Have you ever gotten a SmartMove background check that had wrong or misleading details about your criminal record? Such errors are more common than you may believe. They can seriously hurt your chances of having your rental application approved. But don’t lose hope; you have rights. You can fix the issue and regain your footing, both financially and emotionally.

If a SmartMove background check led to a rental denial, you’re in the right spot to find out how to recover.

Finding a rental can be difficult. You need a home that matches your budget, is in the right area, and fits your family’s needs. If you have a criminal record, things get more complicated. It’s tough when your background is closely checked, and your application gets turned down. This disappointment grows when you’ve done your best to show you’re a good candidate.

When a rejection comes from wrong or unfair reports about your criminal record, it can cause financial problems and housing issues. It can also lead to serious emotional distress.

Keep reading to understand SmartMove, its reports, and how errors happen. We’ll also cover how to fix them and enforce your legal rights when needed. Our consumer law attorneys at Haseeb Legal have helped thousands recover from reporting errors. Whether you need advice, knowledge, or representation, we’re here to assist you!

What Does the SmartMove Company Do?

SmartMove is a tenant screening service from TransUnion Rental Screening Solutions (TURSS). TURSS is a branch of TransUnion, a famous credit bureau. TransUnion acts as a Consumer Reporting Agency (CRA). It specializes in gathering and sharing consumer data in various reports. Together with Experian and Equifax, TransUnion is one of the three biggest CRAs in the United States. These companies, known as credit bureaus, are multi-billion-dollar firms. They produce and distribute credit reports and offer credit scores to millions of consumers every year.

TURSS, also known as SmartMove, is specifically dedicated to creating rental screening reports. These background check reports highlight factors important to landlords and property managers. SmartMove’s main clients are landlords, property owners, and property managers. They use the SmartMove service to check potential renters.

What is the Importance of Being a CRA?

Consumer Reporting Agencies (CRAs) are subject to both federal and state regulations. A major law in the consumer data industry is the Fair Credit Reporting Act (FCRA). This act ensures your right to accurate data reporting. It also lays out specific legal duties for CRAs. These duties involve how they gather, organize, and sell your data in consumer reports.

If a SmartMove tenant background check reveals wrong or false information about you, especially your criminal history, it can be held responsible under the FCRA.

How Does SmartMove Execute Background Checks?

When a property manager or landlord chooses SmartMove, they start by entering your email address. Then, SmartMove emails you a link to their platform. You need to provide basic identity verification details and any required documents. You must also give your consent for the background check.

SmartMove uses advanced algorithms to search databases for information about you. This information is reviewed, sorted, and compiled into a report. It also includes a special feature called a Resident Score.

SmartMove gathers information from many sources. This includes data from banks, service providers, and lenders you’ve worked with. It also gets data from third-party vendors who check public records, like county and criminal databases.

What Details Does SmartMove Include in Their Background Checks?

SmartMove’s background check report is detailed. It includes a credit check from TransUnion, a Resident Score, criminal history, eviction history, and Income Insights.

What’s Involved in a SmartMove Criminal Background Check?

SmartMove’s criminal background check is detailed. It searches state records and also checks some national registries and watchlists. These include the FBI’s Most Wanted, public sex offender registries, and OFAC.

How Does SmartMove Perform Background Checks for Rental Properties?

A SmartMove report for rental properties comes with a credit check and a criminal background check. It also features a Resident Score and an Income Insights section. Both of these are unique features of a SmartMove tenant screening report.

The Resident Score comes from an applicant’s credit history and score. It ranges from 350 to 850, like a credit score. This score uses data from 500,000 records specific to residents. It shows how likely a consumer is to be a good tenant. It considers factors such as evictions, late payments, and broken lease obligations.

Income Insights estimates all income sources and compares them to a tenant’s self-reported income. However, TransUnion recommends using Income Insights to prompt landlords or property managers to ask for more proof of income. It should not be used to deny an application. This means the information is helpful but not conclusive.

Does SmartMove Offer Background Checks for Employment?

SmartMove focuses on tenant screening services. It does not provide employment background check reports. However, other segments of TransUnion do offer employment screening tools.

What Are the Consumers’ Rights Regarding a Background Check?

It’s important to understand your rights concerning background checks, especially with services like SmartMove. Consulting a legal expert is a good idea for detailed advice, but knowing your rights is also useful. Federal and state laws, including the Fair Credit Reporting Act (FCRA), protect these rights. Keep in mind that state laws can differ, especially for criminal and eviction records.

