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  • If a background screening company mixed me with someone else more than once, does that increase my legal claim?

Texas|02/2026

If a background screening company mixed me with someone else more than once, does that increase my legal claim?

This isn’t the first time this has happened. I disputed a mixed file before, thought it was fixed, and now the same problem showed up again. Same type of error. Same careless matching. Different opportunity on the line.


 

Answer from

Yes. Repeated mixed-file errors are a major red flag. Courts often see repeat mistakes as evidence that a company failed to fix known problems or never implemented reasonable procedures in the first place.

Multiple incidents can support claims of:

  • Unreasonable accuracy procedures.
  • Willful or reckless misconduct.
  • Systemic failure to prevent identity mismatches.

Repeat errors often significantly increase potential damages under the FCRA.

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