Background screening company mixed me with someone else twice. Does that strengthen my FCRA case?

Question

This isn't my first rodeo with background check errors, and I'm starting to think it's not a coincidence. Three years ago, I had to dispute a criminal record that showed up on my report from a different screening company - it wasn't mine, they eventually removed it after I provided proof, and I thought that was the end of it. Now I'm applying for a new position and the same exact problem happened again with a different company. Someone else's criminal charges are on my report, different person but same type of error - they matched me based on name without checking anything else. I'm beyond frustrated because I went through this entire nightmare once already. Does the fact that this has happened to me twice make any difference legally? Can I use the previous incident as evidence that these companies need to be more careful?

Consumer Attorneys · Accepted Answer

Yes, absolutely. Repeated mixed file errors significantly strengthen your FCRA case and can dramatically increase potential damages. When screening companies make the same type of matching error multiple times - even if it's different companies - it demonstrates a systemic problem with industry practices.

Courts view repeated errors as evidence that companies are not implementing reasonable procedures. Each new incident shows the problem isn't a one-time mistake but an ongoing failure. This can support claims of:

Legal implications of repeated errors:

Willful violations: Repeated mistakes suggest the company knew or should have known their procedures were inadequate
Higher damages: Courts may award increased compensation when errors are repetitive
Punitive damages: Systematic failures can justify punishing the company beyond just compensating you
Industry-wide problems: Multiple incidents help prove the entire screening industry needs stronger safeguards

We can use your history to build a powerful case. The fact that you've experienced this twice shows you're particularly vulnerable to name-based matching errors, which means screening companies should use extra care. Contact us today - repeated violations often result in significantly higher settlements and verdicts because they demonstrate reckless disregard for accuracy.