Fair Credit Reporting Litigation & Credit Report Disputes

Credit Report errors can cause a great deal of harm.  While the initial dispute is best done by you, we can come in after if an error will not be fixed or if a loan is being held hostage by a creditor with incorrect data.  We handle suits under the FCRA, RCW 19.182, and other relevant statutes.  Call today to see how we can help.

Fair Credit Reporting Act (FCRA) & Credit Dispute Issues

The Fair Credit Reporting Act (FCRA) codified as 15 U.S.C 1681 was designed to regulate what information can be listed on your credit report.  This information is referred to as a tradeline.  We can help you dispute inaccurate tradelines with the credit bureaus (TransUnion, Experian, and Equifax).  This all starts with a dispute letter and evidence to prove that the tradeline is inaccurate.  If the credit bureaus refuse to remove the inaccurate information, you may be entitled to damages, costs, and attorney fees.

Generally, we do not handle the initial dispute as it is not cost effective for you to hire us for that service.  Rather, all it takes is a free dispute letter, a little bit of time, and some postage.  If you have followed the proper procedures and supplied relevant evidence to show the dispute is incorrect and the creditor will not correct it, call us to see if filing a suit for damages is appropriate.

We do handle credit disputes on the eve of home purchases where creditors pop out of the woodwork with false claims and demand full payment.  If the debt cannot be settled we are able to sue after the sale or if the sale fails if the debt was improper to collect.

 

Free Credit Dispute Forms & Instructions

The Federal Trade Commission (FTC) provides free forms and instructions on how to dispute credit report errors.  We recommend the FTC forms because not only are they easy to use but it does not give away that you might, intend to, or have lawyered up.  There are advantages in being generic in your approach and using a common, standard form.

Link to FTC Credit Dispute Form

Link to FTC Credit Dispute Instructions

 

Credit Furnisher Liability under FACTA, FCRA, & RCW 19.182

Creditors themselves reporting information they know to be inaccurate may be liable under the FCRA (Fair Credit Reporting Act) and FACTA (Fair and Accurate Credit Reporting Act).  Additionally, liability for violation of Washington State Law RCW 19.182 (Washington Fair Credit Reporting Act) may apply.  Violations of any of these law typically allow for damages and attorney fees.

 

Common FCRA Violations

 

Common RCW 19.182 Violations

 

Has a Credit Repair Firm Charged you Before Completing their Service?

Under the Credit Repair Organizations Act (CROA), you may not be charged for credit repair services prior to the work being completed.  CROA also prohibits false, misleading, deceptive, and other unfair conduct by credit repair organizations.

 

Litigation under the FCRA

We offer contingency, hourly, and flat-fee options depending upon the specifics of your case and your legal goals.  If you prefer to represent yourself and you can also retain us ala carte for advice, drafting of documents, or trial preparation.  If at any time you feel like you are in over your head, we can jump in and take over the case.  Call us today to see how we can help.