When you apply for a new job or apartment, you may not think twice before consenting to a background check. However, it’s important to understand your rights in these matters as a consumer, regardless of whether or not you believe the background check will result in a negative outcome. Entities that conduct background screenings are required to follow a number of important steps in order to remain in compliance with the laws. As such, if you have reason to believe your rights were violated by an employer, lender, or landlord, the following blog explores what you should know about these matters and the importance of working with a California consumer lawyer to protect your rights in these matters.
Who Can Request a Background Check on Me?
First and foremost, it’s important to understand that background checks on individuals are protected under the Fair Credit Reporting Act (FCRA). Essentially, this ensures that consumer privacy is protected by regulating who can conduct a background check and the manner in which they must do so.
Typically, to run a background check on someone, you must have what’s known as “permissible purpose.” This essentially means you cannot run a check on someone without having a reason to do so. Even so, consent must be obtained before screening individuals. As such, you’ll find that background checks are standard when applying for jobs, housing, certain professional licenses, and even loans. Conducting these screenings allows potential employers or landlords to determine if you would be a good fit for a company, your ability to make on-time rent payments, or even if you would be a liability because of your criminal history.
You should note, however, that if an employer or landlord runs a background check on you, the FCRA dictates that, should the information on the report result in the employer or landlord denying the application, the consumer has the right to see the information. In some instances, they may choose to dispute the inclusion of this information if it is incorrect or the result of fraud.
What Should I Do if My Rights Are Violated?
In the event you discover that your rights regarding a background screening have been violated in any way, it’s imperative to understand that you are likely eligible to pursue legal action against the negligent party. For example, if you find that a potential landlord or employer has run a background check on you without obtaining your permission first, one of the most important things you can do is connect with an experienced attorney. Additionally, if the entity that ran the check refuses to provide you with the information you requested after the check is conducted, it can result in legal action.
As you can see, these matters can be incredibly difficult to navigate. That’s why it’s in your best interest to connect with an experienced consumer defense attorney. At Los Angeles Legal Solutions, we understand how upsetting it can be to learn that your rights have been violated. That’s why we are committed to fighting for your best interest. Connect with us today to discuss these circumstances in further detail.
