Credit Report Error Demand Letters FCRA
Your credit report affects your ability to get loans, rent apartments, get insurance, and even land jobs. When it contains errors, the Fair Credit Reporting Act (FCRA) gives you the right to demand corrections.
15 U.S.C. § 1681 et seq. regulates how credit reporting agencies (CRAs) and data furnishers handle your credit information.
The three major credit bureaus:
- Equifax
- Experian
- TransUnion
When you dispute an item with a credit bureau, the law requires:
- Reasonable reinvestigation within 30 days: The bureau must investigate your dispute (§ 1681i(a)(1))
- Forward dispute to furnisher: The bureau must notify the data furnisher (the bank, creditor, or collector who reported the info) within 5 business days (§ 1681i(a)(2))
- Delete or modify if inaccurate: If the investigation reveals the information is inaccurate or cannot be verified, the bureau must delete or correct it (§ 1681i(a)(5))
- Notify you of results: The bureau must send you written results of the investigation (§ 1681i(a)(6))
- Notify furnisher of deletion: If data is deleted or modified, the bureau must notify the furnisher (§ 1681i(a)(5)(B))
Data furnishers (banks, creditors, collectors, landlords) have obligations too:
| Furnisher Duty | FCRA Citation | What It Means |
|---|---|---|
| Accuracy requirement | § 1681s-2(a)(1) | Furnishers cannot provide information they know or have reasonable cause to believe is inaccurate |
| Investigation after bureau notice | § 1681s-2(b) | After receiving notice of dispute from a CRA, furnishers must investigate and report results back to the CRA |
| Direct dispute duty | § 1681s-2(a)(8) | Furnishers must investigate disputes sent directly by consumers (with some exceptions) |
| Duty to correct and update | § 1681s-2(a)(2) | If furnisher determines data is incomplete or inaccurate, must promptly notify all CRAs to correct it |
| Identity theft blocking | § 1681s-2(a)(6) | Must not report information resulting from identity theft after receiving proper notice |
The FCRA limits how long negative information can remain on your credit report:
- Most negative items: 7 years from the date of first delinquency (§ 1681c(a)(4))
- Bankruptcies: 10 years from the date of filing (§ 1681c(a)(1))
- Tax liens: 7 years from the date paid (§ 1681c(a)(2))
- Judgments: 7 years from the date of entry or until the statute of limitations expires, whichever is longer (§ 1681c(a)(2))
- Accounts in good standing: Can be reported indefinitely
If a credit bureau or furnisher violates the FCRA, you can sue for:
| Type of Damages | Willful Violations | Negligent Violations |
|---|---|---|
| Actual damages | Yes (§ 1681n(a)(1)(A)) | Yes (§ 1681o(a)(1)) |
| Statutory damages | $100–$1,000 per violation | No statutory damages |
| Punitive damages | Yes (if willful) | No |
| Attorney fees & costs | Yes (§ 1681n(a)(3)) | Yes (§ 1681o(a)(2)) |
FCRA claims must be filed within:
- 2 years from the date you discover the violation, OR
- 5 years from the date the violation occurred
- Whichever comes first (§ 1681p)
Credit report errors range from minor (misspelled name) to catastrophic (accounts that aren’t yours, discharged debts shown as unpaid). Here are the most common types and how they hurt you.
What it is: Your credit report contains information belonging to someone else with a similar name, SSN, or address.
Examples:
- Accounts opened by John Smith Sr. appear on John Smith Jr.’s report
- Debts from someone with a similar SSN (off by one digit) are merged with your file
- Information from a person with the same name but different DOB or SSN
Impact: Can drastically lower your credit score and cause loan denials, especially if the mixed-in accounts are delinquent or charged-off.
| Error Type | Common Cause | How to Dispute |
|---|---|---|
| Identity theft | Fraudulent account opened using your stolen identity | File FTC Identity Theft Report + police report; invoke FCRA § 1681c-2 blocking rights |
| Authorized user confusion | You were added as authorized user on someone else’s account, or vice versa, and it’s reported incorrectly | Dispute and provide documentation showing you were not the account holder |
| Duplicate tradelines | Same debt reported multiple times (by original creditor, collection agency, and debt buyer) | Dispute duplicates; demand deletion of all but one accurate listing |
Examples:
- Discharged bankruptcy debts: Debts discharged in Chapter 7 or 13 bankruptcy shown as “charged-off” or “unpaid” instead of “$0 balance” or “included in bankruptcy”
- Paid accounts shown as unpaid: You paid off a collection or charged-off account, but it still shows a balance
- Closed accounts shown as open: You closed a credit card years ago, but it’s still listed as “open”
- Late payments on current accounts: Account is current but shows recent late payments that didn’t occur
- Accounts included in bankruptcy should show $0 balance and “included in bankruptcy” or “discharged”
- The bankruptcy itself can remain for 10 years, but individual discharged debts should reflect $0 balance
- Continuing to report discharged debts as unpaid is a common FCRA violation
Examples:
- Credit card shows $5,000 balance when actual balance is $500
- Credit limit is reported as $1,000 when it’s actually $10,000 (makes your utilization ratio look artificially high)
- Student loan balance is wrong due to consolidation, deferment, or forgiveness
Impact: Balance errors increase your credit utilization ratio, which can significantly lower your score.
