Kevin L. Hernandez, Esq.
Attorney at Law
Practice Areas
Illegal Credit Reporting
Illegal Debt Collection and Debt Defense
Fair Credit Reporting Act (FCRA) – Protecting Consumers Against Inaccurate Credit Reporting
Your credit report is a critical part of your financial life, influencing everything from loan approvals to employment opportunities. The FCRA is a federal law designed to promote the accuracy, fairness, and privacy of your consumer credit information.
Under the FCRA, you are entitled to an accurate and fair credit report. If errors or fraudulent information appear on your credit report, or if you’re being harmed by a credit reporting agency’s failure to investigate disputes, you have legal rights to correct these issues and seek compensation.
At the Law Office of Kevin L. Hernandez, we represent consumers to protect their rights under the FCRA. If you’ve been a victim of inaccurate or incomplete information on your credit report or if your credit file is being mishandled, we are here to help you get the justice you deserve.
Common Credit Reporting Errors
Inaccurate or Fraudulent Information on Credit Reports
Credit reports may contain fraudulent information related to identity theft or incorrect or outdated information, such as errors in payment history, account balances, or account statuses.
Failure to Investigate Disputes
Credit reporting agencies or furnishers (companies providing credit data) may fail to properly investigate disputes or correct errors after being notified by consumers.
Mixed or Merged Credit Files
Credit files may be merged with those of another person, often with similar names or Social Security numbers, resulting in inaccurate credit information being reported.
Reporting Old or Expired Debts
Credit bureaus might include debts that are beyond the statute of limitations for reporting, violating FCRA’s “seven-year rule.”
Unauthorized Access
Unauthorized inquiries or access to a consumer’s credit report without a permissible purpose can lead to FCRA claims.
Failure to Notify Consumers
When adverse actions (e.g., denied credit) are taken based on a credit report, creditors may fail to provide required notices, including the name of the credit reporting agency involved.
Inaccurate Public Record Reporting
Errors in reporting public records, such as bankruptcies, arrests or convictions, or judgments, can lead to serious consumer harm and subsequent claims.
These errors can cause financial and reputational harm to consumers, prompting legal action under the FCRA.
What We Can Do for You
Identifying Inaccurate Information
We will assist you in identifying errors on your credit report, including outdated accounts, incorrect balances, or fraudulent entries.
Investigate Violations
If credit reporting agencies or creditors fail to follow proper procedures when reporting or correcting inaccurate information, we can help you hold them accountable for their actions.
File Lawsuits
If your rights under the FCRA have been violated, we can help you file and pursue legal action for damages.
Protect Against Identity Theft
If you’ve been a victim of identity theft, we can help you navigate the complex process of removing fraudulent accounts and restoring your name.
Damages Available under the FCRA
If a credit reporting agency or creditor violates the FCRA, consumers have legal rights to seek damages and remedies. These may include:
- Actual Damages: Compensation for actual losses suffered due to incorrect information, such as being denied credit or receiving higher interest rates.
- Statutory Damages: Consumers can receive damages ranging from $100 to $1,000 per violation.
- Punitive Damages: In cases of willful non-compliance or malicious conduct by the credit reporting agency, punitive damages may be awarded.
- Attorney’s Fees and Costs: If a consumer successfully sues under the FCRA, they may be entitled to have their attorney’s fees and court costs covered by the creditor or credit bureau.
Why You Need Legal Representation
Credit reporting agencies and lenders are required by law to provide accurate and up-to-date information. When they fail to do so, it can have significant negative impacts on your financial standing and overall well-being. Without proper legal representation, correcting these issues can be time-consuming and complex.
Our firm has a deep understanding of the FCRA and will advocate for you to ensure that your credit reports are corrected and your rights are protected. If you’ve been harmed by a credit reporting agency’s or creditor’s failure to comply with the law, we are ready to fight for you.
Contact us today for a free consultation to learn how we can help you resolve your credit reporting issues and restore your financial health under the FCRA.
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