Credit Blog

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...

You should contact Sherman & Ticchio or another qualified consumer attorney if Equifax, TransUnion, and/ or Experian reported you "deceased" to any third party. Under the FCRA, you have the right to an accurate credit report.    

Punitive damages under the Fair Credit Reporting Act are, in our view, appropriate in all mixed file cases. Why?  Because mixed files are viewed by Equifax, Experian, and TransUnion as a cost of doing business.

The Fair Credit Reporting Act (FCRA), a fee-shifting statute, offers potent remedies to consumers who prevail at trial. Sherman & Ticchio PLLC won't charge you for a consultation or anything out of pocket to represent you.   

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.

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].” 

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. 

I stepped out of the elevator right around 8:30 on the morning of September 11, 2001. A few minutes later, I crossed the maze of cubicles that filled the interior of our floor and walked into the office of a colleague. His wife was very pregnant.

There is no definition of the phrase "reasonable investigation" in the Fair Credit Reporting Act.  So the jury's answer to that dispositive question will largely depend on how well your attorney presents your case.  

Procedures followed by credit bureaus like Equifax, Experian, and TransUnion are often less than what is reasonable to assure maximum possible accuracy.  A common result of flawed procedures by the credit bureaus is what is known as a mixed file.

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. 

Be sure to consult a qualified credit lawyer - Sherman & Ticchio or another member of the National Association of Consumer Advocates - about FCRA litigation requirements, options, and the damages to which you may be entitled. 

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...

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.

Take these three steps immediately if you believe you are a victim of identity theft (i.e., that an identity thief has obtained access to your confidential personal information and has used or may use your identity for self-enrichment)

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.  

The footnote from TRANSUNION LLC v. RAMIREZ could be significant for individual consumers who suffer legitimate emotional distress from having credit report errors even where there is no publication of inaccurate information via the issuance of a consumer report to a third party. 

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.

Because the FCRA is a fee-shifting statute, Sherman & Ticchio (and many other consumer law firms) can represent you without charging you a fee for consultation or any out-of-pocket costs to represent you in litigation. Our fees come from the proceeds of your case.

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.

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. 

The Seven Year Obsolescence Rule - With the exception of five specific types of information, no negative item (most commonly late payments) can remain on a credit report for more than seven years from the date the account first became negative (i.e., the date of first delinquency)....

Will disputing an inaccurate credit report harm my credit score? No!  And you should consult with an experienced consumer attorney about how to best dispute all inaccurate information on your credit report.

Yes, there are millions of Americans whose credit files are mixed and merged. It is a massive problem, one in which your credit file may be one of those millions of mixed files or a merged files.  We, at Sherman & Ticchio, can help! Blame for mixed files lies squarely with consumer reporting age...

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.