FCRA Credit Report Lawsuits
Last Updated on September 23, 2024
At A Glance
- This Alert Affects:
- Anyone who had a problem with their credit report.
- What's Going On?
- Attorneys working with ClassAction.org are trying to help people who had issues with their credit reports determine whether they can take legal action.
- How Much Does It Cost to Talk to These Lawyers?
- Nothing.
- What Types of Problems Are People Having?
- Credit reports that have the wrong information, that say the person is dead, that were pulled without permission, etc.
- Who Can I Sue?
- Credit reporting agencies like Experian, Equifax and Transunion; banks and debt collectors
- What Could I Get from a Lawsuit?
- You may be able to receive money for any harm you suffered as a result of the error, plus up to $1,000 per violation and attorneys' fees and costs. You may also be eligible for what's known as punitive damages, which are an additional amount of money awarded to the person filing the lawsuit and intended to serve as a punishment for the defendant.
If you had a problem with your credit report, attorneys working with ClassAction.org may be able to help.
They’re offering to review people’s credit reports, free of charge, to help determine whether the company that ran or ordered the report broke the law. In these cases, the individual may be owed up money for the violations.
If you had problems with your credit report, fill out the form on this page and tell us about it. After we receive your information, an attorney may reach out to you via e-mail or phone. He or she may ask you a few questions about who ran the report and why it was run. They may also ask you to send them a copy of the report to help determine whether you can file a lawsuit.
What Types of Credit Report Problems Are People Having?
Problem #1: The wrong information is printed on the credit report.
This information can include the wrong:
- Name
- Date of birth
- Address
- Social Security number
Some people have also reported that someone else’s information was printed on their report. It’s common for people who receive credit reports with the wrong or inaccurate information to suspect they’ve been victims of identity theft. In most cases, however, wrong information on a credit report means that the reporting agency did something wrong – not that the person’s identity was stolen. Credit reporting agencies are said to use loose matching requirements. In fact, the FTC says that credit reporting agencies “do not rely exclusively on SSNs [Social Security numbers] in their matching procedures.”
Problem #2: The credit report says the person is dead. Credit reporting agencies rely on the “Master Death Index,” which is available through the Social Security Administration. In some cases, the index will report errors (e.g., saying someone is deceased when they’re not) that are later corrected. If credit reporting agencies don’t update the indexes they have on file, however, their credit reports can end up showing that someone is dead when they’re not.
Problem #3: A bank or debt collector is pulling reports on closed accounts. In most cases, you don’t need to give permission for a company to run your credit report if you initiate a transaction that’s financially based. This includes opening a credit card.
If you’ve ended your relationship with the company and they’re still pulling your credit report, however, you may be able to sue.
We’ve received reports of banks and debt collectors ordering reports on accounts that were closed or went into bankruptcy. We believe this practice to be illegal.
Problem #4: The credit report contained something that it shouldn’t have. A federal law known as the Fair Credit Reporting Act says that background check companies (including tenant screening companies) cannot print information about bankruptcies that are older than 10 years. They’re also prohibited from reporting debts that were discharged in bankruptcies.
All of these issues can lead to a person being denied for a mortgage, job or apartment.
Who Can I Sue for Credit Reporting Errors?
If you had a problem with your credit report, you may be able to sue:
- Credit reporting agencies like Experian, Equifax and Transunion
- Tenant screening companies
- Banks
- Debt collectors
If your lawsuit is successful, you may be able to receive up to $1,000, as well as your attorneys’ fees and costs.
Have These Lawsuits Been Successful?
Yes. Here are some of the results from the past several years:
$45 million settlement against Experian, Trans Union and Equifax for allegedly failing to accurately report debts discharged in bankruptcy for a group of nearly 750,000 people
$8.75 million settlement for a group of former JPMorgan Chase customers who claimed the bank pulled their credit reports even after they ended their relationship with the bank
$8 million settlement against Experian for allegedly disclosing consumers’ credit checks to a debt collector in violation of the FCRA
It's important to note, however, that results cannot be guaranteed and that the above are just examples of past settlements achieved in FCRA lawsuits.
How You Can Learn More About Credit Reporting Lawsuits
If you’ve experienced problems with your credit report, get in touch with ClassAction.org today by filling out the form on this page. One of the attorneys we work with may then contact you directly. He or she can explain why you may be owed money for your credit report errors and the steps involved in filing a lawsuit. It doesn’t cost anything to talk to these lawyers. Plus, you’re not obligated to take legal action – even if the attorney thinks you have a valid case.
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