HOW TO OBTAIN YOUR BACKGROUND CHECK REPORT BEFORE BACKGROUND CHECK ERRORS COST YOU A JOB OR HOUSING

4/18/2024

BACKGROUND CHECK ATTORNEYS SUGGEST REVIEWING YOUR BACKGROUND CHECK REPORT FOR ERRORS

Background check errors can be costly and seemingly come out of nowhere when you apply for a job or housing. Although background check errors and credit report errors can occur at any time, periodically reviewing your background check report and credit report for errors can help prevent background check errors or credit report errors from costing you a job or housing.

UNDERSTANDING THE IMPORTANCE OF A BACKGROUND CHECK AND BACKGROUND CHECK ERRORS CAN AFFECT YOU

Background check attorneys recommend reviewing your background check for errors when applying for a new job or your employer has requested your permission to perform a background check.

Before obtaining your background check report for employment to review for background check errors, you should understand the significance of background checks. Employers conduct background checks as part of the hiring process to ensure that they are making informed hiring decisions and to evaluate your suitability for the job which you are applying.

Background Check Lawyers Can Help You Dispute Background Check Errors

If you discovery any background check errors either before you apply for a job or during the application process, a background check lawyer can help you take immediate action such as disputing the background check errors with the screening company (known as a consumer reporting agency under the Fair Credit Reporting Act).

WHERE TO OBTAIN YOUR BACKGROUND CHECK REPORT

One of the firsts steps you can take to obtain your background check report is to know and understand the type of background check being conducted by your potential employer. Depending on the position you are applying for, the background check may include criminal history background check, credit history check, prior employment verification, and verification of your education. It is important to verify whether your background check may contain errors, especially criminal background check errors that can cause denial of employment or loss of employment.

HOW TO REQUEST YOUR BACKGROUND CHECK REPORT

Once you are aware of the type of background check being conducted, you should request a copy of your background check report. There are many consumer reporting agencies that assemble and sell background check reports to prospective employers such as Checkr, Inc., GoodHire, HireRight, Intelius, and others. You should review whether there are any background check errors. You can also request a copy of your background check from the employer or the third-party screening company that the employer hired to conduct the background check or paid for the background check report.
If you find background check errors, are denied employment or lose your current employment because of background check errors, you should consider consulting a background check attorney.

BACKGROUND CHECK ERRORS AND YOUR CONSUMER RIGHTS

Background check attorneys can help you understand your consumer rights if you were harmed by background check errors. The Fair Credit Reporting Act (FCRA) provides consumers with rights and remedies, and you may be able to recover damages for background check errors. A background check lawyer will typically review the background check report errors with you and help you obtain evidence to dispute the background check errors and any other inaccuracies contained in the background check report.

WHAT TO DO ABOUT DIFFICULTIES OBTAINING YOUR BACKGROUND CHECK REPORT

In some cases, you may encounter difficulties obtaining your background check report, particularly if the information is being withheld by the employer or the background screening company. In such cases, you should speak to a background check attorney about to ensure that your consumer rights are being upheld.

SPEAK TO A BACKGROUND CHECK LAWYER TODAY IF YOU WERE DENIED A JOB OR HOUSING BECAUSE OF BACKGROUND CHECK ERRORS

If you were denied employment because of background check errors, you are not alone and should speak with a background check attorney about your consumer rights under the Fair Credit Reporting Act. Our background check attorneys in Michigan understand how background check errors can occur, and can help you take the steps needed to dispute background check errors, remove the background check errors, and in some cases seek damages for harm caused by errors contained in your background check report.

Attorney Nick Hadous is an accomplished consumer protection attorney licensed in Michigan, Arizona, and California with a track record of success in FCRA cases in trial and appellate courts, including federal courts in Michigan, Arizona, and the Ninth Circuit Court of Appeals. We have helped consumers correct credit report errors and pursue damages for costly errors. In addition, Mr. Hadous currently 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 lawsuits.

If you are a victim of background check errors, you can reach out to us today for a free Zoom or phone consultation by calling today or using the contact form below.

