Fair Credit Reporting Act (FCRA)

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    What Is the Fair Credit Reporting Act (FCRA) —

    and How Can an Attorney Help You?

    Your credit report plays a major role in your financial life. It can affect your ability to buy a home, get a job, rent an apartment, or qualify for a loan. That’s why the Fair Credit Reporting Act (FCRA) exists—to ensure your credit information is accurate, private, and used fairly.

    But when credit reporting companies, creditors, or debt collectors make mistakes or violate your rights, the consequences can be serious. That’s where we come in.

    At Ginsburg Law Group, PC, we help consumers correct credit report errors, stop unfair practices, and recover damages under the FCRA.


    What Is the Fair Credit Reporting Act (FCRA)?

    The Fair Credit Reporting Act is a federal law passed in 1970 that regulates how your credit information is collected, reported, and shared. The law applies to:

    • Credit reporting agencies (like Equifax, Experian, and TransUnion)

    • Furnishers of information (like credit card companies, lenders, and debt collectors)

    • Users of credit reports (like banks, landlords, and employers)

    The FCRA gives you important rights to access, dispute, and correct your credit report—and to take legal action if your rights are violated.


    Your Key Rights Under the FCRA

    📄 The Right to Accurate Information

    You have the right to a credit report that is free of errors. This includes:

    • Correct balances and payment history

    • Accurate account statuses (e.g., not “past due” if it’s paid)

    • No duplicate or outdated accounts

    • No accounts resulting from identity theft or fraud

    🔍 The Right to Access Your Credit Report

    You’re entitled to one free credit report every year from each major credit bureau at www.annualcreditreport.com. You also have the right to see your report if you’re denied credit, employment, insurance, or housing based on it.

    ✏️ The Right to Dispute Inaccuracies

    If you find an error on your credit report, you can file a dispute with the credit bureau and the company that furnished the information. They are required to investigate and correct any mistakes—usually within 30 days.

    🕵️ The Right to Know Who Accessed Your Report

    Only authorized parties (like lenders, insurers, or employers with your permission) can access your credit file. You have a right to know who looked at your credit—and why.

    🔒 The Right to Privacy and Security

    Your credit report should only be shared with those who have a permissible purpose. It’s illegal for someone to access your credit report without a valid reason.


    Common FCRA Violations

    Even though the law is clear, mistakes and abuses happen all the time. Common FCRA violations include:

    • Reporting accounts that don’t belong to you

    • Failing to update or remove paid or settled debts

    • Mixing your file with someone else’s (especially if you have a common name)

    • Continuing to report old, negative information (most debts must be removed after 7 years)

    • Ignoring or failing to investigate a dispute

    • Employers running a background check without your written consent

    • Debt collectors reporting incorrect balances or statuses

    These errors can unfairly damage your credit score and lead to denied loans, higher interest rates, lost housing, or missed job opportunities.


    How Ginsburg Law Group, PC Can Help

    You don’t have to deal with credit reporting issues alone. At Ginsburg Law Group, PC, we represent consumers in FCRA cases and help restore accuracy, fairness, and accountability. Here’s how we assist:

    We Review Your Credit Reports for Free

    We help you obtain and review your credit reports to identify errors or violations.

    We File Disputes on Your Behalf

    We draft strong, legally sound dispute letters to credit bureaus and furnishers, and we track their responses to ensure compliance.

    We Hold Creditors and Bureaus Accountable

    If your rights under the FCRA are violated, we can file a lawsuit to seek:

    • Correction or deletion of the inaccurate item(s)

    • Compensation for financial harm and emotional distress

    • Statutory damages up to $1,000

    • Punitive damages, in some cases

    • Attorneys’ fees and costs, so you pay nothing out of pocket

    We Stop Ongoing Harassment

    If inaccurate credit reporting is being used to harass or pressure you (such as by a debt collector), we can step in to stop the abuse.


    You Deserve a Clean, Accurate Credit Report

    Errors on your credit report aren’t just frustrating—they can cause real harm. But you have rights, and the law is on your side. Whether you’ve found an error, been denied credit, or discovered that your information is being mishandled, we’re here to help.

    Is inaccurate information appearing on YOUR credit report?

    Learn more about your rights HERE.

    How a Fair Credit Reporting Act (FCRA) Case Proceeds:

    Step-by-Step Guide for Consumers

    If you’ve discovered errors on your credit report or your rights under the Fair Credit Reporting Act (FCRA) have been violated, you may be wondering: What happens next? Understanding how an FCRA case works can help you make informed decisions and take control of your credit and your future.

    At Ginsburg Law Group, PC, we help consumers fight back against inaccurate credit reporting, identity theft, and other violations of the FCRA. Here’s how an FCRA case typically proceeds—from discovery to resolution.


