Credit Blog

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.

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.

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.  

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.

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)....

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.

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. 

"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...