FAQ

Aggressive Representation for Clients Nationwide

  • Errors/Inaccuracies on Your Background Check

    • What Causes False Information to Appear on a Background Check?
      Typically, inaccurate information on a background check appears after you have applied for housing, a job, or even a security clearance. When this happens, the false information likely caused you to lose that opportunity, whether it was for rental housing, employment, or any other number of reasons. Errors on your background check are usually the result of a mixed file, whereby the company that prepared the background check likely mixed you up with someone else with the same or a similar name. This could result in a situation where something like their eviction or even criminal charges appear falsely on your background check.
    • How Do I Correct A Mistake on my Background Check and Clear My Name?
      This process typically begins with doing a dispute to the company that prepared the background check. First, ask for a copy of the background check so that you can see what specifically is being falsely reported. Next, you should contact the background check preparer to file a formal dispute. Typically, the address or phone number to contact them is contained within the report itself. At The Consumer Lawyers, we recommend doing a written dispute that contains supporting documents that support your position, and to send the dispute by certified mail. You should also make sure to maintain a copy for your records.
    • What Can I Do if I was Denied a Job or Housing Because of an Inaccurate Background Check?
      Under federal law, you have a right to sue if false information contained in your background check caused you to be denied a job, housing, a security clearance, or anything else. The Fair Credit Reporting Act gives you the right to sue to not only clear your name, but to seek compensation for the loss of opportunity you suffered. Most Fair Credit Reporting Act (FCRA) lawyers work on a contingency fee basis, meaning you pay no fees or costs up front, but rather a percentage of the total recovery if you win your case.

  • Errors/Inaccuracies on Your Credit Report

    • What Will The Results of the Credit Reporting Agency Investigation Look Like?
      In many instances, the bureaus will have been able to identify that the information they are reporting is false and they will send you back notice that the false information they were reporting has been DELETED. If that happens, congratulations! Your issue has been resolved.  In other instances, they may come back asking you for more information if you did not provide a detailed enough explanation. In this instance you should provide a follow up dispute containing more information. Lastly, in some instances the inaccurate information has been VERIFIED by the credit bureaus and furnisher. This means that despite conducting an investigation into your dispute, the furnisher and credit reporting agencies have determined that the information they are reporting is accurate and should stay on your credit file.
    • What Causes Errors/Inaccuracies on My Credit Report?
      Mistakes on your credit report could be the result of multiple issues, including identity theft whereby someone used your personal information to obtain credit; a “mixed” credit file where someone else’s information is inadvertently put into your report; or a status error where a financial institution or credit bureau (credit reporting agency) has reported false information about the status of your account.
    • How Do I Correct Errors/Mistakes on My Credit Report?

      An important first step in the process of correcting inaccuracies on your credit reports is to identify which credit report(s) the errors appear on. A good starting place is to go to www.annualcreditreport.com to obtain copies of your Equifax, Experian, and TransUnion credit reports. This service is mandated by federal law and does not cost you anything or harm your credit score. Rather, it allows you to download and save copies of your reports so you can identify what is being reported to each of the bureaus (credit reporting agencies).

      Next, you will want to file a dispute with each credit reporting agency that is reporting false information about you. So, for example, if the inaccurate information appears on all three of your credit reports (Equifax, Experian, and TransUnion) you will want to file a dispute with each one of those entities individually. These disputes can be done online by visiting their respective websites (www.equifax.com, www.experian.com, www.transunion.com), by phone by calling their respective hotline numbers (Trans Union: 800-916-8800, Experian: 888-397-3742, Equifax: 888-378-4329), or by sending written disputes to the following locations (Trans Union: P.O. Box 2000, Chester, PA 19016, Experian: P.O. Box 4500, Allen, TX 75013, Equifax: P.O. Box 740256, Atlanta, GA 30374-0256).

      No matter how you choose to dispute the inaccurate information on your credit report, it is imperative that you provide the credit reporting agencies with all of the information they need to conduct a reasonable investigation. For example, if you believe you are the victim of identity theft, you must include a police report or identity theft affidavit (you can prepare one online at IdentityTheft.gov which is a government website that allows you to complete and save a sworn to affidavit to be included with your dispute.) Disputing to the credit agencies is the only way to hold the companies committing the errors responsible under federal law.

      At The Consumer Lawyers, we recommend sending the disputes by certified mail so that you can track them and making sure to maintain copies of what you send to the credit reporting agencies so that you have proof of what they received from you.

      Upon receipt of your disputes, the credit reporting agencies are required by federal law to conduct a reasonable investigation into your dispute. This typically consists of them contacting the “furnisher” or underlying financial institution, to verify certain key pieces of information about you. Thereafter, the credit reporting agencies and furnisher are all required to send you a notice regarding the results of the investigation.

    • What Do I Do If the False Information on my Credit Report is VERIFIED by a Furnisher or Credit Bureau?

      If the inaccurate information on your credit report is verified following your dispute, you may want to consider hiring a lawyer to file a lawsuit in order to request a Court to force the credit bureaus and furnishers to correct the inaccurate information and compensate you for their mistakes and your damages, meaning the way the false reporting has harmed you. This could include things as simple as your waste of time or emotional distress, or as major as denials of credit or increased interest rates.

      First, it is important to know that federal law protects you from inaccurate information on your credit report. The Fair Credit Reporting Act allows you to sue the credit bureaus or a furnisher of information (bank, financial institution, debt collector, etc.) in certain instances. A lawyer who handles Fair Credit Reporting Act cases can walk you through the process, which typically includes filing a federal lawsuit to not only correct the false reporting but to seek compensation for your damages, or how you were harmed.

