First Advantage Corporation 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)
First Advantage Background Services Corp., which also does business under First Advantage Corporation (“First Advantage”), is a Symphony Technology Group Company that was founded in 1990, and is based in Georgia. The company offers employment background screening services in the United States and internationally. It boasts that it has “26 locations, with 4,000+ employees completing background checks in 200+ countries and territories.” Due to its “robust combination of searches and services” that help clients from small business to global companies reduce risk and “dramatically” improve the quality of their talent, First Advantage has become “a trusted partner to over 35,000 organizations worldwide.”
The company 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 offer post-employment screening, including drug testing. 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 First Advantage Corporation 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 First Advantage 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 First Advantage Corporation if my background report includes errors?
If you lost out on a job or promotion because a First Advantage 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 First Advantage employment background check report have already sued the company for FCRA violations. Justia and Pacerlists at least 82 federal civil lawsuits against them, including cases that allege violations of the FCRA due to improper employment screening reports.
For example, on December 11, 2017, a consumer sued the agency in California in a case pending in the federal district court for the Northern District of California 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 she applied for a job with Marmaxx Group DC, which required a background check as part of the application process. First Advantage 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, the company falsely listed two misdemeanor convictions on the complainant’s report when, in fact, the complainant was not the defendant charged with the misdemeanors and was never convicted of such misdemeanors. As a result of the inaccurate background check, Marmaxx declined to hire the complainant.
This is just one of dozens of federal civil FCRA lawsuits filed against First Advantage. Many of those lawsuits allege that the agency 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 BBB and the Consumer Financial Protection Bureau (CFPB) have also received complaints alleging First Advantage violated the FCRA in connection with employment background checks. The BBB has received 73 complaints about First Advantage in the last three years, with 25 closed in the last 12 months. The CFPB has received 265 complaints about this CRA since December 2012. Most of the complaints to the BBB and CFPB allege that this agency reports falsely listed felony convictions, included expunged, outdated, or incorrect information, or misidentified the subject of the report. Some complaints also allege that FA was not responsive or did not properly handle disputes about inaccurate information.
First Advantage 1 Concourse Parkway NE, Suite 200, Atlanta, GA, 30328. Phone: 800-888-5773 Website: https://fadv.com/
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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.
This company is a joke.
I have been waiting a month to get a background check back.
I worked for Walmart over a year ago and passed the background check .
I quit for another job , but decided to come back to Walmart. First Advantage is holding up my background check up.
I have had background checks with DHR ( CPS) for foster care the past 3 years and each time it only took a week.
I’m pretty sure if I passed a background check for foster care , then I shouldn’t have a problem with this check. Nothing has changed , except my job history. I have called multiple times and they say they are waiting on court documents.
My HR manager called and ask that it be expedited and was told it would be finished today . Nov.18. This morning I got a call from a supervisor at First advantage and she said it would be finished today Nov 18th. Well 7pm CT I called and they said they are still waiting on court documents. This company is holding individuals up from getting employment.
This company needs to be shutdown.
I need a job and a paycheck but due to First Advantage that isn’t happening.
First Advantage has pushed the report ETA back 4 X
Report was requested 11/7/2021 since then the report ETA has been as follows:
11/7 report ETA 11/10
11/7 report ETA 11/19
11/11 report ETA 12/10
12/10 report ETA 12/17
12/17 report ETA 12/24
and still waiting
This company is trash. And it blows my mind that a billion dollar company like Walmart uses these clowns services.
AUGUST 22ND submitted my background check. Today is SEPTEMBER 24th. And they are still processing my background check!!! First Advantage needs to change their name. They aren’t first at anything.
I had my background check done May 22 and here it is July 4th and my background is still being processed wow I was forced to apply for another job which that company used first Advantage to do a background check on me and I passed.
I haven’t been in trouble with law since 2006. But first advance stop me from getting a job with FedEx. Can they go back that far. Because application only ask for last 7 years..
