People who have been harmed by inaccurate or unfair background checks and are considering a lawsuit often have questions about the lawsuit process. This blog post will hopefully answer some common questions.
How do I know if I have a case?
In general, to have a case under the Fair Credit Reporting Act, you need to have an objective inaccuracy on your background check. You should have a lawyer experienced in background check cases review your situation including your erroneous background report, and any documents, like court records or disputes with the background check company, that show that the background check is inaccurate. If you don’t have a copy of your background check or the court records, the lawyers at Berger Montague can help you request those documents.
How long do I have to file a lawsuit?
Under the Fair Credit Reporting Act, you have two years from when you discover the violation to file a lawsuit, and an absolute limit of five years from the date of the violation. 15 U.S.C. § 1681p. It is very important that lawsuits be filed in a timely fashion, so it is worth talking to a lawyer immediately once you discover that there may be a problem with a background check.
What can I get if I file a lawsuit?
Under the Fair Credit Reporting Act, you are entitled to your actual damages for negligent violations of the act. 15 U.S.C. § 1681o. Actual damages can include any lost wages due to the inaccurate report, and any emotional distress or reputational harm suffered as a result of the report. For willful violations of the statute, a consumer can also recover punitive damages. 15 U.S.C. § 1681n.
What if I cannot to afford a lawyer?
The Fair Credit Reporting Act is a fee-shifting statute, meaning that if your suit is successful, you can recover your attorney’s fees from the defendant. Many background check attorneys, including those at Berger Montague, will work on a contingency basis, meaning that you do not need to pay the lawyer out of your own pocket during the course of the lawsuit.
How long does a lawsuit take?
It depends. Some background check lawsuits settle soon after they are filed. Others can take years to get to trial. There are many different variables that can affect how long a lawsuit will take. You should discuss these issues with your lawyer.
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