My Background Was Mixed With Someone Else’s and the Agency Won’t Fix It — I Want to Sue. Where Do I Start?
Start here: lock down the evidence
First, get and save a complete copy of the background report showing the mixed information. If there were multiple versions, save each version. Then gather anything that proves the record belongs to another person: mismatched date of birth, middle name, addresses, court case numbers from counties you’ve never lived in, or documents showing the other person’s identifiers.
Also save proof of harm: denial emails, rescinded offer letters, deactivation messages, adverse action notices, and any timeline showing when you learned about the error and what you lost because of it.
Your legal starting point: an FCRA attorney (not small claims)
Mixed-file cases are usually best handled by a background check lawyer who focuses on FCRA/background check litigation. These cases often move faster when an attorney is involved, and many are handled with no upfront cost because the FCRA allows attorneys’ fees to be recovered from the reporting company if you win.
When you contact a lawyer, you’ll want to provide a simple package:
the report with the mixed information
your dispute submission and attachments
the company’s response (or refusal)
proof of harm (denial, job loss, income loss)
a brief timeline (dates matter)
What you can ask for in a lawsuit
Depending on what happened, claims may seek correction of your file, compensation for lost wages/opportunities, emotional distress damages, statutory damages, and sometimes punitive damages if the company acted recklessly.
How we can help
If the agency mixed your background with someone else and won’t correct it, we can help you organize evidence, evaluate the strength of your FCRA claim, and pursue compensation for the harm caused by the false report.