Are you tired of dealing with credit reporting errors that are holding you back from achieving your financial goals? At Barthel Legal, we understand how frustrating it can be to deal with these issues on your own. Contact a dedicated San Diego County credit reporting error lawyer from our firm so we can help you navigate this complicated process.
Credit Reporting Lawyer | Here for Clients in San Diego & throughout CA
Barthel Legal is here to hold your hand through the disputing process to guide you on the most effective way to dispute errors on your credit reports. If the credit bureaus refuse to remove the errors, we are willing to go the extra mile and bring suit against these agencies for their refusal to take you seriously. Better yet, we do not charge our clients a penny out of pocket. By law, our fees must be paid by the credit reporting agencies if we win, and if we lose, we take the hit so that you don’t have to.
If you believe that you have been a victim of credit reporting errors, it’s important to know that you are not alone. In fact, a recent study found that as many as one in five consumers have errors on their credit reports that can negatively impact their credit score and financial standing. These errors can stem from a variety of sources, including typographical mistakes, billing errors, identity theft, and credit file mix-ups.
Fortunately, there are laws in place that protect consumers from the negative effects of credit reporting errors. The Fair Credit Reporting Act (FCRA) and the Fair Debt Collection Practices Act (FDCPA) provide consumers with a variety of rights and protections when it comes to their credit reports and debt collection practices. As consumer protection attorneys, we have the experience and expertise necessary to help you understand these rights and seek justice for any damages caused by credit reporting errors.
So if you’re ready to take action and fight back against credit reporting errors, contact a dedicated San Diego consumer lawyer from the law firm of Barthel Legal today.
Consumer Rights Under the FDCPA and RFDCPA
The FDCPA and RFDCPA provide protections to consumers that are alleged to owe a debt or legitimately own a debt. These acts regulate how debt collectors can collect debts and report them to credit bureaus. Under these acts, debt collectors must treat you with respect and they must accurately report information about a consumer’s debt and credit history. If they fail to do so, consumers have the right to dispute the inaccuracies and seek compensation.
Right to Verification of Debt
Under the FDCPA, consumers have the right to request that a debt collector verify the validity of a debt. This means that if a consumer is contacted by a debt collector about a debt they do not recognize, they can request that the debt collector provide proof that the debt is legitimate. The debt collector must then provide verification of the debt, such as a copy of the original contract or billing statements, within 30 days.
Right to Dispute Inaccurate Information
Under both the FDCPA and RFDCPA, consumers have the right to dispute inaccurate information on their credit reports. If a consumer believes that there is inaccurate information on their credit report, they can file a dispute with the credit reporting agency and the creditor who provided the inaccurate information. The credit reporting agency and creditor must then investigate the dispute and either remove the inaccurate information.
Right to Sue for Damages
If a debt collector violates the FDCPA or RFDCPA, consumers have the right to sue for damages. Damages may include actual damages, such as financial losses caused by the violation and any emotional distress that the consumer has encountered. Consumers can also receive statutory damages, which are set amounts established by law. Consumers may also be entitled to recover attorney’s fees and court costs.
Right to Request a Cease and Desist
Under the FDCPA, consumers have the right to request that a debt collector cease and desist all communication with them. If a consumer requests a cease and desist, the debt collector must stop all communication, except to notify the consumer of legal action taken against them. Any request for a cease and desist should be mailed via certified mail or via fax (if a fax number is known).
Right to Receive Accurate Information
Under both the FDCPA and RFDCPA, consumers have the right to receive accurate information about their debt and credit history. Debt collectors and credit reporting agencies must provide accurate and complete information to consumers and must correct any errors or inaccuracies that are discovered.
By understanding these rights and taking action when necessary, consumers can protect their credit and financial well-being. If you believe your rights have been violated under the FDCPA or RFDCPA, it is important to seek legal advice from a credit reporting error lawyer who can help you understand your options and take the necessary steps to protect your rights.
Common Credit Reporting Errors
There are many different types of credit reporting errors that consumers may encounter. Some common examples include inaccurate personal information, outdated information, and fraudulent accounts. These errors can have a significant impact on a consumer’s credit score and ability to obtain credit.
Incorrect Personal Information
Credit reporting errors can occur when the credit bureau incorrectly lists personal information such as your name, address, or Social Security number. These errors can lead to mix-ups with someone else’s credit history or even identity theft.
