Failed a Lyft Background Check?

Updated on February 4th, 2021 Author: Sergei Lemberg

Lyft runs background checks on applicants, but what happens if you are rejected? Don’t ignore it, or you may encounter the same problem if false errors remain on your report. You have legal rights under the Fair Credit Reporting Act (FCRA) to fix those mistakes or even sue for damages.

Does Lyft Perform Background Checks?

Yes, Lyft enlists another company, Checkr, Inc., to conduct background checks on current and prospective drivers (except those subject to background checks by the Taxi and Limousine Commission in New York City). All applicants must provide a valid Social Security Number to facilitate this process.

The background check gathers information from numerous U.S. databases – includingthe national Sex Offender Registry – along with court recordsfor convictions as allowed by state and federal law.

Lyft then reviews the results evaluates them in accordance with applicable regulations and its own safety criteria. According to the company, your application may be denied based on your background check if it reveals that you are on the National Sex Offender registry or that you have been found guilty of offenses listed on its website.

Lyft also uses another company called SambaSafety, Inc. to do its DMV checks for disqualifying offenses listed here.

It is also important to note that because Lyft must have your written consent for the background check because it outsources the task.

Lyft and the Gig Economy

Lyft is a website and app that provides on demand access to transportation. After they’ve signed up and downloaded the app, they can use it to find a ride whenever they need one. They can also use the app to see how much each ride will cost and pay the driver.

Lyft also encourages people to sign up as drivers by promoting the opportunity to be their own boss, enjoy a flexible work schedule and secure regular income.

How Much They Promise You Can Earn

Like many of their counterparts in the gig economy, Lyft drivers are independent contractors. This means they use the Lyft platform to secure work, but they don’t actually work for, and aren’t paid by the company. Instead, they receive a portion of the fare paid by passengers for each ride. Lyft drivers also get to keep all tips they receive from passengers, along with bonus payments for working at certain times. This means their earnings can vary greatly.

A 2018 Ridester Independent Drivers’ Earnings Survey, which included responses from 2,600 participants, determined that their average earnings totaled $17.50 per hour. A different report indicates the average monthly salary for Lyft drivers tops out at $377 per month. Conversely, Lyft claims that its drivers working throughout the United States generally make $18.83 per hour, but those in its 25 top markets generally earn $21.08 per hour.

How Do I Qualify To Work For Lyft?

To be a Lyft driver , you must be at least 21 (except in New York City, where you must be at least 18). Depending on where you live, you may have to show proof that you have been driving for at least a year, and meet state and local requirements. You must also pass the background and DMV checks; and have a valid driver’s license, valid registration, valid license plates and valid insurance. Finally, you must have a smart phone so you can access the Lyft app.

The vehicle you intend to operate as a Lyft driver must also meet certain standards . Specifically, it must conform to your locality’s vehicle age requirement (if applicable); be a sedan, meaning it has at least four doors; and equipped with five to eight seats, including the driver’s.

And they’ll also run a background check on you….

What are my Background Check Disclosure and Consent Rights?

A Summary of Your Rights Under the FCRA

You have a right to know if an employer will use information from a background check against you and an employer cannot obtain background check information without your express written consent.

A background check company cannot hand over your information to an employer unless the employer certifies that: (1) it has “clearly and conspicuously” disclosed to you in a separate document that it may obtain a background check; (2) you have authorized it to get the background check; and (3) it will provide you with advance notice of any adverse action based in any part on the background check report, a copy of the report, and a summary of your rights under the FCRA.

Lyft Background Check Complaints

To date, there have been several complaints about Lyft background check reports. For example, one frustrated applicant admitted to having an old misdemeanor on his record, but said it didn’t show up on his background check for another rideshare service. He also said he has a clean driving record, but Lyft rejected him without telling him why.

However, Lyft says it emails copies of reports and information about how to dispute a report to any applicant whose background check reveals potentially disqualifying information.

You Received A Pre-Adverse Action Notice From Lyft. What Are Your Legal Rights?

By law, anyone who uses the information in a background check report to screen job applicants must let any applicant know when they didn’t get the based on the information in the report.

This means you have a right to see what is in the background check. Depending on your specific circumstances, you may also be able to sue the company that requested the background check and rejected your application, or the company that issued the background check report

Can criminal convictions appear on my background check after 7 years?

Yes, but a background check company must take reasonable steps to ensure its report is as accurate as possible. The FCRA also puts limits on the negative information a job screening report can include. A report cannot list civil suits, judgments, arrest records, paid tax liens, accounts in collection or most other negative information after 7 years, or bankruptcies after 10 years. It also cannot list expunged convictions. However misdemeanor or felony criminal convictions that go on record and are accurate can stay on your background check indefinitely.

What if I was deactivated or fired because of an accident and it wasn’t my fault?

You may have legal recourse now if you were fired or deactivated by Lyft because you were involved in a no fault car accident, thanks to a groundbreaking decision handed down by the United States Court for the Sixth Circuit. The court held that material omissions, such as not reporting the fault of an accident, can be interpreted as inaccurate information under the law.

Your Right to an Accurate and Legally-Compliant Report From Lyft

A background check company must take reasonable steps to ensure its report is as accurate as possible.

The FCRA also puts limits on the negative information a background check report can include. A report cannot list civil suits, judgments, arrest records, paid tax liens, accounts in collection or most other negative information (except criminal convictions) after 7 years, or bankruptcies after 10 years. It also cannot list expunged convictions

Can I Dispute an Unfair Background Check Report from Lyft?

If you don’t get a job because of information on your background check report, you are entitled to a copy of the report. You also have the right to dispute the report if it has errors or includes information it shouldn’t.

If you dispute your report, the background check company must investigate and correct any errors within 30 days.

Were You Harmed By False Information or Errors In Your Lyft Background Check Report?

Often, whether you get hired or promoted depends on the information gleaned from an employment background check. A background check can come in many shapes and sizes. It may be as simple as verifying your social security number. Or it may include a detailed report of your credit and criminal history, or even information gathered from interviews of your friends and neighbors about your character and reputation.

Whatever the scope of the background check, the FCRA sets strict standards for how employers background check companies get consent for and conduct background checks, and what they can do with the information they find.

If a background check commissioned by Lyft fails to meet those standards, the FCRA affords you a number of rights.

Your Right to File A Lawsuit Against Lyft if your report includes inaccurate or illegal info

If you lost out on a Lyft job or were suspended or fired because a background check report included inaccurate or illegal information, you may be able to sue in federal court. If you sue and win, you may be entitled to your actual damages or statutory damages up to $1,000, plus punitive damages, attorneys’ fees, and court costs.

Ready to Assert Your FCRA Rights?

Fired or Not Hired Because of an Unfair Background Check? If so, you’re in the right place.

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If you’re ready to assert your rights and fight incorrect information in your background check, we can help you get justice. Complete our form for a FREE case evaluation, or call 844-685-9200 NOW. 

About the Author:

Sergei Lemberg is an attorney focusing on consumer law, class actions related to automotive issues, and personal injury litigation. With nearly two decades of experience, his areas of practice include Lemon Law (vehicle defects), Debt Collection Harassment, TCPA (illegal robocalls and texts), Fair Credit Reporting Act, Overtime claims, Personal Injury cases, and Class Actions. He has consistently been recognized as the nation's "most active consumer attorney." In 2020, Mr. Lemberg represented Noah Duguid before the United States Supreme Court in the landmark case Duguid v. Facebook. He is also the author of "Defanging Debt Collectors," a guide that empowers consumers to fight back against debt collectors and prevail, as well as "Lemon Law 101: The Laws That Lemon Dealers Don't Want You to Know."

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