Failed a Shipt Background Check?

The gig work economy is thriving largely due to the influx of companies providing delivery services to consumers. Shipt is one of the leading on-demand grocery and retail delivery services, offering two ways for workers to generate income through the platform. Workers can join exclusively as drivers (with a dedicated route delivering for its parent company, Target) or as shoppers (shopping and delivering customer lists at various grocery and retail stores).

Failing a Shipt background check is deflating to new applicants looking to join the platform and devastating to those current Shipt Drivers and Shoppers who rely on the platform for either a part-time or full-time income. Whether your Shipt application was denied based on an initial background check or you were deactivated for information that surfaced in a subsequent check, it is critical to understand what to do next.

At Consumer Attorneys, background check errors are our area of expertise. We’ve helped thousands of clients fight back against faulty data to reactivate accounts, repair credit profiles, salvage careers, and get compensated. I’ll explain the Shipt background check process, why people fail it, what to do if the data in your background check report is wrong, how to protect yourself, and where to turn when you need legal help.

Does Shipt do background checks?

If you’re wondering if there is a background check for Shipt, the answer is yes. Shipt runs background checks on all current and prospective Shipt Drivers and Shoppers. So, to get work through the Shipt platform, you will undergo an initial background check when you first apply and subsequent background checks throughout your time working with Shipt.

What does a Shipt background check look for?

Shipt provides very little information about what its employment-related background check is looking for other than describing it as “comprehensive” and advising that it includes data from federal databases. The latter likely means Shipt screens for anyone on a federal watch list.

Since Shipt workers have access to customers’ private addresses and operate vehicles in the course of the workday, they may be subject to a background check that includes such things as a credit check, criminal records screening, and motor vehicle screening. Other things that may be included are employment and education verifications.

Shipt Uses Checkr for Its Background Checks

Shipt does not run employment-related background checks itself. If you’re wondering who does background checks for Shipt, the answer is that it hires a third-party consumer reporting agency (CRA) called Checkr to run the reports. Checkr then purchases data about you from various sources called data furnishers. These companies include banks, credit card companies, prior employers and landlords, and municipal record offices.

How long does a Shipt background check take?

Shipt background checks can take several days to several weeks. When your Shipt background check is in progress, and there are delays in the process, it is usually due to an issue with Checkr. The most common reasons for a delayed report are:

• incomplete candidate information
• delays at the county record level (backlogs, staffing issues, etc.)
• common names triggering the need for more extensive research
• name changes, particularly those not associated with marriage, triggering the need for more extensive research

Whether you’re waiting to begin your career with Shipt or to reactivate a Shipt account, any delays in running background checks can feel like forever. Try to be patient when your Shipt background check status is pending. Once the check is complete, you’ll be notified and empowered to make the best decisions to protect yourself going forward.

Shipt Background Check Complaints

Applicants and current Shipt Drivers and Shoppers have filed Shipt complaints specifically about the background check process. Typically, complaints revolve around the Shipt background check time, with many believing the process takes too long. Other complaints include the fact that misleading, inaccurate, or false information is reported, resulting in a Shipt application being denied or the deactivation of someone already using the platform.

What if you received a pre-adverse action notice from Shipt? What are your legal rights?

An adverse action is an action that a company takes against an applicant or employee. Shipt uses a pre-adverse action notice (PAAN) to give applicants or current Shipt Drivers or Shoppers advanced warning that information in a background check has likely rendered you ineligible to use the platform. In other words, if your background check report comes back flagged as containing disqualifying information, Shipt will issue you a PAAN to give you a heads-up that it anticipates that your Shipt application will be denied or your access to the Shipt platform will be revoked.

A PAAN is typically sent with an accompanying copy of the background check report, an explanation or indication of which factor(s) contributed to the disqualification, and an explanation of how to dispute the information. Generally, the notice will specify a period of time in which you must respond to Shipt with any relevant information to dispute or contradict the findings in the report.

The Fair Credit Reporting Act

Importantly, you DO have legal rights in this situation. The Fair Credit Reporting Act (FCRA) is a federal law that regulates the collecting, reviewing, and compiling of the consumer data that goes into these reports. Under the FCRA, companies must “follow reasonable procedures to assure maximum possible accuracy” in the preparation of consumer reports, including employment-related background checks. 15 U.S. Code § 1681e - Compliance procedures.

Many states also have laws that mirror the FCRA, which means that you have several routes of potential recourse against a company that violates your rights or its obligations under the Act.

