First Advantage mixed me with someone else who has the same name. Can I sue under the FCRA?

Question

I applied for a job, everything was moving forward, and then HR told me they couldn’t continue because of something in my background report. They actually told me the exact charge, and it was the kind of accusation that makes your stomach drop, the kind that changes how people look at you even if it’s not true.

To their credit, they were decent about it. They said they believed me and told me to dispute it with First Advantage immediately because it sounded like a mismatch.

When I pulled the report, the error was so obvious, I can’t understand how it can even happen. The name on the record isn’t even exactly mine, there’s one letter different. I don’t have a middle name at all, and the person in the record does. The date of birth is completely different. Different state, different everything.

I disputed it and uploaded my Drivers License as proof, but First Advantage came back with “verified” and left the record on my report.

Now HR is still being polite, but I can tell they can’t wait forever. I’m worried they’ll move on while this sits in “verified,” and I’m scared this accusation is going to follow me into future applications too.

Consumer Attorneys · Accepted Answer

Based on what you described, this is a textbook misidentification: one-letter name difference, no middle name on your ID, completely different DOB, different state, and First Advantage still “verified” it. That’s exactly the kind of weak matching and rubber-stamp reinvestigation the FCRA is meant to prevent.

Do this immediately:

Save the report, the “verified” dispute result, and any emails from HR (especially anything naming the charge).
Ask HR (in writing) for the pre-adverse/adverse action notice and a short deadline for when they need an updated report.
Send us the report pages showing the record, your dispute confirmation, and your driver’s license. We can escalate fast, demand the source record and matching basis, and push for a corrected report to be sent to the employer.

If you lose the offer or your start date is delayed, sounds like it already was, because First Advantage kept reporting someone else’s record after you disputed it, you may have an FCRA legal claim which may include actual damages, emotional distress, and statutory or punitive damages for willful violations.