When you apply for a job or apartment, you may not think twice about a background check. However, it’s important to understand that you have rights when it comes to background checks, so ensuring you understand these matters is critical to shielding your rights as a consumer. The following blog explores some of the most important rules companies must adhere to when conducting background screenings and how an Arroyo Grande consumer lawyer can help if you believe your rights were violated.
Are There Any Rules For Conducting Background Checks?
First and foremost, it’s important to understand what is included in a background check. Generally, this is a screening used by certain entities to determine a candidate’s eligibility. For example, an employer can conduct a background screening to see if someone applying for a commercial truck driving position has ever had a DUI, or a landlord may run a check on an apartment applicant to see if they are responsible and make payments on time. However, those who conduct background checks must be very careful to ensure they do not violate the rights of consumers.
One of the most common rules that companies must adhere to is ensuring they have a permissible purpose to conduct a check. In order to protect the privacy of consumers, those who conduct background screenings cannot simply do so because they want to obtain information about others. Instead, they need to have an acceptable reason, like employment or housing, to conduct the search. Even with permissible purposes, companies are still required to disclose the search and obtain written consent to run the check.
In addition to ensuring applicants are aware of a search taking place, consumers have the right to request information regarding the outcomes of the search. If a company finds negative information that impacts its decision not to hire you, it must inform you of that information and provide you the opportunity to dispute any inaccurate information.
What Should I Do if My Rights Are Violated?
If your consumer rights are violated why a company or individual, it’s important to understand your legal options. Whether you had a background check illegally conducted or a potential employer refused to tell you what information on your report influenced their decision, the most important thing you can do is connect with an experienced consumer defense attorney.
Generally, background checks are protected under the Fair Credit Reporting Act (FCRA), which not only regulates who can access consumer information but also helps provide consumers the right to accurate and true information on their accounts. As such, if there is any information that negatively impacts the outcome of an application, you can dispute it with both the credit reporting agency and the entity conducting the background check.
As you can see, you have many rights as a consumer when subject to background checks. Understanding your rights can help prevent you from being taken advantage of by companies and corporations. If your rights are violated, however, it’s critical to fight for the justice you deserve. At Loker Law, APC, we understand how difficult these matters can be. That is why our firm is committed to protecting your best interest. When you need help, do not hesitate to contact us to discuss your circumstances with a member of our team.
