How to File a Civil Complaint for False Background Check Information?

Question from jerry, How to File a Civil Complaint for False Background Check Information?

Answer from AI:

If you believe that a third party provided false information in a background check that caused you to lose a job opportunity, you may have grounds to file a civil complaint. Below is a general guide on how to draft a civil complaint for $2,500 against Advance Corporation of Johnstown, PA, the third party that provided the false information.

Understanding the Basics

Before drafting your complaint, it’s important to understand the basic elements of a civil complaint and the relevant laws that may apply. In the United States, the Fair Credit Reporting Act (FCRA) regulates how background checks are conducted and ensures that the information provided is accurate. If a third party provides false information, they may be in violation of the FCRA.

Steps to Draft a Civil Complaint

Here are the typical steps to draft a civil complaint:

1. Identify the Parties: Clearly state who is filing the complaint (the plaintiff) and who the complaint is against (the defendant).
2. Jurisdiction and Venue: Specify the court where you are filing the complaint and why it has jurisdiction over the case.
3. Statement of Facts: Provide a detailed account of the events that led to the complaint.
4. Cause of Action: Explain the legal basis for your complaint, such as a violation of the FCRA.
5. Damages: Specify the amount you are seeking in damages and explain how you arrived at that amount.
6. Prayer for Relief: State what you are asking the court to do, such as awarding you $2,500 in damages.

Sample Civil Complaint

Below is a sample civil complaint for your situation:

“`plaintext
IN THE COURT OF COMMON PLEAS OF [Your County] COUNTY, PENNSYLVANIA

[Your Name], Plaintiff,
v.
Advance Corporation of Johnstown, PA, Defendant.

CIVIL ACTION – COMPLAINT

1. Plaintiff [Your Name] is an individual residing at [Your Address].
2. Defendant Advance Corporation of Johnstown, PA is a corporation with its principal place of business at [Defendant’s Address].

JURISDICTION AND VENUE

3. This Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1331 as it involves a federal question under the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq.
4. Venue is proper in this Court because the events giving rise to this complaint occurred in [Your County] County, Pennsylvania.

STATEMENT OF FACTS

5. On [Date], Plaintiff applied for a job with [Employer’s Name].
6. Plaintiff attended a training session on [Date].
7. On [Date], Plaintiff was informed by [Employer’s Name] that they would not be hired based on information provided by Defendant.
8. The information provided by Defendant was false and inaccurate, causing Plaintiff to lose the job opportunity.

CAUSE OF ACTION

9. Defendant violated the Fair Credit Reporting Act (FCRA) by providing false and inaccurate information in the background check.
10. As a result of Defendant’s actions, Plaintiff suffered financial and emotional harm.

DAMAGES

11. Plaintiff seeks damages in the amount of $2,500 for lost wages, emotional distress, and other related costs.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court:
a. Award Plaintiff $2,500 in damages;
b. Award Plaintiff costs and attorney’s fees; and
c. Grant such other and further relief as the Court deems just and proper.

Dated: [Date]

Respectfully submitted,

[Your Name]
[Your Address]
[Your Phone Number]
[Your Email Address]
“`

Next Steps

1. **Review and Edit:** Make sure to review and edit the complaint to fit your specific situation.
2. **File the Complaint:** File the complaint with the appropriate court. You may need to pay a filing fee.
3. **Serve the Defendant:** Ensure that the defendant is properly served with the complaint.

Consult a Legal Professional

While this guide provides a general overview, it is crucial to consult with a legal professional to ensure that your complaint is properly drafted and filed. Legal professionals can provide personalized advice and help you navigate the complexities of the legal system.

For more information on the Fair Credit Reporting Act, you can visit the [Federal Trade Commission’s website](https://www.ftc.gov/enforcement/statutes/fair-credit-reporting-act).

Remember, this is a general guide and should not be considered legal advice. Always consult with a qualified attorney for specific legal issues.