Credit Blog


CFPB: Credit bureaus and creditors often seek to avoid the duty to reasonably investigate consumer disputes

Posted by Brett D. Sherman | Nov 15, 2022 | 0 Comments

When consumer reporting agencies and furnishers are properly notified of a dispute about information furnished in a consumer report, both consumer reporting agencies and furnishers must conduct a reasonable investigation of the dispute. The CFPB is aware that consumer reporting agencies and furnishers have sought to evade the obligation to investigate disputes by requiring consumers to submit particular items of information or documentation with a dispute before the entity will conduct its investigation of the dispute.

Mistakes on your credit report? A guide...

Posted by Brett D. Sherman | Nov 15, 2022 | 0 Comments

In a mixed file case, the client's credit file has been combined with the information of one or more other consumers. Mixed credit files often happen when the algorithms of a credit bureau (also known as a consumer reporting agency or CRA) identify information from two or more consumers as being so similar that the credit bureau fails to keep their information from combining -- or becoming mixed -- in a single credit file. When this happens, it is often because consumer reporting agencies lack reasonable procedures to assure maximum possible accuracy of information on consumer reports.

False criminal record on background check report

Posted by Brett D. Sherman | May 18, 2022 | 0 Comments

False criminal records on background check reports are far too common. This year, Sherman & Ticchio has observed a substantial uptick in the number of people who call us after losing out on jobs (or losing existing jobs) because of inaccurate background check reports. We have also seen a big jump...

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. 

  • 1 of 2

Sherman & Ticchio Is Here for You

At Sherman & Ticchio, we focus on your individual needs to help you correct errors on your credit reports or background check reports. We are here to listen to you and help you navigate the legal system.

Contact Us Today

Sherman & Ticchio is committed to helping you address your credit reporting and background check reporting issues in New York.

We offer a free consultation and we’ll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.