Inaccurate Payment History
Errors can also occur in the reporting of your payment history, such as showing a missed or late payment that was actually made on time. Inaccurate payment history can negatively impact your credit score and your ability to obtain credit.
Debt Collections That Don’t Belong to You
Credit reporting errors can also arise when debt collectors attempt to collect on debts that do not belong to you. This can occur when your credit file is mixed up with someone else’s, when you are the victim of identity theft, or when the debt was already paid or discharged in bankruptcy.
Duplicate Listings
Credit reporting errors can also occur when the same account is listed multiple times on your credit report. This can make it appear as though you have more debt than you actually do and can negatively impact your credit score.
Outdated Information
Credit reporting errors can occur when outdated information is listed on your credit report, such as a debt that was discharged in bankruptcy or a late payment that is more than seven years old. These errors can also negatively impact your credit score and your ability to obtain credit.
It’s important to monitor your credit report regularly to ensure that there are no errors or inaccuracies. If you do find errors on your credit report, it’s important to take action immediately to correct them. This may involve disputing the error with the credit bureau or working with a consumer protection attorney to protect your rights under the Fair Debt Collection Practices Act (FDCPA) and the Rosenthal Fair Debt Collection Practices Act (RFDCPA).
Steps to Take When Credit Reporting Errors Occur
If you believe there is an error on your credit report, it is important to take action right away. First, you should obtain a copy of your credit report from each of the three major credit bureaus (TransUnion, Experian, and Equifax) to determine if there are any inaccuracies. If you find errors, you should dispute them with both the credit reporting agency and the creditor who provided the inaccurate information. You should also keep records and documentation throughout the dispute process.
In addition to disputing errors, consumers can take other steps to protect their credit, such as placing fraud alerts and monitoring their credit reports regularly. These steps can help prevent future credit reporting errors and protect consumers from identity theft.
Review Your Credit Report
The first step is to obtain a copy of your credit report from each of the three main credit reporting agencies, TransUnion, Experian, and Equifax. Review each report carefully and make note of any inaccuracies or errors. A completely free and detailed report can be obtained once a month through the Fair Trade Commission’s website.
Dispute the Inaccuracies
If you identify any inaccuracies or errors on your credit report, you should dispute them with both the credit reporting agency and the creditor who provided the inaccurate information. You can do this by sending a dispute letter or filing a dispute online. Be sure to provide detailed information about the inaccurate information and include any supporting documentation you have. For a sample letter you can send to a credit reporting agency, click here.
Follow Up
Once you file a dispute, the credit reporting agency and creditor have a legal obligation to investigate the accuracy of the information. However, it is important to follow up and ensure that the investigation is completed and the inaccurate information is removed or corrected.
Consider Legal Action
If the credit reporting agency or creditor fails to correct the inaccurate information on your credit report, you may want to consider taking legal action. This could involve filing a lawsuit against the creditor or credit reporting agency for violating the Fair Credit Reporting Act (FCRA) or state consumer protection laws.
Keep Detailed Records
Throughout the process, it is important to keep detailed records of all communication, including letters, emails, and phone calls. This will help you build a case if legal action is necessary.
Seek Legal Advice
If you are having difficulty resolving credit reporting errors on your own, it may be beneficial to seek legal advice from a competent credit reporting error lawyer. A credit reporting error lawyer can review your case, help you understand your legal rights, and provide guidance on the best course of action to take.
By following these steps, you can take action to correct credit reporting errors and protect your credit and financial well-being. It is important to take these issues seriously, as inaccuracies on your credit report can have a significant impact on your ability to obtain credit, loans, and other financial products.
Contact a Credit Reporting Error Lawyer Today
If you believe that you have been a victim of credit reporting errors, it’s important to know that you have rights under the Fair Credit Reporting Act (FCRA) and the Fair Debt Collection Practices Act (FDCPA) that protect you from the negative effects of these errors. At the law firm of Barthel Legal, we have the experience and knowledge necessary to help you protect your rights and seek justice for any damages caused by these errors.
Our team of experienced consumer protection attorneys can help you navigate the complicated world of credit reporting errors and work with credit bureaus and creditors to correct any errors on your credit report. We can also help you understand your rights under the FDCPA and RFDCPA and pursue litigation if necessary.
Don’t let credit reporting errors hold you back from achieving your financial goals. Contact a dedicated San Diego credit reporting error from our firm for guidance today to discuss your options and learn more about how we can help you protect your rights and seek justice for any damages caused by these errors. With our help, you can get your credit report back on track and move forward with confidence.