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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 FCRA

Want to know how to fix Justifacts background check errors and recover money? Justifacts Credential Verification 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 Justifacts?

Justifacts Credential Verification, Inc. (Justifacts) was founded in 1982, and is based in Pennsylvania. The company offers employment background screening services in the United States and internationally. It boasts that “over the course of 35 years, [its] clients have grown into the thousands of small/mid-sized businesses, Fortune 500 companies, and everything in between.”

Justifacts 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
  • Driving records
  • National and international employment and education checks
  • Personal and professional references
  • Drug checks
  • Credit checks
  • 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).

Have questions? Call us now at 844-685-8100 for a Free Case Evaluation.

Our services are absolutely FREE to you.

The harassing company pays our fees.

Were You Harmed By False Information or Errors In Your Justifacts Credential Verification Report?

You may have a claim if a background check error cost you a job

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 Justifacts 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?

A Summary of Your Rights Under the FCRA

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.

Background Check Error Cost you A Job?

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Can I Sue Justifacts if my background report includes errors?

If you lost out on a job or promotion because a Justifacts Credential Verification 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

Hardworking people just like you who lost job opportunities due to an inaccurate or unfair Justifacts employment background check report have already sued the company for FCRA violations. Justia and Pacer lists at least 5 federal civil lawsuits against Justifacts, including cases that allege violations of the FCRA due to improper employment screening reports.

For example, on September 5, 2013, a consumer sued Justifacts in the federal district court for the Western District of Pennsylvania for violating the FCRA in connection with an employment background check and alleged that he lost employment opportunities and suffered emotional distress, reputational harm and other damages. The complainant alleged that a temporary employment agency placed him to work on AAA’s premises as a dispatcher. He successfully performed the job for several months, after which AAA offered him non-temporary employment subject to a background check. Justifacts 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, this company falsely reported that he had been convicted of a misdemeanor when, in fact, it was only a non-criminal traffic violation of failing to carry his registration while driving and he had never been convicted of any crime. As a result of the false report, AAA withdrew its offer of employment and removed the complainant from his temporary position as well.

This is just one of at least federal civil FCRA lawsuits filed against Justifacts and it is similar to FCRA lawsuits filed by other complainants against companies like them. 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.

Contact Information

Justifacts
5250 Logan Ferry Road
Murrysville, PA 15668
Phone: 800-356-6885
Website: https://www.justifacts.com/

Ready to Assert Your FCRA Rights?

Fired or Not Hired Because of a Justifacts 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

“I would like to thank you and your staff for all the help you’ve provided to me. Honestly, you have a wonderful staff that has dealt professionally and been very empathetic at a time in my life when I hit a speed bump.”

“The group at Lemberg Law was professional, courteous, and effective. Their grasp of consumer protection laws and guidelines are second to none, and they work extremely difficult to ensure this procedure is client-friendly.”

“Thank you and your team at Lemberg Law for the exceptional work you did on my behalf. I have never experienced the level of care, professionalism, timeliness in follow-through, and monetary compensation obtained through your firm.”

“THANK YOU SO VERY VERY MUCH for everything you guys did for us…. This was our first time dealing with a situation such as this and you guys made it so straightforward. Thank you!”

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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