| Date Error | Why It Matters |
|---|---|
| Wrong date of first delinquency | This date determines when the item should fall off your report (7 years from first delinquency). If the date is wrong, the item may be reported too long. |
| Wrong date of last activity | Can affect statute of limitations calculations and whether the debt is legally enforceable. |
| Wrong account opening date | Affects your length of credit history, a major score factor. |
Examples:
- Late payment reported when you paid on time
- Multiple late payments reported for a single late payment
- Late payments reported during periods when you had a forbearance or deferment (student loans, mortgages)
- Late payments that should have been removed as part of a settlement agreement
Under FCRA § 1681c, most negative items must be removed after 7 years from the date of first delinquency. Common violations:
- Collections or charge-offs older than 7 years still being reported
- Bureaus using the wrong “date of first delinquency” to extend reporting past 7 years
- Debt buyers “re-aging” old debts by reporting a new delinquency date when they purchase the debt
As of 2023, the three major bureaus have removed many medical collections from credit reports, including:
- Paid medical collections
- Medical collections under $500
- Medical collections less than one year old
However, larger unpaid medical debts may still appear. Common errors:
- Medical debt that was paid or covered by insurance still showing as unpaid
- Medical debt resulting from billing errors or incorrect denial of insurance claims
- Medical debt under $500 that wasn’t removed
Disputing credit report errors is a two-track process: you can dispute with the credit bureaus, and you can dispute directly with the data furnishers.
Before you can dispute, you need to see what’s being reported. You’re entitled to:
- One free report per bureau per year: Visit AnnualCreditReport.com (the only official source)
- Additional free reports: After certain events (denial of credit, fraud alert, unemployment, public assistance)
- Free reports after adverse action: If you’re denied credit, insurance, or employment based on your credit report, you get a free copy
For each error, gather supporting documentation:
| Error Type | Supporting Documents |
|---|---|
| Account not yours | ID, SSN card, FTC Identity Theft Report (if identity theft), proof you never applied for the account |
| Incorrect balance | Current account statement, payment confirmation, settlement agreement |
| Paid account showing unpaid | Cancelled check, bank statement, receipt, letter from creditor acknowledging payment |
| Discharged bankruptcy debt | Bankruptcy discharge order, Schedule of debts from bankruptcy petition |
| Late payment never occurred | Bank statements showing on-time payments, payment history from creditor |
| Debt too old to report | Calculation showing 7+ years since first delinquency, last statement from original creditor |
You can dispute online, by mail, or by phone. I recommend mail for these reasons:
- Creates a paper trail with proof of delivery (certified mail)
- Allows you to attach supporting documents
- Gives you control over the exact language of your dispute
- Online disputes often limit your explanation to short dropdown options
Bureau dispute addresses:
- Equifax: Equifax Information Services LLC, P.O. Box 740256, Atlanta, GA 30374
- Experian: Experian, P.O. Box 4500, Allen, TX 75013
- TransUnion: TransUnion LLC, Consumer Dispute Center, P.O. Box 2000, Chester, PA 19016
In addition to (or instead of) disputing with the bureaus, you can send a dispute directly to the data furnisher (the bank, creditor, or collector reporting the info).
Why dispute directly with the furnisher?
- Furnishers have a duty under § 1681s-2(b) to investigate disputes they receive from bureaus
- Furnishers also have a duty under § 1681s-2(a)(8) to investigate certain disputes received directly from consumers
- If the furnisher determines the information is inaccurate, they must notify ALL credit bureaus, not just the one you disputed with
- Direct disputes can be more effective because you’re dealing with the source of the information
- The dispute is frivolous or irrelevant
- You’ve already disputed it with the credit bureau
- The furnisher has already provided you with required disclosures
Possible outcomes:
- Error is corrected or deleted: Bureau/furnisher agrees the information was inaccurate and removes or corrects it
- Verification is provided: Bureau/furnisher responds that they investigated and verified the information is accurate
- No response or inadequate investigation: Bureau/furnisher fails to respond within 30 days or conducts a rubber-stamp investigation
- Partial correction: Some aspects of the tradeline are corrected, but other errors remain
If the dispute is “verified” but you believe it’s still wrong:
- Request method of verification: Ask the bureau to explain how they verified the information (what documents, what investigation steps)
- Send a follow-up dispute: Point out specific deficiencies in their investigation and provide additional evidence
- File a CFPB complaint: Report the inadequate investigation to the Consumer Financial Protection Bureau
- Consult an attorney: If the error persists and is causing you harm, you may have grounds for an FCRA lawsuit
If the bureau refuses to correct an error you believe is inaccurate, you have the right under § 1681i(b) to add a 100-word consumer statement to your credit report explaining your side of the story.
