Background Checks and the FCRA
More and more employers are relying on credit reports, background checks and the FCRA (known under the Fair Credit Reporting Act as “consumer reports”) to make hiring decisions. While this increasingly common practice is not necessarily unlawful, employers frequently run afoul the strong protections imposed by the FCRA designed to protect against the unfair use of consumer reports in the area of employment. It is unlawful for any person to use a “consumer report” about you for employment purposes unless you authorized such use in writing. If the employer wants to take adverse action against you, it must first provide you with a copy of the consumer report along with a copy of your rights under the FCRA.
You can fight back against unfair credit reporting practices even if the information in your credit report or background check is accurate. You still have rights under the law. If you have been a victim of unfair credit reporting practices, you may be entitled under the FCRA to monetary damages of up to $1,000 or more! And the employer pays your attorney’s fees!
Do I Need An Attorney? What Does It Cost?
A consumer protection attorney knowledgeable about federal and state credit reporting laws can advise you of your rights. Since employers may use background checks differently in their hiring processes, it is difficult to determine on your own whether a violation has occurred. An FCRA attorney can evaluate your situation and advise you accordingly. The Fair Credit Reporting Act provides for payment of attorney’s fees BY THE EMPLOYER (or defendant) if you prevail. Fair Credit Reporting Act lawyers listed at this website will generally offer representation at no cost to you**, so there is no reason to fight this battle alone!
How Do I Know If I Have A Case?
Call 888-332-7252 for a FREE case review or use our quick contact form. Our attorneys will review the information you provide. With help, you may be able to remove inaccurate information from your background check and/or prevent an employer from taking adverse action until you’ve had an opportunity to dispute the information in your background check. Where your fair credit reporting rights have been violated, a Fair Credit Reporting Help law firm may be able to bring a claim on your behalf under the FCRA for statutory damages to you of up to $1,000, plus any actual damages suffered, plus attorney’s fees.
For a FREE consultation call us at 888-332-7252 or use our quick contact form.
*Thompson Consumer Law Group, PLLC represents consumers in individual and class action lawsuits throughout the United States. TCLG has attorneys licensed in state and federal courts throughout the country. Even if TCLG does not have an attorney licensed in your jurisdiction, it may be able to help you if your consumer issue is with a company located in another jurisdiction.
**Regarding the use of the term “No Cost,” it is our understanding any Firm linked to such a listing offers representation at no out of pocket expense to you and/or on a contingency basis for certain claims or causes of action. However, this site cannot speak for any linked Firm and you must create an agreed on attorney-client relationship with any such Firm.