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Unfair Employment Background Checks: Know Your Rights

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Updated on Author: Sergei Lemberg

Updated on Author: Sergei Lemberg

Employment Background Check Rights FCRABackgroundchecks.com 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 BackgroundChecks.com?

Backgroundchecks.com (f/k/a e-backgroundchecks.com, Inc.) was founded in 1999, and is based in Dallas, Texas. The company offers employment background screening services in the United States and internationally. It boasts that over 100,000 individuals and companies worldwide rely on backgroundchecks.com for public records research.” The company’s clients range from “individuals needing a quick instant background check to Fortune 500 companies needing comprehensive background investigations.” Backgroundchecks.com claims to have the “#1 online criminal conviction database in the industry.”

Backgroundchecks.com provides virtually every type of screening and background check. Its pre-employment offerings include criminal and terroristsearches, education and employment verifications, motor vehicle records, credit reports, drug and health screenings, reference and license checks, and Social Security number tracing. It also conducts international searches.

The 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 a “founding member” of the National Association of Professional Background Screeners (NAPBS).

BackgroundChecks.com Contact Information

Background Information Services, Inc.
1800 30th Street, Ste. 204
Boulder, CO 80301

Phone: 303-442-3960

Were You Harmed By False Information or Errors In Your BackgroundChecks.com 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 BackgroundChecks.com fails to meet those standards, the FCRA gives you rights.

If you feel you have been harmed by this Background Check Agency, click 844-685-9200 ☎ NOW to call us or go ahead and fill out our Contact Form. We will fight for your rights. Our services are absolutely FREE to you.

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.

Your Right to an Accurate and Legally-Compliant Report From BackgroundChecks.com

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

Your Right to Dispute an Unfair Report from BackgroundChecks.com

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

Your Right to Sue BackgroundChecks.com if your report includes inaccurate or illegal info

If you lost out on a job or promotion because an BackgroundChecks.com report included inaccurate or illegal information, you may be able to sue in federal court. If you sue and win, you will may be entitled to your actual damages or statutory damages up to $1,000, plus punitive damages, attorneys’ fees, and costs.

Actual Complaints Against BackgroundChecks.com

Hardworking people just like you who lost job opportunities due to an inaccurate or unfair Backgroundchecks.com employment background check report have already sued the company for FCRA violations.

Justialists at least 20 federal civil lawsuits against Backgroundchecks.com, including cases that allege violations of the FCRA due to improper employment screening reports.

For example, on March 9, 2017, a consumer sued Backgroundchecks.com in the federal district court for the North District of Illinois 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 had applied for a job through a temporary staffing agency BG Staffing. As part of the application process, BG Staffing obtained a background check report about the complainant. Backgroundchecks.com 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, Backgroundchecks.com reported sealed criminal information about the complainant to BG Staffing, causing him to lose out on the job opportunity. In addition, the complainant alleged that the report contained duplicative information that made it appear that the complainant had a longer criminal history than he actually had. After receiving the Backgroundchecks.com report, BG Staffing canceled his job interview and handed the complainant a letter stating that it decided not to offer him employment due to the results of the Backgroundchecks.com report.

This is just one of at least 15 federal civil FCRA lawsuits filed against Backgroundchecks.com since 2009. Most of those lawsuits allege that Backgroundchecks.com 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. Several complainants filed their lawsuits as class action complaints, on behalf of themselves and similarly situated people.

The Better Business Bureau has also received 59 complaints about Backgroundchecks.com, including complaints that the company violated the FCRA in connection with employment background checks. Most of those complaints allege that Backgroundchecks.com did not provide accurate driving or criminal history records or did not provide reports at all.

Ready to Assert Your FCRA Rights?

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

● Our 12-year track record of helping hardworking, regular people just like you speaks for itself. We have the experience, knowledge, and dedication to get you the best results possible.
● We’ve helped more than 25,000 consumers recover more than $50 million.
● We work to restore your reputation and get you the compensation you deserve. You focus on living your life.
● We care because we know what it’s like to lose out on a job because a faceless company didn’t follow the law.
● We will fight hard for you and won’t stop. We are not afraid to stand up to big, powerful companies. That’s what we do.
● It won’t cost you a penny out of pocket – you pay nothing until we win money for you.

Our mission is to fight for your rights. ✊

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.

What Our Clients are Saying

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Sergei Lemberg

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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2 COMMENTS
  • derrick e

    An apartment complex my mom lives in has denied me to care for her due to a background check I let them run. The staff of the building called me the next day & said I was denied to care for her. No felonies as far back as 7 years, no history of violence.

  • Ivan J

    A person with the same DOB & First and Last Name with criminal record & jail time at Arizona Penitentiary is all the time link to my profile. Denied jobs & housing and leasing.
    His middle name & SSN is Different though.

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