A screening company that attaches another person's record to you, for example because you share a similar name, may be violating its FCRA duty to use reasonable procedures for maximum possible accuracy. Get the report, dispute the record with the screener, and tell the employer.
A mixed record, where another person’s case ends up on your report, can happen when a screening company matches court records to you using only your name, or your name plus one other loose identifier, instead of confirming identifiers such as full date of birth, middle name, and address history.
Why this can violate the FCRA
Section 1681e(b) requires every consumer reporting agency to follow reasonable procedures to assure maximum possible accuracy of the information about the person the report is about. Reporting another person’s conviction or arrest on your background check is inaccurate on its face, and loose matching procedures can cause it.
Signs the record is not yours
- A different middle name or initial
- A different date of birth, or a record that lists no date of birth
- A case in a county or state where you have never lived
- A physical description, booking photo, or case date that does not fit you
What to do now
- Get the report. Before taking adverse action, the employer must give you a copy of the report and a summary of your rights under § 1681b(b)(3).
- Tell the employer right away. The pre-adverse action step exists so you can explain that the report is wrong.
- Dispute with the screening company. Under § 1681i, it generally must reinvestigate within 30 days and delete information it cannot verify. Include proof of identity and anything showing the record belongs to someone else.
- Keep records of dates, letters, and the job you lost or were delayed for.
Because the same company may screen you again, ask it to correct your file so the error does not repeat on a future report.
If a background check attached someone else’s record to you, a free case review can help you understand whether you have a claim, with no fee unless we win.
Related
Sources
- 15 U.S.C. § 1681e (Cornell LII)
- 15 U.S.C. § 1681i (Cornell LII)
- 15 U.S.C. § 1681b (Cornell LII)
- FTC: Using Consumer Reports: What Employers Need to Know
Updated November 2026. This page is general information, not legal advice.