CREDIT ATTORNEYS: LAWSUITS AFTER DISPUTING CREDIT REPORT ERRORS

4/16/2024

CREDIT ATTORNEY LAWSUIT BASICS

Credit lawyers play a pivotal role in safeguarding consumer rights by filing lawsuits under the Fair Credit Reporting Act for credit report errors. Lawsuits based on inaccurate credit reporting, identity theft credit report errors, and background check errors can occur before or after disputing your credit report. Credit attorneys can help empower consumers to enforce the protections afforded by the Fair Credit Reporting Act and other consumer protection statutes.

THE LEGAL BASIS FOR LAWSUITS FILED BY CREDIT ATTORNEYS

Credit attorneys typically focus on consumer protection laws like the Fair Credit Reporting Act (FCRA). The FCRA is a consumer protection statute that outline the rights and responsibilities of both consumers, consumer reporting agencies such as credit bureaus and background check reporting companies, and furnishers of tradeline information on your credit report such as banks, lenders, creditors, credit card companies, and debt collectors. When credit laws laws are violated, credit attorneys can step in to hold wrongdoers accountable in court and to seek just compensation for consumers.

Benefits of A Credit Attorney in LAWSUITS

Navigating credit disputes and the legal framework for protecting your rights under the FCRA can be daunting for the average consumer. By hiring a skilled credit attorney, consumers can benefit from the attorneys’ knowledge and experience disputing credit report errors and litigating common credit report errors and legal issues in court.

Credit Attorney: Overview of Credit Lawsuits

There are many different types of legal claims and theories that encompass credit reporting disputes and credit lawsuits and these can exists in various contexts, such as credit reporting errors, identity theft credit report errors, and background check errors. We will discuss some of the broad types of claims applicable to credit disputes and consumer reporting issues.

Credit Lawsuits: Consumer Reporting Agency Failure to Follow Reasonable Procedures to Assure Maximum Possible Accuracy Of Consumer Credit Report Information

Credit disputes can lead to lawsuits when a credit bureau fails to follow reasonable procedures to assure maximum possible accuracy of the reported consumer information contained in credit reports. This type of claim is appropriate when the consumer reporting agency follows unreasonable procedures or reports information from unreliable sources despite notice of the unreliability of the information. This can lead to widespread credit report errors affecting many consumers. Your credit attorney can conduct discovery of the consumer reporting agency’s procedures during a lawsuit.

Credit Lawsuits: Consumer Reporting Agency Failure to Conduct A Reasonable Reinvestigation of Consumer Dispute

Credit disputes can also lead to lawsuits when a credit bureau fails to conduct a reasonable reinvestigation of consumer disputes. Credit bureaus will typically forward consumer disputes to furnishers to verify the accuracy of the reported information. However, the credit bureau is still required to conduct its own investigation especially where the consumer provides sufficient information demonstrating the inaccuracy, the credit bureau knows of the inaccuracy or can otherwise independently verify the consumer dispute, such as in post-bankruptcy credit reporting. Your credit reporting lawyer can conduct discovery of the reinvestigation that was done by the credit bureau, if any, during a lawsuit. This type of claim is appropriate when the consumer reporting agency fails to conduct a reasonable reinvestigation when the consumer disputes credit report information.

Failure to Conduct A Reasonable Investigation of Consumer Dispute By Furnisher of Credit Report Information

Credit disputes can also lead to lawsuits when a furnisher fails to conduct a reasonable investigation of consumer disputes. A furnisher is an entity that reports consumer information to the credit bureaus. Examples of furnishers include credit card companies, banks, mortgage lenders, collection agencies, and other creditors. The FCRA requires consumers to dispute directly with the credit bureaus, which forwards the dispute to the furnisher. Thus, to be able to sue a furnisher under the FCRA it is necessary to dispute credit report errors through the credit bureau first. A dispute directly to the furnisher instead of the credit bureau does not suffice. Furnishers are required to conduct a reasonable investigation of consumer disputes and either verify the credit reporting, correct the inaccuracy in the credit report, or delete the inaccuracy in the credit report. Your credit lawyer can conduct discovery of the investigation, if any, that was done by the furnisher during a lawsuit. This type of credit reporting claim is appropriate when the furnisher fails to conduct a reasonable investigation of a consumer dispute of credit report information.

CAN YOU RECOVER DAMAGES FOR CREDIT REPORT ERRORS

Yes. Damages can be recoverable in credit report lawsuits, including after disputing credit report errors that do not result in the correction of inaccuracies and errors in your credit report. Credit attorneys play a crucial role in helping gather and present evidence of harm in credit lawsuits to help consumers recover damages for harmful credit reporting errors.

