Can I sue Checkr for reporting someone else's criminal record on my background check?

Question

I drive for a rideshare company and my entire income depends on staying active on the platform. Last week, my account was suddenly deactivated because of "background check issues" and when I pulled my Checkr report, it shows a felony conviction that absolutely is not mine. The case is from a state I've never lived in, the middle name is completely different, and the age doesn't even match. I disputed it immediately through Checkr's portal and uploaded my driver's license and Social Security card, but they just sent back a generic message saying it will take "up to 30 days" to review. Meanwhile, I'm not earning anything - no rides, no income, nothing. This is devastating my finances and it's all because Checkr confused me with someone else. Do I have legal grounds to sue them for this mistake, and can I get compensation for the income I'm losing every single day?

Consumer Attorneys · Accepted Answer

Yes, you likely have strong legal grounds to sue Checkr under the Fair Credit Reporting Act (FCRA). When a background screening company like Checkr reports another person's criminal record under your name, they have violated the FCRA's requirement to use reasonable procedures to ensure maximum possible accuracy. Checkr is required to use multiple identifiers - not just a name - to match criminal records, and the fact that they matched you to a record with a different middle name, from a state you've never lived in, and with a non-matching age strongly suggests they failed to meet this legal standard. Moreover, when you notified them of the error and they failed to correct it promptly, that may constitute an additional FCRA violation.

Your situation involves several actionable violations:

Inaccurate reporting: Checkr reported information that does not belong to you (15 U.S.C. § 1681e(b))
Inadequate reinvestigation: Checkr's 30-day timeline while you suffer ongoing harm may violate their duty to conduct a reasonable reinvestigation (15 U.S.C. § 1681i)
Failure to follow reasonable procedures: Matching based on name alone without verifying other identifiers
Failure to provide required notices: If Checkr didn't properly notify you before reporting adverse information

We understand the urgency of your situation. Losing income every day because of someone else's criminal record is exactly the type of harm the FCRA was designed to prevent. We can immediately demand that Checkr conduct an expedited reinvestigation, send a corrected report to the rideshare company, and potentially file a lawsuit seeking compensation for your lost wages, emotional distress, and other damages. Under the FCRA, if we win your case, Checkr must pay our attorney's fees, so you won't pay anything out of pocket. Contact us today for a free consultation - we've helped many rideshare and delivery drivers get back on the road after Checkr errors.