Illegal Use of Consumer Background Checks

To protect the privacy of employees, the Fair Credit Reporting Act was enacted to regulate the conduct of employers when running background checks on current or potential employees. Although employers are permitted to perform a background check, they must:

  • Provide the candidate or employee with clear and conspicuous notice of the background check and obtain express authorization from the candidate or employee beforehand;

  • The employer must inform the applicant if the decision not to hire is based on the background check and must provide the applicant time to fix any mistakes that may be on the report.

Violations of the FCRA typically occur due to searching for the wrong person or misreporting the severity of the offense. Violations of the FCRA can result in damages of $1,000 and payment of attorney’s fees.

If you believe that you have been a victim of these practices, please contact us.

Call (800) 536-0045 or complete the following form to schedule your free consultation today.

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