Background check errors can have serious consequences for Illinois residents, affecting employment, housing, and credit opportunities. If you've been the victim of an inaccurate background check, Illinois consumer protection laws provide strong rights and remedies. This page explains the types of errors that occur, your legal rights when errors happen, and the steps you can take to dispute inaccurate information and seek legal recourse with the help of a consumer law attorney.
Understanding Background Check Errors and Your Rights
Definition and Types of Errors
Background check companies sometimes report information that is incomplete, outdated, or inaccurate. Common mistakes include reporting arrests without noting the absence of conviction, listing expunged or sealed records, mixing up information between individuals with similar names, reporting incorrect criminal, educational, or employment history, and including negative information that is too old to legally report under state or federal law.
Legal Requirements and Rights
The Illinois Employee Credit Privacy Act prohibits most employers from basing hiring or employment decisions on credit history or reports, and requires notifying individuals and providing a copy of the report if adverse action is taken. The Illinois Human Rights Act requires employers to evaluate criminal records before making adverse hiring decisions and prohibits considering arrests or expunged records.
Under the federal Fair Credit Reporting Act (FCRA), you have the right to be notified if negative background report information is used against you, receive a copy of the report, and dispute inaccurate or incomplete information. Background check agencies must investigate and correct errors, usually within 30 days, and remove unverified disputed information.
Handling Errors and Disputes
If you suspect background check inaccuracies:
1. Request a copy of the report and carefully review it for errors.
2. Dispute mistakes directly with the background check company in writing, identifying each error and providing supporting documentation.
3. Notify the employer or other party of the disputed information.
4. If not satisfactorily resolved, consider filing a complaint with the Illinois Attorney General's office or consulting a consumer law attorney.
Legal Process for Attorney Representation
When an individual who meets the requirements for legal representation due to background check errors contacts a consumer law attorney, the typical process involves:
1. Initial consultation: The attorney reviews the individual's background check report, listens to their situation, and assesses the potential legal claims.
2. Investigation: The attorney gathers additional evidence, contacts the background check company and the party who used the report, and determines the extent of damages suffered by the client.
3. Dispute and demand: The attorney sends a formal dispute letter to the background check company, demanding correction of the errors and compensation for the client's damages. They may also send a demand letter to the employer or landlord if FCRA or state law violations occurred.
4. Negotiation: The attorney negotiates with the background check company and/or the other parties to reach a settlement that compensates the client for their losses and includes corrective measures.
5. Litigation: If a satisfactory settlement cannot be reached, the attorney may file a lawsuit on behalf of the client, seeking damages under the FCRA, Illinois Consumer Fraud Act, and other applicable laws. Litigation can result in actual damages, punitive damages, attorney's fees, and injunctive relief.
Throughout the process, the attorney keeps the client informed, provides legal guidance, and advocates for their rights and interests. Engaging a consumer law attorney can help ensure that background check errors are properly addressed and that the individual receives the maximum compensation and remedies available under the law.
