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:
When you dispute an item with a credit bureau, the law requires:
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:
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:
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:
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:
Examples:
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:
Under FCRA § 1681c, most negative items must be removed after 7 years from the date of first delinquency. Common violations:
As of 2023, the three major bureaus have removed many medical collections from credit reports, including:
However, larger unpaid medical debts may still appear. Common errors:
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:
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:
Bureau dispute addresses:
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?
Possible outcomes:
If the dispute is "verified" but you believe it's still wrong:
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:
Limitations:
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.
| 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 |
Step 1: Consult an FCRA Attorney
Step 2: Demand Letter (Optional)
Step 3: File Lawsuit
Step 4: Discovery
Step 5: Settlement or Trial
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:
Drawbacks:
Yes, for most FCRA lawsuits. Here's why:
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.
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