You may encounter Advanced Background Services as you search for a job. The company conducts a variety of employment background checks. Learn more about the company, the services they offer, and their obligations under the Fair Credit Reporting Act (FCRA).
What is Advanced Background Services ?
Advanced Background Services, LLC. was founded in 2000, and is based in Indiana. The company offers employment background screening services. According to the company, it provides “fast and accurate research around the nation, over 3100 counties and county-equivalents!” It boasts that it provides pre-employment, tenant and volunteer background screening to “many types of clients nationwide…”
Advanced Background Services provides many types of screening and background checks. These include:
Employment and educational verifications
Motor vehicle reports
Criminal history checks
Sex offender database searches
Terrorist watch list searches
Social security number tracing
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Were You Harmed By False Information or Errors In Your Advanced Background Services Report?
Successfully landing a new job requires focus. Initially, your attention is on submitting a stellar resume and securing and acing an interview. Chances are, you don’t even consider the possibility of an employment background check. The truth is, employers often require background checks prior to offering a candidate a position. They may want to verify that the information on your resume is correct or take a deeper dive to avoid potential problems – like embezzlement or lawsuits – down the road. More often than not, employers don’t do their own background checks. Instead, they hire companies like Advanced Background Services to do that work.
In a perfect world, all of the information about a potential employee would come together so that an employer could get a correct picture of the candidate. The truth is messier. Everyone – including background check companies – make mistakes. It doesn’t matter whether Advanced Background Services is doing the screening or another company takes on the task. The mistakes made can range from pulling the records of someone with a similar name, transposing a social security number, or including information that’s a dozen years old.
Thankfully, the federal Fair Credit Reporting Act protects you from employment background check mistakes. The FCRA mandates that an employer provides you with a standalone notice about your background check, and that the employer obtain your consent to a background check. Under the FCRA, you also have the right to dispute information that could prevent you from landing the job – and sue the background check company if they are derelict in their duties.
Common Mistakes On Employee Background Checks:
Everyone is fallible. Databases contain mistakes. As a result, employee background checks can contain errors. Your background report could include one of the following errors:
Incomplete data transferred from a database
Results from a mistake caused by an incorrect search
Information from someone with the same or a similar name
Mixing up information from a father than son with the same name
Old information prohibited by the Fair Credit Reporting Act
Negative information resulting from identity theft
What are my Background Check Disclosure and Consent Rights?
You have a number of background check and disclosure rights. For example, an employer is required to obtain your written consent in order to conduct a background check. Once the employer receives the background check, they are required to inform you if they didn’t offer you a job or promotion because of the background check.
In fact, in order to obtain a background check company from Advanced Background Services, the employer must certify that a) they’ve given you a standalone document that indicates the employer may conduct a background check; b) that you have given your permission for them to obtain a background check; and c) if they take an adverse action based on your credit report, they will give you a copy and notify you of your FCRA rights.
Your Right to an Accurate and Legally-Compliant Report From Advanced Background Services
An employer has many options when it comes to background checks. One option is an investigative report. If an employer were to ask Advanced Background Services to produce an investigative report, the company would likely speak with your friends, coworkers and neighbors to get a sense of your character and reputation. More common is a credit report, which provides a wealth of information about previous names and addresses, to whom you owe money, how much money you owe, whether any accounts are in collection, and whether or not you make your payments on time. Sometimes, a company will request a comprehensive report that has all of the information they can find, which includes your litigation and criminal background, your immigration status, your driving record, and whether or not you’re listed on various watch lists, such as the terrorist watch list.
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Your Right to Dispute an Inaccurate Report from Advanced Background Services
If the employer is leaning toward not hiring or promoting you based on the information provided in a background check, the Fair Credit Reporting Act requires them to notify you in writing, and send you a copy of the report along with a summary of your FCRA rights.
One of the rights you have under the FCRA is to dispute incorrect items on your background report. It you spot inaccurate information, you should notify both the employer and the background check company. Once you have filed a dispute with Advanced Background Services, the company has 30 days to investigate the dispute and correct any mistakes.
Your Right to Sue Advanced Background Services if there are Mistakes or Illegal Information in Your Report
Another of your rights under the FCRA is your right to take a background check company to court for errors or inappropriate information that causes you to be passed over for a job or promotion. FCRA cases are filed in federal court. If you sue and win, you can be awarded up to $1,000 in statutory damages, actual damages, punitive damages, and court costs and legal fees.
Complaints Against Advanced Background Services
It’s devastating to lose a job or promotion due to mistakes on a background report. Know that you are not alone, and that there are many people who have successfully brought lawsuits against background check companies for violating the FCRA.
In many cases, the lawsuits allege that the background check company didn’t do a thorough job. As a result, the company might have listed criminal convictions that were expunged, mixed up two people with the same name, or included outdated information in the report. In other cases, the lawsuits allege that the background check contained errors, and that the company was unresponsive when the consumer filed a dispute. In cases where the background check company has a track record of the same kind of illegal maneuver, a group of consumers may file a class action lawsuit to seek relief.
Ready to Assert Your FCRA Rights?
Fired or Not Hired Because of a Advanced Background Services 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
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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.