First Advantage Background Check Errors: How To Dispute and Sue FADV for Compensation

You apply for a job, a rental, or some new opportunity. Then the screening company — First Advantage (FADV) sends back a report that says you failed the background check. Shocked, you ask why. It turns out FADV reported something inaccurate, maybe a criminal record that isn’t yours, or outdated information that should’ve been removed. Suddenly, your job offer is gone.

This is how a First Advantage background check dispute begins. Errors like these can have serious consequences for your career, housing, and reputation.

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Common Mistakes That Trigger a FADV Dispute

FADV handles millions of reports a year. Mistakes happen — and when they do, consumers pay the price. The most common issues that lead to a First Advantage background check dispute include:

  • Mixed files or identity confusion: Someone else’s record gets attached to your name.

  • Outdated or expunged records: Old charges that were dismissed or sealed still appear.

  • Incorrect personal details: Misspelled names, wrong birthdates, or SSN mix-ups.

  • Wrong employment or education information: Employers or schools misreported, or FADV entered data incorrectly.

  • Incomplete investigations: FADV fails to fully verify disputed items, leaving errors in your report.

Each of these can cost you real opportunities — and each can be grounds for a FADV dispute.

Why a First Advantage Background Check Dispute is Needed

When First Advantage gets your report wrong, it can cause:

  • Job loss or missed offers. Employers often rely entirely on FADV reports.

  • Housing denials. Landlords may assume the report is accurate and move on.

  • Reputation damage. Even if you later fix it, your name has already been flagged.

  • Emotional and financial stress. Lost income, embarrassment, and anxiety are common results of FADV errors.

That’s why it’s critical to act fast and assert your rights under the Fair Credit Reporting Act (FCRA).

Your Rights in a First Advantage Background Check Dispute

Under the FCRA, First Advantage is a “consumer reporting agency.” That means they have legal obligations to:

  • Maintain maximum possible accuracy in their reports.

  • Provide you with a free copy of your background check if an adverse action (like job denial) is taken.

  • Allow you to file a dispute when information is inaccurate.

  • Investigate and correct or delete any errors within 30 days.

If FADV fails to meet these standards, you may have the right to sue First Advantage and recover compensation for damages — including lost income and emotional distress.

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Have you been a victim of a false First Advantage background check?

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How to Dispute a First Advantage Background Check (Step-by-Step)

1. Get a Copy of Your Report
You’re entitled to one free copy of your background report, especially if you’ve been denied employment or housing based on it. Contact First Advantage directly to request it.

2. Review It Carefully
Look for incorrect names, dates, criminal records, employment details, or anything that doesn’t match your history. Highlight every inaccuracy.

3. Gather Proof
Support your FADV dispute with documents like:

  • Court records showing charges were dismissed or expunged

  • Employment verification letters or pay stubs

  • Identification or SSN proof showing mistaken identity

  • Transcripts or licenses proving your credentials

4. File Your Dispute
Send a written dispute to First Advantage explaining what’s wrong. Include:

  • Specific items you’re disputing

  • Copies (not originals) of your supporting evidence

Always send by certified mail or trackable delivery, and keep copies for your records.

5. Wait for Their Investigation
Under the FCRA, FADV has 30 days to investigate your dispute (sometimes up to 45 days).

6. If the Dispute Fails — Take Further Action

  • File a complaint with the Consumer Financial Protection Bureau (CFPB) or your state Attorney General.

  • Sue First Advantage under the FCRA for damages.

When to Consider Legal Action — Sue First Advantage

Sometimes, disputing isn’t enough. If FADV’s error cost you a job, housing, or damaged your reputation, legal action may be the right next step.

You can sue First Advantage if:

  • The report contained inaccurate or outdated information.

  • You filed a dispute and FADV failed to properly investigate or correct it.

  • You suffered measurable losses, like lost income or emotional harm.

What You Can Recover

Under the FCRA, consumers can receive:

  • Actual damages (for lost wages or emotional distress)

  • Statutory damages (up to $1,000 per violation)

  • Attorney’s fees and court costs

There’s also a time limit: typically two years after you discover the violation, or up to five years after it occurred.

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Have you been a victim of an inaccurate background check or have other questions? Contact us!

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