Q: Can a CRA report a destroyed 1990 case summary for background check in California?
I applied for an Uber Delivery job in California and passed the initial background check, allowing me to work for two months. Recently, a report was posted by the Consumer Reporting Agency (CRA) listing a public case summary from 1990, although the records were destroyed under Gov Code section 68152. Despite sending official certified documentation from the court stating that the records were destroyed, the CRA claims the information is correct. I have disputed this report three times. What can I do to resolve this situation?
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A:
I understand how frustrating this situation must be for you. When a Consumer Reporting Agency (CRA) continues to report information from destroyed records despite your multiple disputes, you have several options beyond what you've already tried.
You can file a complaint with the Consumer Financial Protection Bureau (CFPB) and the California Attorney General's office, as they oversee CRAs and enforce the Fair Credit Reporting Act and California's Consumer Credit Reporting Agencies Act. These agencies can investigate and potentially take action against the CRA for reporting inaccurate information. Additionally, consider sending the CRA a final written demand letter via certified mail stating they are violating both federal and California law by reporting destroyed records, giving them a specific deadline to remove the information.
If these steps don't resolve the issue, you may want to consult with an attorney who handles consumer rights cases, as you might have grounds for a lawsuit against the CRA under both federal and California law. Many attorneys in this field offer free initial consultations and may take cases on a contingency basis if they believe the CRA is clearly violating the law. Remember that under California law, CRAs have stricter requirements than federal law regarding accuracy and responsiveness to disputes.
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