The investigation discussed on this page has been closed. Thank you to everyone who helped contribute. For a list of open investigations, please visit this page. The information below remains for reference only.
At A Glance
This Alert Affects:
Anyone who had their background check report furnished by Zumper and found it contained inaccurate information.
What’s Going On?
Attorneys working with ClassAction.org are investigating whether they can help people who had inaccurate information listed on their background checks take legal action.
How Can an Attorney Help?
An attorney may be able to help you file a claim to recover money for any harm you may have suffered, such as loss of an apartment or deposit.
Attorneys working with ClassAction.org would like to speak to anyone who had a background check report furnished by Zumper and found that the report contained inaccurate information.
They are investigating whether Zumper has the appropriate measures in place to ensure rental applicants’ background check reports are both accurate and up to date.
Attorneys working with ClassAction.org need to hear from as many people as possible as they look into Zumper’s background check practices and determine whether legal action is necessary. It’s possible that you could be owed money for lost deposits, rental opportunities and more.
What Inaccuracies Could Show Up on a Landlord’s Background Check?
Credit report furnishers, such as Zumper, are required to maintain reasonable measures to ensure the information they furnish is as accurate as possible. When a company fails to do so, outdated and false information can show up on consumers’ credit reports and prevent these individuals from, for instance, securing an apartment or getting a home loan.
Some of the most common background check errors include the following:
Your report contains information for someone else, possibly with the same or similar name. If this person had a criminal history or prior evictions, it could be difficult – if not impossible – for you to get the apartment you applied for. To ensure the file is being pulled for the right person, the credit report furnisher should be checking that the Social Security number for the person listed in the report matches that of the applicant.
Your report contains old or expunged charges. Evictions, arrests, and dismissed charges should not show on your report if they are seven years or older. Furthermore, if you had an arrest, conviction or dismissal that was expunged or pardoned, it should not be on your background check. Credit report furnishers should ensure their files are up to date to ensure maximum possible accuracy and to make sure they are no longer reporting old or expunged charges.
Your report contains other inaccuracies. Even if you have no reason to believe your landlord’s background check will return any red flags, that doesn’t mean that mistakes don’t happen sometimes. In rare cases, evictions or criminal records will show on the reports of people with pristine backgrounds. Other times, one item on a background check can show up twice – making the applicant seem more problematic than he or she really is.
As an apartment applicant, you have the right to dispute any inaccurate records with the landlord.
Will This Be a Class Action Lawsuit?
Attorneys have reason to believe that a class action lawsuit may not be viable, so they are interested in pursuing this using another form of dispute resolution known as mass arbitration. This means they need as many people as possible to come forward, rather than have one person represent a whole group, as with a class action lawsuit.
What Can I Get by Taking Action?
Applicants may be able to recover compensation for lost deposits, missed rental opportunities, general frustration and inconvenience, among other losses. You may also be entitled to what’s known as statutory damages – a set amount that can be recovered under the law.