Checkr Dispute Resolution: How To Correct Errors on Your Background Report

The FCRA requires Checkr to provide accurate information, but mistakes can still happen, and in some cases, the company may not update the report automatically or may miss vital information. In these instances, a Checkr dispute is the way to correct inaccuracies.

While these examples highlight the need for filing a Checkr dispute to correct information, it's important to understand that Checkr should have verified the information correctly in the first place. If the error arises due to Checkr's failure to update the report automatically or verify information accurately, this may be seen as a violation of the consumer's rights. Even when Checkr makes the necessary corrections, consumers should be compensated for any inconvenience caused by the initial inaccuracy. This includes lost income, job opportunities, or delays that could have been avoided if Checkr had accurately reported the information initially.

When Checkr disputes fail to resolve the issue or when consumers feel that the dispute process is not efficient, it’s crucial to escalate the situation. The consumer may be entitled to legal action. If a Checkr dispute is not handled correctly and the mistake was severe enough to affect the consumer’s employment or other important aspects of their life, filing a Checkr lawsuit may be the next step. This can help the consumer receive the appropriate compensation for lost time, financial harm, and emotional distress caused by the inaccurate report.

How to File a Checkr Dispute Without Being Bound by Arbitration

Checkr arbitration refers to a legal agreement found in Checkr’s Terms and Conditions that requires consumers to resolve disputes through arbitration instead of filing a lawsuit in court. Arbitration is a private legal process where a neutral third party (the arbitrator) reviews the case and makes a binding decision.

Here’s what you need to know about Checkr arbitration:

Mandatory Arbitration Clause: When you log into the Checkr Candidate Portal or agree to their terms, you may be automatically accepting an arbitration agreement. This means if there’s an error in your background check, you cannot immediately sue Checkr in court - you must go through arbitration first.

• Less Favorable for Consumers: Arbitration often favors companies, limits the ability to gather evidence, and usually results in lower compensation compared to lawsuits. You may also lose the right to participate in a class action lawsuit against Checkr.
• Opting Out: If you’ve accepted Checkr’s terms recently (within the last 30 days), you can send an email to arbitration@checkr.com to opt out of the arbitration clause. Be sure to clearly state your intent to opt out and include your full name, date of birth, and last four digits of your SSN.
• How to Avoid It: To avoid agreeing to arbitration in the first place, don’t log into the Candidate Portal. Instead, request your report or file a Checkr dispute via email to avoid being bound by the terms.
  1. Avoid Logging into the Checkr Candidate Portal: When you log into Checkr’s Candidate Portal, you’ll be prompted to accept their Terms and Conditions, including the arbitration clause. Once you accept, you may lose the option to bypass arbitration. Therefore, avoid logging into your Candidate Portal if possible.
  2. File a Dispute by Email: If you find an error on your report, you can file a dispute without entering the Candidate Portal. Send a dispute at legal@checkr.com. In your dispute, provide your personal details and clearly describe the error. Attach supporting documents to help Checkr investigate the issue.
  3. Opt-Out of Arbitration (If Already Accepted): If you’ve already logged into your Candidate Portal and accepted the arbitration clause, you still have the option to opt out of arbitration. You must do this within 30 days of accepting the terms. To opt out, send an email to arbitration@checkr.com, clearly requesting to permanently opt out of the arbitration agreement. Make sure to include your personal details, including your name, date of birth, and the last four digits of your SSN, and explicitly state your intention to opt out of arbitration.
  4. Consult an FCRA Attorney: Before initiating any communication with Checkr, consider consulting an FCRA attorney to ensure your dispute is handled correctly. An attorney can help guide you through the process and ensure that your dispute is filed properly, especially if you wish to avoid arbitration and pursue other legal options.

By taking these steps, you can dispute errors on your Checkr background report while avoiding arbitration, allowing you to retain your rights for legal recourse. If your dispute is not resolved, you can pursue a lawsuit for compensation under the Fair Credit Reporting Act (FCRA).

Can You Sue Checkr Without Filing a Dispute First? Yes - Here’s When and Why

If you've been affected by an error on your Checkr background check, your first instinct might be to file a dispute. However, under the Fair Credit Reporting Act (FCRA), you don’t always need to go through the Checkr dispute process before taking legal action. In some cases, you have the right to sue Checkr immediately - especially when the error is serious, obvious, and the result of Checkr’s failure to meet its legal obligations.

Here are five specific situations where you can sue Checkr without first filing a dispute:

1. Mismatched Criminal Records

If Checkr incorrectly reports another person’s criminal history on your background check - because of similar names, birth dates, or other mismatched identifiers - you don’t have to file a dispute before suing. This is a clear failure by Checkr to properly verify and match public records. Under the FCRA, they are required to ensure maximum possible accuracy, and mixing up criminal records is a direct violation of that duty.

2. Reporting Expunged or Sealed Records

Checkr should never include expunged or sealed cases in a background check. If your report shows legally cleared records, you have every right to take legal action. Including such information is a clear FCRA violation, and you can sue for damages without first submitting a Checkr dispute.

3. Outdated or Inaccurate Criminal Case Information

If Checkr reports a dismissed charge that's more than seven years old, or continues to list a criminal case as "pending" even after it's been resolved, that’s grounds for a lawsuit. Especially when the correct status is available in public court records, Checkr is responsible for ensuring your report reflects updated and accurate case details.

4. Failure to Verify Driver’s License or SSN

If Checkr fails to properly verify your driver’s license status or your Social Security Number, leading to job rejections or other harm, you can file a lawsuit right away. Inaccurate motor vehicle records or identification errors are not just frustrating - they can cost you real income, and Checkr is liable if they didn’t take reasonable steps to verify this data.

5. Immediate Job Loss or Financial Harm

In cases where an error in your Checkr report directly causes job loss, a rescinded offer, housing denial, or another urgent financial impact, suing may be the best option. Especially when the error is blatant and serious, waiting on a slow or ineffective Checkr dispute process might not be in your best interest.

Why a Dispute Isn’t Always Required

The FCRA does not require consumers to file a dispute before suing if the reporting agency (Checkr, in this case) failed to follow proper procedures or verify information as required by law. If Checkr’s mistake was negligent, avoidable, or obviously incorrect, you're not obligated to give them a second chance before pursuing legal remedies.

Consult an FCRA Attorney First

If you're unsure whether your case qualifies, it’s smart to speak with an FCRA attorney or legal assistant before initiating contact with Checkr. They can evaluate whether you're eligible for compensation for lost wages, emotional distress, and reputational damage, and guide you toward the best course of action - whether that’s a lawsuit or a formal dispute.

In summary, if Checkr’s error was significant and preventable, don’t assume you have to wait. You may have the legal right to take action - and get compensated - without going through the standard Checkr dispute process.