Can I sue Uber and the background check company if my report shows a DUI from before I was born?

Question

I'm 28 years old and I just got deactivated from Uber because my background check shows a DUI conviction from 1989 - six years before I was even born. I was shocked when I saw this on my Checkr report. The person's name is somewhat similar to mine but everything else is different - different birthdate obviously, different social security number, different license number. This is such an obvious mistake that I can't believe it even happened. I disputed it immediately pointing out that I wasn't alive when this DUI occurred, but Checkr came back saying the information has been "verified as accurate." How can a DUI from before I was born be accurate? Meanwhile, Uber won't reactivate me and I've already lost two weeks of income. This is absolutely ridiculous and I want to know if I can sue both Uber and Checkr for this insane error.

Consumer Attorneys · Accepted Answer

This is one of the clearest examples of an FCRA violation we've seen. A background check showing a DUI conviction from before you were born is such an obvious error that it demonstrates either:

Complete failure of reasonable matching procedures
No human review of the results whatsoever
Possible willful or reckless disregard for accuracy

When Checkr "verified as accurate" a DUI that occurred before your birth, they're admitting they didn't even check basic facts like whether you were alive at the time of the offense. This is exactly the type of negligent or willful conduct the FCRA was designed to prevent.

Your situation is particularly strong for several reasons:

Undeniable proof of error: The impossibility of you committing a crime before birth is irrefutable evidence of a mixed file
Verification without investigation: Checkr's "verification" proves they conducted no meaningful review
Severe consequences: Loss of income from Uber deactivation
Possible willful violation: The obviousness of the error could support claims of willful noncompliance

Here's your immediate action plan:

Document the impossibility: Get a certified copy of your birth certificate to prove you weren't alive in 1989, your driver's license showing your actual birthdate, and your Social Security card showing your actual SSN.
Save all correspondence: Keep every communication with Checkr where they claimed this impossible DUI was "verified" - this is evidence of their failure to conduct reasonable procedures.
Get your state's driving record: Request an official MVR from your state DMV showing your actual driving history with no DUI.
Preserve income loss records: Document exactly how much money you've lost from Uber since deactivation.
Contact us immediately: This case likely qualifies for willful noncompliance under the FCRA, which means:
- Actual damages for all lost income
- Statutory damages between $100-$1,000
- Potential punitive damages to punish this egregious error
- Attorney's fees paid by the defendants

You may have claims against both:

Checkr for reporting someone else's DUI on your background check and claiming it was "verified" despite the impossibility
Uber if they failed to properly review the obvious error before deactivating you

The fact that you disputed this with proof you weren't born yet and Checkr still claimed it was accurate is particularly damaging to their defense. No reasonable person could verify a DUI from before someone's birth as accurate.

This isn't just negligence - this could be willful misconduct. We can pursue maximum damages and make sure both companies are held fully accountable for this absurd violation of your rights.