Native Texan
Junior Member
What is the name of your state? Texas
Throughout the years I've had a number of hiccups - dumb mistakes - such as driving off with a gas nozzle still in my tank, a check that bounced while I was away from home for 4 or 5 months, and over 30 years ago a misdemeanor charge for possession of a controlled substance, etc, dumb stuff, no axe murderer or anything like that. As we all know, in the post 9/11 world we live in more employers than ever before are conducting criminal background checks. I know my previous record had cost me some jobs over the past few years so last year I hired an attorney and had my record cleaned up. All but two items were expunged, and one of those was placed under non-disclosure. The only thing a private employer should be able to find on my record is the 30 year old misdemeanor possession charge.
Yesterday I was applying for a job at a staffing agency. While I was completing the clerical tests they ran an online background check on me. They utilize a third party vendor that falls under the category of a Credit Reporting Agency under the FTC regulations. During the personal interview I was informed that the report still includes all of my bumps and bruises; it's as if I had never done anything to have my record cleared.
I requested a copy of the report from the interviewer, and the contact information for the third party provider. I know I am entitled to that information under the law. She refused to give me any of the information, but said she would have her manager call me at home later to discuss it further with me. I waited at home for the call that never came, and finally just before closing called to speak with the manager. She told me she was not required to provide me with anything. I told her the information being reported was erroneous and that I can provide evidence that it is incorrect and have the report corrected. She told me that correcting the report was irrelevant to her, that she would still considered me disqualified for employment even with a corrected report because she had already seen the derogatory information on the report. She still refused to provide me with a copy of the report or the contact information for the third party CRA.
Until that point I was only interested in obtaining the contact information for the CRA to have the reporting corrected, and was not interested in pursuing any action against the company or further pursing employment with the company. Her arrogant attitude and ignorance of the law quickly changed my mind.
Unknown to the interviewer or manager, while sitting on the opposite side of the desk during the initial interview I was able to read the name of the CRA providing the report. While waiting for the manager to call me at home I did my own research and located the company through an internet search. I telephoned the company and spoke with a gentleman who eventually asked me what information on the report was incorrect. Naturally, I was unable to tell him specifics because I had been refused a copy of the report, and informed him of that. He had already acknowledge the company was one of his clients, and immediately agreed that the manager is required to provide a copy of the report to me. I was not able to make any head way with him on making corrections because he insisted that he pays to download criminal background information from numerous and assorted government agencies all over the nation, and that he was only reporting the information provided to him by those agencies.
Unfortunately for him, I had already pulled my background in the county and through Department of Public Safety online services that very day when I got home. The state and county are not reporting the expunged and non-disclosure information, confirming that he is providing erroneous information. He offered me no remedy to have his erroneous reporting corrected.
I'm sure he called his client after my conversation with him. She called soon after I hung up from talking with him. She told me she would provide a copy of the report to me for a fee of $25, which is what the report cost her. I told her again that I am entitled to a copy of the report and the reporting agency at no cost, and that I was supposed to be provided with that information prior to her taking any adverse actions like disqualifying me for employment. She still refused to release the information without collecting the fee.
I called the gentleman back at the CRA and told him about her illegal fee collection. He must have called her again because she called me back again a few minutes later and told me I could pick up a copy of the report without any charge, but stated that I would have to sign a release to obtain it.
I went to the compay office this morning to retrieve the copy of the report that I should have been given yesterday before her adverse actions and decisions. Indeed I was required to sign some sort of typed on the fly release and was given the report, but none of the contact information for the CRA and none of the documentation required under FTC regulations regarding my rights.
Needless to say, I'm as mad as a wet hen over this. My primary interest is in getting the erroneous reporting corrected, of course. However, I'm also of the opinion these arrogant people need to be taught a harsh lesson on their own misconduct. I read on the FTC web site that employers who have violated the provisions requiring them to provide me with the report and contact information are liable for both civil and criminal penalties. It would do my heart good to deliver to the arrogant manager a criminal record of her own. And it sure wouldn't hurt my feeling for both the company and the CRA to pay monetary damages to me.
I filed complaint with the FTC online, but know they do not take action on individual cases but only look for patterns. I thought about filing a complaint with the EEOC, but to the best of my knowledge this does not fall under any of the strict categories of discrimination which they handle. I don't even know how I can force the CRA to make corrections to his incorrect reporting.
How do pursue this? I really hate to let these people get off the hook!!!
