Emily Sortor  |  February 5, 2019

Category: Labor & Employment

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group of job applicants waiting for their interview and background check performed by HireRightA HireRight class action lawsuit claims that the company includes outdated information in its background checks, which hurts job applicants’ employment prospects.

Plaintiff David Richardson says he applied for a job with Apple as a Technical Specialist in August 2018.

He alleges that the company requested a background check from HireRight, which included seven felony counts from March 28, 2011.

Richardson says that he was not convicted of any of these counts.

The HireRight class action lawsuit claims that these events took place more than seven years ago, and as background checks are not allowed to include any information that predates the report for more than seven years, it was unlawful of HireRight to include the info on Richardson’s background report.

Additionally, he claims that HireRight’s decision to include this information hurt his employment prospects.

He states that on Nov. 6, 2018, Apple requested a background check on Richardson from the company HireRight, which HireRight provided on Nov. 14, 2018, and notes that both dates are more than seven years after March 2011, which the seven felony counts were on his record.

Richardson says that on or around Nov. 28, 2018, he sent a dispute letter to HireRight after he was notified that the felony charges were included, and on Dec. 11, 2018, the company responded to him by saying that no changes would be made to his report because it complied with state and federal reporting polices.

The HireRight background check class action lawsuit claims that HireRight makes a widespread, systematic practice of including outdated information in their background checks.

The plaintiff claims that because of this, many people may have been injured by HireRight’s practice, and could have suffered injury because of is.

The HireRight class action lawsuit alleges that Richardson suffered “concrete injuries in the form of wage loss, loss of benefits, delay in employment, emotional distress and/or other adverse employment action.”

Richardson also claims that the company knew or should have known what the laws around background checks are, because the company makes its business in this area.

Additionally, the HireRight background check class action alleges that the company failed to implement reasonable steps to comply with the law, like using an algorithm that would enable their reports to not include outdated information.

He argues that the Fair Credit Reporting Act prohibits the reporting of arrests and other law enforcement records beyond seven years before the date when the report was issued and requires companies producing reports to “follow reasonable procedures to assure maximum possible accuracy of the information.”

The HireRight class action states that the information presented by HireRight made Richardson look like a less appealing candidate than it would have if the information in his consumer report was in accordance with the law.

Richardson goes on to cite the company’s own website, to further support his point that the company knew or should have known that their practice violated the law. He claims that the company’s website itself notes that there is a seven year limit on the information that may be included.

Richardson is represented by Andrew Schmidt of Andrew Schmidt Law PLLC and by Lemberg Law LLC.

The HireRight Background Check Class Action Lawsuit is David K. Richardson v. HireRight LLC, Case No. 2:19-cv-00052-GZS, in the U.S. District Court for the District of Maine.

UPDATE: The HireRight Background Check Class Action Lawsuit was dismissed on May 14, 2019. Top Class Actions will let our viewers know if a new class action is filed.

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32 thoughts onHireRight Class Action Claims Background Checks Contain Outdated Info

  1. Sarah Davis says:

    This people ruined my dream job they reported inaccuracies and felonies that belonged to someone with my similar name. The job gave me 5 days to get this removed and they would not which caused me to not get the job.

  2. Alexis says:

    I’ve taken a background check on November 20, 2021 and I keep getting Extensions, I will be filing a lawsuit if I am unable to start work in time due to their delays. I’m a little skeptical that company are even using them as well.

  3. Laura says:

    I’m so disappointed to see my company is using Hireright. They completely violated the FCRA and listed a FELONY from 2006 that was DROPPED and I lost out on the job. I’m going to sue if they report this same INACCURATE info this time around. It’s my dream job and I’ve never had an issue with any background check service and I’ve held high level HR positions and have passed Level 2 criminal background checks since as well. I hope they have gotten their act together now bc it not, they won’t be able to sustain much longer. I’m actually shocked they are still in business.

  4. William OLeary says:

    I started a background check on 09/01/2021 for a job making $18 an hour. They asked for the last 7 years of where I have lived. I provided all of that information. 3 days later I get this request from them asking for information from a place I lived at from 12/93-12-94 which was well outside of their scope of investigation. I provided the form they needed on 09/08/2021, and as I sit here typing this they still have yet to complete the background check. I did not get the job because the company needed the report to be returned by 09/17/2021.

    The next issue was that 97% of the information in the report is inaccurate. I asked where they got their information from and they initially said from the Social Security database which was a complete and utter lie. I have a printed copy of the information contained in my Social Security record, and it does not line up with what they claim to have.

    When I called them on that lie they changed their story up to say that they get their information from Experian. The problem with Experian is that they have been sued multiple times for incomplete and inaccurate information in their database. I have filed 5 disputes with Experian in the past 12 months for inaccurate information. Up until 12 months ago they had my DOB incorrect, and had me listed as living in 5 different cities that I had never even been to.

    I had someone at Hireright recently tell me that they do not have to abide by the FCRA. They simply do not care if they ruin your life. I plan to seek legal action against them.

  5. Rachael says:

    I’m currently trying to get a job and this company keeps saying my drivers license is expired when it isn’t. I’ve provided them with all the documentation I can to prove it. It’s slowing things down and I’m in need of this job. I’m so frustrated and I want to sue because if I’ve applied for any other jobs and they did my background check, I’m losing wages here and my reputation. I’m seriously considering suing. I’ve had enough.

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