BACKGROUND CHECK BLUNDERS — When Screening Violates Your Rights
Did an apartment application or job offer vanish without explanation?
You might have fallen victim to an illegal or inaccurate background check. These third-party screeners often operate behind the scenes, and when they get it wrong — the consequences fall on you.
At R23 Law, our California Consumer Protection Attorneys regularly assist clients who’ve been denied housing, employment, or credit because of background check violations or false consumer reporting.
Let’s break down what background check companies are allowed to do — and what they absolutely cannot.
What Is a Background Check Company?
These are private agencies hired by employers, landlords, or financial institutions to dig into your:
Credit report
Criminal record
Driving history
Employment background
Education verification
These companies package the findings into a report that can decide your future — all without your direct involvement.
Unfortunately, they often operate with little transparency and sometimes in violation of the Fair Credit Reporting Act (FCRA).
Your Legal Rights Under the FCRA
The Fair Credit Reporting Act gives you strong protections when a third party pulls your background information for employment, housing, or financial decisions.
Under the FCRA, you have the right to:
Be notified in writing before a background check is conducted
Provide written consent (signature required)
Receive a clear, standalone disclosure (not buried in fine print)
Be informed of negative findings and given a chance to respond
Receive a copy of the report
Be issued a notice of adverse action if you're denied based on the report
Receive a Summary of Rights under the FCRA
If any of these steps were skipped or mishandled — your rights were likely violated.
Where Background Checks Go Wrong
Even if you have great credit and a clean criminal record, a flawed background check can still hurt you. Common issues include:
Mistaken identity: Another person’s criminal or credit history gets linked to yours
Outdated data: Old bankruptcies or judgments that should’ve been removed
Inaccurate negative records: Discharged debts listed as unpaid, or incorrect job terminations
Lack of notification: You were never told a check was being run — or never received the results
These errors can result in:
Denied job offers
Rejected apartment applications
Career setbacks
Emotional distress
Worse? You may never know it happened if the employer or landlord fails to notify you — which is also a violation of the law.
R23 Law’s California Consumer Protection Attorneys Can Take Action
When background check companies or employers violate the FCRA, R23 Law steps in. We represent Californians who have suffered:
Denial of employment or housing without proper notice
Inclusion of false or outdated information in reports
Failure to receive required disclosures
Identity confusion due to data mix-ups
Retaliation or termination based on inaccurate reporting
If your FCRA rights were ignored, you may be entitled to:
Correction of your records
Statutory damages up to $1,000 per violation
Actual damages (e.g. lost income, emotional distress)
Attorney's fees and costs
Punitive damages in cases of willful violations
Protect Yourself From Silent Sabotage
Background check companies work in the shadows — but your rights under the FCRA bring everything into the light.
📞 Call R23 Law today for a free consultation with our R23 Law California Consumer Protection Attorneys. We’ll review your background check situation, assess violations, and if necessary, file suit to restore your reputation and recover damages.
