Be on the lookout for Universal Background Screening as you go about your job search. Universal Background Screening conducts background checks on behalf of employers. Discover what the company does and how it relates to the Fair Credit Reporting Act (FCRA).
What is Universal Background Screening?
Universal Background Screening, Inc. was founded in 2002, and is based in Arizona. The company offers employment background screening services in the United States and internationally. The company describes itself as a “leading provider of comprehensive employment background checks” that “provides businesses certainty in the employment process…”
Universal Background Screening conducts employment background checks by looking at many different types of records, including:
County, state, and federal court searches
Criminal databases
Driving records
Credit reports
Patriot Act search
Social security number tracing
UBS also offers verification services, such as education verification, employment verification, license verification, and reference interviews. Universal Background Screening 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 Universal Background Screening Report?
Many employers use the background check as a cornerstone of their hiring decision. In other words, if your potential employer sees something they think is shady, you may not get a job offer. The thing is, the type of background check an employer conducts can vary greatly. Some employers request a cursory check, while others go so far as to search your social media accounts. Unfortunately, you may never know whether or not something in your background check is incorrect.
Whatever the scope of the background check, the Fair Credit Reporting Act outlines legal parameters regarding obtaining your consent for a background check and how potential employers can use that information.
If a background check company like Universal Background Screening fails to meet those standards, the FCRA gives you the right to challenge their findings and even sue them.
No one is perfect. This includes background check companies. They make mistakes – mistakes that can cost you your dream job. A background report can contain different types of errors, 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?
An employer can’t go behind your back to obtain a background check. According to the law, you have to give written consent in order for them to do so. If you give them permission and they use the information they receive to deny you employment, they must tell you so.
In order for Universal Background Screening to lawfully provide a potential employer with information from a background check, the employer must certify that they’ve clearly disclosed that they will seek a background check, that you’ve authorized the background check, and that they’ll provide you with a copy of the report and a summary of your FCRA rights if the information is used against you.
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 after seven years, but other types of information are time-limited. For example, arrest records, civil litigation, debts in collection, and paid tax liens more than seven years old cannot be listed. Bankruptcies more than ten years old cannot be listed. Expunged convictions can never be listed, but other criminal convictions can remain on your background check with no time limit.
Can I dispute a false disposition on my background check report?
Absolutely. If your background check includes an error that impacts your ability to get the job in question, you have the right to a copy of the report and you have the right to dispute the report. The background check company has an obligation to investigate your dispute and correct inaccuracies within 30 days.
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Can I Sue Universal Background Screening 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 Universal Background Screening 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.
Actual Complaints
Hardworking people just like you who lost job opportunities due to an inaccurate or unfair Universal Background Screening employment background check report have already sued the company for FCRA violations. Justia lists at least 5 federal civil lawsuits against UBS, including cases that allege violations of the FCRA due to improper employment screening reports.
For example, on August 31, 2015, a consumer sued Universal Background Screening in a case removed to the federal district court for the District of Arizona 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 DCS Corporation hired him as an engineer subject to a background check. UBS 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, Universal Background Screening inaccurately reported his current employment, reasons for leaving prior employment and eligibility for rehire and falsely noted a “discrepancy” between information he provided and “verified” information. Due to the inaccurate information in the report, DCS Corporation rescinded the complainant’s job offer. The complainant disputed the inaccurate information multiple times, but UBS failed to reinvestigate or correct it.
This is just one of the federal civil FCRA lawsuits filed against Universal Background Screening. Those lawsuits allege that UBS did not take reasonable steps to verify criminal or other information or failed to obtain proper authorization or FCRA-required notices. Some complainants filed their lawsuits as class action complaints, on behalf of themselves and similarly situated people.
Contact Information
Universal Background Screening, Inc. P.O. Box 5920 Scottsdale, AZ 85261 Phone: 877-263-8033 Website: https://universalbackground.com/
Ready to Assert Your FCRA Rights?
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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."