COMMON BACKGROUND CHECK REPORT ERRORS AND MISTAKES TO AVOID FOR APPLICANTS AND EMPLOYERS

4/5/2024

BACKGROUND CHECK ATTORNEYS IN MICHIGAN

What are some steps employers and applicants can do to help reduce the risk of background check report errors?

PRACTICAL CONSIDERATIONS TO AVOID BACKGROUND CHECK MISTAKES

Introduction

Any background check lawyer will attest that when it comes to background check reports, accuracy is crucial. Background check report errors can have serious consequences, from missed job opportunities to denied housing. Because individuals can suffer serious harm because of errors in their background check report, it is not uncommon for background check errors to also lead to lawsuits.

Our Michigan background check lawyers can help explore some of the most common background check report mistakes and how to avoid them.

Background Check Report Mistake: Failing To Double Checking Details
One of the biggest mistakes employers make when reviewing background check reports is not double-checking the details. It's essential to verify all the information in the report to ensure the accuracy of the background check report.

Background Check Report Mistake: Ignoring Discrepancies In The Background Check Report
Another common mistake when reviewing background check reports is ignoring discrepancies in the background check report. If you notice any inconsistencies or errors, it's crucial to address these.

Background Check Report Mistake: Failing to Provide Documentation
Some applicants fail to provide documentation to support their background check report. It's essential to keep all relevant documents handy to validate the information in the background check report.

Background Check Report Mistake: Relying Solely on Online Databases
Although online databases can be a useful tool for background checks, relying solely on these databases can lead to errors. Background check companies utilize various procedures and processes for compiling data and then storing and matching this data to individuals. Therefore, online database may not always contain the most recent information, or even consistent information about individuals. Utilizing multiple sources to verify information is both preferable and essential to ensuring accuracy.

Conclusion

By avoiding these common background check report mistakes and taking the time to review and verify the information in a background check report, employers and applicants can help ensure the accuracy of background check reports to prevent potential issues in the future. Remember, accuracy is key when it comes to background checks and utilizing more sources for information should help verify the accuracy of information contained in a background check report.

WERE YOU DENIED EMPLOYMENT BECAUSE OF BACKGROUND CHECK REPORT ERRORS?

Schedule A Free Zoom Consultation With A Background Check Attorney Today. No Office Visit Needed To Start.

If you were denied employment because of background check report errors, a background check attorney can help you dispute errors in your background check report and pursue damages in accordance with consumer protection laws. You may be entitled to compensation and damages if you were denied employment because of errors in your background check report.

Attorney Nick Hadous is an accomplished litigator and author in consumer protection litigation. He serves on the Litigation Advisory Board for the Institute of Continuing Legal Education (ICLE) where he is a content contributor and author in consumer protection litigation. If you were denied employment or housing because of an error in your background check report, we can schedule you for a free phone or Zoom consultation. Please contact us by using our contact form below.

Background Check Lawyers - OVERVIEW OF BACKGROUND CHECKS IN EMPLOYMENT

4/5/2024

BACKGROUND CHECK LAWYERS IN MICHIGAN

Understanding The Importance of Background Check Reports in Employment
Background check reports play a crucial role in evaluating the suitability of potential candidates during the employment application process. Background check reports provide employers with information pertaining to an individual's past employment history, criminal records, and educational background. This is especially important for employers who hire employees that interact with the public or minors, such as Uber or Lyft drivers, school staff, and other employees who interact with the public. This is also important for positions that require a high level of trust, such as banking or positions where the employee will be handling large or moderate sums of money. By verifying the information provided by applicants and uncovering any discrepancies or red flags, employers can protect their organizations and the public from potential risks and liabilities.

Employers must be careful to ensure that they follow reasonable hiring, screening, and retention policies to not only protect the safety of others, but also to protect the employer in the event of a lawsuit.

By reviewing an applicant’s background check report, employers can make more informed decisions during the hiring process.

Components Of A Background Check Report
A typical employment background check report includes various components such as employment verification, education verification, criminal record checks, credit history checks, and reference checks. Each of these components helps the employer evaluate the candidate's background and qualifications.

Therefore, it is essential to ensure that you have an accurate background check report. Background check errors can cost you a job or housing. A good background check attorney can help you dispute background check errors and may also be able to help you recover damages if you were denied employment or housing because of background check errors.

EMPLOYMENT BACKGROUND CHECK LAWS

Ensuring Compliance with Legal Regulations
Employers should conduct background check reports in compliance with legal regulations to protect the rights and privacy of applicant candidates. Adhering to federal and state laws governing background checks ensures that the application process is conducted fairly and transparently, without violating the applicant’s rights or privacy laws.

