FCRA Deposition Preparation Guide

The Fair Credit Reporting Act (FCRA) protects consumers from inaccurate credit reporting and ensures credit bureaus and furnishers investigate disputes properly.

In an FCRA case, your deposition is a key opportunity for the defense to question you about your dispute history, damages, and any prior credit issues.

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1. Purpose of the Deposition

• Learn your story and timeline.

• Test your memory and credibility.

• Find inconsistencies between your answers, documents, and prior statements.

• Downplay the impact of the inaccurate credit reporting.

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2. Key Rules to Remember

1. Tell the Truth – You are under oath; even small inaccuracies can hurt your case.

2. Answer Only the Question Asked – Don’t volunteer extra details.

3. Don’t Guess – If unsure, say “I don’t recall” or “I’d have to review the records.”

4. Pause Before Answering – Gives you time to think and lets your attorney object if needed.

5. Stay Calm and Professional – Don’t get defensive, even if questions feel accusatory.

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3. Review Your Case Facts

Before your deposition, go over:

• The Error – What was reported incorrectly (late payment, wrong account, balance error, identity theft, etc.).

• Discovery of the Error – When and how you found out.

• Dispute Actions – When and how you disputed it with the credit bureaus and/or furnisher.

• Responses – What the credit bureau or furnisher said/did in response.

• Impact – Rejected applications, higher interest rates, emotional distress, embarrassment.

• Documents – Credit reports, dispute letters, responses, denial letters, financial records.

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4. Common FCRA Deposition Questions

Background:

• Name, address, and employment history.

• Whether you have applied for credit in the past few years.

About the Error:

• What exactly was wrong in your credit report?

• How did you first learn of the error?

• Do you have copies of the incorrect reports?

Dispute Process:

• Did you send dispute letters to the credit bureau?

• Did you also dispute directly with the creditor/furnisher?

• Did you include supporting documentation?

Impact/Damages:

• Were you denied credit? If so, by whom and when?

• Did you pay higher interest rates because of the error?

• How did the error affect your life (stress, embarrassment, lost opportunities)?

• Did you seek medical treatment due to stress or anxiety?

Prior Credit Issues:

• Have you had other negative credit items unrelated to this error?

• Have you ever declared bankruptcy?

• They may use this to argue your damages came from other issues.

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5. Strengthen Your Testimony

• Know Your Timeline – Be consistent with dates across answers.

• Organize Your Evidence – Keep copies of disputes, responses, and reports.

• Be Specific About Harm – “I was denied a mortgage on June 15, 2024” is stronger than “It hurt my credit.”

• Acknowledge Limits – If you don’t know exact details, say so confidently.

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6. What NOT to Do

• Don’t exaggerate the number of disputes or denials — they’ll fact-check.

• Don’t speculate about the bureau’s internal process unless you have firsthand knowledge.

• Don’t bring up unrelated credit problems unless asked directly.

• Don’t argue with the attorney — stick to calm, factual answers.

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7. After the Deposition

• You may have a chance to review the transcript.

• Work with your attorney to correct errors or clarify statements if needed.

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FCRA Deposition “Hot Seat” Practice Q&A

The defense will focus on:

• Consent – Did you authorize the reporting?

• Accuracy – Can you prove it’s wrong?

• Dispute Process – Did you follow the proper channels?

• Damages – Can you link your harm directly to their error?

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1. Identifying Information

Q: Please state your full name, address, and date of birth.
Trap: Basic ID question but used to confirm credit file ownership.
Tip: Answer directly; don’t add unnecessary personal details.

Q: Have you used any other names or addresses in the past 10 years?
Trap: Expands the scope so they can attribute other credit issues to you.
Tip: Only list names/addresses you actually used for credit or legal purposes.

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2. About the Error

Q: What specifically is wrong with your credit report?
Trap: They want vague or inconsistent answers they can pick apart later.
Tip: State it clearly and concisely — “The report showed a 90-day late payment in March 2023 on account ending in 1234, which is incorrect.”

Q: How do you know it’s inaccurate?
Trap: They may try to show it’s just your opinion.
Tip: Reference your evidence — payment receipts, letters, account statements.

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3. Discovery of the Error

Q: When did you first see the incorrect information?
Trap: They’ll use your timeline to argue you waited too long to dispute.
Tip: Give the date as best you recall, and if uncertain, say “to the best of my recollection.”

Q: How often do you check your credit report?
Trap: If rarely, they’ll argue you didn’t take reasonable care.
Tip: Be truthful; the law doesn’t require constant monitoring.

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4. Dispute Process

Q: Did you send a dispute to the credit bureau?
Trap: If no, they’ll argue you didn’t follow FCRA procedure.
Tip: If yes, mention date(s) and method — “I mailed a certified letter to Experian on May 10, 2024.”

Q: Did you include supporting documents?
Trap: They want to argue you didn’t give them enough to investigate.
Tip: List what you sent — copies of payment confirmations, correspondence, etc.

Q: Did you dispute directly with the creditor/furnisher?
Trap: They may say you failed to notify both parties.
Tip: State exactly who you contacted and when.

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5. Impact & Damages

Q: Were you denied credit because of this error?
Trap: They’ll demand proof of causation.
Tip: Reference actual denial letters or lender statements.

Q: What interest rate did you get on your last loan?
Trap: They may argue the rate wasn’t affected.
Tip: If you believe it was higher due to the error, explain why.

Q: How did this error affect you personally?
Trap: They may try to minimize your emotional distress.
Tip: Be specific — stress, embarrassment, inability to secure housing, etc.

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6. Prior Credit Issues

Q: Have you had other negative credit items in the last 5 years?
Trap: They’ll argue your damages come from other negatives.
Tip: Answer truthfully but don’t volunteer details beyond the question.

Q: Have you ever declared bankruptcy?
Trap: They’ll use it to blame your credit problems on unrelated events.
Tip: Answer briefly; “Yes, in 2018” is enough.

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7. Other Legal Actions

Q: Have you ever sued a credit bureau or creditor before?
Trap: They’ll try to label you a “serial litigant.”
Tip: Answer truthfully but keep it short — no unnecessary background.

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Practice Tips for Clients

• Stick to Your Evidence – Facts beat opinions.

• Control Your Pace – Don’t let them rush you into mistakes.

• Don’t Overstate – Precision makes you credible; exaggeration makes you vulnerable.

• Stay Calm Under Aggression – The lawyer’s tone is a tactic, not a truth.

📄 Pro Tip: In FCRA cases, the most dangerous traps are vague answers about the error, fuzzy dispute timelines, and weak damage descriptions.
 Practicing these scenarios before your deposition keeps your testimony tight, factual, and credible.