Have You Been Denied For a Job Or Apartment Due to a Background or Credit Check?
If you’re looking for a job, or an apartment, there’s a good chance that someone will be looking at you — closely. They may search for your name online, run a credit check or order a background report. There are strict legal guidelines around what a company must do in these situations and if a company turns you down without following them they could end up owing you thousands of dollars.
Background and credit checks for job or apartment applicants are governed under two laws: The federal Fair Credit Reporting Act, and a Californian state law known as the Investigative Consumer Reporting Agencies Act.
The California ICRAA offers even greater protections that the FCRA, (for more on the FCRA, visit here.) Violations of the ICRAA can result in stiff penalties for both the company that issued the report and for the employer. Under the ICRAA you can sue for actual damages or $10,000, whichever is greater, if a company violates your rights.
Your Rights Under The Law
Under the California ICRAA, before a background check is conducted by a third party you should receive a notice that:
- States the purpose of the report
- Gives the name, address, and telephone number of the screening company
- Includes a summary of your rights to see and copy any report about you
- Includes a box to check if you want a copy of your report. If you indicate you want a copy of your report, it should be sent within three business days of the date the employer receives it.
If you are turned down for a job or apartment due to something negative appearing in a background or credit check, the company MUST send what is called an “Adverse Action Letter”, which informs you that your application has been turned down due to something in that report. If they fail to do so, or don’t have the correct language in that letter, you may be eligible for $10,000 in compensation under the ICRAA.
If you have been turned down for a job or apartment due to something negative on a background check or credit report – whether you received an adverse action letter or not- or if you believe that a company violated your rights during an application process, contact Kazerouni Law Group, APC, today. Your initial case evaluation is absolutely free, and you wont pay a dime unless we win or settle your case.