When to Hire a Lawyer to Deal with a Credit Report Problem

AuthorDaniel A Edelman
ProfessionLawyer
Pages99-102
99
When to Hire a Lawyer
toDeal with a Credit
Report Problem
CHAPTER
21
If you think your legal rights have been violated by (a) a consumer reporting agency, (b) a person
furnishing information to a consumer reporting agency, or (c) a person using information from a
consumer reporting agency (including an employer), you should seek the advice of an attorney. In some
cases, but not always, a consumer reporting agency or other person who has violated the Fair Credit
Reporting Act (FCRA) must pay damages and your attorney’s fee. You generally have two years in
which to bring suit.
There are two principal obligations imposed by the FCRA in cases of inaccurate information. First,
the bureaus are required to “follow reasonable procedures to assure maximum possible accuracy of the
information concerning the individual about whom the report relates” (emphasis added) (15 U.S.C.
§1681e(b)). This section is most appropriate for situations that are clearly the credit bureau’s fault—such
as a mixed-file case or the misreporting of public record information. The algorithms used to “match”
files may not satisfy this standard.
Under another section of the FCRA, there is an obligation to conduct a reasonable investigation if you
dispute an item; 15 U.S.C. §1681i, “Procedure in case of disputed accuracy, states:
a. Reinvestigations of disputed information.
1. Reinvestigation required.
A. In general. If the completeness or accuracy of any item of information contained in a
consumer’s file at a consumer reporting agency is disputed by the consumer and the
Edelman53574_Ch021.indd 99 22/05/17 10:31 AM

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