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Can I sue a background check company for a mistake?

Short answer

Yes, if they violated the Fair Credit Reporting Act, such as failing to follow reasonable procedures or to investigate disputes.

Rules differ by state. This is general information, not legal or professional advice.

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Official sources

CFPB: background checks and your rightsconsumerfinance.gov
FTC consumer advice: background checksconsumer.ftc.gov
CFPB: submit a complaintconsumerfinance.gov