Like many people, I am unemployed, but, have always held an exceptional character as an employee ; the same as an individual and have never had any credit, legal (criminal or civil judgements)
or personal issues that, would impact or prevent me from employment. In fact, many head hunters have commended me as to my credentials.
I have purchased real estate, pay bills on time and checked my credit with Experian Credit, as that, is the premier credit service of the main 3 credit agencies. Some years ago, I found a company was using some mongrel credit agency in NY that, had bad information on me mixing up my information with an unrelated person. Within the past year Experian confirmed that, there was no negative information on my file. (By law any consumer denied employment is allowed one free credit report and a right to dispute fraud or incorrect information.)
Being unemployed in a tough economy, I have sought any available jobs. I applied to CVS Pharmacy, CareMark for an over night stocker position. The only way to apply to this company is online over the internet. The FTC and FBI,as well as the Social Security Administration and Monster,as well as many other Job sites,warn not to give out personal information and Social Security Numbers online, as the employers should ONLY asking for the information upon extending a job offer (NOT BEFORE.)
Companies where a Social Security Number was part of the online process have offered alternatives to online, such as providing it in person.
I complained to CVS as I did not want to provide this personal information online with all the hacking and identity theft. CVS stated, I could put in random numbers and then, go to their store and provide the information there. When, anyone is using the internet, every connection point or server is subject to capturing and losing any information submitted online, so, any secure site is NOT SECURE!
CVS told me to go to their store and give the Social Security Number for a background check. I received a decline letter due to failing to provide a valid Social Security Number on the CVS website after CVS provided the bad information to Lexis Nexis for a background report. Upon going to the CVS store as instructed by CVS Human Resources, I was told quote, "We took out the online employment kiosks out of the stores two years ago! We do not have any application process in the stores, it is all done
over the internet online." Thanks CVS Corporate - the blind leading the blind!
I reluctantly, returned to the website and resubmitted my application with a correct social security number,as I had hoped to secure a job close to my location before the listing was filled.
I received a second denial letter from CVS, that, stated, quote, "We are denying employment due to information given by Lexis-Nexis and if, you wish to obtain a copy of this information, call or write Lexis Nexis" "Lexis Nexis" is not aware of our decision based on the report,as we rely upon their information for making an employment decisions." (A major concern of CVS is theft and any criminal record pertaining to such matters, felonies, etc. as this is something noted on their website.)
I requested a report from Lexis-Nexis giving my information, DOB and SSN number as well as a copy of the denial letter from CVS. I informed Lexis Nexis, that, mistake, inadvertance, or error is not a defensible claim in a court of law, when, misinformation has impacted an individual financially and or publicly - such as causing the denial of employment, as it equal to slander, libel (in writing) and deframation of character. I informed Lexis Nexis that, this act creates a discriminatory situation, as well as matters that, violate HIPPA, FDCPA and the the FAIR CREDIT ACT or the Full Faith and Credit Laws [Laws -that allow income as a basis for credit and would otherwise violate Commerce or the UCC Laws of the United States.] This malfeasance can also, be construed as not only a civil tort, but, violations of Civil Rights Act and EEOC laws, to be free from discriminatory actions, (race, creed, color, sexual orientation, national origin, religion and employment status (income) or marital status), that, prohibit employment, as well as violations of Constitution Rights to be free from Interference and freedom of movement,as well as Article 9 which includes all rights not specified.
Experian Credit Services is the leading credit reporting agency of the three major reporting services and Experian had verified, that, there were no negative reports concerning my person. Lexis Nexis is more of a Legal Citation Service giving the current rulings and citations or references, on court cases and past court cases.
Now, this company is allegedly, providing consumer reports and assumedly, criminal records. Well, National Media Programs have been demonstrating how such agencies are confusing information for entirely different people and destroying their lives. Lexis Nexis has not provided me my report as required by law. Reports should be only given to the consumer to insure the information is correct and only when, the consumer deems the information correct, should it be allowed to be released to any third party. These organizations should be obligated to consult with consumers before doing them harm.
I have read a like complaint from another consumer on this site and I know that, credit agencies, which Lexis Nexis is not, ask that, reports be obtained by the consumer to verify and dispute any information that is incorrect. When, the information is reported as incorrect, the agency must correct it and provide proof of the correction. Only, then will it be verified and corrected if necessary thereafter, but, this is putting a cart before a horse. Some years ago, I had been informed of a negative credit report where the concern had obtained the report from a small unknown third rate credit agency in upstate NY.
I found that, the report that, credit agency had provided,was entirely wrong with information from a person with a different name and address added to my report. The agency had made the mistake.
I am now, going to report Lexis Nexis to the FTC, the Chamber of Commerce in the state where they
are located, the BBB and the Attorney General in their state,as well as mine. I will contact the EEOC and the Fair Labor Commission,as well as the MCAD (Mass. Commission on Discrimination) to make a legal determination on discrimination and then, contact an employment attorney or attorney dealing in Civil Rights, Constitutional Rights and Fair Credit Law and then, sue all parties.
Simple Libel law states if anyone publishes or dissemminates any damaging information about another which can not be proven, it causes negligence and liability to the person publishing the wrong. False Publication is a crime where I live.
Simple contract law, states, if,there is an offer, or an attempt to enter into an agreement (A potential job offer) and anyone, interferes with the relationship (Lexis Nexis) and then, changes a financial position, (Denying income) then, both the party causing the interference and the party who relied upon the bad information are liable to the person whose promise, potential promise or financial position was changed. I think I will give this to an investigative reporter,as well,and give this company some unwanted attention. Maybe a public exposure will bring out more victims and we can shut down Lexis Nexis and IMPACT CVS TOO maybe filing a class action suit against both. Frankly, we have to trust, these organizations blindly with our personal information, where anyone in these organizations can victimize us with identity theft and credit fraud or wrongful legal matters. The ONUS WRONGLY LIES ON US AS CONSUMERS.
Product or Service Mentioned: Lexisnexis Report.
Location: Springfield, Massachusetts