As an employer, I have a duty & responsibility to protect employees’ information. First Advantage routinely sends over VOE requests without the required employee’s signature to authorize release of information. They then follow up with telemarketing-type phone calls, ostensibly to confirm receipt of fax, but really they’re pushing to get info verbally – which we NEVER give. After not hearing from them for many months, I have just now received 3 of these in the past 10 days (doing the rounds again & we’re back on their hit list?). Each time that I do not respond to a request, they send me one for a different person, & then for a third individual. To me that looks suspiciously like “phishing”; if they don’t get anywhere with one, try another etc. I have no idea what they’re gathering information for, but I personally do not trust their motives &, in my opinion, their whole operation seems sloppy & unprofessional at best & downright nefarious at worst.
I was offered a position with UHG and was due to go in as an alternate on August 6,2019 training class if anyone did not show up. As of Aug 6,2019 everyone showed up for that training class so I would start the training class that starts September 17,2019. My background came back fine on July 16, 2019 So since I would now start the training class in September 16, 2019 I would need to do another background check and drug screen. So now another background check was done on August 7,2019 I now have an aggravated assault charges with a weapon, and a charge of contributing to the delinquency of a minor which are not my charges. I’ve been arrested before 23 years ago and not for the charges they say I have in 2004. This has really taken a toll on me mentally! I have disputed the charges but how can they pull someone background inaccurately. One other thing I must point out is that when I called First Advantage the gentleman acted as if he got mad with me for being upset with the inaccurate information. I am so stressed out with this because I lost my job of 13 years and I really need this job. I am just telling everyone about my experience with this company.
If the employer ask for a seven year check will they still see felony convictions from 14 years ago?
Further to my last comment, I was recently made aware by an ex-employer that these clowns were hounding them with phone calls despite the company requesting the check having clearly instructed them to “stop” the check.
Why does this agency force all persons to disclose there SSN# when you offer and provide your state DL# ? They seem to ignore the privacy act of 1974. It’s funny how the FBI can run there own background check for gun purchases and is NOT required. Does this agency know or have more information than the FBI ? Wonder if they are building their own records/files on people since there a software corporation ?
They sent me a set of login credentials that never worked, so I had to generate a new passwors, wasting my time.
Their UI kept prompting me to fill in driver’s license info despite that being optional. I couldn’t do anything else that whole day.
I had uploaded my experience letter from the previous employer. But after 13 days, they sent me an “Insufficiency” email stating I had not provided them that. Makes me worry about what else they may have misplaced.
I called the prospective employer today and rejected their offer.
These people have caused severe stress to me and others trying to hire on with fedex in Syracuse NY. They take toooooo long, reports are not factual,many errors. They almost cost myself and another a job. Now they cost another a job, they do 3 attempts and close the case. The responding past employers have 30 days by law to respond. They said I never reported for a drug screen. Thankfully I had the chain of custody form. This is a big problem. Fedex should do something or they should be sued.
I have been working as a temp for 10 months and was offered a position with the company. First Advantage conducted my back ground check. there were errors in their reporting wrong addresses and my education. I provided proof and First advantage refused to correct the findings. I disputed the facts but no changes this was sent to the company and my offer was rescinded
I was denied a teaching position at because of a failed background check by First Advantage I need an urgent copy of the report which I plan to dispute
It has caused me immense emotional stress
I feel that I may have been harmed by the false content of a background check conducted by First Advantage. I never consented in writing to the background check, and the hiring company has yet to advise me of my status.
A job offer was rescinded due to a background check by a third party provider that had searched for the dates between 9-25-11 and 9-25-18. My sentencing date was 1-24-11. The FCRA legislation in California permits only a 7 years background check. I want to understand why this company went past the 7 year rule and why the courthouse released it in the first place. They stated that this is due to the fact that it is 7 years from the end of probation but I was under the support
Concerned about the check that was sent.