Background check mixed me with someone else. Can I dispute and sue?

Question

I’ve already started disputing the error. I uploaded documents. I explained the mismatch. Now I’m waiting. But I’m worried that by going through the dispute process, I’m locking myself into whatever outcome they decide to give me.

Consumer Attorneys · Accepted Answer

That uncertainty is common - and it’s often misplaced.

Yes, you can dispute the error and still pursue legal action. These are separate rights under the FCRA. Disputing forces the company to investigate and correct the report. Legal action addresses the harm caused by the error and how the company handled it.

In fact, many strong cases are built around:

Superficial or rubber-stamp reinvestigations.
“Ignored” or dismissed evidence.
Repeated reporting of the same mixed file after notice.

The way a screening company responds to your dispute can be just as important as the original mistake.