Failed a Thumbtack Background Check?

Updated on April 3rd, 2019 Author: Sergei Lemberg

Thumbtack runs background checks on applicants, but what happens if you are rejected? Don’t ignore it, or you may encounter the same problem if false errors remain on your report. You have legal rights under the Fair Credit Reporting Act (FCRA) to fix those mistakes or even sue for damages.

Does Thumbtack Perform Background Checks?

Yes. Thumbtack requires that “pros” using its site to find work must agree to and pass a background check conducted by Checkr, Inc., in order to have a background check badge displayed on their profile page. Thumbtack also notes that it receives the results after Checkr conducts the background checks using a national criminal database and that the contents can vary greatly by state.

According to Thumbtack, it takes approximately 10 to 17 business days for pros to get their background check results, which are sent by email. Pros that don’t’ get their results within that timeframe are encouraged to contact Thumbtack.

Thumbtack does not list disqualifying offenses. However, it does stipulate that the results of any background check that “isn’t clear” may affect that pro’s eligibility to be on Thumbtack. Thumbtack also says it bases its decision in such cases on the essence of the information provided in the background check report.

It is also important to note that because Thumbtack must have your written consent for the background check because it outsources the task.

Thumbtack and the Gig Economy

Launched in 2011, Thumbtack is a digital platform that allows people in need of professional services to hire people that provide them. Specifically, its website and app allow users to search for service providers based on information contained in their profiles, prices, ratings and so forth. Customers can then contact the service providers to message the pro, request a call or estimate, or check the pro’s availability. Pros can then respond accordingly.

Thumbtack also allows people to sign up as service providers or “pros.” Once they have done so, they can create profiles to where they can share information about their businesses, photos and reviews.They can then use Thumbtack as a forum where they can respond to customers who contact them, or search available jobs themselves.

How Much They Promise You Can Earn

Pros are independent contractors who use Thumbtack as a tool to promote their businesses and find work. As such, they are not actually employed by Thumbtack. With that being stated, there is anecdotal evidence dating to 2016 that the median salary for pros that secure work through the platform is $61,000 per year; and that more than 40 percent of “full-time pros” earned $50,000 per year. Additional anecdotal evidence indicates that skilled professionals have earned $46 to $85 per hour, depending on the services provided.

However, there is a significant catch. In exchange for allowing pros to obtain work through the platform, Thumbtack charges them for the “leads, ” or contacts with customers that it facilitates.

How Do I Qualify To Work For Thumbtack?

To be a pro on Thumbtack , you must be at least 18 and you must be legally permitted to enter enforceable contracts in accordance with applicable laws. Furthermore, you must be fully qualified and experienced, and meet all regulatory and insurance requirements necessary to do the work you’ve agreed to in the relevant jurisdiction.

And they’ll also run a background check on 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.

Thumbtack Background Check Complaints

Frustrated pros have expressed concerns about Thumbtack background checks on various Internet forums. In one case for instance, someone said he had been working with prospective clients through the platform for a few months before he agreed to have a background check to earn Thumbtack’s “seal of approval.” However the enhanced background check unearthed a conviction for a theft of less than $500 more than 10 years before. To his dismay, he said, his account was closed and deactivated. He also wondered why the background check wasn’t required during registration.

You Received A Pre-Adverse Action Notice From Thumbtack. What Are Your Legal Rights?

By law, anyone who uses the information in a background check report to screen job applicants must let any applicant know when they didn’t get the based on the information in the report.

This means you have a right to see what is in the background check. Depending on your specific circumstances, you may also be able to sue the company that requested the background check and rejected your application, or the company that issued the background check report

Your Right to an Accurate and Legally-Compliant Report From Thumbtack

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 Background Check Report from Thumbtack

If you don’t get a job because of information on your 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 your report, the background check company must investigate and correct any errors within 30 days.

Were You Harmed By False Information or Errors In Your Thumbtack Background Check Report?

Often, whether you get hired or promoted depends on the information gleaned 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 background check companies get consent for and conduct background checks, and what they can do with the information they find.

If a background check commissioned by Thumbtack fails to meet those standards, the FCRA affords you a number of rights.

Your Right to File A Lawsuit Against Thumbtack if your report includes inaccurate or illegal info

If you lost out on a Thumbtack job or were suspended or fired because a 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 court costs.

Ready to Assert Your FCRA Rights?

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

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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. 

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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