Credit Reporting Attorneys (2024)

There is a misconception that credit scores are controlled by the government and a meme portraying Spiderman that reads: “The people who are $30 trillion in debt are giving you a credit score” is making its rounds on the internet.

Credit scores come from the three major credit reporting agencies: Equifax, Experian, and TransUnion. Consumers have a belief that they are somehow owned, managed and controlled by the federal government but they are not, in fact.

At a fundamental level, the credit bureaus all operate as private, for-profit companies. They are highly regulated by the government by the creation of the Consumer Financial Protection Bureau or the Fair Credit Reporting Act. But in reality, none of the businesses are mandated by the government.

Credit bureaus work to collect consumer credit information and they sell that information to businesses such as banks and credit card companies. These companies want to know the financial risk of their consumers and are willing to pay for screenings. This determines the likelihood that the consumer will successfully manage a large expense and pay back a loan.

Credit bureaus also work directly with consumers. They are tasked with responding directly to consumer disputes due to mistakes and missing information on credit reports and allow consumers access to their credit scores. If there is fraudulent activity, they allow the consumer to freeze their account or place fraud alerts.

Each company works independently from each other. That is why each report may slightly differ. You may also find that you can access different reports from different places.

Even though the credit bureaus are not apart of the government they are still subjected to laws and regulation. The FCRA has been in existence since the 1970’s. It has been implemented to protect consumer rights when it comes to accuracy, fairness, and privacy of credit information. According to the FCRA you have the right to:

  • Be told if information in your credit report has been used against you

  • Know what’s in your credit report

  • Access your credit score

  • Dispute incorrect or incomplete information

  • Have incorrect or incomplete information resolved by the credit bureaus

  • Have outdated, negative information withheld from your report

  • Limit who can access your file

  • Give consent to your report being given to employers

  • Limit pre-screened credit and insurance offers sent to you

  • Seek damages from violators

  • Be given additional protections if you’re the victim of identity theft or are on active military duty.

Credit Reporting Attorneys (2024)

FAQs

Can you sue for incorrect credit reporting? ›

You have the right to bring a lawsuit.

Credit reporting companies that break the law can be held liable for damages and attorney fees. In the case of a willful failure to comply with the law, the company can be liable for actual or statutory damages and punitive damages.

Do credit bureaus really investigate disputes? ›

What happens after you dispute with a credit bureau. However you filed your dispute, the credit bureau has 30 days to investigate it. If the credit bureau considers your request to be “frivolous” or “irrelevant,” they will stop investigating, but they need to notify you of that and give the reason.

How hard is it to dispute a credit report? ›

You can dispute credit report errors by gathering documentation about the error and sending a letter to the credit bureau that created the report. All three credit bureaus, Equifax, Experian and TransUnion, have an online dispute process, which is often the fastest way to fix a problem.

How to sue the credit bureaus and win? ›

This blog post will outline the steps you should take to sue a credit bureau.
  1. Step 1: Identify the Credit Bureau's Violation. ...
  2. Step 2: Gather Evidence. ...
  3. Step 3: File a Complaint. ...
  4. Step 4: Consider an Attorney. ...
  5. Step 5: File a Lawsuit. ...
  6. Write a Demand Letter. ...
  7. How to Send a Demand Letter. ...
  8. Start your Small Claims Forms.
Mar 21, 2023

How much compensation for inaccurate credit reporting? ›

Damages for a Willful Violation

-Basic Damages (pick one): actual (provable) damages (no limit), or. statutory damages between $100 and $1,000 (to get these you don't have to prove that the violation harmed you).

What if this creditor has violated my rights in accordance with the Fair Credit Reporting Act? ›

If your rights have been violated under the FCRA, you are entitled to seek actual or statutory damages, recover attorney's fees and court costs and request punitive damages.

Can you get in trouble for falsely disputing credit? ›

What happens if you falsely dispute a credit card charge? Purposely making a false dispute is punishable by law and could lead to fines or imprisonment.

How often are credit disputes successful? ›

You might not always get a fair outcome when you dispute a chargeback, but you can increase your chances of winning by providing the right documents. Per our experience, if you do everything right, you can expect a 65% to 75% success rate.

Is there a downside to disputing credit report? ›

Disputing a credit card charge does not hurt your credit. However, if the information on your credit report changes because of the dispute, your score may change accordingly. Credit agencies can also note the dispute by placing the “XB” code on your account, which simply means the dispute is under investigation.

What is a 623 dispute letter? ›

4) 623 credit dispute letter

A business uses a 623 credit dispute letter when all other attempts to remove dispute information have failed. It refers to Section 623 of the Fair Credit Reporting Act and contacts the data furnisher to prove that a debt belongs to the company.

What is a red flag on a credit report? ›

What's a red flag? The FTC defines a red flag as a pattern, practice or specific activity that indicates the possible existence of identity theft. FTC guidelines include 26 examples of patterns that should be considered in an identity theft prevention program.

How do you fight a credit bureau? ›

If you discover errors on your credit report, gather any supporting documents and include them with a letter disputing the error. Then send it to: The credit reporting agency whose report you are disputing. The company that provided the incorrect information.

How do I dispute a debt and win? ›

Dispute in writing, and include any evidence that supports your claims (such as copies of cancelled checks showing you paid the debt or a police report in the case of identity theft). If the debt collector knows that you don't owe the money, it should not try to collect the debt.

What is the legal action for incorrect credit reporting? ›

Under the Fair Credit Reporting Act (FCRA) (15 U.S.C. § 1681 and following), you may sue a credit reporting agency for negligent or willful noncompliance with the law within two years after you discover the harmful behavior or within five years after the harmful behavior occurs, whichever is sooner.

What is the penalty for incorrect credit reporting? ›

In the case of obtaining a consumer's report from a consumer reporting agency under false pretenses or knowingly obtaining it without any permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or $ 1,000, whichever is greater.

What to do if a credit report is wrong? ›

If you discover errors on your credit report, gather any supporting documents and include them with a letter disputing the error. Then send it to: The credit reporting agency whose report you are disputing. The company that provided the incorrect information.

Can I sue someone for ruining my credit score? ›

Winning a damaged credit score claim is not easy. But it can be done, and people have won these cases against credit bureaus, lenders, credit reporting agencies, and other related companies. You have rights under the Fair Credit Reporting Act (FCRA) and protection under the Consumer Financial Protection Bureau.

Who is responsible for correcting mistakes on your credit report? ›

Fixing credit report errors

To ensure mistakes are corrected as quickly as possible, contact both the credit bureau and organization that provided the information to the bureau. Both these parties are responsible for correcting inaccurate or incomplete information in your report under the Fair Credit Reporting Act.

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