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Background check errors · Phoenix, Mesa, Chandler

Background Check Error Lawsuits in Phoenix

Employers across the Phoenix area use background checks when hiring, and landlords use tenant screening reports to decide on rental applications. The federal Fair Credit Reporting Act sets the rules for the companies that sell these reports and for the people who use them. Background check and tenant screening companies must use reasonable procedures for maximum possible accuracy and must reinvestigate disputes, generally within 30 days.

An employer must give a standalone written disclosure and get permission before ordering a background check. Before rejecting someone based on the report, the employer must provide a copy of it and a summary of rights. A landlord that denies an application based on a screening report must give an adverse action notice naming the screening company. Common errors include another person's record matched by name or birth date, a case that was dismissed or set aside reported as a conviction, and an eviction filing reported without its outcome. Arrests that did not lead to a conviction generally cannot be reported once they are more than seven years old, except for jobs paying $75,000 a year or more.

Background check cases from Maricopa and Pinal counties are filed in the U.S. District Court for the District of Arizona, Phoenix Division, at the federal courthouse in Phoenix.

Where Phoenix FCRA cases are filed

FCRA claims are federal, so they go to a United States District Court. Cases from Phoenix are heard in one federal district:

  • District of ArizonaMaricopa and Pinal counties (Phoenix Division). Courthouses: Phoenix.Filed with local or cooperating counsel

Our attorneys are licensed in Texas, California, and Georgia. Where they aren't admitted in your local federal court, we work with local or cooperating counsel who are. You may also be able to sue where the company that reported you is based, in a court where our attorneys are admitted:

Which court is right depends on your facts. We'll tell you at your free case review.

State law also applies: see Background Check Error Lawsuits in Arizona.

Common background check errors

  • Someone else's criminal or eviction record matched to you by name
  • Dismissed, sealed or expunged cases still reported
  • Charges reported as convictions, or misdemeanors as felonies
  • The same case listed several times
  • Eviction filings reported without the dismissal or outcome

Learn how these cases work on our background check lawsuits page, or read our lawsuit guides for Checkr, Sterling, HireRight, First Advantage, RealPage, SafeRent, RentGrow and TransUnion Rental Screening.

Frequently asked questions

My Arizona conviction was set aside. Can a background check still report it?

A background check that reports a set-aside conviction without showing that it was set aside may be incomplete or inaccurate. You can dispute the entry and send the court order. If the company does not correct it, you may have a claim under the FCRA.

A landlord rejected me because of an eviction I won. What can I do?

If a tenant screening report lists an eviction case without showing that it was dismissed or decided in your favor, you can dispute it with the screening company. The company generally must reinvestigate within 30 days. If it keeps reporting the case inaccurately, you may have a claim.

Can a background check company report my record without telling me?

When a company reports public records like convictions for employment purposes, the FCRA requires it to either notify you at the time or follow strict procedures to make sure the record is complete and up to date. Your employer must also give you a copy before taking adverse action based on the report.

How long do I have to file an FCRA lawsuit in Phoenix?

FCRA deadlines are the same everywhere: generally two years from when you discover the violation, and no more than five years from when it happened (15 U.S.C. § 1681p). Waiting can cost you the claim.

Sources

Updated November 2026. This page is general information, not legal advice.

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