BEHIND THE CHECK — Your Rights Under the FCRA in California Background Screenings
Background checks are standard in today’s world—whether you’re applying for a job, housing, a credit card, or insurance
But just because they're common doesn’t mean they’re always legal. When employers, landlords, or lenders request your personal history, they must comply with strict federal and California laws, especially the Fair Credit Reporting Act (FCRA).
At R23 Law, our California Consumer Protection Attorneys represent individuals who’ve been denied opportunities due to improper or illegal background screening practices. We hold companies accountable for overreach, misuse, and violations of your consumer rights.
When and Why Background Checks Are Conducted
Background checks are typically ordered by:
Employers, during the hiring or promotion process
Landlords, when screening potential tenants
Lenders and insurers, when evaluating applications for credit or coverage
These checks are meant to reveal credit history, criminal records, employment verification, or rental history. But before anyone can legally access that information, you have rights—and those rights are protected under the FCRA.
Your Legal Rights During a Background Check
1. You Must Be Informed and Give Consent
Any business or agency conducting a background check must first:
Notify you in writing
Obtain your explicit written consent before accessing your report
Consent must be clear and separate—it cannot be buried in a general employment application or rental agreement.
2. The Purpose Must Be Permissible Under the Law
The person or entity requesting your report must have a “permissible purpose”. This means they must have a legal reason for accessing your personal information, such as making a hiring decision or evaluating a credit application.
If someone accesses your report without legal cause, it may constitute a serious FCRA violation.
3. You Have the Right to Dispute Inaccurate Information
If a background check contains errors—such as outdated criminal records, debts you don’t owe, or mistaken identity—you have the right to:
Request a copy of the report
Dispute incorrect information with the consumer reporting agency
Expect a response or correction within 30 days
At R23 Law, our attorneys routinely assist clients in challenging background check inaccuracies and enforcing timely corrections.
4. You’re Entitled to a Pre-Adverse Action Notice
If an employer or landlord decides to take negative action based on a background check—like denying a job, promotion, or lease—they must first:
Provide you with a “pre-adverse action notice”
Share a copy of the background report
Give you time (typically 5+ days) to review and correct the report before a final decision is made
Failure to follow this step is a clear FCRA violation, and you may be entitled to damages.
What Happens When Companies Break the Rules?
Companies that violate your rights under the FCRA may face:
Statutory damages of up to $1,000 per violation
Actual damages for lost opportunities, emotional distress, or reputational harm
Punitive damages for willful noncompliance
Attorneys’ fees and costs
At R23 Law, our team pursues claims against negligent employers, background check companies, and data brokers who violate your privacy or fail to correct known errors.
R23 Law’s Services for Background Check Violations
Our firm represents consumers across California who have suffered harm due to unlawful background screening. We offer:
Background Report Reviews
We analyze credit, employment, and tenant screening reports for inaccuracies or red flags that may affect your future.
Dispute and Adverse Action Response Letters
We prepare precise, compliant dispute letters to ensure your voice is heard—and your record corrected.
FCRA and CCPA Litigation
Our attorneys pursue legal claims under the Fair Credit Reporting Act, California Consumer Privacy Act (CCPA), and other state and federal laws to secure compensation and correction.
California Consumers Have the Right to Know—and to Fight Back
Too often, background checks contain outdated, incorrect, or irrelevant information that unfairly costs people jobs, housing, or credit. R23 Law’s California Consumer Protection Attorneys fight to ensure these checks are conducted legally—and that you have recourse when they’re not.
We Serve Clients Statewide
From Los Angeles to Sacramento, San Francisco to San Diego, R23 Law is the trusted legal resource for consumers navigating background check disputes, FCRA violations, and financial reputational harm.
📞 Schedule a Confidential Consultation
If a background screening cost you a job, rental, or loan—and you suspect the report was inaccurate, outdated, or accessed improperly—contact R23 Law today.
R23 Law | California Consumer Protection Attorneys
Defending your privacy. Correcting false reports. Securing your future.
