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Dispute credit card fraud

Posted by Brett D. Sherman | Oct 15, 2021 | 0 Comments

Chase, American Express, Citibank, and others don't believe that you didn't charge a vacation to Las Vegas?  Your bank doesn't believe that you did not buy a thousand-dollar television at BestBuy or on Amazon? What should you do when your credit card does not agree that you are a victim of fraud?  The answer is probably not what you think. Your natural instinct is probably to dispute the charges with the credit card issuer again and again. That is an option.  But once Chase tells you that it refuses to reverse fraudulent credit card charges, your real rights come from Fair Credit Reporting Act (FCRA). The FCRA is a great law, passed by Congress, that provides specific guidance about how to deal with this very situation.

What is a consumer report?

Posted by Brett D. Sherman | Oct 11, 2021 | 0 Comments

The FCRA, 15 U.S.C. § 1681a(d), specifically defines the term "consumer report" as “any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for— (a) credit or insurance to be used primarily for personal, family, or household purposes; (b) employment purposes; or (c) any other purpose authorized under Section 1681b [of the FCRA].” 

Job offer withdrawn due to false background check report?

Posted by Brett D. Sherman | Oct 06, 2021 | 0 Comments

One company that stands out to us as a repeat offender is a background check company called Checkr. Checkr conducts background checks for Uber. Often, especially for folks with common names, those background check reports from Checkr include records of arrests and/or convictions that simply never happened.  Or at least arrests and convictions that never happened with respect to the person applying for a job with Uber. Again, all background check report companies issue inaccurate reports from time to time. Perhaps the rise in false background check reports concerning Chekr is the sheer volume of individuals applying for jobs with Uber.  Even if that is the reason for the high number of inaccurate Checkr reports, it is no excuse. 

Credit Card Disputes and the FCRA

Posted by Brett D. Sherman | Aug 04, 2021 | 0 Comments

The FCRA specifically permits consumers to dispute responsibility for fraudulent credit card charges directly to the credit bureaus that are reporting those charges (generally Equifax, Experian, and/or Trans Union). If a consumer's dispute of fraudulent credit card charges is "verified" (meaning that the furnisher and/or CRA has found the reporting to be accurate), the consumer then has a case that is ripe for filing in federal court pursuant to the Fair Credit Reporting Act. 

New York Credit Report Lawyers - Sherman & Ticchio

Posted by Brett D. Sherman | Jul 20, 2021 | 0 Comments

Consumers may (or may not) be surprised to learn that inaccurate information is often re-reported, even after it was deleted. In a very real sense, consumers who “win” the dispute with the credit bureaus are in nearly the same position as those who lose. Both types of consumers have to be wary about applying for credit...

Should I dispute unauthorized hard inquiries?

Posted by Brett D. Sherman | Jul 14, 2021 | 0 Comments

Unauthorized hard inquiries (a/k/a impermissible pulls) on one or more of your credit reports should set off alarm bells in your head. If you find what you believe are unauthorized hard inquiries on a credit report, you should contact a reputable consumer credit law firm to help you (a) decipher your credit reports, (b) dispute unauthorized hard inquiries directly to each credit bureau that is reporting them, and (c) help you to decide whether to place heightened security measures, such as a credit freeze, on your credit file(s). Most good consumer lawyers are members of the National Association of Consumer Advocates or NACA.

Reinsertion in your credit file of previously deleted information

Posted by Brett D. Sherman | Jul 06, 2021 | 0 Comments

Reinsertion can be a serious violation of the Fair Credit Reporting Act.  If you suspect that one or more credit bureaus unlawfully reinserted information into your credit file (if previously disputed and deleted information has reappeared on your credit report(s)), you have the right under the FCRA to again dispute the inaccurate information. A consumer law firm -- Sherman & Ticchio or any other member of the National Association of Consumer Advocates that focuses on credit reporting issues -- can guide you through this process.  

Avoid Credit Repair Shops!

Posted by Brett D. Sherman | Jun 22, 2021 | 0 Comments

Avoid credit repair shops.  Whether it is Sherman & Ticchio or another member of the National Association of Consumer Advocates (NACA), consult with legitimate and reputable consumer attorneys for advice about how to best address your credit problems.

Can you sue after a credit dispute?

Posted by Brett D. Sherman | Jun 15, 2021 | 0 Comments

After completing their respective reasonable investigations, your creditors and the credit bureaus also have separate and independent obligations to correct information that they (a) conclude is inaccurate, AND/OR (b) cannot verify is accurate.

"Consumer Reports" finds errors on 1/3 of credit reports

Posted by Brett D. Sherman | Jun 11, 2021 | 0 Comments

Stay away from credit repair shops and other companies that charge a monthly fee.  Your right under federal law -- the Fair Credit Reporting Act -- is to have an accurate credit report.  To enforce that right, consult with a qualified and experienced consumer litigation attorney, whether our firm or another reputable lawyer.  Most are members of the National Association of Consumer Advocates. 

Accurate credit reports?  It is time to find out.

Posted by Brett D. Sherman | May 07, 2021 | 0 Comments

Imagine how staggering a problem truly is baked into the credit reporting system based on (1) the sheer volume of the complaints received and addressed in 2020 by the CFPB and (2) the fact that just a fraction of the public actually checks their Equifax, Experian, and TransUnion credit reports with any degree of regularity.  There is a lesson you can learn here, and it is this -- Regularly reviewing your credit reports with Equifax, Experian, and TransUnion (something with which we can assist you at no cost) is an essential element of maintaining your financial fitness.

Fraudulent charges on your credit card? Now what?

Posted by Brett D. Sherman | Apr 25, 2021 | 0 Comments

Instead of obtaining that white-glove fraud protection and receiving a fast refund of charges made by an identity thief -- in many cases obviously fraudulent charges -- too many people are told that the bank has conducted a thorough investigation and determined that the consumer either made the allegedly fraudulent charges or authorized them. 

What is a Credit Lawyer anyway?

Posted by Brett D. Sherman | Apr 23, 2021 | 0 Comments

"Credit lawyer" is a short-hand term for an attorney, like the lawyers at Sherman & Ticchio, who guide consumers through the process of disputing inaccurate items on their credit reports or background check reports and, if necessary, file federal lawsuits on behalf of consumers under the Fair Cre...

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