When has a background check company violated the law?

If a private background check company does any of the following actions, it has broken the law and violated your legal rights:

    Reporting information that is not legally allowed to show up in your background check report;[1954]
    Reporting inaccurate or out-of-date information, without first verifying that the information is correct and up-to-date beforehand;[1955]
    Failing to report the final disposition of arrests or charges that did not result in a conviction (e.g., you were never charged, or the charges were dismissed); convictions that have been dismissed under Cal. Penal Code § 1203.4; or charges where you plead guilty to a lesser offense;[1956]
    Giving a copy of your background check report to someone who is not authorized to receive a copy—including an employer who has not promised to comply with legal requirements of notice and permission;[1957]
    Refusing to investigate or correct mistakes in your background check;[1958]
    Refusing to give you a copy of the report provided to your employer;[1959]
    Refusing to let you see the information that the Background check company used to conduct your background check; report;[1960]
    Reporting information on someone who has a similar name.[1961]
  1. 1954

    Cal. Civ. Code §§ 1786.12(f), 1786.18; see also § 1786.20. ↑

  2. 1955

    Cal. Civ. Code §§ 1786.18(c), 1786.28, 1786.30. ↑

  3. 1956

    Cal. Civ. Code § 1786.28. ↑

  4. 1957

    Cal. Civ. Code §§ 1786.12, 1786.16(a)(4). ↑

  5. 1958

    Cal. Civ. Code § 1786.24. ↑

  6. 1959

    Cal. Civ. Code § 1786.11. ↑

  7. 1960

    Cal. Civ. Code §§ 1786.10, 1786.22. ↑

  8. 1961

    See, e.g., Jones v. Halstead Mgmt. Co., No. 14-CV-3125 (VEC) (order denying motion to dismiss, Jan. 27, 2015) (SDNY). ↑