Background Check – New York Rideshare Driver Sues Major Online Background Check Company for FCRA Violation

A recently filed complaint in the Eastern District of New York has alleged that a major online background check company had violated the Fair Credit Reporting Act by incorrectly reporting that the plaintiff was on the Social Security Administration’s (SSA) Death Master File list. The plaintiff is now seeking damages against the background check provider for the harm caused by the incorrect reporting as well as against the rideshare employers that had required the background check as a condition of continued employment.

According to the complaint filed with the Eastern District of New York, the plaintiff in this case had worked as a driver for two of the largest rideshare providers over several years before both companies required the plaintiff to provide a social security number to undergo a background check from a major consumer reporting agency.

A short time later, one of the two employers informed the plaintiff that the background check could not be completed and that the worker would be barred from driving until the situation was resolved. The complaint further alleges that though both companies suspended the driver as a result of the background check, neither of the companies provided the plaintiff a copy of the report or a written description of rights.

The plaintiff then attempted over a period from May through most of July 2021 to contact the consumer reporting agency through online complaints, email, and phone calls but could not resolve the situation or…

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