Fair Credit Reporting Act Background Checks
The FCRA governs employer background checks and addresses background check errors.
Before the background check report:
Applicant Consent For Background Check Report:
Prior to conducting a background check, employers must disclose in writing to the applicant that the employer may conduct a background check which could affect the employer’s employment decision. The employer’s disclosure must be conspicuous and presented on its own (i.e., not in a bundle of documents).
The applicant must agree in writing to the background check.
Certification To Background Check Comnpany
The employer must certify to the background check company that the employer:

notified the applicant ad obtained the applicant’s permission for the background check report,
the employer complied with all the FCRA requirements; and
won’t discriminate against the applicant or misuse the information in violation of federal or state equal opportunity laws or regulations.

Note on Michigan Background Check Laws: Under Michigan law, employers may not ask an applicant about a misdemeanor arrest that did not result in a conviction. Employers may ask about felony or misdemeanor convictions or felony arrests which did not result in a conviction.

After The Background Check Report
Before taking adverse action, an employer must provide the applicant with written notice that includes a copy of the background check report that the employer relied upon to make its hiring decision, as well as a copy of "A Summary of Your Rights under the Fair Credit Reporting Act."
By providing the aplicant the notice in advance, the applicant has an opportunity to review the background check report and explain any negative information or address any background check error.

If a background check leads to an adverse decision against hiring an applicant, an employer must notify the applicant that the applicant was rejected because of information in the background check report. The employer must also provide the applicant with the name, address, and phone number of the background check company that issued the report, as well as an explanation that the background check company that sold the report did not make the hiring decision and is unable to provide specific reasons for the employment decision.

The applicant must also be informed that the applicant has the right to dispute the accuracy or completeness of the background check report, and to get an additional free report from the background check reporting company within 60 days.

Conclusion
Background check reports play an important role in the employment process by providing employers with a way to screen candidates and to assess a candidate’s qualifications. By conducting thorough background checks, employers can make informed hiring decisions while minimizing the risks and liabilities. However, background check errors are not uncommon, so it is important for applicants to review their background check reports and to speak to a background check lawyer if you were denied employment because of background check errors.

WHEN TO SPEAK TO A BACKGROUND CHECK ATTORNEY

If you were denied employment because of background check report errors, you should speak to a background check attorney to help you dispute those errors and to seek relief in accordance with consumer protection laws. You. may be entitled to compensation and damages if you were denied employment because of errors in your background check report.

Attorney Nick Hadous is an accomplished litigator and author in consumer protection litigation. He serves on the Litigation Advisory Board for the Institute of Continuing Legal Education (ICLE) where he is a content contributor and author in consumer protection litigation. If you were denied employment or housing because of a background check error, our Michigan background check lawyers can schedule you for a free phone or Zoom consultation. Please contact us by using our contact form below.

DEMYSTIFYING CREDIT REPORTS: A GUIDE TO YOUR CREDIT REPORT AFTER BANKRUPTCY

4/4/2024

MICHIGAN CREDIT REPORT LAWYERS

If you have filed for Chapter 7 bankruptcy, you should check your credit report approximately 45 days after your bankruptcy discharge to ensure that your credit report is accurate after bankruptcy. Common credit report errors after your bankruptcy can interfere with your ability to obtain credit after bankruptcy.

COMMON CREDIT REPORT ERRORS AFTER BANKRUPTCY

Post-bankruptcy credit report errors can take various forms, including:

Reporting you delinquent on discharged debt after bankruptcy.
Reporting you still owe a balance on discharged debt after bankruptcy.
Reporting one or more collections account related to discharged debt after bankruptcy.

You should not assume that the credit bureaus and furnishers will always report accurate credit information after your bankruptcy. Reviewing your credit report after bankruptcy with a credit lawyer can help you detect credit report errors and take the steps necessary to fix credit report errors.

WHY CREDIT REPORTS MATTER AFTER BANKRUPTCY?

A credit report is a detailed record of your credit history, including information about your financial accounts, borrowing and repayment of debt. Credit reports contains data and personal information about you such as address and date of birth, your credit accounts, payment history, outstanding balances, and any derogatory marks such as late payments.

Also, credit reports from Equifax, Experian, and TransUnion are not always identical and can contain different information. One or more of these credit reports can contain errors, while the other credit report(s) do not contain any errors. This is because the credit reporting agencies each have their own credit reporting procedures, which can lead to the reporting of different credit information or variances in credit reporting after bankruptcy.