If the information in your background check report is inaccurate, misleading, or false, you have the right to:

1. Dispute the information.
2. A thorough and adequate investigation of the disputed information.
3. A correction of any confirmed errors.
4. Compensation for any financial or emotional harm.

In addition, the FCRA places obligations on the companies who buy, sell, and compile this data to use a legally determined duty of care. They must devise and implement processes and protocols that will limit errors and harm. They also must investigate disputes thoroughly, remediate errors, and act within prescribed time frames.

How to Dispute an Unfair Background Check Report from Shipt

1. Contact an attorney. If you are facing the prospect of having to dispute erroneous information in your background check report, the first thing you should do is contact a background check lawyer. Though you can navigate the dispute and resolution process yourself, it is worth noting that there is very little incentive for the companies involved in these disputes to put in the necessary time, attention, and money to properly investigate them.
   
   Rather, a fairly common response upon notification of a dispute over erroneous data is to conduct a self-confirming, cursory investigation. In other words, Checkr might simply contact the company that supplied the disputed data, receive confirmation that it's accurate, and deny the dispute. This practice is called “parroting” since it involves simply repeating information rather than actively investigating it.
2. Review your background check report. Be thorough and take great notes. Being as well-versed as you can in the erroneous information and where it’s coming from is important. An attorney is a great asset for reviewing and assessing these reports.
3. Respond within deadlines. Keep track of any deadlines for responding or disputing and respond accordingly. Failing to follow the basic protocols could inadvertently complicate the process.
4. Provide documentation. Similarly, be sure to provide any requested documentation in support of your claim. We advise against using online platforms to formally dispute data or provide documentation. It is common practice for use of these platforms to require that you waive certain legal rights, including the right to file a Shipt lawsuit if that becomes necessary.
5. Contact an attorney if you’ve been unsuccessful. Though we recommend embracing legal advice from the beginning, if you didn’t talk to an attorney first and now you find yourself running up against roadblocks, delays, and denials without any forward momentum, call one now.

What if you are harmed by false information or errors in your Shipt background check report?

If you are harmed by false information or errors in your Shipt background check report, you have legal rights under both federal and state law to pursue correction and compensation. (See above for a detailed explanation of your rights and who is responsible if they are violated.

Can you file a lawsuit against Shipt if your report includes inaccurate or illegal info?

Generally, you can’t sue Shipt for simply relying on the information included in your background report, even if it is erroneous.

Since companies buy background check reports from other companies, and those other companies buy background check data from yet more companies, the web of data is vast. The error may have come from any number of places along the way. However, since Shipt uses a company called Checkr to run its background checks and issue reports on applicants and current platform users, Checkr is most likely to be the actual target of a Shipt lawsuit.

This is because Shipt relies in good faith on the information it purchases from Checkr. The latter is responsible for gathering, reviewing, and reporting the data. So, the responsible party is Checkr, along with any other companies or entities who may have provided the erroneous data to Checkr.

There are some circumstances in which Shipt could also make itself legally liable. For instance, if Shipt reports the erroneous data to another company or entity, then Shipt may open itself up to a lawsuit. This is especially so if you’ve already begun the dispute process and informed Shipt that you are contesting the information in the background check report that resulted in your Shipt application being denied or your Shipt account deactivated.

What about other claims?

Outside of background check errors, Shipt, like any employer, may be liable for any unfair, illegal, or discriminatory conduct. It is important to know that Shipt Drivers and Shoppers are considered Independent Contractor positions, so certain legal rights, obligations, and benefits differ from a standard employment contract. But you still have rights as a worker using the Shipt platform, and if you know or suspect that you have been treated improperly by the company, you should contact an attorney for a review of your situation.

We Are Ready to Assert Your FCRA Rights

If your career working as a Shipt Driver or Shopper is in jeopardy due to a failed background check, which included misleading, inaccurate, or false information, then your situation falls directly within the purview of the FCRA.

The attorneys at Consumer Attorneys are FCRA pros. We know every nuance of the FCRA and how to optimize your legal strategy, claims, and compensation under this critical consumer protection law.

Call or contact us today for a free evaluation of your rights and a discussion of the best possible strategy for repairing the harm you suffered due to these errors. There are several ways to reach us: call +1 877-615-1725, email [email protected], fill out the online intake form, or use the convenient virtual chat option to contact our dispatcher.

Our attorneys' fees and costs are paid by the companies we sue, and we only get paid if you win.

We look forward to helping you!