When to use it:
- As a last resort when the bureau won’t remove inaccurate information
- To explain extenuating circumstances (medical emergency, identity theft in progress, dispute with creditor)
Limitations:
- Most lenders don’t read consumer statements
- It doesn’t improve your credit score
- It’s not a substitute for getting the error actually removed
Below are templates for common dispute scenarios. Customize them with your specific information and send via certified mail.
If credit bureaus or furnishers refuse to correct errors despite your disputes, you have the right to sue for damages under the FCRA.
- You’ve disputed errors with the bureaus and furnishers, but they persist
- The errors are causing you concrete harm (loan denials, higher interest rates, job rejection)
- The bureau or furnisher conducted a clearly inadequate investigation (rubber stamp)
- The violation appears willful (they knew the information was wrong but reported it anyway)
- Multiple violations are occurring (several inaccurate accounts, repeated re-aging, etc.)
| Type of Violation | Damages Available | Example Scenarios |
|---|---|---|
| Negligent FCRA violation | Actual damages + attorney fees/costs | Bureau failed to conduct reasonable investigation; no evidence they knew info was wrong |
| Willful FCRA violation | Actual damages + statutory damages ($100-$1,000) + punitive damages + attorney fees/costs | Furnisher continued reporting discharged bankruptcy debt after receiving discharge notice; bureau ignored clear evidence of error |
- Higher interest rates paid due to lowered credit score
- Denial of mortgage, auto loan, or credit card
- Denial of employment or security clearance
- Emotional distress, humiliation, anxiety
- Time and costs incurred disputing the errors
Step 1: Consult an FCRA Attorney
- Bring all documentation: credit reports, dispute letters, certified mail receipts, bureau responses
- Bring evidence of harm: loan denial letters, higher interest rate documents, job rejection notices
- Attorney evaluates whether you have a viable FCRA claim
Step 2: Demand Letter (Optional)
- Attorney may send pre-suit demand letter detailing violations and damages
- Many cases settle at this stage when the violation is clear
Step 3: File Lawsuit
- FCRA claims can be filed in federal district court or state court
- Complaint alleges specific violations (failure to investigate, furnishing inaccurate info, etc.)
- Can sue credit bureaus, furnishers, or both
Step 4: Discovery
- Request bureau’s investigation file (what did they do to verify the disputed info?)
- Request furnisher’s records and communications with bureaus
- Depositions of bureau and furnisher representatives
Step 5: Settlement or Trial
- Most FCRA cases settle before trial
- Settlement often includes: payment of damages, correction of credit reports, attorney fees
- If no settlement, case proceeds to trial before judge or jury
If a credit bureau or furnisher has a systemic practice of violating the FCRA (e.g., failing to investigate disputes, re-aging debts, mixed file errors), a class action lawsuit may be appropriate.
Benefits of joining a class action:
- No upfront cost to you
- Combines resources with other affected consumers
- Can result in systemic changes to the violator’s practices
Drawbacks:
- Individual recovery is typically smaller than in an individual lawsuit
- Less control over the litigation strategy
- Longer timeline to resolution
Yes, for most FCRA lawsuits. Here’s why:
- FCRA litigation is technical and requires knowledge of case law and procedure
- Defendants (bureaus and furnishers) will have experienced defense counsel
- Attorney fee shifting means your lawyer gets paid by the defendant if you win, making contingency arrangements common
- An experienced FCRA attorney knows how to maximize your recovery and navigate discovery
- National Association of Consumer Advocates (NACA): consumeradvocates.org
- Your state bar association: Referral services for consumer law attorneys
- Legal aid organizations: For low-income consumers
I represent consumers fighting inaccurate credit reporting. Whether you’re dealing with identity theft, discharged bankruptcy debts still showing as unpaid, or persistent errors the bureaus won’t fix, I can help.
- Review credit reports from all three bureaus
- Identify inaccuracies and FCRA violations
- Assess potential damages and litigation value
- Develop dispute strategy
- Draft comprehensive dispute letters to bureaus and furnishers
- Gather and organize supporting documentation
- Handle certified mailing and tracking
- Monitor investigation timelines and responses
- Sue credit bureaus and furnishers for violations
- Pursue statutory damages, actual damages, and punitive damages
- Force correction of credit reports through litigation
- Recover attorney fees (paid by the defendant if you win)
- File FTC Identity Theft Reports and police reports
- Invoke FCRA § 1681c-2 blocking rights
- Force deletion of fraudulent accounts
- Sue entities that refuse to remove identity theft accounts
- No upfront fees for most cases: FCRA cases often handled on contingency—you pay nothing unless we win, and the defendant pays attorney fees
- Deep FCRA expertise: I understand bureau investigation procedures, furnisher duties, and common violation patterns
- Aggressive advocacy: I don’t accept rubber-stamp investigations or form-letter denials—I force bureaus and furnishers to do their jobs
- Proven results: Track record of settlements and verdicts against major bureaus and national furnishers
- Personal attention: Direct access to me throughout the process
Book a call to discuss your credit report dispute. Bring your credit reports, dispute correspondence, and any evidence of harm (loan denials, etc.).
Contact: owner@terms.law