Consumer complaint received 2021-11-19
Company: Checkr, Inc
State: FL
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Other personal consumer report
Issue: Problem with a company's investigation into an existing issue
Sub-issue: Their investigation did not fix an error on your report

Complaint:
I've been in the process of applying to work for XXXX, amongst other companies that offer work to Independent Contractors which required I wait on a Background report from XXXX. 

Originally, the XXXX was Dated for XXXX of XXXX. At the time I had a background report which contained an adverse reaction. This was a Criminal Conviction Offense date just about 9 years ago, and the conviction going back to XXXX years as of XX/XX/XXXX. 

I decided to look into XXXX XXXX of the XXXX to fully enlighten myself as to my rights as a consumer. 

This is what I discovered : XXXX. Requirements relating to information contained in consumer reports [ XXXX XXXX. XXXX ] ( a ) Information excluded from consumer reports. Except as authorized under subsection ( b ) of this section, no consumer reporting agency XXXX make any consumer report containing any of the following items of information : ( XXXX ) Cases under title XXXX [ United States XXXX ] or under the Bankruptcy XXXX that, from the date of entry of the order for relief or the date of adjudication, as the case XXXX be, antedate the report by more than 10 years. 
( XXXX ) Civil suits, civil judgments, and records of arrest that from date of entry, antedate the report by more than XXXX years or until the governing statute of limitations has expired, whichever is the longer period. 
( XXXX ) Paid tax liens which, from date of payment, antedate the report by more than XXXX years. 
XXXX As written in section XXXX ( a ) ( XXXX ) ( B ) of the XXXX in XXXX. The previous version of section XXXX ( b ) ( XXXX ), added in XXXX by the FACT Act, contained XXXX subsections ( A ) and ( B ). The latter stated that the rules required to be prescribed by the XXXX financial agencies ( not including the XXXX ) be finalized by XX/XX/XXXX. 
XXXX - XXXX U.S.C. XXXX XXXX ( XXXX ) Accounts placed for collection or charged to profit and loss which antedate the report by more than XXXX years. 
( XXXX ) Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than XXXX years. 

It became clear to me according to Paragraph XXXX, XXXX is in violation of disclosing information that " antedates the report by more than XXXX  years. '' I have filed multiple disputes and have gone on to go back and forth via email to try to get the matter resolved, but they refuse to remove disclosure of the information. 

According to the next section : XXXX. Civil liability for negligent noncompliance [ XXXX XXXX. XXXX ] ( a ) In general. Any person who is negligent in failing to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of ( XXXX ) any actual damages sustained by the consumer as a result of the failure; and ( XXXX ) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorneys fees as determined by the court. 
( b ) XXXX fees. On a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorneys fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper. 

XXXX is in violation through both Negligence and as of today, XX/XX/XXXX, and also XXXX to abide by the aforementioned United States XXXX. 

I'm calling to question the XXXX of their background check procedure or the facilitators & furnishers of the background check. 

Checkr Request # XXXX

Company response to consumer: Closed with explanation