PeopleTrail Background Check – Dispute False Info or Errors
Unfair Employment Background Checks: Know Your Rights
You may encounter PeopleTrail as you search for a job. The company conducts a variety of employment background checks. Learn more about the company, the services they offer, and their obligations under the Fair Credit Reporting Act (FCRA).
What is PeopleTrail?
PeopleTrail, LLC was founded in 1994, and is based in Draper, Utah. The company offers employment background screening services in the United States and internationally. The company boasts that it is a “leading provider of background and screening services” that prides itself on “bringing the human touch to every report, decision, and relationship.” Peopletrail doesn’t just “spit out data,” but an actual person reviews the reports and assists in every step of the process.
PeopleTrail provides a wide variety of employment background checks, including:
Criminal background check
Social media background check
Identity background check
Financial background check
Immigration status check
Global background check
Driving record screening
PeopleTrail 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 PeopleTrail Report?
When you’re pounding the pavement for a new job, you’re focused on your resume and your interviewing skills. You’re likely not even thinking about employment background screening. Many employers want to run a background check on potential employees, whether to verify the information on their resumes or to guard against embezzlement or fraud. Employers typically contract with background screening companies like PeopleTrail to provide a background report on candidates they’re considering.
The thing is, people make mistakes. So do background screening companies. There are a number of ways an employment background check company – whether PeopleTrail or another company – can deliver a report that may prevent you from getting the job. For example, they might transpose the digits of your social security number or include information that’s more than a decade old.
The Fair Credit Reporting Act outlines your right to a sound background check. It requires the employer to provide you with a notification that is separate from other notices and application materials. In order to order a background check, the employer must obtain your written consent. Further, the FCRA gives you the right to dispute any inaccurate information that could prevent you from being hired, and to sue the background check company for egregious mistakes.
Like any other type of company, a background check company can make errors. The mistakes made by a background check company can, however, have serious consequences. There are a number of types of mistakes that a background company can make, including:
Human error in typing in incorrect search terms
Reporting the history of someone with a similar name, rather than your history
Reporting information that is out of date, such as a credit history more than 7 years old
Transposing the numerals in your social security number
Including negative information that surfaced as the result of identity theft
What are my Background Check Disclosure and Consent Rights?
Under the Fair Credit Reporting Act, PeopleTrail – or any other background check company – must ask the employer to verify that they complied with the FCRA with regard to the law’s disclosure and consent provisions.
The disclosure provisions encompass two elements. The first is providing the job applicant with a separate notification that they want to run a background check. This information can’t be part of an application or other packet of information. The second occurs after they receive the background report. If they plan to use the information to deny the applicant a job, they must tell the applicant that and provide them with a copy of the background report, a notice of the applicant’s rights under the FCRA, and the contact information for the background check company. The consent provision is straightforward: the employer must obtain the applicant’s consent prior to conducting a background check.
What if I get an adverse action notice from an employer after a background check?
It’s not fair to deny you a job based on information you haven’t seen. If you receive a notice from the employer that they are considering denying you a job because of the information in your employment background report, you have rights. You have the right to see the report and to receive the contact information for the company that compiled the report. The employer must also send you a notice outlining your right to dispute incorrect items on your 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.
What if I was deactivated or fired because of an accident and it wasn’t my fault?
The U.S. Court of Appeals for the Sixth Circuit ruled that neglecting to report the at-fault party – or that the accident was no-fault – in a background check can be considered inaccurate information.
Can I dispute a false disposition on my background check report?
You have the right to dispute any false information in your employment background check report. You also have the right to dispute any time-barred information contained in your report. Once you file a dispute, the background check company has 30 days to investigate and correct any mistakes.
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Can I sue PeopleTrail if my background report includes errors?
The Fair Credit Reporting Act recognizes the potential harm cause by inaccurate background check reports and gives you recourse. If an error by PeopleTrail caused you to be passed over for a job or promotion, you may be able to sue in federal court. If you prevail in your lawsuit, you may be entitled to actual damages, punitive damages, up to $1,000 in statutory damages, costs, and lawyer fees.
Complaints Against PeopleTrail
You work hard. You deserve a fair shake when you go through the job application and interview process. There are many people who have sued employment background check companies under the FCRA for inaccuracies or shoddy work.
Sometimes, those FCRA lawsuits charge that the background check company erred in listing criminal convictions or listed expunged convictions in violation of the law. Other times, they allege that the company confused one person for another or contained inaccurate information. Still other times, plaintiffs alleges that the background check company was unresponsive to the person’s dispute about wrong information.
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Ready to Assert Your FCRA Rights?
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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.