Credit reports are used by lenders, landlords, and even employers to assess your creditworthiness. Therefore, an accurate credit report is essential. Good credit can lead to credit approvals, better loan terms, lower interest rates, and increased financial opportunities. On the other hand, a poor credit rating can limit your ability to obtain credit and lead to higher costs of credit.

HOW DO YOU OBTAIN YOUR CREDIT REPORTS AFTER BANKRUPTCY?

Under federal law, consumers are entitled to a free credit report from each of the three major credit bureaus – Equifax, Experian, and TransUnion – once a year. You may visit annualcreditreport.com to request your reports. Reviewing your credit report regularly, and especially after bankruptcy, can help you detect credit report errors, identity theft, or even fraudulent activity.

Understand Your Credit Reports:
Credit reports contain various sections including:

Personal Information: This section typically includes your name, date of birth, Social Security number, current and previous addresses, and employment information.
Account Information: This section lists your credit accounts, including credit cards, loans, mortgages, and collection accounts. This can include open credit accounts, and closed credit accounts. These are referred to as tradelines. Tradelines contain details such as the account opening date, credit limit, current balance, and payment history.
Public Records: Public records information can also be listed, such as bankruptcies.
Credit Inquiries: This section lists the entities that have accessed your credit report. While soft inquiries (e.g., pre-approved offers) do not affect your score, hard inquiries (e.g., credit applications) can have a temporary impact.

IMPACT OF BANKRUPTCY ON CREDIT REPORTS

After your Chapter 7 bankruptcy discharge, your discharged debt should be reported on your credit report as discharged or discharged in bankruptcy, and without an outstanding balance (such a $0 or zero balance).

Credit report errors after bankruptcy can lead to discharged accounts still being reported as due, owing or with a balance.  These types of credit report errors can negatively impact your debt-to-income ratio and could create a presumption of fraud or abuse if a discharged debt is not reporting as discharged. Additionally, prospective creditors/lenders could deny you credit or be reluctant to extend credit to you if your credit report lists other unpaid or delinquent accounts.  This makes sense.  Prospective creditors would be worried that if you are already delinquent on a credit account after bankruptcy, that they would be behind other existing creditor(s).  Therefore, it is crucial to ensure that your credit reports are accurate after bankruptcy.

Checking your credit reports after a bankruptcy discharge and speaking to a knowledgeable credit attorney about your credit report after bankruptcy could save you time and expense.

WHAT TO DO ABOUT CREDIT REPORT ERRORS AFTER BANKRUPTCY?

If you find any errors or inaccuracies in your credit report after your bankruptcy, you can speak to an experienced credit attorney who can help you dispute these credit report errors with the credit agencies. Credit report errors after bankruptcy can be costly and limit your financial options. Disputing credit report errors can help you continue your path to a fresh start.

The Fair Credit Reporting Act grants consumers a private right of action against consumer reporting agencies (like the credit bureaus) and furnishers of consumer information (like the banks, credit card companies, collectors, or financial institutions that report the tradelines on your credit report). Many credit report lawyers will help you on a contingency fee basis, meaning you would not have to pay the attorney up front, and would only owe attorneys’ fees if the attorney recovers monetary compensation on your behalf.

QUESTIONS ABOUT YOUR CREDIT REPORT AFTER BANKRUPTCY? SPEAK TO A KNOWLEDGEABLE MICHIGAN CREDIT REPORT ATTORNEY AFTER BANKRUPTCY

Checking and understanding your credit report after bankruptcy can protect you from having errors on your credit report. By being proactive, you can spot credit report errors after your bankruptcy and work with an experienced credit lawyer to dispute credit report errors.

If you need help with your credit report after bankruptcy, we would be happy to schedule a free phone or Zoom consultation. Attorney Nick Hadous is an accomplished litigator and author in consumer protection litigation. He serves on the Litigation Advisory Board for the Institute of Continuing Legal Education (ICLE) where he is a content contributor and author in consumer protection litigation. If you are the victim of identity theft and your credit report has been affected, please contact us for a free phone or Zoom consultation by calling us today or using the contact form below.

