Want to know how to fix American DataBank background check errors and recover money? American DataBank 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 American DataBank?
American DataBank, LLC was founded in 1998, and is based in Denver, Colorado. The company offers employment background screening services. It boasts that it is “a background screening industry leader” with more than 3000 “diverse clients” ranging from “small, local businesses to global, Fortune 500 companies.” According to the company, its client referral rate is “concrete proof” of the company’s “strong commitment to integrity, value and service.”
This agency 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
This company also offers 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. The company is accredited by the National Association of Professional Background Screeners (NAPBS).
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Were You Harmed By False Information or Errors In Your American DataBank 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 American DataBank fails to meet those standards, the FCRA gives you rights.
Common Mistakes On Employee Background Checks:
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 American DataBank if my background report includes errors?
If you lost out on a job or promotion because a American DataBank 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.
Actual Complaints Against American DataBank
Hardworking people just like you who lost job opportunities due to an inaccurate or unfair American DataBank employment background check report have already sued the company for FCRA violations. Justia lists at least 1 federal civil lawsuits against American DataBank that alleges violations of the FCRA due to improper background screening reports.
For example, on August 2013, a consumer filed a class action complaint against American Data Bank in a case then removed to the federal district court for the Northern District of California for violating the FCRA in connection with a background check and caused her to be terminated from a registered nursing program. The complainant alleged that she had a criminal conviction of a misdemeanor reopened and dismissed after she completed college. After obtaining her degree, the complainant obtained admission to a registered nurses program subject to a background check. American DataBank prepared the background check but failed to use reasonable procedures to ensure the maximum accuracy possible of the report as the FCRA requires. American DataBank purported to obtain a release of liability from the complainant in connection with her authorization for the report, which is not allowed under the FCRA. In addition, the American DataBank report listed the dismissed criminal charges in violation of the FCRA and state law, and dated the criminal conviction (which had been dismissed) five years later than it actually occurred. On the basis of the report, the registered nurses program terminated the complainant.
The Better Business Bureau (BBB) has also received 6 complaints about American DataBank, which complain about the company’s poor customer service and, in one instance, about its failure to honor a complainant’s educational disability accommodation. The complainant settled her individual claim with American DataBank.
Actual Complaints Listed on the BBB website
“I have a legal educational disability accommodation for my school in place. I have asked my school , however they referred me to the vendor, American Data Bank, as the sole determination on documents submitted. The vendor refuses to honor that disability accommodation which is against federal law. I have been trying to get someone @ American Data Bank either by email or phone to assist me. They refuse and only present a “Where’s Waldo” approach to find forms on their web site. I have asked REPEATEDLY for assistance to only get “the same canned email reply” which does not address my issue nor provides any guidance on how to meet American Data Bank’s requirements. When I call them, they tell me only my University can help me. The University informed me they have no control over the vendor and ONLY THE VENDOR can assist me and resolve the open issue. I paid good money for clearances, have obtained all of them with zero issues (all clear), posted them to the web site, however the document from “PA Criminal History Background Form” is constantly rejected citing I use a different form which they refuse to provide to me and how to accomplish it. The document posted is what was generate from PA state, no other form is available that I can find to submit.”
American DataBank, LLC
110 16th St Fl 8
Denver, CO 80202-5202
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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.