My Background Check Shows Records That Belong to a Person With the Same Name. Can I Sue for That?
Under the Fair Credit Reporting Act (FCRA), that kind of mix-up, called a “mixed-file error” - is a serious violation. Background check providers must make a reasonable effort to verify identity before passing along such sensitive information. If they don’t, and you suffer harm because of it, you may have the right to sue.
What Causes Same-Name Mix-Ups
These mistakes usually happen not because of a court error, but due to sloppy or automated matching by background check companies. Systems often rely too heavily on names (and sometimes birthdates) without cross-checking other unique identifiers like Social Security numbers, address history, or full legal names.
As a result, if someone with your name or a very similar name has a criminal record, that record may end up in your file instead. This problem is especially common in states or counties where court data is minimal or unstructured, and where third-party databases attempt to fill in the gaps — often incorrectly.
When You Have Grounds for Legal Action
If the inaccurate report caused you real harm, like losing a job, being denied housing, or experiencing financial or emotional damage, you may have a strong legal case under the FCRA. Because the error is clear (the record doesn’t belong to you), and the consequences can be substantial, courts often view misidentification cases very seriously.
Possible remedies include correction of your record, compensation for lost wages or opportunities, and even statutory damages.
What You Should Do Right Away
First, obtain a copy of the full background check report that contains the error. Compare it carefully to your own documents: driver’s license, Social Security card, birth certificate — and verify that none of the charges match you in name, date of birth, or any unique identifiers. If the report contains a mismatched record, write a formal dispute to the background check company, explain the mistake, and attach copies of your identification.
Also, let the employer or landlord know the report is inaccurate and under dispute. If they refuse to correct the error or caused you to lose a job or opportunity, contact a lawyer specializing in FCRA cases: many take such cases on contingency, meaning you often pay nothing upfront.
We Can Help
If your background check mistakenly includes someone else’s record under your name and that mistake caused you harm, we’re ready to step in — help clear your record, force a correction, and fight for full compensation under the law.