How to Dispute Identity Theft Errors on Your Credit Report

4/2/2024

IDENTITY THEFT AND YOUR CREDIT REPORT

Importance of an Accurate Credit Report
Your credit report is intended to document your financial history and history of payments. Having an accurate credit report is paramount, as this can affect your ability to secure loans, credit cards, and even job opportunities. Credit report errors can have a negative impact on your credit score, potentially leading to higher interest rates and even denials of credit applications

Finding Errors on Your Credit Report Due To Identity ThefT

The first step to dispute errors on your credit report is to review your credit report from all three major credit bureaus - Equifax, Experian, and TransUnion. You should verify that the information is accurate and consistent and look for discrepancies in personal information, accounts, balances, and payment history. You should also be mindful of credit inquiries you do not recognize. Some types of common errors include incorrect personal information, which could lead to mixed files. Other errors may be accounts that do not belong to you, incorrect payment history, or outdated information.
Credit report errors caused by identity theft may include accounts you do not recognize or charges and balances that you did not incur.

GATHERING EVIDENCE TO SUPPORT YOUR IDENTITY THEFT CREDIT REPORT DISPUTE

If you find errors on your credit report due to identity theft, you should gather all relevant documentation to support your dispute including an FTC identity theft report. Other evidence could include police reports, sworn statements, bank statements, payment receipts, and/or any other documentary evidence so support your dispute. The more evidence you have, the stronger your case will be when disputing because of identity theft with the credit bureaus.

SUBMITTING AN IDENTITY THEFT CREDIT REPORT DISPUTE TO THE CREDIT BUREAUS

You can dispute errors on your credit report because of identity theft directly with the credit bureaus. You can dispute by mail, online, or over the phone. However, submitting a dispute in writing by mail affords you the ability to provide more information along with supporting documentation. When submitting your dispute of information on your credit report be sure to clearly identify the accounts and the errors you are disputing. You should include detailed explanations supported by any documentary evidence that you have.

Following Up on Your Dispute
After submitting your dispute to the credit bureaus, the credit bureaus have 30 days to investigate and respond to your claim.
The credit bureaus will forward your dispute to the furnisher. The furnisher is the entity that reports your financial accounts to credit bureaus.  For example, if you were the victim of identity theft and the cybercriminal opened a fraudulent account in your name with Bank A, then Bank A will report the account information on your credit report.  Bank A would be considered the furnisher.  Under the Fair Credit Reporting Act, both the credit bureaus and Bank A are required to conduct a reasonable investigation of your dispute and to remove inaccuracies on your credit report.
Unfortunately, sometimes your dispute will not result in the removal of the inaccuracy, even in the case of identity theft.
In such cases, you have the right to add a statement of dispute to your credit report, but this is often little consolidation since the inaccuracy on your credit report still exists.  In such cases, you should speak to an identity theft lawyer about pursuing a civil action for damages under the Fair Credit Reporting Act. You may be entitled to monetary compensation when the bureaus or furnisher fails to conduct a reasonable investigation of your dispute or the bureaus fail to follow reasonable procedures to assure maximum possible accuracy of your credit reports.
Conclusion
Disputing errors on your credit report caused by identity theft can seem daunting.  However, a knowledgeable identity theft lawyer can help you dispute errors and correct inaccuracies. By understanding the process of disputing errors, you can help ensure the accuracy of your credit reports.

MICHIGAN IDENTITY THEFT LAWYERS CAN HELP YOU DISPUTE CREDIT REPORT ERRORS

If you need an identity theft lawyer to help you, our Michigan identity theft lawyers can help guide you through the process of gathering information to help with your dispute and if necessary, to file a lawsuit to enforce your rights under the Fair Credit Reporting Act. Because of laws that allow consumers to recover damages such as the Fair Credit Reporting Act, which contains fee-shifting provisions, our attorneys are able to offer you help on a contingent fee basis. This means that there is no upfront cost, and you will only pay attorneys' fees if we recover money for you. We have helped numerous consumers recover damages under the FCRA for inaccurate credit reporting, including identity theft and other credit report errors.
Attorney Nick Hadous is an accomplished litigator and author in consumer protection litigation. He serves on the Litigation Advisory Board for the Institute of Continuing Legal Education (ICLE) where he is a content contributor and author in consumer protection litigation. If you are the victim of identity theft and your credit report has been affected, please contact us for a free phone or Zoom consultation by calling us today or using the contact form below.

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IDENTITY THEFT LAWYERS

COMMON BACKGROUND CHECK REPORT ERRORS AND MISTAKES TO AVOID FOR APPLICANTS AND EMPLOYERS

BACKGROUND CHECK ATTORNEYS IN MICHIGAN

PRACTICAL CONSIDERATIONS TO AVOID BACKGROUND CHECK MISTAKES

WERE YOU DENIED EMPLOYMENT BECAUSE OF BACKGROUND CHECK REPORT ERRORS?

