CHECKRED PAST — When You Can Sue Checkr For Background check Errors
Think Checkr made a mistake on your background check?
You might not need to file a dispute before taking legal action. R23 Law’s California Consumer Protection Attorneys explain your options.
When Checkr Gets It Wrong, You Don’t Always Have to Wait
If your job offer vanished or a rental application was denied because of a mistake on your Checkr background check, you’re not alone. And here’s the kicker: You may not need to go through their slow, often ineffective dispute process before suing. Thanks to the Fair Credit Reporting Act (FCRA), California consumers have legal rights—and R23 Law’s California Consumer Protection Attorneys are here to make sure you know how to use them.
What Is Checkr—and Why Are Their Reports So Problematic?
Checkr is a major player in background screening for gig economy platforms, employers, and landlords. While they promise cutting-edge tech, the reality for many consumers is outdated, mismatched, or downright false information. One error can cost you a job, housing, or your reputation.
The good news? If Checkr failed to verify the accuracy of your information or included legally barred content like sealed records, that could be a direct FCRA violation—and grounds for a lawsuit without waiting.
5 Times You Don’t Need to File a Dispute Before Suing Checkr
Under the FCRA, you’re not always required to file a dispute before taking legal action. You can bypass the Checkr dispute process and go straight to court if the error is serious enough. Here’s when that applies:
1. Mismatched Criminal Records
If Checkr incorrectly associates another person’s criminal record with yours—due to similar names, dates of birth, or social security numbers—that’s a major red flag. You can file a lawsuit for false information on your background check without waiting for a dispute response.
2. Reporting Expunged or Sealed Records
Including sealed or expunged convictions is a direct violation of your rights. If these show up on your report, legal action is not only justified—it may be the fastest route to compensation.
3. Outdated or Inaccurate Criminal Case Info
Checkr labeling an old or resolved charge as “pending”? If the charge is more than seven years old or legally resolved, that’s an FCRA violation you can sue for immediately.
4. Failure to Verify Your SSN or Driver’s License
Mistakes with your Social Security Number or license can lead to job loss or failed housing applications. You may be entitled to sue right away—especially if Checkr didn’t take reasonable steps to verify your identity.
5. Immediate Job Loss or Financial Harm
Did an error directly cause job loss, a rescinded offer, or a financial crisis? If the damage is urgent and significant, filing a lawsuit may be more effective than waiting on Checkr to respond.
What About Arbitration? Can You Still Sue?
Checkr’s Terms of Service often include a mandatory arbitration clause, which limits your right to file in court. But there's a workaround:
Avoid logging into the Checkr Candidate Portal, which could auto-accept arbitration terms.
File your dispute via email to avoid binding arbitration.
Opt out of arbitration within 30 days if you already accepted the terms by sending a formal request to: arbitration@checkr.com.
R23 Law’s California Consumer Protection Attorneys can advise you on how to navigate or challenge these clauses.
Why It’s Critical to Act Fast
Errors in background checks can lead to long-term damage. You don’t need to give Checkr multiple chances if the violation is clear and significant. By pursuing legal action under the FCRA, you can seek compensation for:
Lost wages or job opportunities
Emotional distress and reputational harm
Financial losses tied to incorrect reports
R23 Law’s California Consumer Protection Attorneys Are On Your Side
At R23 Law, we fight back when background check companies like Checkr violate your rights. Our attorneys specialize in consumer protection and FCRA litigation. We’ll help you determine:
Whether you need to file a dispute first
If arbitration applies—and how to avoid it
Whether your case qualifies for immediate legal action
How much compensation you may be entitled to
Let’s Fix the Damage and Get You Back on Track
Don’t let an error on your background report derail your future. Contact R23 Law’s California Consumer Protection Attorneys today for a free consultation. We’ll assess your case, help you avoid arbitration pitfalls, and fight to get you the justice—and compensation—you deserve.
