{"id":3006,"date":"2022-09-29T12:09:09","date_gmt":"2022-09-29T16:09:09","guid":{"rendered":"https:\/\/www.consumerslaw.com\/blog\/?p=3006"},"modified":"2022-09-29T12:09:09","modified_gmt":"2022-09-29T16:09:09","slug":"employment-or-tenant-reports-often-mix-consumers-files","status":"publish","type":"post","link":"https:\/\/www.consumerslaw.com\/blog\/employment-or-tenant-reports-often-mix-consumers-files\/","title":{"rendered":"Employment or Tenant Reports Often Mix Consumers’ Files"},"content":{"rendered":"

Background Check Wrongly Says I\u2019m a Criminal!<\/strong><\/h3>\n

\"\"All it takes is someone with the same or similar name, birthdate, address, or other matching identifying information to have a stranger\u2019s record inaccurately mixed with yours.\u00a0 Their DUI, their theft conviction, or their sex offence can then show up on YOUR <\/em>report.\u00a0 It\u2019s no surprise then that bad background checks for employment, rent, or security clearance can ruin someone\u2019s livelihood and reputation in an instant.<\/p>\n

F L I T T E R\u00a0 M I L Z:\u00a0 \u00a0Client Story<\/strong><\/span><\/h3>\n

\"\"Flitter Milz understands the impact of employment background checks. Recently, a client of ours was moving to a new town.\u00a0 He applied for a job, and a rental home.\u00a0 He was denied the job, and the rental. Our client inquired with the employer and landlord.\u00a0 After receiving a copy of the background screening report, he found that a stranger\u2019s criminal history appeared on his report.\u00a0 This story is all too common today.\u00a0<\/span><\/p>\n

CFPB on Background Reports: \u00a0Accuracy and Privacy<\/strong><\/h3>\n

\"\"The Consumer Financial Protection Bureau (CFPB) recently published an advisory warning that background check companies<\/strong><\/a><\/span> must take care not to mix consumers\u2019 files or otherwise threaten consumer privacy.\u00a0\u00a0 According to CFPB Director Rohit Chopra, \u201cThe CFPB will be taking steps to use the Fair Credit Reporting Act (FCRA) to combat misuse and abuse of personal data on background screening and credit reports.\u201d<\/p>\n

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Permissible Purpose to Obtain Background Check<\/strong><\/h3>\n

\"\"More than 90% of prospective employers, landlords, insurance companies and banks use background check data as part of their application process.\u00a0 These companies must have a legally permissible purpose to obtain a copy of a consumer\u2019s background report when evaluating the consumer for credit, insurance, housing, or employment decisions. The consumer is entitled to a copy of the background check report used to evaluate his or her application.<\/p>\n

Background Reports to be Accurate and Kept Private<\/strong><\/h3>\n

\"\"Background reports include information such as, employment history, credit information and legal problems. In some cases, social media accounts may show up.\u00a0 The more data listed in a background check could mean a greater possibility for error.\u00a0 As a result, the consumer could be denied a job, housing, insurance or credit. Just one error on a background report can cause significant harm.\u00a0 <\/strong>Procedures for maintaining and dispensing accurate information are critical. Background reports must ensure proper identification of the applicant, plus accurate data related to the applicant.\u00a0 Disclaimers by background reporting companies do not cure permissible violations.\u00a0 Instead, they could violate a person\u2019s privacy, which is strictly prohibited under the FCRA.<\/p>\n

Written Permission for a Background Check<\/strong><\/h3>\n

\"\"When a background check is required, the prospective employer or landlord must obtain written permission from the applicant to request a report.\u00a0 A Disclosure Notice and Authorization form <\/strong>must be filled out and signed by the applicant, then submitted to the background check company.<\/strong> Most authorization forms require the applicant\u2019s full name, date of birth, social security number, current zip code, phone number and email address.\u00a0 Screening for some types of employment may require additional information, such as motor vehicle reports, employment verifications or international criminal checks.<\/p>\n

Victim of a Mixed Credit Files?\u00a0 Steps to Take<\/strong><\/h3>\n

If you\u2019re the victim of a mixed file, take steps to dispute the errors with the reporting bureau.<\/p>\n