Consumer complaint received 2025-04-23 00:00:00
Product: Credit reporting or other personal consumer reports — Other personal consumer report
Issue: Improper use of your report — Report provided to employer without your written authorization
Company: Checkr, Inc
State: SD

Complaint narrative:
Dear Sir or Madam, I am writing to file a formal complaint against XXXX, a consumer reporting agency ( CRA ), for multiple violations of the Fair Credit Reporting Act ( FCRA ) related to an unauthorized and inaccurate background check conducted during my application for the Client Support Technician position at XXXX House in XXXX XXXX, SD. These violations led to my wrongful disqualification from employment, financial harm, and emotional distress. Below, I detail the incident, XXXX FCRA violations, and the remedies I seek. 
Background and Context On around XXXX XXXX 2024, I applied for the Client Support Technician position at XXXX House. XXXX House informed me I was disqualified based on a background check conducted by XXXX, citing my criminal history. However, the background check was conducted without my consent, contained inaccuracies, and was mishandled, violating FCRA requirements and causing me significant harm. 
FCRA Violations by XXXX Conducting a Background Check Without Authorization ( 15 U.S.C. 1681b ( b ) ( 2 ) ) XXXX House failed to obtain my written or verbal consent before XXXX conducted the background check, a clear violation of the FCRA, which requires employers to provide a clear and conspicuous disclosure and obtain written authorization from the applicant. XXXX, as the CRA, failed to verify with XXXX House whether I had provided authorization before furnishing the report. By proceeding with an unauthorized background check, XXXX violated FCRA requirements, rendering the entire process illegal and invalid. This unauthorized check formed the basis for my disqualification, causing direct harm. 

Failure to Ensure Maximum Possible Accuracy ( 15 U.S.C. 1681e ( b ) ) The background check report produced by XXXX inaccurately listed a charge as Assault instead of Simple Assault, a less severe Simple Misdemeanor under Iowa law. My criminal history consists of minor, non-violent offenses from over a decade ago, irrelevant to the job duties. XXXX failed to follow reasonable procedures to ensure the accuracy of this information, misrepresenting my record and likely influencing XXXX Houses decision to disqualify me. This violation exacerbated the harm caused by the unauthorized check. 

Failure to Provide Pre-Adverse Action Notice and Opportunity to Dispute ( 15 U.S.C. 1681b ( b ) ( 3 ) ) XXXX did not provide me with a copy of the background check report, a Summary of Your Rights Under the Fair Credit Reporting Act, or any pre-adverse action notice before XXXX  House disqualified me. The FCRA requires CRAs to ensure that employers provide these materials to allow applicants to review and dispute inaccuracies. When I contacted XXXX House to address the inaccurate Assault charge, they cut off communication, instructing me to contact the courthouse and refusing to engage further. I obtained court records confirming the charge as Simple Assault, but XXXX House ignored my emails attempting to correct the error. XXXX failure to ensure compliance with pre-adverse action requirements denied me the opportunity to dispute the inaccuracy, violating my FCRA rights. 

Failure to Conduct a Reasonable Investigation of Disputed Information ( 15 U.S.C. 1681i ) This failure prevented me from resolving the inaccuracy and further contributed to my wrongful disqualification from the position. 

Harm Caused by XXXX Violations XXXX unauthorized and inaccurate background check likely contributed my disqualification from the Client Support Technician position, despite my strong qualifications. The lack of consent for the check, the inaccurate reporting, and the failure to provide a pre-adverse action notice or investigate my dispute denied me a fair opportunity to secure employment. As a result, I have suffered financial losses, emotional distress, and a negative impact on my professional reputation. Additionally, XXXX practices disproportionately harm XXXX individuals like myself, who face systemic inequities in the criminal justice system, amplifying the discriminatory impact of their violations. 
Requested Remedies I respectfully request that the Consumer Financial Protection Bureau investigate Checkrs practices and take the following actions : Invalidate the Unauthorized Background Check : Declare the background check conducted without my consent as illegal and remove it from XXXX records. 

Correct the Inaccurate Information : Order XXXX to update my report to reflect Simple Assault and ensure future reports are accurate. 

Impose Penalties for FCRA Violations : Hold XXXX accountable for conducting an unauthorized check, failing to ensure accuracy, neglecting pre-adverse action requirements, and failing to investigate disputes, including fines or sanctions. 

Mandate Compliance Measures : Require XXXX to implement procedures to verify authorization, ensure accuracy, and comply with notice and dispute requirements. 

Compensate for Damages : Order XXXX to provide compensation for financial losses, emotional distress, and lost employment opportunities caused by their violations. 


I request that XXXX correct the charge to Simple Assault and send me the corrected background check report to remedy the harm caused. 



XXXX Court Records : Confirms the charge as Simple Assault, not Assault.

Company response to consumer: Closed with explanation