What to Expect When Filing a Lawsuit Against a Background Check Company

Client Discussing Background Check Error Lawsuit with a Lawyer
Background Check Issues No Comments

If you’ve been delayed or denied a job or faced other issues because of an error on your background check, you might be feeling frustrated and unsure of what to do next. Errors on background checks can have serious consequences, impacting your career, housing, and even your finances. Fortunately, you have rights as a consumer, and taking legal action against the company that produced the incorrect report may be the best way to get the compensation and correction you deserve.

When and Why to Sue a Background Check Company

You may consider filing a lawsuit against a background check company if:

  • The Background Check Contains Errors: Errors in a background check can include incorrect criminal records, mistaken identity, outdated information, or other inaccuracies.
  • Your Dispute Was Ignored or Mishandled: If you dispute an error with the background check company and they fail to investigate properly or ignore your dispute, they may be in violation of the Fair Credit Reporting Act (FCRA).
  • You Suffered Harm Due to the Error: If you lost a job opportunity or were delayed, were denied or delayed housing, or suffered other financial or reputational harm because of the errors on your background check, you may have a right to sue for damages.

The Fair Credit Reporting Act (FCRA) protects consumers from the harm caused by inaccurate information in background checks. The law requires background check companies to ensure the information they report is accurate and up-to-date, and to investigate and correct errors when consumers report them. If these companies fail to comply with these obligations, they can be held accountable in court.

How a Consumer Law Firm Can Help You Sue a Background Check Company

If you’re considering taking legal action, working with an experienced consumer law firm like Francis Mailman Soumilas, P.C. can make a world of difference. Here’s what you can expect during the process:

1. Free Consultation

The process begins with a free consultation. During this meeting, we’ll listen to your story, review the errors in your background check, and discuss how those errors have impacted you. We’ll help you understand whether you have a strong case and what your options are for moving forward.

2. Collecting Evidence

If we determine that you have a case, the next step is gathering the evidence needed to support your claims. This might include:

  • Copies of the Background Check: It’s important to have a copy of the incorrect report as evidence of the error.
  • Dispute Records: If you previously disputed the error, keep records of all communications you had with the background check company.
  • Proof of Harm: Evidence of harm could include job denial letters, rental rejections, or financial documents showing that you suffered losses because of the inaccurate report.

We’ll guide you on what documents and evidence are most important for your case.

3. Filing the Lawsuit

Once we’ve gathered all the necessary evidence, our attorneys will file a lawsuit against the background check company on your behalf. The lawsuit will detail the errors in the report, how the company failed to comply with the FCRA, and how you were harmed as a result.

4. Negotiations and Settlements

Many background check companies prefer to settle claims before going to court. We’ll negotiate on your behalf to reach a fair settlement that compensates you for the harm you experienced. Settlements can include:

  • Monetary Compensation: To cover lost wages, housing, credit, emotional distress, and other damages.
  • Corrections to Your Report: Ensuring that the inaccurate information is corrected to prevent future issues.

5. Going to Trial

If a fair settlement cannot be reached, our experienced trial attorneys will take your case to court. We’ll present the evidence and advocate for your rights. Our team at Francis Mailman Soumilas, P.C. has extensive experience with these types of lawsuits, and we’re prepared to fight for the best outcome for you.

6. After the Lawsuit

Once your lawsuit is resolved, we’ll make sure that all errors on your background check are corrected. This helps to protect you from facing the same issues again in the future.

How to Be Prepared to Sue a Background Check Company

If you’re thinking about suing a background check company, being prepared is crucial. Here are some steps you can take:

  • Request a Copy of Your Background Check: If you believe there’s an error, request a copy of your background check from the company that produced it. This is your right under the FCRA.
  • Document Everything: Keep detailed records, including copies of the background check, any disputes you filed, correspondence with potential employers or landlords, and any financial or emotional harm you experienced.
  • Consult a Lawyer: Taking on a background check company can be challenging on your own. Consulting an experienced consumer rights attorneys like Francis Mailman Soumilas, P.C. will help ensure that your case is handled correctly and that your rights are protected.

Why Choose Francis Mailman Soumilas, P.C.?

Filing a lawsuit against a background check company can be intimidating, but you don’t have to do it alone. The team at Francis Mailman Soumilas, P.C. has over 26 years of extensive experience handling FCRA cases and has successfully helped consumers obtain over 350 million dollars in compensation they deserve.

We know how stressful it can be to lose a job or face other consequences because of an error on your background check, and we’re here to put your mind at ease. Our attorneys will handle every aspect of your case—from filing the lawsuit to negotiating with the background check company—so you can focus on getting your life back on track.

Take Action to Protect Your Rights

Errors on a background check can have serious, lasting consequences, but you have the right to hold background check companies accountable for the harm they cause. If you’ve been impacted by an incorrect report, don’t wait—take action today. Francis Mailman Soumilas, P.C. is here to help you every step of the way, from understanding your rights to securing the compensation you deserve.

Contact us today at 1-877-735-8600 or fill out our online form for a free consultation, and let us help you take the next step toward justice and financial recovery.