, March 9, 2017

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 cannot vote with their feet by choosing another provider if they are dissatisfied, which means that industry incentives and practices are not always aligned with the interests of consumers.
Read more . . .


Thursday, March 9, 2017

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 market, the CFPB has identified significant issues with the quality of the credit information being provided by furnishers and maintained by credit reporting companies.
Read more . . .


Friday, March 3, 2017

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 be a stand-alone document. In determining that the violation was “willful,” the Court held that the “ordinary meaning of ‘solely’ is alone; singly or entirely; exclusively.
Read more . . .


Archived Posts

2019
October
September
August
July
June
May
April
March
February
January
2018
December
November
October
September
August
July
June
May
April
March
February
January
2017
December
November
October
September
August
July
June
May
April
March
February
January
2016

← Newer12 3 Older →


Contact us online to get started today



© 2019 Law Office of Adam G. Singer, PLLC | Disclaimer | Attorney Advertising
60 E. 42nd St., Suite 4600, New York, NY 10165
| Phone: 212.842.2428
75 Montebello Road, Suffern, NY 10901
| Phone: 212.842.2428
445 Hamilton Ave., Suite 1102, White Plains, NY 10601
| Phone: 212.842.2428

About | Practice Areas | FAQ | Consult Request

Law Firm Website Design by
Amicus Creative