What is the name of your state?
Throughout the years I've had a number of hiccups - dumb mistakes - such as driving off with a gas nozzle still in my tank, a check that bounced while I was away from home for 4 or 5 months, and over 30 years ago a misdemeanor charge for possession of a controlled substance, etc, dumb stuff, no axe murderer or anything like that. As we all know, in the post 9/11 world we live in more employers than ever before are conducting criminal background checks. I know my previous record had cost me some jobs over the past few years so last year I hired an attorney and had my record cleaned up. All but two items were expunged, and one of those was placed under non-disclosure. The only thing a private employer should be able to find on my record is the 30 year old misdemeanor possession charge.
Yesterday I was applying for a job at a staffing agency. While I was completing the clerical tests they ran an online background check on me. They utilize a third party vendor that falls under the category of a Credit Reporting Agency under the FTC regulations. During the personal interview I was informed that the report still includes all of my bumps and bruises; it's as if I had never done anything to have my record cleared.
I requested a copy of the report from the interviewer, and the contact information for the third party provider. I know I am entitled to that information under the law. She refused to give me any of the information, but said she would have her manager call me at home later to discuss it further with me. I waited at home for the call that never came, and finally just before closing called to speak with the manager. She told me she was not required to provide me with anything. I told her the information being reported was erroneous and that I can provide evidence that it is incorrect and have the report corrected. She told me that correcting the report was irrelevant to her, that she would still considered me disqualified for employment even with a corrected report because she had already seen the derogatory information on the report. She still refused to provide me with a copy of the report or the contact information for the third party CRA.
Until that point I was only interested in obtaining the contact information for the CRA to have the reporting corrected, and was not interested in pursuing any action against the company or further pursing employment with the company. Her arrogant attitude and ignorance of the law quickly changed my mind.
Unknown to the interviewer or manager, while sitting on the opposite side of the desk during the initial interview I was able to read the name of the CRA providing the report. While waiting for the manager to call me at home I did my own research and located the company through an internet search. I telephoned the company and spoke with a gentleman who eventually asked me what information on the report was incorrect.
Naturally, I was unable to tell him specifics because I had been refused a copy of the report, and informed him of that. He had already acknowledge the company was one of his clients, and immediately agreed that the manager is required to provide a copy of the report to me. I was not able to make any head way with him on making corrections because he insisted that he pays to download criminal background information from numerous and assorted government agencies all over the nation, and that he was only reporting the information provided to him by those agencies. Unfortunately for him, I had already pulled my background in the county and through Department of Public Safety online services that very day when I got home. The state and county are not reporting the expunged and non-disclosure information, confirming that he is providing erroneous information.
He offered me no remedy to have his erroneous reporting corrected. I'm sure he called his client after my conversation with him. She called soon after I hung up from talking with him. She told me she would provide a copy of the report to me for a fee of $25, which is what the report cost her. I told her again that I am entitled to a copy of the report and the reporting agency at no cost, and that I was supposed to be provided with that information prior to her taking any adverse actions like disqualifying me for employment. She still refused to release the information without collecting the fee.
I called the gentleman back at the CRA and told him about her illegal fee collection. He must have called her again because she called me back again a few minutes later and told me I could pick up a copy of the report without any charge, but stated that I would have to sign a release to obtain it.
I went to the compay office this morning to retrieve the copy of the report that I should have been given yesterday before her adverse actions and decisions. Indeed I was required to sign some sort of typed on the fly release and was given the report, but none of the contact information for the CRA and none of the documentation required under FTC regulations regarding my rights.
Needless to say, I'm as mad as a wet hen over this.
My primary interest is in getting the erroneous reporting corrected, of course. However, I'm also of the opinion these arrogant people need to be taught a harsh lesson on their own misconduct. I read on the FTC web site that employers who have violated the provisions requiring them to provide me with the report and contact information are liable for both civil and criminal penalties. It would do my heart good to deliver to the arrogant manager a criminal record of her own. And it sure wouldn't hurt my feeling for both the company and the CRA to pay monetary damages to me. I filed complaint with the FTC online, but know they do not take action on individual cases but only look for patterns. I thought about filing a complaint with the EEOC, but to the best of my knowledge this does not fall under any of the strict categories of discrimination which they handle. I don't even know how I can force the CRA to make corrections to his incorrect reporting.
How do pursue this? I really hate to let these people get off the hook!!!
What is the name of your state?