Screening companies have to be accurate
Tenant screening companies and employment background check companies are "consumer reporting agencies" under the FCRA, just like Equifax, Experian, and TransUnion. They must follow reasonable procedures to assure the maximum possible accuracy of what they report (15 U.S.C. § 1681e(b)). When public-record information is reported for employment purposes, the law adds extra requirements (§ 1681k).
Screening reports often rely on court records matched to applicants by name and date of birth. When the matching is loose or the records are out of date, the report can be wrong.
Common background check errors
- Someone else's record. A criminal case or eviction that belongs to a person with a similar name, sometimes with a different middle name or date of birth. See also mixed files.
- Dismissed cases reported as open, or as convictions.
- Sealed or expunged records that a court ordered closed, showing up anyway.
- The same case reported twice, making one charge look like two.
- The wrong level of offense, like a misdemeanor listed as a felony.
- An eviction filing without its outcome, such as a case that was dismissed or resolved in your favor.
- Outdated items reported past the time limits described below.
If you were turned down
When a landlord or employer takes adverse action against you, such as denying your application, based on a screening report, it must give you an adverse action notice (§ 1681m). The notice names the screening company that supplied the report and tells you about your right to a free copy of your report from that company if you ask within 60 days (§ 1681j(b)), and your right to dispute anything inaccurate. Request that copy right away.
Extra rules for employers
Employers have more steps to follow. Before getting a background report on you, an employer must give you a clear written disclosure in a stand-alone document and get your written authorization (§ 1681b(b)(2)). Before taking adverse action based on the report, the employer must give you a copy of the report and a summary of your rights under the FCRA (§ 1681b(b)(3)).
That advance copy is your chance to point out errors before the decision is final. If it contains someone else's record, contact the employer and the screening company right away, in writing. Landlords don't have this advance-copy duty, but they still must send the adverse action notice.
How far back a report can go
The FCRA limits how long many items can be reported (§ 1681c):
| Item | General federal limit |
|---|---|
| Arrest records, civil suits, and civil judgments (evictions are civil cases) | 7 years, or until the statute of limitations runs, if longer |
| Bankruptcies | Up to 10 years |
| Most other negative items | 7 years |
| Criminal convictions | No time limit |
These limits don't apply to reports for a job expected to pay $75,000 a year or more, or for large credit or insurance transactions (§ 1681c(b)).
Disputing with the screening company
You can dispute directly with the screening company, just as you would with a credit bureau. It must conduct a reasonable reinvestigation, generally within 30 days, and correct or delete anything that is inaccurate, incomplete, or can't be verified. It must send you the results in writing within 5 business days after it finishes (§ 1681i).
- Get the report. Use the free copy from the adverse action notice, and ask the company in writing for all the information in your file (§ 1681g).
- Mark every error. Note the case number, court, and date for each wrong entry.
- Gather proof. Court records showing a dismissal or the correct charge, a certified copy of any sealing or expunction order, and your ID showing your full name and date of birth. For a name mix-up, documents showing where you lived at the time help too.
- Dispute in writing. Keep copies, certified mail receipts, or screenshots and confirmation numbers if you dispute online.
- Tell the landlord or employer that you've disputed the report, and ask whether they will reconsider once it's corrected.
- If the error isn't fixed, or it already cost you a home or a job, talk to a lawyer. The two-year clock may already be running.
My step-by-step dispute guide includes a sample letter you can adapt.
Damages, fees, and deadlines
The FCRA allows actual damages, like a lost apartment or job, moving or application costs, and the stress and humiliation of being turned down. For willful violations, it also allows statutory damages of $100 to $1,000 and punitive damages. The full damages table is on my credit report errors page.
The FCRA lets a consumer who wins recover reasonable attorney's fees and costs (§§ 1681n, 1681o). You don't pay me unless you win. I take these cases on contingency: no attorney's fees and no case costs owed to me unless you recover money. If a case is lost, a court can sometimes order the losing side to pay the other side's court costs, and some Florida laws, including the security deposit and deceptive practices statutes, also let the winner recover attorney's fees from the loser. I explain that risk before anything is filed, and every term is in a written agreement before you sign. You generally have two years from when you discover the violation to sue, and no more than five years from when it happened (§ 1681p).