Here are some fundamental rights you should be aware of:

• Consent Requirement: SmartMove can only conduct a tenant screening after confirming your identity and obtaining your explicit consent. A mere request from your potential landlord or property manager doesn’t suffice. You will get an email link to share your authorization and identity details. You should have included these in your rental application.
• Accuracy of Information: The FCRA mandates that SmartMove must provide accurate information. They are required to have a system of checks and balances in place to ensure this accuracy.
• Access to Reports: You have the right to review the report generated by SmartMove. If you are unable to receive it during the intake process, you can request it from your landlord, property manager, or directly from SmartMove.
• Reason for Denial: If your SmartMove background check leads to a housing denial, you have the right to know what information in the report caused this decision.
• Credit Report Access: You can access your credit report from each of the three credit bureaus weekly at no cost. This can be done online at annualcreditreport.com, by phone at 877-322-8228, or by mail using the printable request form. Be sure to use this government-verified site for online requests.
• Right to Dispute Errors: If your tenant screening report from SmartMove has any false or misleading information, you can dispute it and ask for a correction. This also includes information that is technically accurate but not reportable under state law.
• Legal Recourse: If SmartMove has wrong, unreportable, or false info in your tenant screening report, you might be able to sue for correction and compensation. This compensation would cover financial, emotional, and reputational harm, among other things.
• Covered Legal Fees: Under the FCRA, you also have the right to sue without incurring out-of-pocket costs. If you sue SmartMove and win, your legal fees and costs will be covered by the company.

It’s smart to talk to a lawyer. They can help you decide if you should challenge mistakes and guide you through the process.

Which Companies Use SmartMove for Background Checks?

TransUnion, the parent company of SmartMove, does not reveal which companies use its services. However, given TransUnion’s reputation, many businesses likely rely on SmartMove. This includes small businesses and large corporations for their background check needs.

Also Know About First Advantage (FADV) Background Check

What do Companies Use SmartMove Background Checks For?

SmartMove background checks are primarily for landlords, property owners, and property management firms. They use SmartMove to evaluate potential tenants based on their property criteria. The goal is to build a complete profile for each prospective tenant. This profile assesses financial stability, lease history, property upkeep skills, and any safety risks to neighbors or other tenants. This detailed screening helps companies make informed tenant choices and lowers the risk of future issues.

Can Errors Occur in Background Checks from SmartMove?

Yes, errors can indeed occur in background checks from SmartMove. SmartMove is part of the TransUnion family, but it can still make mistakes like other companies in the consumer data industry. The use of algorithms to generate reports quickly can sometimes lead to inaccuracies. Research shows that up to one-third of consumers face reporting errors each year. This includes those whose data is managed by tenant screening services like SmartMove.

What Causes Errors in Background Checks?

Errors in background checks can stem from various sources. These include:

• Data Entry Mistakes: These are simple errors made by individuals entering information into a system or database. Given the many accounts most of us are affiliated with, there are countless opportunities for these mistakes to occur.
• Mixed Files: This happens when data from multiple individuals gets reported in a single file, usually due to basic similarities like name or birth date. This can lead to someone else’s criminal history or suspended account being reported as yours.
• Identity Theft: Unauthorized use of your identity for financial or other transactions can lead to devastating financial problems, including reporting errors.
• Inadequate Protocols: Companies like SmartMove are expected to use robust data gathering, review, and reporting protocols. But, failure to do so can lead to persistent problems, including lawsuits and consumer advocacy efforts.

Main Types of Errors

Errors in background checks can manifest in various ways, including:

• Transposed digits in a Social Security Number or date.
• Incorrect or incomplete information in original documents.
• Incorrect criminal records, such as misleading, inaccurate, false, duplicate, or unreportable data.
• Outdated information, such as expunged convictions that were not updated.
• Mistaken identity leading to unaffiliated criminal records being associated with the wrong person.
• Information from identity theft and fraud scenarios reported as accurate.
• Information from someone else in your consumer profile.
• Being mistakenly reported as deceased.

How Often Do Errors Occur in Background Checks From SmartMove?

There is no specific data on errors in SmartMove’s background checks. However, it’s estimated that up to one-third of consumers face reporting errors each year. Not all errors cause the same harm. If reporting errors significantly affect you, it’s important to seek correction.

What to Do if You Do Not Receive Answers to Your Questions on the Background Report?

If you disputed information on your background report and got no response or an unsatisfactory one within thirty days, contact a consumer protection lawyer. They can help you understand your next steps. This will ensure your rights are protected and the issue gets resolved.

What Actions Can You Take if Errors Appear in Your SmartMove Report?

The Fair Credit Reporting Act (FCRA) lets you take legal action against SmartMove for inaccuracies in your report. If there’s an error, you may need to start a dispute and show evidence of harm. However, for some errors, you can go straight to a lawsuit. Consulting a background check attorney can help you see how your case fits with the law.

To know more about the law visit Federal Trade Commission Website

Who Should You Contact to Fix Errors in Your SmartMove Background Report?

A consumer protection attorney can help you fix issues with SmartMove background check errors. At Haseeb Legal, our team of lawyers has a strong history of assisting clients with incorrect reports. We are ready to share our expertise with you, too.

How Can Haseeb Legal Help You Dispute a SmartMove Background Report?

When you schedule a free consultation with our legal team, we will listen to your situation. Then, we will guide you on the best course of action. If we recommend filing a dispute, we will share insights on best practices. This ensures your rights are protected throughout the process. If a lawsuit is needed, either right away or after the dispute, we will help you understand what information you need to gather.

Reach out today to speak with one of our consumer protection lawyers via phone 630-534-2527, email [email protected], or online intake form.

We’re always happy to hear from you and offer support! And, with a nationwide practice, we’re right where you need us to be.