Can I Sue Checkr for an Incorrect Report?

Question

I got a job offer and they used Checkr for the background check. The report came back showing a felony, but the charge was a misdemeanor. I've never had a felony in my life. The employer rescinded the offer the same day. I pulled the docket screenshot from the court website. It clearly shows misdemeanor. I don't know what Checkr put in that report or why. Can I sue Checkr? Do I have any rights here? I need to know now.

Consumer Attorneys · Accepted Answer

When a background check company like Checkr reports a misdemeanor as a felony, that is the kind of inaccuracy the Fair Credit Reporting Act (FCRA) was designed to address. Checkr operates as a consumer reporting agency under the FCRA, which means it has a legal obligation to follow reasonable procedures to ensure the accuracy of the information it reports. A Checkr incorrect report, particularly one that inflates charge severity, can trigger liability under the FCRA for both the reporting agency and, in some cases, the employer who relied on the report. If you believe your record was misreported, legal action under the FCRA may be an option worth exploring with an attorney.

What to gather / what to request / what to document:

Obtain a copy of the Checkr report you were given. Under the FCRA, you have the right to a free copy of any consumer report used against you in an adverse action.
Gather your court docket screenshot or disposition letter showing the actual charge level (misdemeanor, not felony).
Document the timeline: when you received the offer, when the background check was run, and when the offer was rescinded.
Note any pre-adverse or adverse action notice Checkr or the employer sent you. Failure to provide proper notice can itself be an FCRA violation.
Write down every conversation or communication with the employer and Checkr, including dates and what was said.
Preserve all emails, letters, and any dispute correspondence in a secure location.

If you want to sue Checkr or explore a lawsuit against Checkr, Consumer Attorneys offers free case reviews and works on a contingency basis, meaning no out-of-pocket cost to you. Timelines under the FCRA matter. There are statutes of limitations, and evidence can become harder to retrieve over time. Consider reaching out now, with your documents ready, so an attorney can evaluate whether you may have a viable claim.