Overview

Case Number: 3:22-cv-361

Practice Area: Credit Reporting & Background Checks Employment Background Report Errors

Case Status: Settled

Court: United States District Court Southern District of Ohio

In 2023, Berger Montague resolved a case on behalf of Christopher Hicks, an individual who had a job opportunity ruined by an inaccurate background check report issued by Advanced Background Check, Inc. The background report included records that did not belong to Mr. Hicks—including records falsely stating that he was a Registered Sex Offender and a violent criminal. Berger Montague resolved the case to Mr. Hicks’s satisfaction. 

The issue that plagued Mr. Hicks is known as a “mixed file,” where another individual’s information showed up as part of his background report or credit report – often as the result of consumers sharing similar information like name or date of birth. Mr. Hicks happens to share a name with several other “Christopher Hicks” across the country who possess significant criminal records.

In 2020, Mr. Hicks, a single father, applied for employment. To his great joy, he was extended a conditional offer of employment, subject to the successful completion of a background check. In addition to hourly pay, the full-time position came with benefits as well. Mr. Hicks’s prospective employer contacted Advanced Background Check for a background report. Advanced Background’s employment report on Mr. Hicks contained 56 pages of information, including a grossly inaccurate and stigmatizing Sex Offender Registration record, and depicted Mr. Hicks as a violent, serial criminal with over 30 other serious convictions, including but not limited to assault, burglary, and drug-related charges, all which did not belong to Mr. Hicks. 

Needless to say, Mr. Hick did not get the job, leaving him without the income and benefits he was counting on. Not to mention the fact that Mr. Hicks was humiliated to discover that Advanced Background Check had reported him as a sex offender and as a violent, serial criminal.

This horrific ordeal happened to Mr. Hicks because Advanced Background Check had negligently included criminal records belong to different Christoper Hicks on the report—including individuals with different middle names, different dates of birth, different Social Security Numbers, that were from states Mr. Hicks had never lived in, and were different races than Mr. Hicks. Mr. Hicks tried to dispute the false information twice, but he never heard back from Advanced Background Check. 

After suffering humiliation and losing a job, Mr. Hicks reached out to Berger Montague for assistance. Mr. Hicks brought his claims under the Fair Credit Reporting Act, which protects innocent consumers from companies that use deficient matching procedures to compile background checks. Berger Montague pursued relief for Mr. Hicks and the matter has now been resolved. 

Mr. Hicks was represented by Berger Montague attorney Hans W. Lodge.

The Damaging Effects of Inaccurate Background Check Reporting

Many people unfairly experience the harmful effects of inaccurate background reporting—often when applying for a job or a place to rent. These inaccuracies appear in many forms, and all can have a devastating impact on a consumer’s ability to obtain credit, housing, and employment. Berger Montague can assist in rectifying the problem and obtaining compensation for individuals experiencing mixed files, the reporting of an inaccurate criminal records and financial accounts, and being reported as deceased, among other things.

The law requires background reporting companies to employ procedures to assure the maximum possible accuracy of the consumer reports they assemble and publish regarding individual consumers. It also requires these companies conduct reasonable investigations of inaccuracies disputed by consumers to ensure that any inaccuracies are promptly corrected once discovered. But the procedures used often fall far short of what the law requires.

Berger Montague can a hold these companies accountable and fight for your rights. If you have been damaged by false information on your credit report or background report, contact us today for a free consultation on how to pursue relief. 

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