    🔍 Step 1: Identifying the FCRA Violation

    The first step is to recognize a potential violation of your credit rights. Common FCRA violations include:

    • Inaccurate or outdated information on your credit report

    • Mixed credit files (someone else’s accounts showing up on your report)

    • Failure to properly investigate your dispute

    • Credit checks without your permission

    • Accounts that belong to someone else due to identity theft

    • Negative items that should have been removed after 7 years

    If you notice any of these problems, you may have a valid FCRA claim.


    📝 Step 2: Obtaining and Reviewing Your Credit Reports

    Before pursuing a case, you’ll need to get your current credit reports from the three major credit bureaus—Equifax, Experian, and TransUnion. You’re entitled to one free report per year at www.AnnualCreditReport.com, or more often if you’ve recently been denied credit.

    We’ll help you review these reports for:

    • Accuracy of accounts and balances

    • Incomplete or duplicated data

    • Unauthorized inquiries

    • Signs of fraud or identity theft

    • Reporting that violates time limits under the law


    ✉️ Step 3: Filing a Formal Dispute

    Under the FCRA, you must give the credit reporting agencies and/or data furnishers (such as banks, lenders, or debt collectors) the chance to investigate and fix the error.

    We help clients draft and send detailed, legally effective dispute letters, including:

    • A clear description of the error

    • Supporting documentation (e.g., billing statements, identity theft reports)

    • A request for correction or removal

    The credit bureaus are legally required to investigate your dispute—usually within 30 days—and notify you of the results.


    ⚖️ Step 4: Monitoring the Response

    If the credit bureau or furnisher:

    • Fails to correct the inaccuracy,

    • Refuses to investigate properly, or

    • Continues reporting false or misleading information,

    they may be in violation of the FCRA, and you may now have the legal right to file a lawsuit.

    We document everything—including your dispute, the response, and any further communication. This evidence will be crucial if the case proceeds to court.


    🏛️ Step 5: Filing an FCRA Lawsuit

    If the error remains unresolved or your rights were otherwise violated, we can file a lawsuit in federal or state court under the FCRA.

    We typically sue:

    • The credit reporting agency (Experian, Equifax, TransUnion)

    • The furnisher of the incorrect information (e.g., a bank, debt collector, or lender)

    • Or both, depending on who is responsible

    The lawsuit may seek:

    • Correction or removal of the inaccurate information

    • Statutory damages (up to $1,000 for willful violations)

    • Actual damages (for denied credit, job loss, emotional distress, etc.)

    • Punitive damages, if the conduct was intentional or reckless

    • Attorneys’ fees and court costs (so you don’t pay out of pocket)


    🤝 Step 6: Settlement or Trial

    Many FCRA cases settle before trial, especially when the evidence is strong. At Ginsburg Law Group, PC, we negotiate aggressively to get:

    • Full correction of the credit report

    • A fair financial settlement for your losses

    • Relief that may include debt cancellation, deletion of accounts, or a credit cleanup

    If the case doesn’t settle, we are prepared to take the case to trial and present your evidence in front of a judge or jury.


    🧾 Step 7: Post-Case Monitoring

    After the case is resolved, we continue to:

    • Ensure the credit bureaus comply with court orders

    • Monitor your credit reports for continued accuracy

    • Advise you on steps to protect and rebuild your credit


    👩‍⚖️ How Ginsburg Law Group, PC Helps You Every Step of the Way

    When you hire us, we handle everything—so you don’t have to take on the credit bureaus alone.

    We provide:

    Personalized legal advice tailored to your situation
    Experienced negotiation and litigation under the FCRA
    Thorough investigation and document review
    No upfront fees—we pursue compensation from the violators, not you


    ⚠️ Don’t Let Credit Reporting Errors Ruin Your Financial Life

    FCRA violations can impact your ability to buy a home, get a job, or secure a loan. But you have rights—and we’re here to enforce them.

    If you believe your credit report is inaccurate, incomplete, or being misused, take action today.

    CREDIT BUREAU CONTACT INFORMATION

    EQUIFAX
    Online: equifax.com/personal/credit-reportservices/credit-dispute/
    By phone: Phone number provided on credit report or (800) 864-2978
    By Mail: Equifax Information Services LLC, P.O. Box 740256, Atlanta, GA 30374

    EXPERIAN
    Online: experian.com/disputes/main.html
    By phone: Phone number provided on credit report or (888) 397-3742
    By Mail: Experian, P.O. Box 4500, Allen, TX 75013

    TRANSUNION
    Online: transunion.com/personal-credit/creditdisputes-alerts-freezes.page
    By phone: (800) 916-8800
    By Mail: TransUnion LLC, Consumer Dispute Center, P.O. Box 2000, Chester, PA 19016

    FCRA TEAM

    AMY GINSBURG – aginsburg@ginsburglawgroup.com

    JESSICA STEPANUKHA – jstepanukha@ginsburglawgroup.com

    ANN CANTOR – acantor@ginsburglawgroup.com

    MARC ACACIO – macacio@ginsburglawgroup.com