Just Because It’s Legal Doesn’t Mean It Is Right

Many background screening providers take the path of least resistance, which almost always leads to lower costs for them. 

With the 11th Circuit Court of Appeals decision this past December 2020 in the case of Erickson v. First Advantage Background Services Corp., Erickson brings into question “just because its legal doesn’t mean it is right.” 

The result of this case essentially now allows background providers to pass on name match-only results. As a result, you can be sure you will see more and more of these name match-only results in your reports. 

So, what is an end-user employer or volunteer organization to do? We suggest finding a background investigations partner that does what is right, not just what is legal.

In Erickson, the court said that it is not inaccurate for a CRA (Consumer Reporting Agency, aka a background screening company) to report unmatched records. 

The court indicated that a name-only search policy, even when year-of-birth was also available, is acceptable, especially if it instructs the end-user (aka recruiter) to conduct further research before taking action. 

Does this ensure maximum possible accuracy, as required by the FCRA (Fair Credit Reporting Act)? 

Yes, according to the 11th Circuit Court. But what about when it comes to a background screening company's clients? I don’t think so!

If a data set has a year-of-birth available, does your provider check that against your applicant to rule them in or out from that record? Why not? 

If they don't, it's usually because it is hard to program such a check into the process. With Commercial Investigations LLC, we utilize human intervention to check all possible identifiers before relaying information to our clients.

Do you as an end-user of a background report know what it means when a report says “name-match only”? 

If yes, how do you know that? If not, you are not alone. How hard is it to get a human on the phone to answer the many questions that arise in such a situation? 

At Commercial Investigations LLC you get an investigator answering the phone during business hours and you have access to two hotline numbers for after hours. CI’s Human Intervention at its best!

Another interesting thing about the Erickson case is that the plaintiff ended up changing his name, which was probably extremely helpful in distancing himself from the person who is actually a registered sex offender. 

However, it will not help with future backgrounds run by most background screening companies. This is because all his names will be tied to his social security number, which is used to develop names and addresses to search for the background. 

It will again rely on the procedures of the background company and if they use all identifiers available to rule out or rule in the applicant.  

Do you wonder what you are paying your provider for when further research is recommended? Do you have time to do that yourself? If you do it on your own, what resources do you utilize? 

With Commercial Investigations LLC as your Background Investigations Proactive Truth Partner, we handle it for you. This is what we mean by human intervention. 

We conduct that extra research with due diligence, ensuring you get accurate and complete information pertaining to YOUR applicant. 

As a Licensed Private Investigative Agency, we have many additional resources along with the knowledge and expertise to deliver for you at no additional cost. 

Stop taking on investigative duties your background provider should be providing for you. Reach out now to get high-quality background investigations with CI’s human intervention at info@commercialinvestigationsllc.com or 518-271-7546.

The court adopts "factually correct and free from potential misunderstanding" standard of "inaccuracy."

Written by Michelle Pyan