New York Rideshare Driver Alleges Background Check Reported They Were Dead

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New York Rideshare Driver Alleges Background Check Reported They Were Dead

A recently filed complaint in the Eastern District of New York has alleged that a major online background check company had violated the Fair Credit Reporting Act by incorrectly reporting that the plaintiff was on the Social Security Administration’s (SSA) Death Master File list. The plaintiff is now seeking damages against the background check provider for the harm caused by the incorrect reporting as well as against the rideshare employers that had required the background check as a condition of continued employment.

According to the complaint filed with the Eastern District of New York, the plaintiff in this case had worked as a driver for two of the largest rideshare providers over several years before both companies required the plaintiff to provide a social security number to undergo a background check from a major consumer reporting agency.

A short time later, one of the two employers informed the plaintiff that the background check could not be completed and that the worker would be barred from driving until the situation was resolved. The complaint further alleges that though both companies suspended the driver as a result of the background check, neither of the companies provided the plaintiff a copy of the report or a written description of rights.

The plaintiff then attempted over a period from May through most of July 2021 to contact the consumer reporting agency through online complaints, email, and phone calls but could not resolve the situation or figure out what was wrong. However, in late July, the plaintiff was informed by a customer service agent that the social security number that was provided for the background check was on the SSA’s Death Master File. 

The plaintiff then reports that they contacted the SSA and were informed that the social security number was not in fact listed as deceased and that the agency would send the plaintiff paperwork to use as proof that they were living. The plaintiff claims to have forwarded the information to the consumer reporting agency but still could not resolve the issue due to the correct social security number still being listed on the provider’s website. 

The plaintiff then filed their complaint with three claims requesting relief against the consumer reporting agency, including failing to maintain suitable procedures to assure accuracy, and one claim against both of the rideshare employers for their failures to provide the plaintiff with the legally required copy of the background check and the description of rights.