      Most Fair Credit Reporting Act (FCRA) lawyers work on a contingency fee basis, meaning you pay no fees or costs up front, but rather a percentage of the total recovery if you win your case.

  • Someone Else’s Information on Your Credit Report (Mixed Credit Files)

    • Why Is Someone Else’s Information on my Credit Report?
      Typically, if your credit report contains someone else’s accounts (a family member or someone with a similar name as you, for example) it is because the credit reporting agencies or a furnisher of information (bank, financial institution, debt collector, etc.) has mixed you up with that other individual and merged your credit file(s) together. Many times, individuals with the same or similar names are victims of mixed files. This is also seen frequently amongst family members who use Sr., Jr., III, etc.
    • What Do I Do if I am the Victim of a Mixed Credit File?

      For starters, identify which credit report(s) contain a mixed file. A good starting place is to go to www.annualcreditreport.com to obtain copies of your Equifax, Experian, and TransUnion credit reports. This service is mandated by federal law and does not cost you anything or harm your credit score. Rather, it allows you to download and save copies of your reports so you can identify what is being reported to each of the bureaus (credit reporting agencies.)

      Next, you will want to file a dispute with each credit reporting agency that is reporting mixed information. So, for example, if all three of your credit reports (Equifax, Experian, and TransUnion) have you mixed with someone else, you will want to file a dispute with each one of those entities individually. These disputes can be done online by visiting their respective websites (www.equifax.com, www.experian.com, www.transunion.com), by phone by calling their respective hotline numbers (Trans Union: 800-916-8800, Experian: 888-397-3742, Equifax: 888-378-4329), or by sending written disputes to the following locations (Trans Union: P.O. Box 2000, Chester, PA 19016, Experian: P.O. Box 4500, Allen, TX 75013, Equifax: P.O. Box 740256, Atlanta, GA 30374-0256).

      No matter how you choose to dispute the inaccurate information on your credit report, it is imperative that you provide the credit reporting agencies with all of the information they need to conduct a reasonable investigation. For example, you may want to include a copy of your driver’s license and social security card showing you are “Person A” and not “Person B”. You may also want to get a statement from the other person if you know them to include. Really the more information you can give that supports who you are, the better.

      At The Consumer Lawyers, we recommend sending the disputes by certified mail so that you can track them and making sure to maintain copies of what you send to the credit reporting agencies so that you have proof of what they received from you.

      You also will have the option to bring a lawsuit under federal law against the bureau and furnisher if you are being mixed with another individual. The Fair Credit Reporting Act gives you the right to sue to not only clear your name and prove that the other person’s information does not belong to you, but also to seek compensation for the damages you have suffered as a result of having a mixed credit file. Most Fair Credit Reporting Act (FCRA) lawyers work on a contingency fee basis, meaning you pay no fees or costs up front, but rather a percentage of the total recovery if you win your case.

  • Deceased Notation on Your Credit Report

    • Why Does My Credit Report Say That I am Deceased?
      Typically, if your credit report says you are deceased, it is because the credit reporting agency or a furnisher (bank, financial institution, debt collector, etc.) has inaccurately mixed you up with someone with the same or a similar name who actually has passed away. A deceased notation on your credit report will likely cause credit denials and a credit score of zero.
    • What Do I Do if my Credit Report Says I am Deceased?

      First, identify which credit report(s) the errors appear on. A good starting place is to go to www.annualcreditreport.com to obtain copies of your Equifax, Experian, and TransUnion credit reports. This service is mandated by federal law and does not cost you anything or harm your credit score. Rather, it allows you to download and save copies of your reports so you can identify what is being reported to each of the bureaus (credit reporting agencies.)

      Next, you will want to file a dispute with each credit reporting agency that is reporting that you are deceased. So, for example, if all three of your credit reports (Equifax, Experian, and TransUnion) say you are deceased you will want to file a dispute with each one of those entities individually. These disputes can be done online by visiting their respective websites (www.equifax.com, www.experian.com, www.transunion.com) , by phone by calling their respective hotline numbers (Trans Union: 800-916-8800, Experian: 888-397-3742, Equifax: 888-378-4329), or by sending written disputes to the following locations (Trans Union: P.O. Box 2000, Chester, PA 19016, Experian: P.O. Box 4500, Allen, TX 75013, Equifax: P.O. Box 740256, Atlanta, GA 30374-0256).

      No matter how you choose to dispute the inaccurate information on your credit report, it is imperative that you provide the credit reporting agencies with all of the information they need to conduct a reasonable investigation. For example, you may want to include a copy of your driver’s license along with a photo of you holding up a recent newspaper, proving that you are alive as of the date of publication of that paper. Another thing you might include would be a copy of a recent billing statement showing that you recently made a payment on an account. Really anything you can provide to the bureau(s) to show that you are still living today will be helpful in proving that the information contained on your credit report is false, and that you are in fact actually alive.

      At The Consumer Lawyers, we recommend sending the disputes by certified mail so that you can track them, and making sure to maintain copies of what you send to the credit reporting agencies so that you have proof of what they received from you.

      You also will have the option to bring a lawsuit under federal law against the bureau and furnisher if you are being reported as deceased. The Fair Credit Reporting Act gives you the right to sue to not only clear your name and prove that you are alive, but also to seek compensation for the damages you have suffered as a result of being reported as deceased. Most Fair Credit Reporting Act (FCRA) lawyers work on a contingency fee basis, meaning you pay no fees or costs up front, but rather a percentage of the total recovery if you win your case.

      A deceased notation on your credit report can appear in one of two places. It can either appear at the top portion of your credit report where the demographic information is present, or it can appear on an individual trade line, typically following the “responsibility field.”

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