Class action claims Checkr misreported criminal records in background checks

Checkr class action lawsuit overview:

• Who: Plaintiff Natasha Davis filed a class action lawsuit against Checkr Inc.
• Why: Davis claims Checkr misreported criminal records on her consumer report.
• Where: The Checkr class action lawsuit was filed in Florida federal court.

A new class action lawsuit alleges Checkr misreported criminal records on consumer reports.

Plaintiff Natasha Davis’ Checkr class action lawsuit claims the company wrongfully and misleadingly reported criminal records on her consumer report that were not properly associated with her.

Davis argues the alleged wrongful reporting resulted in her suffering defamatory harm to her reputation and considerable stress and anguish while impeding her ability to gain employment.

“Because of the inaccurate and misleading information provided to her potential employer by Defendant, Plaintiff was defamed and suffered significant distress as a result of the precarious situation that Defendant’s failures caused,” the Checkr class action lawsuit says.

Davis seeks to represent a nationwide class of consumers who, within the past two years, received a Checkr consumer report that incorrectly included criminal case records belonging to someone else.

Davis claims Checkr violated the Fair Credit Reporting Act (FCRA). She demands a jury trial and requests declaratory and injunctive relief and an award of statutory, actual and punitive damages for herself and all class members.

Checkr allegedly failed to use reasonable procedures to ensure report accuracy

Davis claims Checkr failed to maintain and employ reasonable procedures to assure maximum possible accuracy of the consumer information it provides to employers, thus violating the FCRA.

The Checkr class action lawsuit alleges that the company “knowingly and willfully maintains deficient procedures” because reporting more information is more profitable, even when that information is “plainly unassociated with the consumer.” 

According to the complaint, Checkr prioritizes including more data rather than risking leaving information off a consumer report.

Davis argues Checkr failed to use sufficient identifiers to ensure the criminal record information it included in its consumer reports was correctly associated with the consumer on whom the report concerned.

In a related case, a Georgia woman sued Walmart, claiming the company rescinded a job offer after obtaining a consumer report without providing her a copy as required by the FCRA.

Have you had a background check conducted by Checkr? Let us know in the comments.

The plaintiff is represented by Joseph Kanee of Marcus & Zelman LLC.

The Checkr class action lawsuit is Davis v. Checkr Inc., Case No. 0:26-cv-60088, in the U.S. District Court for the Southern District of Florida.

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