Top 5 Fair Credit Reporting Act Violations – Gale Angelo Johnson P.C. (2024)

Your credit reports play a monumental role in shaping your financial opportunities and reputation. However, if those reports contain errors, your access to credit and financing can suffer dramatically. As staunch advocates for consumer rights, our firm frequently encounters violations of consumers’ rights under the federal Fair Credit Reporting Act (FCRA). These violations, whether through sloppy reporting practices or negligence in investigating disputes, perpetrate inaccuracies that can wreak havoc on your finances for years.

In this guide, we detail the most common Fair Credit Reporting Act violations together with the exact steps you can take if you believe false information is plaguing your credit history. Arm yourself with knowledge and take action against credit report errors.

1.Inaccurate Reporting of Your Credit Information

Among the most frequent complaintsGale Angelo Johnson P.C. handles involves issues ofinaccurate credit reporting.This occurs when furnishers like banks, lenders, or collection agencies provide imprecise, unverified, or flat-out false information regarding your accounts to the three majorcredit bureausEquifax,Experian, andTransUnion.

Some examples of inaccurate reporting include:

  • Reporting closed accounts as open
  • Listing incorrect account balances
  • Misstating your actual payment history
  • Failing to update accounts as settled or paid
  • Associating other individuals’ accounts with your profile

These and other reporting fallacies get propagated through thecredit reportingsystem and reflected on your file, dragging down your all-importantcredit score.Unfortunately, some furnishers are careless about accurately reporting payment statuses, balances, and histories.

Disputing Inaccurate Accounts

If you spot false information on yourcredit report, you have the right under the FCRA to start a dispute with the bureau and furnisher. This involves providing details of the discrepancy and any documents substantiating your claim. The bureaus and furnisher must then undertake a reasonable investigation within 30 days.

Furnishers risk FCRA violations through repeatedly furnishing unverifiable or false information that has been disputed. With our firm’s assistance, we can assist in the preparation of and pursue legal action if violations are identified. The integrity of your credit profile hangs in the balance.

2.Failure to Reasonably Investigate Credit Report Disputes

When you exercise your right to dispute inaccurate items on your credit reports, the bureaus are obligated under federal law to conduct a reasonable investigation of your claim. Regrettably, in practice manycredit bureausundertake only cursory, superficial reviews before closing the dispute.

TheFair Credit Reporting Act (FCRA)mandates the bureaus make a good faith effort to ascertain the accuracy of disputed information by obtaining verification from furnishers. Instead, the bureaus frequently just reach out to the furnisher, ask them to confirm the data, and consider the dispute resolved when the furnisher reiterates the same unverified information.

Holding Bureau’s Accountable

These shallow investigations clearly violate the intent of the FCRA and consumers’ rights. With knowledgeable legal advocates on your side, you can push the bureaus to truly scrutinize contested information, compel furnishers to validate reported data, and have unverified items deleted.

The teamat Gale Angelo Johnson P.C. have seen firsthand the shortcomings of many bureau investigations; we know how to compel them to fulfil their lawful duties to protect your financial interests. Don’t let them shrug off disputes with form-letter responses.

3. Impermissible Access to Your Confidential Credit Report

The FCRA has strict rules around which types of entities can access your credit reports and under what circ*mstances. Generally, creditors, insurers, landlords, and employers have permissible purpose for accessing your reports provided they obtain your prior consent. However, the bureaus sometimes release reports without the proper consent, constituting a violation.

For instance, if an employer checks your credit history without having you sign a release authorization first, they are infringing upon your confidentiality rights under federal law. The FCRA is designed to keep your sensitive financial information private and prevent unauthorized exposure.

Safeguarding Your Credit Information

If you suspect an entity viewed your credit illegally, contact our office. Our seasoned attorneys can determine if the FCRA was breached, initiate disputes on your behalf, and commence litigation if they continue to violate your rights. We can also advise if you have grounds for a lawsuit against the bureaus for enabling unauthorized access. Don’t let them compromise your privacy.

4. Reporting Outdated Negative Information

Under the FCRA, the credit bureaus and furnishers have a responsibility to maintain current, up-to-date information in your credit file. They should not indefinitely continue reporting old negative items from your distant past that no longer bear relevance to assessing your creditworthiness today.

Nonetheless, we routinely see credit reports plagued by outdated entries like:

  • Late payments from over 7 years ago
  • Defaults on old loans long since paid
  • Ancient collections with expired statute of limitations
  • Bankruptcies from a decade or more ago

While these may have been negative markers at one time, they lose significance and should fall off your credit report after set time periods. Yet often they obstinately endure on credit reports, weighing down consumers’ scores.

Removing Obsolete Derogatory Items

You have the right to initiate disputes when your reports contain outdated, obsolete information that inaccurately portrays your finances. Our experienced attorneys can advise you on applicable time limits and cite the FCRA to compel the bureaus and furnishers to remove the outdated items. If you have been sending out demand letters without success, we can leverage the full authority of federal law to help clear your reports of inaccuracies.

5. Mixed or Merged Credit Files

One of the stickiest and most harmful errors happens when the bureaus merge your credit history with another individual’s file, blending records together. Suddenly you may find yourself accountable for loans never taken out or named on bankruptcies filed by strangers, seriously distorting your credit standing.

This nightmare scenario stems from the credit bureaus’ carelessness in matching identifying information across different files. You may share close names, addresses, or social security numbers with another consumer, causing crossing of files.

