Can I Sue Checkr Without Filing a Dispute?

Question

I just got denied housing because of my background check. Checkr's report shows a criminal case that was dismissed - not a conviction. But the property manager said it came back as a conviction and pulled my application. I never knew this was on there until now. I didn't even have time to dispute it first. Can I still sue Checkr for reporting false information? Do I have to go through their dispute process before I can take legal action? I'm panicking. I need to know my options fast.

Consumer Attorneys · Accepted Answer

When a background screening company like Checkr reports a dismissed case as a conviction, that is a potential accuracy violation under the Fair Credit Reporting Act (FCRA). The FCRA requires consumer reporting agencies to follow reasonable procedures to ensure maximum possible accuracy. A dismissed charge appearing as a conviction is exactly the type of error the law was designed to address. Many consumers ask whether they must file a formal dispute before they can sue Checkr - and the answer, generally, is no. While disputing the error directly with Checkr is one option, it is not always a legal prerequisite to filing a lawsuit. In some circumstances, you may be able to sue Checkr for the inaccurate report without first going through their dispute process, particularly if the error caused real harm, such as a housing denial.

What to gather, request, and document:

Obtain a full copy of the Checkr background report used in the housing decision - consumers generally have a right to access this. •
Document the housing denial in writing, including any communications from the property manager or landlord.
Preserve records showing the case was dismissed, such as court documents, case numbers, or disposition notices.
Note the exact dates: when the report was run, when you were denied, and when you first discovered the error.
Avoid deleting any emails, texts, or letters related to the application or denial.
Research the FCRA's two-year statute of limitations - timelines can affect your options significantly. If a dismissed case was reported as a conviction and cost you housing, your situation may have legal merit under the FCRA.

Consumer Attorneys offers free case reviews and can help you understand whether you can sue Checkr, what your rights may be, and how to move forward. Inaccurate background reports cause real damage, and the law may provide real remedies. Do not wait - document everything now, and consider reaching out soon.