Background check – New York rideshare driver sues major online background check company over FCRA violation
A recent complaint filed in the Eastern District of New York City alleged that a major online background check company violated the Fair Credit Reporting Act by falsely stating that the complainant was on Social’s death master file list. Security Administration (SSA). The plaintiff is now seeking damages against the background check provider for the harm caused by the incorrect reporting as well as against the ridesharing employers who had required the background check as a condition of continued employment.
According to the complaint filed with the Eastern District of New York, the plaintiff in this case had worked as a driver for two of the largest carpool providers for several years before the two companies required the plaintiff to provide a security number. social to undergo a background check. of a large consumer information agency.
Shortly thereafter, one of the two employers informed the complainant that the background check could not be completed and that the worker would be prohibited from driving until the situation was resolved. The complaint further alleges that although both companies suspended the driver following the background check, neither company provided the complainant with a copy of the report or a written description of the rights.
The complainant then attempted, for a period from May to July 2021, to contact the consumer information agency through online complaints, emails and phone calls, but did not couldn’t resolve the situation or determine what was wrong. However, at the end of July, the applicant was informed by a customer service agent that the social security number provided for the background check was on the SSA’s master death file.
The complainant then reports that he contacted the SSA and was informed that the social security number was in fact not listed as having died and that the agency would send the complainant documents to use as proof that he was alive. The complainant claims to have forwarded the information to the consumer information agency, but still could not resolve the issue due to the correct social security number still listed on the provider’s website.
The plaintiff then filed his complaint with three claims for redress against the consumer information agency, including failure to maintain proper procedures to ensure accuracy, and a complaint against the two carpool employers for their inability. to provide the applicant with the legally required copy of the background check and description of rights.