Consumer Challenges Uber Background Check Practices, Alleges Co. Hired Driver Who Stole His Identity

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Uber and Checkr face a proposed class action that claims the companies have consistently failed to properly screen Uber driver applicants given that they’ve approved some individuals who’ve used stolen identities to apply for jobs.

The 30-page case, filed by a Florida resident, alleges that ride-sharing service Uber and third-party background screening service Checkr negligently hired a driver who applied with a stolen identity. The filing further charges that Uber and Checkr have violated the Fair Credit Reporting Act by failing to notify the plaintiff that he was the subject of a background report, leaving him with no opportunity to prevent the identity theft from occurring.

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According to the suit, Uber claims on its “Driver Screening” webpage that it conducts an initial background screening on prospective drivers and retains on-file identification for each driver “to help make sure the right driver is behind the wheel.” However, the complaint argues that Uber misrepresents its procedures in that it does not conduct background checks or identity verifications in-house. Instead, Uber leaves its criminal background checks, employment verifications, driving record checks, drug and health screenings, education verifications and international background checks to Checkr, the complaint contends.

The lawsuit adds that, contrary to its policy promises, Uber neither receives nor maintains any documents related to these screenings.

As a result of Uber’s inadequate background checks, many drivers successfully use false identities to obtain employment with Uber, even if they are ineligible due to prior criminal history, unsatisfactory driving record, immigration status or lack of creditworthiness, the case contends.

“As a result, innocent people such as [the plaintiff] become victims of Defendants Uber and Checkr and are left with no choice but to deal with the consequences, which include without limitation the hiring and paying professionals to rectify their tax filings, credit reports, and other financial documents,” the filing states.

Per the complaint, the plaintiff received an IRS transcript in June 2022 that reported that Uber filed a 1099-NEC using his name and Social Security number, even though he has never worked for the company.

In August and September of this year, the plaintiff sent several letters to the company demanding that it cease all Uber driver accounts using his information, the suit relays. The man also requested that Uber provide all documents related to background checks, identification verifications and IRS 1099 forms in connection with any Uber driver accounts using his information, the filing says.

Uber admitted to the plaintiff that it does not possess background check or identification verification forms and that the man would need to contact Checkr, which also failed to provide the requested documents, the complaint alleges. The case reports that Uber finally deactivated the fraudulent account on September 26.

The lawsuit seeks to represent anyone who has been a victim of identity theft by an employee and/or contractor driving for Uber, resulting in the use of that person’s identity to work for the ride-sharing service.

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