What to Do If You Have Errors on Your Background Check Report?

TEXAS BACKGROUND REPORT ERRORS ATTORNEYS

The Fair Credit Reporting Act or FCRA is a federal law that protects consumers from employers, landlords, and companies that produce background check and tenant screening reports when there are errors.

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Employer’s Duties Under the FCRA

First, your employer must have your permission or consent to pull a background check report on you.

If you are denied a job or a promotion then the employer must give you a copy of the background check report, a document called Summary of your Rights under the Fair Credit Reporting Act, and notice to dispute any errors on your credit report BEFORE the employer take any Adverse Action against you.

You have the right to dispute the errors on your background check report BEFORE the employer denies you a job or a promotion.

Second, if you discover errors on your background check report then you should immediately dispute the errors with the background check company and keep copies and records of your disputes. Also request the background check company to send updated reports to your employer after the investigation is completed.

Third, if your employer take adverse action against you (denies you the job or promotion) then According to the FTC, under the FCRA adverse action notices must include the following information:

  • (1) The name, address and phone number of the consumer reporting agency that supplied the report
  • (2) A statement that the consumer reporting agency didn’t make the adverse decision and can’t explain why the decision was made.
  • (3) Notice of your right to a free copy of your credit report from the consumer reporting agency if you ask for it within 60 days.
  • (4) Notice of your right to dispute the accuracy or completeness of any information provided by the consumer reporting agency.
  • (5) Your credit score(s), if the score(s) was used to evaluate your application for credit.

Landlord’s Duties Under the FCRA

First, your Landlord must have your permission or consent to pull a background check report on you, unless a Court has issued a judgment against you.

Second, if you discover errors on your tenant background check report then you should immediately dispute the errors with the tenant background screening company and keep copies and records of your disputes. Also request the background screening company to send updated reports to your landlord after the investigation is completed.

Third, your landlord took an Adverse Action against you, such as:

  • (1) Denying your application;
  • (2) Requiring a co-signer on your lease;
  • (3) Requiring a deposit that would not be required for another applicant;
  • (4) Requiring a larger deposit than might be required for another applicant; and
  • (5) Raising the rent to a higher amount than for another applicant.

Fourth, if your landlord take any Adverse Action against you then they MUST give you an Adverse Action Notice letter.

An Adverse Action Notice informs you about your rights and how to dispute errors on your tenant background screening report. The Adverse Action Notice MUST include:

(1) The name, address, and phone number of the consumer reporting company that supplied the report;

(2) a statement that the company that supplied the report did not make the decision to take the unfavorable action and can’t give specific reasons for it; and

(3) a notice of the person’s right to dispute the accuracy or completeness of any information the consumer reporting company furnished, and to get a  free report from the company if the person asks for it within 60 days.

What Can You Sue the Employer, Landlord, or Background Check Company for Violating your Rights under the FCRA?

(1) Economic damages resulting from the errors; and

(2) Attorney’s fees and court costs.

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