Common Fair Credit Reporting Act (FCRA) Violations
Designed to provide protection for individuals, the Fair Credit Reporting Act (FCRA) is in place to be sure a person’s credit information is correct, free of misuse and misreporting. After all, your credit report can influence your life, it can be a deciding factor in you securing a job, an apartment, car loan, or mortgage. If there has been an FCRA violation, you may have been passed over for employment.
If you feel you were mistreated at work or through the hiring process because of an FCRA violation, talk to a Columbus background check attorney.
Large Reporting Agencies Gather Information
The three main credit agencies are Equifax, Experian, and TransUnion. They are all required by law to provide accurate information. They collect and report information when necessary. Of course, when gathering data on hundreds of millions of Americans, errors do occur. Then, corrections need to be made.
FCRA violations include the following:
- Information is old and not updated.
- Inaccurate information is reported.
- Files are mixed up, such as a stranger’s data mixed into your personal report.
- Procedures are not followed correctly.
- Privacy issues, such as a credit report being disclosed without your permission.
- Person or entity pulls your credit report for an impermissible reason.
There are complexities to all of these violations. For example, privacy means that your report can only be disclosed to a permissible party. In order for an employer or potential employer to access your credit report, you need to give your permission for that credit report check.
When a potential employer wants to pull a credit report to make an employment decision, there are certain steps that must be followed. If the employer does not follow the rules, they may have violated the law, either at a state level, a federal level, or both. FCRA violations need to be taken seriously, companies that do not follow the rules need to be held accountable for their actions. Connect with a Columbus background check attorney to learn more.
You Have Rights Under the FCRA
It is important to take action if you suspect there is an issue with your credit report. If there are errors, they need to be corrected. You can contact reporting agencies and ask for a copy of your report. When you notice errors, request corrections in writing. The reporting agency has a responsibility to work with you to maintain an honest report.
And if an employer illegally accessed your report, you may be able to secure financial relief. This includes economic damages, such as lost income and benefits. There are also times when statutory damages are in place. Plus, your legal expenses may be covered and punitive damages could apply. The FCRA is in place to protect individuals, you have rights.
Do you have a suspicion that your credit report was pulled without your permission? Contact the lawyers at Coffman Legal LLC today. We are strong and committed advocates for all Ohio workers and use our experience and knowledge to help you. Call 614-949-1181 for a free and confidential consultation.