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The San Francisco District Attorney's office alleges that HomeAdvisor advertisements mislead the public about the company's background screening policies.

Allegations

According to a lawsuit filed on March 14 2018, HomeAdvisor - a business that connects customers with local contractors, plumbers and other professionals - runs allegedly misleading advertisements that claim the workers they recommend have all been background screened. San Francisco District Attorney George Gascón is leading efforts to prove the company is breaking California laws that are intended to protect consumers.

The lawsuit alleges that HomeAdvisor only screens the owners of independent businesses and does not run background checks at all when working with franchises, independent contractors or large national companies. If this is true, then the implication is that workers who could be granted access to customer's homes have not been screened. This raises concerns that people could inadvertently hire an individual who has a violent or otherwise serious criminal history.

Gascón said: "Companies like this offer a convenient service, but they also introduce strangers into our homes. They must operate their businesses in a way that is within the parameters of the law and not misleading."

What the Lawsuit Requests

The 17-page lawsuit references several HomeAdvisor ads that give the impression every person who works on the company's behalf has passed a background screening. San Francisco's District Attorney's office asked that the company be prohibited from making untrue or misleading statements in their advertisements.

This lawsuit also asks the court to establish penalties if HomeAdvisor is found guilty of future infractions. For each violation of specific sections in the Business and Professions Code, the District Attorney's office asks the court to levy a fine of $2,500. In addition, the lawsuit asks that the court require the defendant to restore "every person in interest all money and property which was acquired by the defendants through their unlawful conduct."

San Francisco's Superior Court will hear the case on April 12, 2018.

Why Thorough Screening is Essential

Your customers expect you to do everything possible to ensure the people who represent your business are considered to be safe and trustworthy. This becomes even more critical when people who work on your behalf have direct access to customers, private homes and sensitive data. Running background checks is one of the best and most important ways to show your customers you are taking steps to protect them.

It is equally crucial to ensure the type of background screening you do is sufficient for each position. For example: when screening applicants who might enter customer's homes you should run a full array of criminal searches. This requires more than a basic background check. In this scenario, an employer should take additional precautions such as running a State Level Criminal Search, National Criminal Database Search and Sex Offender Registry Search.

To ensure ongoing security and peace of mind, we also recommend Criminal Monitoring. This is a service that checks for new criminal records incurred by anyone who represents your business. It is an easy way to find out if someone who works for your, directly or indirectly, has a new conviction of which you should be aware.

Takeaway for Employers

Taking steps to protect your employees and customers is an essential part of running a business. Failing to do so, or misleading the public about your background screening and related practices, could lead to tragedy, fallout from the public and lawsuits.

When you run background checks on everyone who represents your business, you show that you are performing due diligence and operating in the best interest of your customers. A background report is a low-cost investment that provides long-term benefits for you, your company and your reputation.

If you have questions about how to get started or need assistance putting together screening packages for employees, volunteers, contractors or anyone else, please contact our knowledgeable staff today for expert assistance.