There are several categories of damages that may be available in credit lawsuits under the Fair Credit Reporting Act.

Actual Damages For Credit Report Errors

Actual damages include losses you incurred that were directly caused by an FCRA violation. Actual damages can include financial loss as well as emotional distress, humiliation, medical injury and other physical or non-physical harm so long as the injury is real and sufficiently serious.

Actual damages can be awarded for negligent or willful violations of the FCRA. Your credit attorney can help you gather evidence of actual damages and losses to help pursue damages for credit report errors.

Statutory Damages For Credit Report Errors

Statutory damages may also be available for credit report errors if the consumer reporting agency or credit bureau commits a “willful” violation of the FCRA. Statutory damages range from $100 to $1,000 per violation. Statutory damages are not the same as actual damages and may be awarded even in the absence of actual damages. However, as noted, the threshold requires a showing of a willful violation, which is higher than the standard for recovering actual damages, which only requires a negligent violation of the FCRA.

Attorneys’ Fees For Credit Report Errors

Attorneys’ fees may also be recovered in FCRA actions. The FCRA contains a fee-shifting provision which allows consumers to recover their reasonable attorneys’ fees. Fee-shifting statutes are important because these permit greater access to consumer attorneys who can handle your case on a contingent fee basis because of the recoverability of attorneys’ fees. If attorneys’ fees were unavailable, consumers would have a much harder time hiring consumer attorneys unless the consumer was willing to pay the lawyer out of their own pocket. Congress understood this and therefore included fee-shifting provisions in the FCRA to encourage consumer attorneys to represent consumers in FCRA lawsuits.

Punitive Damages For Credit Report Errors

In some cases, punitive damages may be awarded. Punitive damages may be awarded in FCRA cases when a furnisher or consumer reporting agency willfully violates the FCRA. Willful violations occur when there is intentional or reckless conduct, which demonstrates a disregard for the rights of consumers. Credit attorneys can develop this type of evidence during the discovery phase of FCRA lawsuits.

The amount of punitive damages can vary, and depends on the evidence and harm. There is no limit to the amount of punitive damages that may be awarded in FCRA actions. Your credit attorney

SPEAK TO A CREDIT LAWYER IF YOU HAVE CREDIT REPORT ERRORS, IDENTITY THEFT CREDIT REPORT ERRORS, OR BACKGROUND CHECK ERRORS

Don't let costly credit report errors, identity theft, or background check errors go unchecked. We fight for consumers and help consumers seek damages for violations of consumer rights. We take on the credit bureaus, background check reporting companies, lenders, credit card companies, as well as any abusive debt collectors or collection agencies that harass consumers.

Attorney Nick Hadous is a seasoned consumer attorney licensed in Michigan, Arizona, and California with a track record of success in various types of FCRA cases. He has litigated consumer law issues in trial courts and has been successful in numerous hotly contested appeals of FCRA cases in the Ninth Circuit. We have helped consumers dispute identity theft credit report errors, and correct credit report errors through removal of inaccurate information caused by identity theft and other common credit reporting errors.

Mr. Hadous currently 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 lawsuits.

If you believe you are a victim of identity theft or if your credit report contains inaccurate information, please contact our office using our contact form to schedule a free phone or Zoom consultation.

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.

