Background Checks and the FCRA

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This article was written by The Weiner Law Firm.

The Fair Credit Reporting Act is a federal law that prevents, among other things, the unauthorized use of background reports by employers in the employment context.  One of the ways that the law does so is by requiring background report companies to obtain a certification from an employer before the background report company provides the report to the employer.

ADP Screening and Selection Services is one of the largest background reporting companies in the United States.  A lawsuit has been filed in federal court alleging that ADP violated the Fair Credit Reporting Act when it did not obtain the required certification from employers before it ran background checks.  The lawsuit seeks damages on behalf of individuals, including statutory damages of $100 to $1,000 for each violation.

If you’ve had a background check run on you by ADP in 2014 or 2015, The Weiner Law Firm would like to speak with you.  Whether the background check contained accurate or inaccurate information, the fact that a background check was run in the first place may have violated the law.  Andrew Weiner can be reached at or (404) 254-0842, and Jeff Sand can be reached at or (404) 205-5029. Attorney Advertising.

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10 responses to “Background Checks and the FCRA”

  1. sandy beeches

    ask the employer who does their checks..

  2. Mr Ali

    Ive been a felon since 2005. I have never had the conviction appear on a background check and have worked at multiple Fortune 500 companies in white collar positions.

    Just push forward.

  3. Miguel

    I was hired by HomeDepot contigent on passing the drug test and background check. I told them at the interview that I had a criminal conviction that was more than 20 years old. They said it was fine as long as it was more than 7 years old. I reassured them that it was. I passed the drug test but, after being interviewed by the background check company I was denied the job. That was in spite of everything I told them being true.

  4. Rodriquez Barefield

    How would I know If ADP was the company that did my background check?

  5. Dawn Bowers

    I have had background checks done. But honestly don’t have knowledge as to what companies names were that did the background checks.
    I will gladly share my info as to see if my names in their system.

  6. Nancy Sellars

    Thank you for the information.

  7. Nancy Sellars

    Thank you so much for the information. I am sure I was one of those people that had a background check run. I am not sure what company actually performed the check.

  8. Hector Hurtado

    Hi, I have applied for numerous jobs since the last quarter of 2015 an since 2016 started. I believe at some point, my record might have been checked by ADP. How can I find out?

  9. Alice Johnson

    This is wonderful news. I know of a couple of people that have had jobs rescinded after background checks. I know that ADP was one of the companies & some had errors. I hope this changes things for the better.

  10. Maria George

    Who is ASP because several jobs ask for seven years and turn me down for a 25 year old conviction.

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