How to Issue Spot and Litigate FCRA Cases Involving Inaccurate Tenant Screening Background Check Reports

As the criminal justice system comes under scrutiny, our national reckoning should include reining in the outsize influence that police and courts wield in the lives of millions of people outside the formal legal system. Records created by police and prosecutors are routinely accessed in tenant screening background checks — and regularly used to discriminate against millions of Americans seeking both jobs and apartments. But employment and tenant screening background check reports don’t necessarily provide an accurate portrayal of a person’s past. Employment and tenant screening CRAs routinely mismatch people, omit crucial information about a case, provide misleading information, and misclassify offenses when preparing consumer reports in the form of employment and tenant screening background checks.

Meanwhile, an increasing number of American consumers cannot afford to purchase a home and, therefore, must rent. Landlords are leveraging technology and data to make more informed decisions, leading to more comprehensive tenant screening processes, including comprehensive background checks. This includes checking credit history, criminal and civil records, and rental history. Trying to apply for and obtain affordable housing is tough enough, the last thing prospective tenants need is inaccurate criminal or civil record information showing up in their tenant screening background check reports.

If you are investigating and/or litigating FCRA cases against some or all of the main players in the tenant screening world (such as, TURSS, RentGrow, First Advantage, AppFolio, and On-Site/RealPage) you need to understand how to effectively issue spot and conduct discovery to increase your settlement leverage, prevail on your claims at summary judgement, and ultimately win at trial.

What You Will Learn:

• How to properly issue-spot when handling tenant screening leads and what facts must be present to have an FCRA claim worth pursuing
• How to ensure that your client’s case/claims are ripe before filing/pursuing litigation
• How to identify the critical documents you need in discovery to prove and win your case
• How to gain leverage through discovery to increase the overall value of your case

Speaker

Hans Lodge is a zealous advocate and is dedicated to protecting the rights of consumers in and out of court. Mr. Lodge assists consumers who have been denied jobs or housing due to inaccurate criminal and civil record history reporting in their employment screening and tenant screening background check reports. Mr. Lodge also assists consumers who have been denied credit due to inaccurate information reporting in their credit reports and have suffered harm due to unlawful debt collection behavior. Mr. Lodge primarily focuses his practice on claims brought under the FCRA on behalf of consumers against CRAs, which include Equifax, Experian, and Trans Union and various employment and tenant screening CRAs. Prior to joining Berger Montague PC, Mr. Lodge combined his passions for fighting for the little guy and oral advocacy by representing consumers in individual and class action litigation where he held businesses, banks, background check companies, credit bureaus, and debt collectors accountable for illegal practices.

Please note, all live webinars are free to NACA members. Higher level and firm members as well as non-members who purchased the webinar will have access to the recording at no additional cost. Click here to watch the live webinar.