IDENTITY THEFT LAWYERS BLOG

HOW TO OBTAIN YOUR BACKGROUND CHECK REPORT BEFORE BACKGROUND CHECK ERRORS COST YOU A JOB OR HOUSING

BACKGROUND CHECK ATTORNEYS SUGGEST REVIEWING YOUR BACKGROUND CHECK REPORT FOR ERRORS

UNDERSTANDING THE IMPORTANCE OF A BACKGROUND CHECK AND BACKGROUND CHECK ERRORS CAN AFFECT YOU

Background Check Lawyers Can Help You Dispute Background Check Errors

WHERE TO OBTAIN YOUR BACKGROUND CHECK REPORT

HOW TO REQUEST YOUR BACKGROUND CHECK REPORT

BACKGROUND CHECK ERRORS AND YOUR CONSUMER RIGHTS

WHAT TO DO ABOUT DIFFICULTIES OBTAINING YOUR BACKGROUND CHECK REPORT

SPEAK TO A BACKGROUND CHECK LAWYER TODAY IF YOU WERE DENIED A JOB OR HOUSING BECAUSE OF BACKGROUND CHECK ERRORS

CREDIT ATTORNEYS: LAWSUITS AFTER DISPUTING CREDIT REPORT ERRORS

CREDIT ATTORNEY LAWSUIT BASICS

THE LEGAL BASIS FOR LAWSUITS FILED BY CREDIT ATTORNEYS

Benefits of A Credit Attorney in LAWSUITS

Credit Attorney: Overview of Credit Lawsuits

Credit Lawsuits: Consumer Reporting Agency Failure to Follow Reasonable Procedures to Assure Maximum Possible Accuracy Of Consumer Credit Report Information

Credit Lawsuits: Consumer Reporting Agency Failure to Conduct A Reasonable Reinvestigation of Consumer Dispute

Failure to Conduct A Reasonable Investigation of Consumer Dispute By Furnisher of Credit Report Information

CAN YOU RECOVER DAMAGES FOR CREDIT REPORT ERRORS

Actual Damages For Credit Report Errors

Statutory Damages For Credit Report Errors

Attorneys’ Fees For Credit Report Errors

Punitive Damages For Credit Report Errors

SPEAK TO A CREDIT LAWYER IF YOU HAVE CREDIT REPORT ERRORS, IDENTITY THEFT CREDIT REPORT ERRORS, OR BACKGROUND CHECK ERRORS

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

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IDENTITY THEFT LAWYERS BLOG

HOW TO OBTAIN YOUR BACKGROUND CHECK REPORT BEFORE BACKGROUND CHECK ERRORS COST YOU A JOB OR HOUSING

BACKGROUND CHECK ATTORNEYS SUGGEST REVIEWING YOUR BACKGROUND CHECK REPORT FOR ERRORS

UNDERSTANDING THE IMPORTANCE OF A BACKGROUND CHECK AND BACKGROUND CHECK ERRORS CAN AFFECT YOU

Background Check Lawyers Can Help You Dispute Background Check Errors

WHERE TO OBTAIN YOUR BACKGROUND CHECK REPORT

HOW TO REQUEST YOUR BACKGROUND CHECK REPORT

BACKGROUND CHECK ERRORS AND YOUR CONSUMER RIGHTS

WHAT TO DO ABOUT DIFFICULTIES OBTAINING YOUR BACKGROUND CHECK REPORT

SPEAK TO A BACKGROUND CHECK LAWYER TODAY IF YOU WERE DENIED A JOB OR HOUSING BECAUSE OF BACKGROUND CHECK ERRORS

CREDIT ATTORNEYS: LAWSUITS AFTER DISPUTING CREDIT REPORT ERRORS

CREDIT ATTORNEY LAWSUIT BASICS

​THE LEGAL BASIS FOR LAWSUITS FILED BY CREDIT ATTORNEYS

Benefits of A Credit Attorney in LAWSUITS

​Credit Attorney: Overview of Credit Lawsuits

Credit Lawsuits: Consumer Reporting Agency Failure to Follow Reasonable Procedures to Assure Maximum Possible Accuracy Of Consumer Credit Report Information

Credit Lawsuits: Consumer Reporting Agency Failure to Conduct A Reasonable Reinvestigation of Consumer Dispute

Failure to Conduct A Reasonable Investigation of Consumer Dispute By Furnisher of Credit Report Information

CAN YOU RECOVER DAMAGES FOR CREDIT REPORT ERRORS

​Actual Damages For Credit Report Errors

​Statutory Damages For Credit Report Errors

​Attorneys’ Fees For Credit Report Errors

​Punitive Damages For Credit Report Errors

SPEAK TO A CREDIT LAWYER IF YOU HAVE CREDIT REPORT ERRORS, IDENTITY THEFT CREDIT REPORT ERRORS, OR BACKGROUND CHECK ERRORS

​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

hadous|co

Archives

Categories

THE LEGAL BASIS FOR LAWSUITS FILED BY CREDIT ATTORNEYS

Credit Attorney: Overview of Credit Lawsuits

Actual Damages For Credit Report Errors

Statutory Damages For Credit Report Errors

Attorneys’ Fees For Credit Report Errors

Punitive Damages For Credit Report Errors

Background Check Lawyers - OVERVIEW OF BACKGROUND CHECKS IN EMPLOYMENT