Ohio Fair Credit Reporting Act Attorneys

What is the Fair Credit Reporting Act?

The Fair Credit Reporting Act is covered by 15 U.S. Code §1681. It promotes accuracy, privacy, and fairness and prevents inaccurate information and abuse when it comes to reporting consumers’ credit and financial histories.

Who Does the FCRA Protect?

The FCRA gives you several rights concerning credit bureaus and agencies that deal with medical records, rental histories, loan documents, and check writing histories. These protections are crucial because your credit history and score are significant in enabling – or preventing – you from finding affordable housing, being approved for a mortgage, purchasing a car, obtaining loans, and more.

Your Rights Under the FCRA

As a consumer, the FCRA grants you several important rights that protect your financial history from errors and misuse. Here are your key rights under the FCRA:

• The Right to Know Your Credit History: You can request your credit file from agencies like Equifax, Experian, and TransUnion. You’re entitled to one free disclosure every 12 months or under special circumstances (e.g., identity theft or if you’re on public assistance). Due to the pandemic, free weekly reports are temporarily available.
• The Right to Know Your Credit Score: You can request your credit score from a consumer reporting agency. While some agencies offer it for free, others may charge a fee.
• The Right to Know When Your Credit Report is Used Against You: If a company uses your credit report to deny you a loan, job, or insurance, they must tell you and provide the name and contact details of the credit reporting agency they used.
• The Right to Dispute Incorrect or Incomplete Information: If your credit report contains errors, you have the right to dispute it. The reporting agency must investigate and correct any inaccurate or unverifiable information, usually within 30 days.

If you believe your FCRA rights have been violated, call us at 888-726-3181  for a free, no-risk consultation

Common FCRA Violations

Despite clear regulations surrounding credit reporting and the actions of credit agencies, violations are common. Some of the most common Fair Credit Reporting Act violations are found in debt settlement mailers but may include any of the following:

• Reporting an account that you voluntarily closed as active
• Reporting on a debt that is more than seven years old
• Reporting a bankruptcy that is more than 10 years old
• Failing to report that debt has been discharged
• Reporting an inaccurate balance due
• Reporting a timely payment as late
• Failing to remove information that resulted from identity theft
• Reporting information derived from a stranger’s history because that person has a similar Social Security Number
• Reporting information based on a stranger’s history because you have similar first and/or last names
• Failing to investigate a dispute
• Failing to remove information within 30 days if it has not been verified
• Providing a credit report to an individual or business who does not have a valid need without your permission.

If you’ve experienced any of these violations, contact LHA for help disputing errors and recovering damages.

How to Dispute Errors on Your Credit Report

Disputing credit report errors can seem overwhelming, but you have the right to correct inaccuracies. Here’s how to start the process:

1. Obtain Your Credit Report: Request your report from Equifax, Experian, or TransUnion. You can do this for free once a year, or weekly during the pandemic.
2. Identify and Document Errors: Carefully review the report for incorrect balances, outdated information, or accounts you didn’t open. Gather supporting documentation like bank statements or payoff letters.
3. File a Dispute: Submit a dispute with the credit reporting agency. This can usually be done online or via mail. Make sure to provide documentation supporting your claim.
4. Monitor the Investigation: The agency must investigate your claim within 30 days. Be sure to follow up and confirm that the error has been corrected.

Don’t Ignore Credit Report Errors

Ignoring errors on your credit report can have long-lasting consequences, including:

• Loan Denials: Errors may prevent you from being approved for a mortgage, car loan, or credit card.
• Higher Interest Rates: Inaccurate information can lead to higher interest rates on loans or credit lines.
• Lower Credit Scores: Even a single incorrect report of a late payment can damage your credit score, making it harder to access affordable credit.

How LHA Can Help with an FCRA Lawsuit

Our firm successfully settled a lawsuit against a large debt settlement company that conspired to access a client’s credit report to market their services. The case involved multiple companies across three states and exposed deceptive marketing practices, including false mailers designed to appear as government communications. The settlement reinforced our commitment to protecting consumer privacy under both state and federal laws.

More Debt Help Case Results

What Actions are Prohibited by the FCRA?

The FCRA limits what credit reporting agencies can do. Some prohibited actions include:

Reporting Outdated/Negative Info

In most cases, an agency cannot report negative information over seven years old for Chapter 7 bankruptcies, more than 10 years for Chapter 13 bankruptcies, and 7 years for prior civil judgments. Information older than that is considered obsolete. You may have to be proactive about ensuring old information drops off because some companies do not follow the mandates of the FCRA.

Offering Access to Your File

Often referred to as impermissible use, agencies can only provide information about your history to people or businesses with a valid need to see it, such as a landlord, employer, lender, or insurer. Individuals and businesses without an actual need to see your credit history must be denied access unless you grant permission.

Giving an Employer Your History Without Permission

If your current or a potential employer wishes to see your credit report, you must give written permission. The main exception is the trucking industry. The agency cannot provide your file to an employer without written authorization.

Compensation & Damages for FCRA Violations

If your rights under the FCRA are violated, you may be entitled to compensation, including:

• Actual Damages: Recover financial losses directly caused by the violation, such as lost wages or higher interest rates.
• Statutory Damages: Even if you suffered no financial loss, you may receive between $100 and $1,000 for violations of your FCRA rights.
• Punitive Damages: The court may award punitive damages to punish the wrongdoer and discourage future violations.
• Attorneys’ Fees and Costs: The FCRA allows victims to recover the costs of legal representation

Legal Help in Ohio

If you suspect that an FCRA violation is impacting you, LHA serves consumer law clients in all 88 Ohio counties:

• Columbus
• Cleveland
• Cincinnati
• Dayton
• Akron
• Canton
• Zanesville
• Marietta
• Mansfield
• Toledo
• Findlay
• Lima
• Youngstown
• New Philadelphia
• Cambridge
• Athens
• Lancaster
• Ashland
• Chillicothe
• Portsmouth
• Defiance
• Springfield
• Marion
• Sandusky

Call LHA Today: 888-726-3181

Initial Consults are Free and No-Obligation

Fair Credit Reporting FAQs