Can you, or should you, sue if wrong information isn’t removed from your credit report? Attorney Robert Brennan was recently a guest on my Internet radio show, EverydayWealth Radio: Your Consumer Advocate and he shared some insights on lawsuits related to credit damage. Brennan happens to be a very successful litigator in the area of consumer credit damage, and has even been voted a "super lawyer" by his peers.
Brennan noted that consumers who successfully sue for credit damage may be awarded attorneys fees, damages and even punitive damages. While I had cautioned consumers in the past that these cases are difficult to win, Brennan boasts an impressive success rate. Before you rush to hire an attorney, however, he recommends you take these steps:
Check your credit report and dispute any erroneous items by filing a dispute with the credit reporting agency and the creditor or agency reporting the negative item. Include copies of any documentation you have, and keep good records. If they don’t respond or don’t remove the wrong information, you may need to talk with a consumer law attorney with experience in Fair Credit Reporting Act cases. Of course, if you are in Southern California, you may want to contact Robert Brennan’s law firm.
We also discussed a question from a listener who wondered whether it was legal for a debt collector to check her credit report on a debt that was fifteen years old. While Brennan pointed out that there is no case law on that specific issue, it would be likely that particular inquiry was unauthorized, and he does go into detail about the issue of unauthorized inquiries on his website.
If you would like to learn more about your rights when it comes to credit damage, you can listen to my radio interview with Robert Brennan online 24/7. Simply type "Robert Brennan" into the search field.
Gerri Detweiler Credit.com's Personal Finance Expert, Gerri focuses on financial legislation, budgeting, debt recovery and consumer savings information. She is also the co-author of Debt Collection Answers: How to Use Debt Collection Laws to Protect Your Rights, and Reduce Stress: Real-Life Solutions for Solving Your Credit Crisis as well as host of TalkCreditRadio.comTalk Credit Radio. Reach Gerri at creditexperts@credit.com.
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I have started to restore my credit in my credit reports. During the process I have came accross an issue. DOE has reported to Transunion and maybe Equifax and Experian an amount of 11,000 loan on my report which was an error. With this in mind it has been nine years of trying to make a purchase hindering my credibility and even to the point were I have paid high interest rate on an automobile. I have discovered this today and I am wondering if I have a case, I can provide proof. The total shows 23,000 when I only owe 11,000 listed for many years. I also have a medical treatment history for depression which was caused. Feel free to contact me
Ms. Rodriques –
You’ll want to talk with a consumer law attorney to find out what your rights are here. Visit NACA.net for a referral to one with expertise in credit reporting matters.