A background check mixed you up with someone else
Before an employer or landlord rejects you because of a background report, they generally must give you a copy and a summary of your rights. Tell them right away that the record isn’t yours and you’re disputing it. Dispute in writing with the background check company, which generally must investigate, usually within 30 days, and fix wrong information. Proof like a different birth date or middle name in court records helps. If it isn’t fixed, complain to the CFPB or talk to a consumer lawyer.
Your checklist
- Get a copy of the report
- Tell the employer or landlord now
- Dispute in writing with the company
- Gather proof it isn’t you
- They must investigate, often in 30 days
- Escalate to the CFPB or a lawyer
Rather read it? Here’s the whole thing.
Mix-ups happen
Background check companies sometimes match records by name alone, mixing you up with someone else, especially with common names.
Your right to see it
Under the federal Fair Credit Reporting Act, before an employer takes action against you based on a background report, it generally must give you a copy and a summary of your rights. Landlords who deny you based on a report must tell you which company provided it.
Act fast
Tell the employer or landlord right away that the information isn’t yours and that you’re disputing it. Ask them to wait.
Dispute with the company
Send a written dispute to the company that made the report, explaining what’s wrong, with your identifying information and proof. They generally must investigate, usually within 30 days, and correct or delete inaccurate information. Ask for a corrected copy to be sent to the employer or landlord.
Proof that helps
Court records showing a different date of birth, middle name or location; your ID; and sometimes a fingerprint-based check.
If it isn’t fixed
File a complaint with the CFPB. Consumer protection lawyers can sue companies that violate the law, often without upfront fees. You can also request your full file from the company.
Official sources, and where to look
- CFPB: background checks and your rightsconsumerfinance.gov
- FTC consumer advice: background checksconsumer.ftc.gov
- CFPB: submit a complaintconsumerfinance.gov
[background check company name] disputeCFPB complaint background check
Common questions
Can I get a free copy of my background check?
Often yes, especially after being denied based on it. You can also request your file from many screening companies directly. More ›
Does this apply to tenant screening?
Yes. Tenant screening companies are covered by the same federal law. More ›
What do I do if a background check has someone else’s record?
Get a copy, tell the employer or landlord you’re disputing it, and send a written dispute with proof to the background check company. More ›
How long does a background check company have to fix errors?
They generally must investigate a dispute within about 30 days and correct or delete inaccurate information. More ›
Does an employer have to show me my background check?
Before taking adverse action based on it, an employer generally must give you a copy and a summary of your rights. More ›
Can I sue a background check company for a mistake?
Yes, if they violated the Fair Credit Reporting Act, such as failing to follow reasonable procedures or to investigate disputes. More ›
Know someone who needs this?
Not yet reviewed by an expert. Last checked 2026-10-29. This is general help, not legal, medical or professional advice. Rules are different in every state.