Atlanta Credit Report & Identity Theft Attorney
Credit Report & Identity Theft Lawyer Serving Atlanta and All of Georgia
Nearly everyone in the United States has an Experian, Trans Union, and Equifax credit report. From the local grocery store owner to the Uber driver to the C-suite executive to the third-grade teacher, Experian, Trans Union, and Equifax provide reports containing personal information to creditors and other companies. Sometimes things go wrong regarding your information or your identity. If you find yourself a victim, reach out to an Atlanta Credit Reports & Identity Theft Attorney at Tobin Injury Law.
What is a Credit Report?
Most commonly, a credit report is a written document that contains information about an individual’s creditworthiness, credit standing, credit standing, character, or reputation that is used to determine an individual’s eligibility for credit, insurance, or employment. Experian, Trans Union, and Equifax are the three consumer reporting agencies most commonly providing credit reports for credit, insurance, and employment. It is easy and free to obtain copies of your credit reports. The website www.annualcreditreport.com allows individuals to obtain free copies of each of their credit reports.
What Law Covers Credit Reports?
The Fair Credit Reporting Act (the FCRA) is the federal law that covers credit reports. It also applies to employment background reports, tenant screening reports, and other types of consumer reports. Several states have laws similar to the FCRA, but the FCRA applies to every individual in the United States, regardless of their state of residence.
The two main sections of the FCRA for credit reports are Sections 1681e(b) and 1681i. Under 1681e(b), Experian, Equifax, Trans Union, and other consumer reporting agencies must maintain reasonable procedures to assure maximum accuracy of the information they report in their credit reports. In everyday English, this means that these consumer reporting agencies must report accurate information. When they fail to do so, and their failure causes damage (such as a denied loan or an increased mortgage interest rate), then they may have violated the FCRA.
BOTTOM LINE: IF EXPERIAN, TRANS UNION, OR EQUIFAX GIVE INACCURATE INFORMATION ABOUT YOU TO A CREDITOR IN A CREDIT REPORT, THEY MAY HAVE VIOLATED THE LAW AND YOU MAY HAVE A CASE AGAINST THAT AGENCY.
Similarly, Section 1681i addresses the process consumer reporting agencies must use when an individual disputes erroneous information on their credit report. Under Section 1681i, Experian, Trans Union, Equifax, and other consumer reporting agencies must, in most cases, conduct a reasonable reinvestigation if an individual files a dispute. Reasonable reinvestigations can include many different things, but most commonly, consumer reporting agencies will contact the creditor to determine whether the disputed information is accurate. If the consumer reporting agency cannot verify the information as accurate, then it must remove the information from the credit report and inform you of the dispute results.
BOTTOM LINE: IF EXPERIAN, TRANS UNION, OR EQUIFAX DO NOT REMOVE INACCURATE INFORMATION ABOUT YOU FROM YOUR CREDIT REPORT, THEY MAY HAVE VIOLATED THE LAW AND YOU MAY HAVE A CASE AGAINST THAT AGENCY. YOU MAY ALSO HAVE A CASE AGAINST THE CREDITOR WHO PROVIDED THE INACCURATE INFORMATION TO EXPERIAN, TRANS UNION, OR EQUIFAX.
There are many other requirements under the Fair Credit Reporting Act, but Sections 1681e(b) and (i) are two of the main ones.
What Can I Do About a Violation of My Rights?
Oftentimes, credit reports contain inaccurate information. Sometimes they contain debts that belong to someone else. Sometimes they show credit accounts with inaccurate information like the amounts owed, dates of first delinquency, and payment history. Sometimes they show that an individual has been the victim of identity theft because the credit reports contain false information that is attributed to the individual. Additionally, sometimes consumer reporting agencies fail to properly reinvestigate a dispute.
When credit reports contain inaccurate information and when a consumer reporting agency fails to reinvestigate as is required, you have rights and you may be able to recover damages if the consumer reporting agency has caused you harm. It is useful to reach out to an attorney who handles FCRA matters in these situations. To determine whether there are violations, an FCRA attorney is going to want to see copies of your credit reports, copies of any disputes you have filed with any of the consumer reporting agencies, any communications you’ve had with the creditors at issue, and any evidence of the damages you’ve suffered, including denials of loans, increased interest rates, and the like.
Since the FCRA provides for attorneys’ fees to be paid by the consumer reporting agencies in a successful action, many FCRA attorneys provide free consultations and represent clients without requiring the client to pay anything. Our Atlanta Personal Injury Lawyer works with other leading lawyers licensed across the country to assist with this type of claim. It can be damaging to your financial reputation and put you in a precarious monetary situation.
Reach Out to a Credit Reports & Identity Theft Claims Attorney Today
Claims for identity theft and damaging credit card reporting can be confusing. Don’t feel you have to navigate it alone. For experienced help feel free to reach out to our experienced legal professionals. Contact us or apply here to get started.