How Do I Sue LexisNexis?

Question

I just found out my LexisNexis background check has someone else's felony conviction on my file. I never had a felony in my life. The charge is listed as a conviction, but it belongs to someone with a similar name. My job offer was rescinded two days ago. They sent a pre-adverse action notice, I disputed it, and nothing changed. The report still shows the wrong record. I need to know what my rights are and whether I can actually take legal action. Can I sue them? What do I do first?

Consumer Attorneys · Accepted Answer

A LexisNexis consumer report showing a felony conviction that belongs to someone else is a serious error, and it may give you grounds to take legal action under the Fair Credit Reporting Act (FCRA). The FCRA requires consumer reporting agencies (CRAs) like LexisNexis to follow reasonable procedures to ensure maximum possible accuracy. When a mixed-file error, such as another person's criminal record appearing on your report, leads to a job offer being rescinded, the harm is real and documented. Knowing how to sue LexisNexis starts with understanding that the FCRA creates a private right of action: if a CRA fails to correct a verifiable error after a proper dispute, and that error caused you harm, you may be entitled to actual damages, statutory damages, and attorney's fees. The dispute process is not just a formality, it is a legal trigger, and how you document it matters.

What to Gather / Request / Document:

Request your full consumer file disclosure from LexisNexis directly - you are entitled to it under the FCRA at no charge after an adverse action.
Save every document tied to the adverse action: the pre-adverse notice, the adverse action letter, the name of the employer, and the exact date the offer was rescinded.
Document your dispute in writing - keep copies of everything you submitted, including certified mail receipts or confirmation emails.
Note the error in detail: whose record appeared, what charge, what disposition, and how it differs from your actual history.
Track all communications with LexisNexis: dates, methods, responses, and whether they acknowledged the correction or failed to act within the 30-day reinvestigation window.
Do not delete any emails, texts, or app notifications related to the job offer or screening process.

Consumer Attorneys may be able to help you evaluate whether you have a viable claim. A free case review can help clarify your options, and timelines under the FCRA matter - delays can limit what remedies are available. If you have already disputed and the error remains, that record of inaction can be significant. Consider reaching out promptly, preserving all documentation, and asking about your right to file a lawsuit against LexisNexis if the dispute process has failed you.