Background check companies are consumer reporting agencies under the FCRA. Inaccurate reports, missing notices, and failure to investigate disputes can each be worth $100–$1,000 per willful violation — plus attorney's fees.
Under the FCRA, every consumer reporting agency running employment background checks has three core obligations. Each failure is an independent violation.
Before any employer can obtain a consumer report for employment purposes, they must give you a clear and conspicuous written disclosure — in a document that consists solely of the disclosure — and obtain your written authorization. § 1681b(b)(2)
Before taking any adverse employment action based on a background check, the employer must provide you a copy of the report and a written summary of your FCRA rights, giving you the opportunity to dispute errors before the decision is final. § 1681b(b)(3)(A)
Background check companies must follow reasonable procedures to assure maximum possible accuracy of information in their reports. Reporting expunged records, wrong-person records, or incorrect case outcomes violates this standard. § 1681e(b)
Each of the following is an independent FCRA violation worth $100–$1,000 in statutory damages for willful conduct under 15 U.S.C. § 1681n.
Select a company to learn about its specific violation patterns, dispute process, and your legal options.
Used by Uber, Lyft, DoorDash, Amazon, Instacart, and hundreds of gig economy platforms. Recurring complaints include expunged records and mixed-file errors.
Used by Fortune 500 companies globally. HireRight is one of the largest employment screening providers and has faced class action FCRA litigation.
Used by major employers in healthcare, finance, and retail. Sterling Check provides background screening services to thousands of companies nationwide.
Time matters. The FCRA's statute of limitations is 2 years from discovery. Take these steps now.
Under the FCRA, you are entitled to a free copy of your background check report within 60 days of any adverse action taken against you based on the report. Contact the background check company directly and request your complete file disclosure.
Write a formal dispute letter to the background check company identifying each specific inaccuracy, attaching supporting documentation (court records, expungement orders, ID documents). The CRA has 30 days to investigate and respond.
If the error originates from a court record, contact the county clerk or court directly to request a corrected or certified document. For expunged records, obtain a certified copy of the expungement order and send it to both the CRA and the employer.
Always send dispute letters via USPS Certified Mail with Return Receipt so you have proof of delivery and the date the 30-day investigation window began. Save every piece of correspondence, every tracking number, and every response you receive.
Most FCRA attorneys take background check cases on contingency — no upfront cost to you. The FCRA's fee-shifting provision (§ 1681n(a)(3)) means that if you win, the background check company must pay your attorney's fees. There is no financial risk in consulting an attorney.
Consumer protection attorneys take background check FCRA cases on contingency. No upfront cost. If the background check company violated the law, they may owe you $100–$1,000 per violation — plus attorney's fees.