First Advantage’s Mixed File Fiasco: When Background Checks Go Wrong

Introduction

Imagine applying for a job, confident in your clean record, only to be denied because a background check wrongly lists you as a convicted felon. This nightmare scenario happens far too often due to negligent background check companies like First Advantage. Their repeated failure to follow the Fair Credit Reporting Act (FCRA) has left innocent job seekers struggling to clear their names and regain lost opportunities.

The Role of First Advantage in Background Checks

First Advantage is a consumer reporting agency that provides background checks to employers across the country. These reports are crucial in hiring decisions, but when companies like First Advantage fail to follow reasonable procedures to ensure accuracy, they can ruin lives.

The Problem: Mixed Files and Inaccurate Reports

One of the most egregious errors committed by First Advantage is mixing up individuals’ records. This happens when their system confuses one person with another who has a similar name, but a completely different criminal history. In some cases, they have reported serious criminal convictions for innocent individuals, leading to job losses, financial distress, and emotional turmoil.

How Does This Happen?

• Automated Data Collection: Instead of verifying records manually, First Advantage relies on bulk data scraping and automated searches.
• Failure to Cross-Check Identifiers: They ignore key differentiators such as Social Security numbers, birthdates, addresses, and even physical descriptions.
• Reinsertion of Incorrect Data: Even after disputes are resolved, First Advantage has been known to reinsert previously removed inaccurate information, violating FCRA regulations.

First Advantage’s Violations of the FCRA

Under the FCRA (15 U.S.C. § 1681e(b)), background check companies must follow reasonable procedures to ensure maximum possible accuracy in their reports. First Advantage has consistently failed in this duty by:

• Reporting false criminal records on innocent consumers
• Repeatedly reintroducing errors into reports after they have been disputed and removed
• Failing to notify affected individuals when incorrect information is added back to their files
• Delaying the correction of inaccurate reports, causing prolonged unemployment and hardship

Violations of 15 U.S.C. § 1681i – Consumer Dispute Process Failures

Under 15 U.S.C. § 1681i, when a consumer disputes inaccurate information in a background check, the consumer reporting agency must conduct a reasonable reinvestigation and correct or delete any errors. First Advantage has failed to comply with these requirements by:

• Ignoring Consumer Disputes: Taking weeks or even months to respond to consumers who challenge inaccuracies.
• Reinserting Incorrect Information: Even after confirming a report contained errors, First Advantage has placed the same inaccurate data back into consumer files without notifying them.
• Failure to Notify Consumers: Under the FCRA, agencies must inform consumers of the results of reinvestigations and any corrections made, which First Advantage frequently neglects to do.

This blatant disregard for legal requirements under 1681i leaves consumers fighting an uphill battle, often missing out on jobs while waiting for their reports to be fixed.

The Consequences of First Advantage’s Negligence

Victims of First Advantage’s mistakes often face severe consequences, including:

• Lost Job Opportunities: Employers reject applicants due to inaccurate background checks.
• Emotional and Psychological Distress: The stress of fighting to correct these errors can be overwhelming.
• Financial Hardship: Job seekers may go months without work while disputing incorrect records.
• Damage to Reputation: Being falsely labeled as a criminal can cause lasting reputational harm.

Holding First Advantage Accountable

If you have been wrongfully denied a job due to an incorrect First Advantage background check, you may have legal options under the Fair Credit Reporting Act (FCRA). You could be entitled to:

• Actual damages for lost wages and emotional distress
• Statutory damages if violations are proven
• Punitive damages to hold First Advantage accountable for reckless practices
• Attorney’s fees and costs, so legal action doesn’t come out of your pocket

What to Do If You’ve Been Affected

If you believe First Advantage has reported false information about you, take these steps:

1. Request Your Report: Obtain a copy of the background check that cost you a job.
2. File a Dispute: Notify First Advantage in writing and demand an immediate correction.
3. Document Everything: Keep records of emails, calls, and any proof showing their errors.
4. Seek Legal Help: If First Advantage does not correct their mistake promptly, you may have grounds to sue under the FCRA.

Final Thoughts

Background check companies like First Advantage must be held accountable for their reckless practices. No one should lose a job or suffer financial hardship due to a company’s failure to follow the law. If you or someone you know has been affected by First Advantage’s inaccurate background checks, contact our office today. We fight to protect consumers and ensure justice is served.

For more information, visit our page on disputing background check errors and learn how we can help you.