DIALED WRONG — When a Cell Phone Ticket Turns Into an Alcohol Offense on Your Background Check
Background checks are supposed to reflect the truth—not distort it
Yet a troubling pattern has emerged involving Checkr background check errors, where ordinary cell phone tickets are being inaccurately reported as alcohol-related driving offenses. For California workers who rely on clean records, these mistakes can abruptly cut off income, damage reputations, and block future opportunities.
At R23 Law, our California Consumer Protection Attorneys routinely see the real-world impact of these reporting failures and the legal violations that follow.
When a Background Check Gets the Story Wrong
For rideshare drivers and other gig workers, passing a background check is often a condition of continued employment. However, recent cases show that non-criminal traffic citations—such as tickets for using a cell phone while driving—are being mislabeled as alcohol-related offenses on background reports.
This type of misclassification can lead to:
Sudden deactivation from Uber, Lyft, or similar platforms
Immediate loss of income
Long delays in reinstatement
Lasting reputational harm
What should be a routine traffic matter is instead transformed into a red flag that suggests unsafe or unlawful conduct.
Why These Checkr Background Check Errors Occur
Background check companies like Checkr frequently rely on automated data-matching systems that pull information from state and local court databases. When those systems rely on flawed coding, mismatched records, or poor quality controls, traffic violations can be placed under the wrong category.
In the cases now surfacing, a simple cell phone citation is sometimes coded or interpreted as a “minor driving with alcohol” offense, even when no alcohol was involved at all.
Under the Fair Credit Reporting Act (FCRA), this is not a minor mistake. Consumer reporting agencies are legally required to follow reasonable procedures to assure maximum possible accuracy. Mislabeling a traffic ticket as an alcohol offense may violate federal law.
Why These Errors Matter Under California Consumer Protection Law
An inaccurate background check can change the course of a person’s career. For drivers and workers subject to continuous screening, even one incorrect entry can mean:
Termination or suspension
Lost wages and missed opportunities
Stress, stigma, and reputational damage
California consumer protection laws are designed to prevent exactly this kind of harm. When background check companies fail to ensure accuracy, they can be held accountable.
Consumer Rights Under the Fair Credit Reporting Act
The FCRA provides important protections when background checks contain false or misleading information, including:
Accuracy Obligations
Consumer reporting agencies must ensure the information they report is correct, complete, and properly categorized.
Right to Dispute
Consumers have the right to dispute inaccurate background check entries and require a lawful reinvestigation.
Monetary Remedies
When inaccurate reporting leads to lost work, deactivation, or other harm, consumers may be entitled to statutory damages, actual damages, and attorneys’ fees.
R23 Law’s California Consumer Protection Attorneys focus on enforcing these rights when background check companies fail to follow the law.
What to Do After a Misreported Background Check
If your background check lists a cell phone ticket as an alcohol-related offense, documentation and timing matter. Common next steps include:
Obtaining a full copy of the background report
Reviewing traffic and criminal entries line by line
Comparing the report against the actual court record
Initiating a formal dispute with the reporting agency
When these errors result in lost income or employment, legal enforcement under the FCRA may be appropriate.
About R23 Law
R23 Law Consumer Protection Attorneys is a California-based consumer protection law firm focused on holding companies accountable for unlawful practices. Our attorneys have extensive experience litigating cases involving background check errors, credit reporting violations, and identity-related harms.
Contact R23 Law Today
If a background check error has cost you work, income, or opportunity, speaking with experienced consumer protection counsel matters.
R23 Law’s California Consumer Protection Attorneys are available to evaluate background check inaccuracies and potential legal claims.
SoCal: (310) 598-1588
Email: info@R23Law.com
