The Fair Credit Reporting Act (FCRA) regulates how credit bureaus and creditors handle consumer information. It also protects consumers by ensuring that the information in their file is accurate and fair. If you believe that your rights have been violated, you have the right to sue. Mike Agruss Law can help you receive the compensation you deserve for your FCRA violation including actual damages, punitive damages, and attorneys fees.
Many of our clients are victims of unfair or inaccurate background checks conducted by their employers or prospective employers. Background checks often include credit reports, criminal records, and driving records. These reports are important because they are used in a variety of ways, from hiring employees to getting new cars and loans. The FCRA prohibits a wide range of practices that could harm consumers.
As the economy improved after the 2008 global financial crisis, job applications soared and companies began conducting more background checks of job applicants and current employees. This has caused a dramatic rise in FCRA litigation, with the most common claim involving employment background checks.
Background check lawsuits https://www.faircreditattorneys.com/fcra-lawyer/chicago/ against regulated entities are complex and take time to reach resolution. Many cases result in a favorable settlement for the plaintiff, but some do not. FCRA-regulated businesses face significant liability for violations, and a failure to comply can result in thousands of dollars in penalties and attorney’s fees.
Despite this, there are many ways that a business can violate the FCRA. For instance, if an employer obtains a background check without first telling the applicant, they could be liable for a FCRA violation. Additionally, if an employer uses the information contained in the background check to take adverse employment actions against an applicant, they may be liable for FCRA damages.
A person who has been wrongfully denied a job or otherwise suffered an adverse employment action due to a violation of the FCRA may be entitled to actual damages, statutory damages of up to $1,000, punitive damages, and attorneys’ fees. Compensation for these damages is meant to make up for the harms a person has suffered due to an at-fault party’s mismanagement of their personal data.
To establish a claim for statutory or punitive damages, a plaintiff must prove that they have sustained injury as a result of the at-fault party’s violations of the FCRA. A court must consider the alleged harms and match them with a common law tort analog in order to determine whether there is “a close relationship to a harm traditionally recognized as providing a basis for lawsuits.”
If you have been injured by a company or individual who violated your rights under the FCRA, contact us today for a free consultation. Our firm handles all types of class action and individual lawsuits involving various areas of the law, including FCRA violations. You can rest assured that your case will be in good hands with our team of experienced litigators. To get started, please fill out our online form or call us at 310-201-7602.