Getting denied for an apartment can be devastating, especially when you believe you are a responsible tenant. In many cases, that denial may be tied to errors in a SmartMove background check report rather than your actual rental history.
SmartMove, owned by TransUnion, screens millions of rental applicants each year. While this system helps landlords make informed decisions, it’s far from perfect. Errors in these reports can lead to housing denials, damage your reputation, and create financial hardship.
You have rights under the Fair Credit Reporting Act (FCRA). Understanding these protections, and why seeking legal guidance is often an important first step, may help you protect your housing future and explore options for recovery.
What Is SmartMove?
SmartMove is TransUnion’s tenant screening service, commonly used by individual landlords and small property management companies. It pulls data from multiple sources to create reports that may include credit history, criminal records, eviction history, income insights, and identity verification.
These reports are generated through automated systems designed to process large volumes of data quickly. While efficient, this process may increase the likelihood of errors when information is incomplete, outdated, or incorrectly matched to the wrong individual. Landlords often rely heavily on these reports, which means a single inaccuracy might result in an application denial even if you are otherwise an ideal tenant.
Common Background Report Errors
Errors may appear in various forms, including criminal record mix-ups involving individuals with similar names or identifying details. In some cases, sealed or expunged records may still appear despite legal restrictions on their reporting.
Eviction inaccuracies may involve cases that were dismissed, duplicate entries, or filings that never resulted in an actual eviction. Credit and identity-related errors may stem from identity theft, incorrect payment history, or mixed files where one person’s information becomes combined with another’s data.
Because these reports pull from multiple databases, errors may not be obvious at first glance, which is why many consumers are unaware of the issue until a housing denial occurs.
The Impact of an Inaccurate Report
The consequences of an inaccurate SmartMove report often extend beyond a single denied application. Each additional rental inquiry may expose the same incorrect information to another landlord, increasing the likelihood of repeated denials.
As housing searches drag on, costs may accumulate through additional application fees, short-term housing arrangements, storage expenses, and missed opportunities tied to relocation delays. Over time, the stress of unstable housing and repeated rejections may affect work performance, family relationships, and overall well-being, particularly when the denial is based on information that is not accurate.
Your Rights Under the Fair Credit Reporting Act (FCRA)
The FCRA provides specific protections for consumers when background check information is inaccurate. If denied housing based on a SmartMove report, you have the right to receive an adverse action notice and obtain a copy of the report used in the decision.
The law also requires reporting agencies to investigate disputed information and correct or remove inaccuracies when appropriate. When errors are not corrected or required procedures are not followed, legal remedies may be available under federal law.
Why Speaking with an Attorney First Is Crucial
Discovering an error can create urgency to resolve the issue as quickly as possible. However, taking the wrong first step may limit your legal options and reduce the potential value of your case.
We regularly speak with individuals who attempted to dispute inaccuracies on their own without realizing that the governing statute includes specific requirements. While some errors may be removed, improper disputes may substantially weaken a future claim. In some situations, consumers only learn this after seeking legal help later, when the remaining issues are more difficult to address.
If disputing inaccurate information becomes necessary, the method used may also matter. Navigating this process correctly from the outset is why consulting an attorney familiar with the Fair Credit Reporting Act may be one of the most effective ways to protect both your rights and your housing opportunities.
How Raburn Kaufman Can Help
Raburn Kaufman focuses on protecting consumers from the harm caused by inaccurate background checks. If your SmartMove report contains errors such as criminal records that are not yours, evictions that never occurred, or accounts linked to identity theft, the firm can review your situation and assess whether potential violations may exist.
Raburn Kaufman works on a contingency basis, meaning clients do not pay out-of-pocket attorney fees. Many people are unaware that successful resolution of these matters may involve financial recovery once a case concludes.
Protect Your Housing Future
Inaccurate information on a SmartMove report can cause ongoing harm each time it is shared with a potential landlord. The longer errors remain unaddressed, the more opportunities may be affected.
If you have faced housing denials due to potential inaccuracies in a SmartMove background check, contacting Raburn Kaufman to discuss your situation may help clarify your rights and determine appropriate next steps under the Fair Credit Reporting Act.