Unraveling Mixed Credit Identities

Untangling merged files often proves challenging for consumers alone, requiring skilled legal assistance. The consumer law experts at our firm are seasoned in navigating this tangled process. We’ll aggressively press the bureaus to investigate, separate the mixed files, and ensure only accurate information remains tied to your identity. This includes having erroneous entries scrubbed from your records, so you don’t unjustly shoulder others’ financial missteps.

How to Fight Back Against Credit Report Errors

Armed with awareness of your Fair Credit Reporting Act rights, you now have greater power to identify violations and pursue corrections. If you encounter any of the following, consider seeking legal support from our qualified attorneys to defend your interests:

  • Inaccurate account statuses– Dispute with details and proof of correct status
  • False account balances– Provide proper documentation of true balance.
  • Accounts that don’t belong to you– Inform bureaus and request immediate removal.
  • Multiple listings of same debt– Report duplicate accounts that overstate what you owe.
  • Verification failures when disputing– Pressure bureaus to verify with furnisher.
  • Outdated negative items– Cite reporting time limits for removal.
  • Mixed credit files– Insist bureaus unravel and separate records

At our firm, we have collectively spent decades helping thousands of consumers just like you stand up against credit reporting errors. Our attorneys understand every nuance of the Fair Credit Reporting Act, enabling us to aggressively hold the credit bureaus and furnishers accountable when they breach your rights under federal law.

We have successfully recovered damages and gotten countless inaccurate items permanently deleted from credit reports through litigation when necessary. Don’t let mistaken information tank your credit. With us as your tireless advocates, you can rest assured knowing your credit rights are protected.

Contact us at(916) 290-7778for a no-cost consultation if you suspect violations impacting your credit profile. Our mission is helping consumers like you defend your financial interests in the face of unlawful credit reporting.

Top 5 Fair Credit Reporting Act Violations – Gale Angelo Johnson P.C. (2024)

FAQs

What are the violations of the Fair Credit Reporting Act? ›

Common violations of the FCRA include:

Creditors give reporting agencies inaccurate financial information about you. Reporting agencies mixing up one person's information with another's because of similar (or same) name or social security number. Agencies fail to follow guidelines for handling disputes.

What companies broke the Fair Credit Reporting Act? ›

FCRA lawsuit involves multiple violations of the Fair Credit Reporting Act by Arrow Financial, HSBC, Experian, Equifax and Trans Union regarding the attempted collection from the client of another person's debt.

What are the main points of the Fair Credit Reporting Act? ›

The Fair Credit Reporting Act (FCRA) , 15 U.S.C. § 1681 et seq., governs access to consumer credit report records and promotes accuracy, fairness, and the privacy of personal information assembled by Credit Reporting Agencies (CRAs).

What is a 623 dispute letter? ›

A 623 dispute letter is a written communication submitted to a credit bureau, typically by a consumer, to dispute inaccuracies or discrepancies in their credit report.

What are the penalties for violating the Fair Credit Reporting Act? ›

The act specifically outlines civil penalties for willful and negligent violations against violators. If any person is found to be violating any provision of the act, they will be liable for actual damages, punitive, and statutory damages of no less than $100 or no more than $1000, whichever is higher.

Can you sue under the Fair Credit Reporting Act FCRA? ›

cases, a user of consumer reports or a furnisher of information to a consumer reporting agency violates the FCRA, you may be able to sue in state or federal court. Identity theft victims and active duty military personnel have additional rights. For more information, visit www.consumerfinance.gov/learnmore.

Why is TransUnion being sued? ›

TransUnion was cited for reporting inaccurate eviction records in tenant background screenings. An $11 million portion of the settlement will compensate consumers upon approval by a federal court.

What are my rights under the Fair Credit Reporting Act? ›

Access to Your Credit Report – The Act requires credit reporting agencies to provide you with any information in your credit file upon request once a year. You must have proper identification. You have a right to a free copy of your credit report within 15 days of your request.

What is an example of the Fair Credit Reporting Act? ›

The Fair Credit Reporting Act (FCRA) mandates that when a business pulls a credit report on someone, they must specify the reason. For example, the reason could be in conjunction with a loan request, for employment purposes, or part of a credit check by a landlord.

What is the new FCRA law passed in 2024? ›

Fair Credit Reporting Act File Disclosure: The maximum charge to a consumer under the FCRA for file disclosure increases effective January 1, 2024, to $15.50 from $14.50. See 88 Fed.

What are the 7 factors of the FCRA? ›

The FCRA defines a consumer report as any written or oral communication that meets all of the following conditions: ∎ It is prepared by a CRA. ∎ It bears on a consumer's creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living.

What is the 15 code 1681? ›

(1) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system.

What is the 609 loophole? ›

Specifically, section 609 of the FCRA gives you the authority to request detailed information about items on your credit report. If the credit reporting agencies can't substantiate a claim on your credit report, they must remove it or correct it.

What is the difference between a 609 and 604 letter? ›

A 609 letter can help you verify information and identify errors on your credit report. It can also uncover “hidden” details that don't show up in your free credit report. Section 604 explains the circ*mstances in which the credit bureaus can release your credit information to various entities.

What is FCRA 623 a 5? ›

FCRA 623(a)(5)(A) This "date of delinquency" determines how long the debt can be reported on a consumer's credit report. Generally, a CRA may report a delinquent debt for seven years from the date of delinquency. If the debt was discharged in bankruptcy, however, a CRA may report it for 10 years.

What rights does the Fair Credit Reporting Act restrict? ›

The FCRA specifies those with a valid need for access. reporting agency may not give out information about you to your employer, or a potential employer, without your written consent given to the employer. Written consent generally is not required in the trucking industry.

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