Most Common Fair Credit Reporting Act Violations
Posted: Wednesday, March 20, 2013
While the list of Fair Credit Reporting Act ("FCRA") violations may seem endless, below is a list of the most common violations in no specific order.
Reporting inaccurate information
Creditors can only report information to the credit reporting agencies ("CRAs") that is accurate and may be liable under the FCRA for failure to do so. Examples of inaccurate reporting include reporting inaccurate balances or payment history, reporting a debt as charged off when settled or paid in full and reporting a debt that does not belong to you.
Providing and reporting outdated information
Information provided to the CRAs must be up to date. Common violations of this conduct include failing to report a discharge of bankruptcy, re-aging an account to continue the reporting in an effort to receive payment,and reporting information more than seven years old.
Merging credit files
CRAs have a duty to report accurate information and at times can mix the credit files of its consumers. A common example of this conduct includes duplicating negative credit information with a stranger who shares a similar name, social security number and/or other personal identifying information.
Failing to follow proper investigation procedures
When a CRA reports inaccurate information, you have a right to dispute the information and request an investigation. In response, the CRAs must conduct a reasonable investigation into your claim and report back to you with its response. Several situations in which the CRAs fail to comply include failing to inform a creditor of your dispute, failure to conduct a reasonable investigation into your dispute; failure to update or delete inaccurate information from your report;
Requesting a credit report for an impermissible purpose
While there is a list of parties than have access to your credit report, there must be a permissible purpose for any party to review it or they will be in violation of the FCRA. Some of these impermissible purposes include an employer pulling your report without your permission, a creditor of a paid and closed account pulling your report, and a potential creditor that you have not applied for credit with accessing your report.
Re-inserting previously deleted information
After a dispute is investigated and the CRA determines the information is inaccurate it must be deleted and cannot be re-inserted on your credit report unless you are first notified by the CRA. If an account appears on your report after a CRA previously admitted to its inaccuracy by deleting, the CRA has a duty to notify you prior to its reinsertion or its conduct will violate the FCRA.
Contact us for a free case review
SmithMarco, P.C. has been protecting consumer rights since 2005 and handles Fair Credit Reporting Act cases. If information about you is inaccurately being reported, or if you feel that you're rights have been violated, please contact us for a free case review.