You may run across Hire Image LLC during the course of your job search. Find out what this background check company does, and what to do if your background check has inaccurate information.
What is Hire Image?
Hire Image LLC was founded in 2005, and is based in Rhode Island. The company offers employment background screening services, industry-specific background, international and tenant screening and post-hire services in the United States. According to its website, Hire Image “works with clients from all across the country in all types of industries” and obtains background information from over 15,000 courts across the United States every day. The company boasts that its “advanced technology makes the screening process fast, simple and affordable” and that its turnaround times are between 24 and 72 hours, making it “one of the most reliable agencies in the industry.”
Hire Image compiles a background check using a number of different sources of information. An employment background check may include:
Social security number verification
International criminal search
Adverse media coverage search
Social media search
Criminal conviction search
Sexual offender registry search
Civil litigation search
Immigration status check
Hire Image 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 Hire Image Report?
When you’re focused on landing your dream job, issues arising from an employment background check probably aren’t on your radar. Unfortunately, the truth is that the report generated from your background check – whether conducted by Hire Image or another background check company – can mean the difference between getting that job or being passed over for another candidate.
Background check companies aren’t infallible. They make mistakes. For example, they may run across erroneous information and fail to fully investigate. They may mix you up with someone who has a similar name. They may produce information that goes back too far in your past.
That’s where the Fair Credit Reporting Act comes in. The FCRA says that a potential employer has to be transparent if they use a background check as part of their hiring decision. And, you have the right to know if the employer is considering not hiring you because of something in your background check. Most importantly, if the background check company included inaccurate or illegal information in your report, you may be able to sue them in federal court and recover money.
A background check company is no different from any other type of company. The people who work there can make errors and the systems they use can be faulty. Unlike your local retail store, though, a background check company’s mistakes can seriously impact your life. There are a variety of mistakes that a background company can potentially make, including:
Entering an incorrect social security number into a database
Pulling information that is time-barred by the Fair Credit Reporting Act
Gathering information about someone with the same or a similar name, such as confusing Joe Sr. for Joe Jr.
Using databases that have been corrupted by incorrect or missing information
What are my Background Check Disclosure and Consent Rights?
It’s important to understand that, when it comes to employment background checks, you have rights. According to the Fair Credit Reporting Act, you must give an employer permission in writing to conduct a background check. If you do give them permission, and then they deny you employment because of something contained in your background check, the law says that they must tell you so and provide you a copy of your rights under the FCRA.
In fact, in order to obtain a background check company from Hire Image, 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.
What if I get an adverse action notice from an employer after a background check?
An adverse action notice tells you that an employer may deny you a job based at least in part by information contained in your background check report. If you receive that notice, you should also receive contact information for the company that conducted the background report and your rights under the Fair Credit Reporting Act. Under the FCRA, you are entitled to dispute inaccurate information contained in the report.
Can criminal convictions appear on my background check after 7 years?
Criminal convictions can appear on your background check report indefinitely, but the law prohibits background check companies from including any expunged convictions. Other types of items are time-limited. For example, arrest records, actions taken in civil court, debt collection accounts, and paid tax liens can’t be listed if they’re more than seven years old. Bankruptcies can be listed on your background check for up to ten years.
Can I dispute a false disposition on my background check report?
Under the Fair Credit Reporting Act, you are entitled to receive your background report, and dispute incorrect information with the company that produced the report. Once you file a dispute, the background check company is required to investigate the dispute and make any necessary corrections within 30 days.
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Can I Sue Hire Image if my background report includes errors?
If a Hire Image background check included information not allowed by the FCRA or included inaccurate information that prevented you from landing the job, you may be able to sue the company in federal court. If you win your lawsuit, the FCRA says that you may be entitled to actual damages, statutory damages of up to $1,000, punitive damages, attorney fees, and costs.
Complaints Against Hire Image
Hardworking people just like you who lost job opportunities due to an inaccurate or unfair Hire Image employment background check report have already sued the company for FCRA violations. Justia lists at least one federal FCRA civil lawsuits against Hire Image that alleges violations of the FCRA due to improper employment screening reports.
On February 14, 2008, a consumer sued Hire Image in the federal district court for the Northern 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 a staffing company offered him a job subject to a background check. Hire Image 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, Hire Image falsely listed two felony convictions on the complainant’s report when, in fact, the convictions belonged to someone else with a similar, but different name, different birth date and identifying information. Hire Image also failed to inform the complainant it was providing the criminal history information to the staffing company or to provide him a copy of the report until after he obtained confirmation from the local police department through a fingerprint criminal history report that he had no criminal record and provided it to Hire Image.
This case is similar to FCRA lawsuits filed by other complainants against companies like Hire Image. Many of those lawsuits allege that background check companies failed to take reasonable steps to verify criminal background information and, as a result, falsely listed felony convictions, including expunged, outdated, or misidentified the subject of the report. Some complaints allege that background check reports contained inaccurate educational, work, driving, credit or other personal information that the background check company was not responsive or did not properly handle disputes about inaccurate information. Some complainants have filed their lawsuits as class action complaints, on behalf of themselves and similarly situated people
Fired or Not Hired Because of a Hire Image 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.