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One of the most common types of background report errors occurs when information about one person is placed in the background report of a different person. This is called a "Mixed File."  

Mixed file errors typically occur when a background reporting company (typically called a CRA) fails to use sufficiently rigorous procedures to match information to a person's personal identifying information (full name, date of birth, social security number, address information, etc.)  

Examples of Mixed Files

Mixed file errors can include: 

  • Mixing the files of people with the same or similar last names.
  • Mixing the files of people with Jr. and Sr. surnames.
  • Confusing the files of people with similar social security numbers.
  • Transposing first and middle names.

The FCRA requires background report companies to use reasonable procedures to ensure maximum possible accuracy of the information in background reports.  When a mixed file error occurs, the CRA has usually failed this statutory obligation.

If you find someone else's information in your background report, contact the background report attorneys at The Weiner Law Firm LLC to help.  

The Weiner Law Firm LLC

Despite the fact that most employees are at-will employees, they do have rights under federal and state laws that cannot be violated. If you believe your employer has discriminated against you, harassed you, withheld wages that are owed to you, or violated your rights with respect to a background report, please contact us.

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Even if you are not sure of the law and whether your employer violated your rights, we would be pleased to discuss your concerns with you. There is no charge to learn your rights.