A-Check America or A-Check Global is one of numerous employment background check agencies you’re likely to face during your job search. Find out who they are, what they do, and what rights you have under the Fair Credit Reporting Act (FCRA)
What is A-Check Global?
A-Check America, Inc. d/b/a A-Check Global was founded in 1998, and is based in California. The company offers employment background screening services in the United States and internationally. It boasts that it “operates utilizing a personalized single-point-of-contact client services model, with a 200 employee-strong workforce who serve clients from all major industries. According to the A-Check Global website, it is “a stable, double digit growth company with more than 3,000 employer clients and over 12,000 system users.”
A-Check Global provides virtually every type of screening and background check by using the applicant’s name, birth date and social security number including:
Sex offender registry
County, state, national, and federal criminal checks
County and federal civil checks
Global Watchlist Search
National and international employment and education checks
Personal and professional references
Social Security number tracing
They also also offer new hire and post-employment screening. This includes identity and immigration status verifications, employee audits and monitoring, random drug testing, and risk and compliance checks.
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Were You Harmed By False Information or Errors In Your A-Check Global Report?
Whether you get hired or promoted often depends on the information learned 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 and background check companies get consent for and conduct background checks, and what they can do with the information they find.
If a background check company like A-Check Global fails to meet those standards, the FCRA gives you rights.
Background checks are susceptible to errors. Individuals who handle public and private data about you can make mistakes and computer systems can also fail to to be accurate. Here are some of the most common causes for inaccurate info showing on your report:
Wrong or incomplete data in original documents
Typos such as number transposition
Copying, filing, and search mistakes
File corruption in computer system
Outdated negative information
What are my Background Check Disclosure and Consent Rights?
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.
What if I get an adverse action notice from an employer after a background check?
If an employer takes “adverse action” against you by denying you a job based partly or completely on information in a background check report, the employer must give you notice of that fact. The adverse action notice must include the contact information for the background check company and an explanation of your rights to dispute the 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 tenant 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.
Can I dispute a false disposition on my background check report?
If you don’t get a job because of information in a 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 a report, the background check company must investigate and correct any errors within 30 days.
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Can I Sue A-Check Global if my background report includes errors?
If you lost out on a job or promotion because a A-Check Global 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 costs.
Hardworking people just like you who lost job opportunities due to an inaccurate or unfair A-Check Global employment background check report have already sued the company for FCRA violations. Justia lists at least 11 federal civil lawsuits against A-Check, including cases that allege violations of the FCRA due to improper employment screening reports.
For example, on October 21, 2017, a consumer sued A-Check America, Inc. d/b/a A-Check Global in the federal district court for the Northern District of Georgia for violating the FCRA in connection with an employment background check and that he lost employment opportunities and suffered emotional distress, reputational harm and other damages. The complainant alleged that he applied for employment with Delta, subject to a background check. A-Check Global prepared the background check but failed to use reasonable procedures to ensure the maximum accuracy possible of the report as the FCRA requires. According to the complainant, A-Check falsely listed a felony conviction on the complainant’s report when, in fact, he had never been convicted of a felony. Delta refused to hire him and told him it was due to the information in the inaccurate background check report.
This is just one of the federal FCRA lawsuits filed against A-Check Global. Most of those lawsuits allege that they did not take reasonable steps to verify criminal background information and, as a result, falsely branded the complainants as convicted felons and caused them to lose job opportunities. Some complainants filed their lawsuits as class action complaints, on behalf of themselves and similarly situated people.
Actual Complaints Listed on the BBB website
Hello, I recently was asked to use A-Check Global located at **** ******** Park Drive *********, California ***** USA for a background check for employment before starting a new position. In the near future I will be starting a position in Depew, NY that I was selected for by an agency in Tampa, FL. In order to be cleared to start this new position I had to comply with all the information requested by A-Check Global as they performed my background check and reported the information to the agency. When completing the background information online that was needed by A-Check Global, I was asked to provide my employment history, in which I had no problem completing. While completing this portion there was a box that stated “DO NOT CONTACT THIS EMPLOYER” under each employer that I listed. For a few of the employers that I listed within my employment history, I checked this box. In doing so I asked A-Check to not contact these employers and even noted at the end of the document that if they needed anything from me in regards to these employers, to contact me and I would be more than happy to provide them the information they needed. Well I came to find out that even though I asked them to not contact these employers, they did and several times because they weren’t receiving answers from them. They used my personal information, in a way that I asked them not to. They also asked for copies of paystubs and/or W-2’s which I was uncomfortable sending but didn’t feel I had a choice because I am very excited to have been chosen for this new position and wanted to make sure that everything was cleared for me to start at this new position. Also, they contacted my references by phone and email EVERYDAY without really giving my references a chance to respond. When I completed the reference portion of the online paperwork, I asked that the references be contacted via email not by phone, in order to give them a chance to respond, but they were contacted by both phone and email EVERYDAY. Therefore they sent both an email and called each of my references EVERYDAY. They were reluctant to understand that my references were located in EST and that A-Check Global was working in PST. The time difference I am sure played a role in the delay of their reference for me. I also asked them to allow the references time to respond to them because my references were busy with their own jobs and would respond as soon as they could. I am now complete with the process with them but I am very nervous about the personal information that they have of mine. If they contacted employers that I asked them not too, who is to say that they will not do something with my personal information that they are not supposed to. I wanted to be sure to reach out to someone about this, just in case in the future I run into problems caused by A-Check Global, I have it in writing to someone who can hopefully help. This was the worst experience I have ever had with a background check and will ask to use a different company if I ever need to complete another one. I am just very uncomfortable with the personal information they have of mine, as it is very confidential and if used incorrectly can cause me a lot of problems. Thank you
Fired or Not Hired Because of a A-Check America or A-Check Global Employment Background Check? If so, you’re in the right place.
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About the Author:
Sergei Lemberg is a lawyer whose practice focuses on consumer law, class actions and personal injury litigation. He has been repeatedly recognized as the “most active consumer attorney” in the country. In 2020, Mr. Lemberg represented Noah Duguid in the United States Supreme Court in the case entitled Duguid v. Facebook. He is the author of Defanging Debt Collectors, a book that teaches consumers how to battle debt collectors and win.