CHECK THE CHECK — Consumer Rights Under The FCRA
Background checks can influence decisions involving employment, housing, credit, and other important opportunities
Employers and landlords may use background screening information to evaluate applicants. Credit information may also be reviewed when certain financial decisions are made. These reports can contain sensitive information concerning a consumer's identity, employment history, criminal record, and credit history.
But access to that information is not unlimited.
The Fair Credit Reporting Act (FCRA) provides important protections concerning consumer reports and the circumstances under which they may be accessed and used.
When background check information is inaccurate — or when a report is accessed without an appropriate purpose — the consequences for consumers can be significant.
BACKGROUND CHECKS CAN AFFECT MAJOR LIFE OPPORTUNITIES
Background checks are commonly associated with employment and housing applications.
An employer may use a background screening when evaluating a job applicant. A landlord may obtain information when considering a prospective tenant.
As the source article explains, these reports can provide information concerning a person's identity, work history, criminal record, and credit information. Because background reports can contain information capable of affecting major decisions, consumers have important rights concerning how those reports are obtained and used.
THE FCRA PROTECTS CONSUMER REPORT INFORMATION
The Fair Credit Reporting Act is a federal consumer protection law governing consumer reporting and providing rights to individuals whose information appears in consumer reports.
Those protections extend to qualifying background reports.
The FCRA does not allow anyone to access a consumer report simply because they are curious about someone's financial or personal history.
Instead, the party obtaining the report generally needs a legally recognized reason for accessing it.
PERMISSIBLE PURPOSE PUTS LIMITS ON ACCESS
A central protection discussed in the source material is the requirement for a permissible purpose.
In basic terms, a person or company seeking a consumer report must have an appropriate reason for obtaining it.
The source identifies examples including evaluating a job candidate, making a credit decision, and insurance underwriting.
This restriction is important because consumer reports can contain highly sensitive information.
Permissible-purpose requirements create a legal boundary around who may obtain that information and under what circumstances.
EMPLOYMENT BACKGROUND CHECKS COME WITH ADDITIONAL PROTECTIONS
Employment background checks can involve additional requirements.
The attached source states that an employer generally must obtain the consumer's consent before conducting a background check. That means a background screening should not simply occur invisibly when an employer is considering an applicant.
Consumers should pay attention to disclosures and authorization documents presented during the application process and preserve copies of relevant paperwork.
Those records may become important if a dispute later arises over whether a background check was properly authorized.
NEGATIVE BACKGROUND INFORMATION CAN AFFECT EMPLOYMENT DECISIONS
Problems become particularly serious when information contained in a background report contributes to the loss of an employment opportunity.
The source explains that when an employer decides not to proceed with a candidate because of information contained in the report, the applicant has rights relating to information about the decision.
This matters because background reports are not necessarily error-free.
If an employment decision is based on inaccurate information, the consumer may suffer consequences before even knowing what information was reported.
Understanding what appeared on the report can therefore be critical to identifying and disputing an error.
BACKGROUND CHECK ERRORS CAN FOLLOW THE WRONG PERSON
An inaccurate background check can create serious consequences for a consumer.
Incorrect information may potentially concern a person's identity, employment history, criminal record, or credit information.
A background report error can be particularly damaging when the information belongs to someone else or inaccurately portrays the consumer's history.
Consumers who discover incorrect information should preserve copies of the report and any communications concerning the error.
Important records may include:
The background report
Employment or housing applications
Background check disclosures
Authorization documents
Communications with the employer or landlord
Notices concerning an adverse decision
Disputes concerning inaccurate information
Responses from the background screening company
A documented record can become especially important when inaccurate information results in a lost opportunity.
UNAUTHORIZED ACCESS CAN ALSO CREATE CONSUMER PROTECTION CONCERNS
Not every background check problem involves inaccurate information.
The source also identifies unauthorized access as a potential concern.
Because the FCRA restricts access to consumer reports through permissible-purpose requirements, consumers may have reason to investigate when they discover that an unfamiliar company or individual accessed sensitive report information.
The legal issues will depend on the circumstances surrounding the particular report and access.
CONSUMERS HAVE RIGHTS TO INFORMATION ABOUT THE INVESTIGATION
The source further explains that consumers have a right to request a description of the investigation and states that the information must be provided within five days of the request.
Access to information surrounding a background report can be important when a consumer is attempting to understand why an employment, housing, or other decision was made.
Preserving the report and related documentation can also make it easier to identify inaccurate or improperly attributed information.
R23 LAW'S EXPERT LEGAL SERVICES FOR BACKGROUND CHECK VICTIMS THROUGHOUT CALIFORNIA
R23 Law's California Consumer Protection Attorneys represent consumers dealing with inaccurate background reports and other consumer reporting problems.
R23 Law handles matters involving background screening companies, credit reporting agencies, and other entities whose reporting or use of consumer information may implicate rights under the FCRA.
Our attorneys represent consumers dealing with matters involving:
Inaccurate employment background checks
Incorrect criminal record information
Information belonging to another consumer
Background check errors affecting employment
Consumer report errors affecting housing opportunities
Unauthorized access to consumer reports
Permissible-purpose issues
Employment background check disputes
Other potential FCRA violations
When inaccurate background information costs a consumer an employment or housing opportunity, preserving the report, related notices, and evidence of the resulting harm can be particularly important.
YOUR BACKGROUND CHECK SHOULD NOT HAVE A BACKSTORY OF ERRORS
Background checks can influence decisions that affect a consumer's career, housing, and financial future.
That makes accuracy and lawful access important.
The FCRA provides protections governing when consumer reports may be obtained and how background screening information may be used. When a report contains incorrect information or is accessed without an appropriate purpose, consumers should preserve the evidence and understand the rights that may apply.
A background check may be routine.
An inaccurate one can be anything but.
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An inaccurate background report can interfere with employment, housing, and other important opportunities. Unauthorized access to consumer information can raise a different set of concerns.
When background check errors or questionable access cause harm, R23 Law's California Consumer Protection Attorneys can evaluate the report, surrounding circumstances, and applicable consumer protection rights.
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Email: info@R23Law.com
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