Lost a Job Due to A False Background Check or Denied Credit Due to False Credit History

What you can do if you apply for a job, and when they did a criminal background check, the company that was doing the background check reported that the person was a criminal, or if you are turned down for credit based on false information.

What happened?

The first thing to look at is what happened. If you are applying for a job that required that you undergo a background check, you have certain rights. There are several kinds of background checks, including credit report, criminal history, and at a higher level, secret and top secret background checks.

What do you do if the background check says something false? What if they said that you were a felon in a state you had never even visited?  What if you apply for credit and it says you defaulted on a car loan in a different state?

Responsibility of Background Check Company

Background checks and credit reports are subject to a law called the Fair Credit Reporting Act. In that statute, they are required to have a procedure to assure maximum possible accuracy. Not that it must be accurate, but only that they have a procedure to try to be accurate.

Responsibility of the employer

The employer may bear some responsibility as well. Employers and creditors are required to notify you if you are turned down for a job or turned down for a job based on your background or credit file.  Their failure to notify you that you have the right to correct the file is a violation.

Do you need an Attorney Experienced in the Fair Credit Reporting Act?

If you are turned down for a job based on a credit or background check, or turned down for credit based on a credit report, you may need to consult a lawyer experienced in the Fair Credit Reporting Act.

If you need help with this, Krumbein Consumer Legal Services is experienced in litigating background check errors, and credit report errors.


OUR FEES: Our fees are controlled by the local rules and your situation. They may vary from “free” or probono representation to a flat fee to an hourly fee, depending on your situation.

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You can call us: 804.592.0792
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Krumbein Consumer Legal Services, Inc.
1650 Willow Lawn Drive
Suite 201
Richmond, VA 23230