Erickson v. First Advantage Background Services Corp., No. 19-11587 (11th Cir. 2020)Annotate this Case
Plaintiff filed suit against First Advantage, claiming that the company's upsetting report failed to comply with the Fair Credit Reporting Act's "maximum possible accuracy" standard.
The Eleventh Circuit held that a report must be factually incorrect, objectively likely to mislead its intended user, or both to violate the maximal accuracy standard of the Fair Credit Reporting Act. The court concluded that First Advantage did not violate the Act and thus there was no willful violation or any actionable reputational harm. In this case, the report was factually accurate where it stated that a registered sex offender in Pennsylvania shared plaintiff's first and last name. Furthermore, the report did not wrongfully attribute that record to plaintiff where it explained that the matching record was located using a name-only search and cautioned that the record might not be plaintiff's at all.