Schedule A Free Zoom Consultation With A Background Check Attorney Today. No Office Visit Needed To Start.

Background Check Lawyers - OVERVIEW OF BACKGROUND CHECKS IN EMPLOYMENT

BACKGROUND CHECK LAWYERS IN MICHIGAN

EMPLOYMENT BACKGROUND CHECK LAWS

WHEN TO SPEAK TO A BACKGROUND CHECK ATTORNEY

DEMYSTIFYING CREDIT REPORTS: A GUIDE TO YOUR CREDIT REPORT AFTER BANKRUPTCY

MICHIGAN CREDIT REPORT LAWYERS

COMMON CREDIT REPORT ERRORS AFTER BANKRUPTCY

WHY CREDIT REPORTS MATTER AFTER BANKRUPTCY?

HOW DO YOU OBTAIN YOUR CREDIT REPORTS AFTER BANKRUPTCY?

IMPACT OF BANKRUPTCY ON CREDIT REPORTS

WHAT TO DO ABOUT CREDIT REPORT ERRORS AFTER BANKRUPTCY?

QUESTIONS ABOUT YOUR CREDIT REPORT AFTER BANKRUPTCY? SPEAK TO A KNOWLEDGEABLE MICHIGAN CREDIT REPORT ATTORNEY AFTER BANKRUPTCY

How to Dispute Identity Theft Errors on Your Credit Report

IDENTITY THEFT AND YOUR CREDIT REPORT

Finding Errors on Your Credit Report Due To Identity ThefT

GATHERING EVIDENCE TO SUPPORT YOUR IDENTITY THEFT CREDIT REPORT DISPUTE

SUBMITTING AN IDENTITY THEFT CREDIT REPORT DISPUTE TO THE CREDIT BUREAUS

MICHIGAN IDENTITY THEFT LAWYERS CAN HELP YOU DISPUTE CREDIT REPORT ERRORS

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IDENTITY THEFT LAWYERS

COMMON BACKGROUND CHECK REPORT ERRORS AND MISTAKES TO AVOID FOR APPLICANTS AND EMPLOYERS

BACKGROUND CHECK ATTORNEYS IN MICHIGAN

PRACTICAL CONSIDERATIONS TO AVOID BACKGROUND CHECK MISTAKES

WERE YOU DENIED EMPLOYMENT BECAUSE OF BACKGROUND CHECK REPORT ERRORS?

Schedule A Free Zoom Consultation With A Background Check Attorney Today. No Office Visit Needed To Start.

​Background Check Lawyers - OVERVIEW OF BACKGROUND CHECKS IN EMPLOYMENT

BACKGROUND CHECK LAWYERS IN MICHIGAN

EMPLOYMENT BACKGROUND CHECK LAWS

WHEN TO SPEAK TO A BACKGROUND CHECK ATTORNEY

DEMYSTIFYING CREDIT REPORTS: A GUIDE TO YOUR CREDIT REPORT AFTER BANKRUPTCY

MICHIGAN CREDIT REPORT LAWYERS

COMMON CREDIT REPORT ERRORS AFTER BANKRUPTCY

WHY CREDIT REPORTS MATTER AFTER BANKRUPTCY?

HOW DO YOU OBTAIN YOUR CREDIT REPORTS AFTER BANKRUPTCY?

IMPACT OF BANKRUPTCY ON CREDIT REPORTS

WHAT TO DO ABOUT CREDIT REPORT ERRORS AFTER BANKRUPTCY?

QUESTIONS ABOUT YOUR CREDIT REPORT AFTER BANKRUPTCY? SPEAK TO A KNOWLEDGEABLE MICHIGAN CREDIT REPORT ATTORNEY AFTER BANKRUPTCY

How to Dispute Identity Theft Errors on Your Credit Report

IDENTITY THEFT AND YOUR CREDIT REPORT

Finding Errors on Your Credit Report Due To Identity ThefT

GATHERING EVIDENCE TO SUPPORT YOUR IDENTITY THEFT CREDIT REPORT DISPUTE

SUBMITTING AN IDENTITY THEFT CREDIT REPORT DISPUTE TO THE CREDIT BUREAUS

MICHIGAN IDENTITY THEFT LAWYERS CAN HELP YOU DISPUTE CREDIT REPORT ERRORS

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Background Check Lawyers - OVERVIEW OF BACKGROUND CHECKS IN EMPLOYMENT