Your rights under the Fair Credit Reporting Act (FCRA) and the California Consumer Credit Reporting Agencies Act (CCRAA)
The FCRA and the CCRAA are the main laws that protect consumers and employees from having their rights violated when it comes to background checks, including credit, criminal, and reference checks that may be performed on a consumer or employee without proper consent or knowledge.
The Federal government and the California legislature have enacted specific laws that help protect YOU from being subjected to unlawful background checks which may affect your ability to obtain employment, and may lead to identity theft. The Federal and California state laws provide you with a number of rights including:
The right to be told if a background check will be performed on you.
The right to be told who will be conducting the background check on you.
The right to receive a clear and concise document explaining your rights under Federal and California state law.
The right to be told if information in your background check is being used against you in making a decision to not hire you.
The right to receive a copy of your background check report.
The right to dispute inaccurate or incomplete information.
The right to not have a credit check run on you.
You have the right under the FCRA and the CCRAA to bring a lawsuit for damages against companies, prospective employers, and third-party background check companies that violate any of the rights provided by the FCRA and the CCRAA.
Damages for FCRA and CCRAA Violations
When an individual or organization violates your rights under the FCRA or CCRAA, you can bring a lawsuit in state or federal court, depending on the circumstances, and sue for damages under the FCRA and CCRAA. These damages include:
Basic damages – Either your actual (provable) damages or statutory damages between $100 – $1,000 for each violation. If the violator was an individual, the statutory damages jump straight to $1,000.
Attorney’s fees and costs – If a violation occurred, the violator will be responsible for paying your attorneys fees and costs.
Punitive damages – Punitive damages are awarded to punish the violator, if the judge decides that the violator acted in a way that justifies additional damages, your attorney can ask for a specific amount but the ultimate decision lays with the judge in your case.
If you have been the victim of an FCRA or CCRAA violation, we are here to help you protect your privacy rights by stopping the violation and punishing those responsible for the violation. We offer free no obligation consultations and are happy to discuss the specifics of your case. Call us today to discuss your case.