My background check shows records for someone with the same name. Can I sue under the FCRA for mixed files?

Yes, name-based mismatching is one of the clearest forms of an FCRA violation. Screening companies must use sufficient identifiers to ensure the record truly belongs to you. Reporting someone else’s criminal history simply because they share your name is not considered a “reasonable procedure.”

You may be able to sue if:

• The company failed to verify identity beyond the name.
• You were denied employment or delayed because of the error.
• The company repeated the mistake after you notified them.

Compensation may include lost wages, emotional distress, and punitive damages.