FCRA Attorney Chicago

Your credit information should be kept incredibly secure since it directly affects your credit report. Credit reports are important because they maintain your financial stability and allow you to enjoy a decent standard of living. 

However, there are situations when this balance can be disrupted without your knowledge. For example, debt collector abuse may occur when people harassed by debt collectors are not aware that their rights are being violated, and they can receive compensation. 

In this case, knowing the laws of the Fair Credit Reporting Act (FCRA) can help you detect and fight against the injustice of any credit reporting agency or debt collectors and keep your credit reports safe. 

What is the Fair Credit Reporting Act (FCRA)? 

The Fair Credit Reporting Act (FCRA) is a federal law that helps to ensure that information in consumer credit agency files is accurate, fair, and private. The legislation governs how credit reporting agencies gather, access, utilize, and distribute data from your credit report.

FCRA Violations 

Under the Fair Debt Collection Practices Act (FDCPA), customers are guaranteed certain rights. If they are unaware of these rights, it may be challenging to deal with violations, especially when credit bureaus mishandle their personal information.

FCRA Consumer Rights 

Knowing your consumer rights in any situation is a life-saver because you will know when to take action if those rights are violated. The Fair Credit Reporting Act has established a set of rules available for everyone, and they are as follows: 

  • You have the right to determine if the information in your consumer report is being used against you and which agency reported it.
  • You have the right to find out what's on your file, including one free credit history report every 12 months.
  • You have the right to inquire about a credit score. You may be able to get your credit score for free in some situations, but you will most likely have to pay the price.
  • You have the right to express dissatisfaction with inaccurate or inadequate information.
  • Inaccurate or incomplete information will be investigated, deleted, or rectified in order to protect credit scores.
  • Negative material that has been outdated for seven years, or ten years in the case of bankruptcy, will be erased.
  • You have the right to keep your information private and only available to those who have a legitimate need for it, such as landlords, employers, insurers, or creditors.
  • Without your specific written consent, your information will not be given to an employer.
  • You have the right to limit prescreened, unsolicited credit and insurance offers.
  • You have the right to place a security freeze on your credit record, which will prevent illegal credit approvals without your permission.
  • You have the right to sue a consumer reporting agency or other business for damages if it has broken the FCRA's rules.

Receiving Compensation

If your FCRA rights are infringed upon, you are entitled to damage compensation, which can be either actual or statutory. Attorney's fees, court costs, and, in rare situations, punitive damages can also be sought.

The amount of compensation you receive will depend on the type of rights violation. 

Willful Violation

A willful violation is more serious and means that the person or company who violated your FCRA rights was aware of their acts and knew they would hurt you.

The compensation is settled by the state, and it frequently sets lower limits for statutory damages. Punitive damages may be available in specific instances, although this is uncommon.

Negligent Violation 

Unlike willful violations, negligent violations are deemed less serious because they demonstrate that a company or person did not intentionally violate your rights. Because of that, the compensation you will receive will be substantially lower.

In this case, it is considered that they acted irresponsibly when it came to the use of your consumer report. You are entitled to the same kind of damages as individuals who were charged with willful offenses. 

How Can a Credit Attorney Help You? 

Any case that involves finances is delicate and tricky to understand. For this reason, credit lawyers are trained to protect and fight for their client’s rights in cases involving identity theft, a debt collection agency, or a creditor. Here is what a credit attorney can do for you:

They Can Educate you About FCRA

It's critical to understand your rights under the Fair Credit Reporting Act (FCRA), which includes the expectation that credit reporting agencies will undertake a reasonable inquiry into the creditor's allegations and disclose the facts and findings in a transparent manner.

At Agruss Law Firm, LLC, we offer free consultations for our clients. During the free consultation, our attorneys will explain the FCRA rights to you, and how we can use them to protect Chicago customers. You have the right to a free credit card report annually. Don’t hesitate to contact us at 888-572-0176 and learn more about your rights!

An attorney helps you to understand the situation better. Suppose your credit report contains any inaccurate information, including identity theft accounts. In that case, you should submit certified mail to each credit reporting agency informing them of the discrepancy and demanding that they examine it.

Your letter should include as much identifying and other information as is necessary to establish your position. The credit reporting agency is obligated to examine your claim only if you do this.

They Can Help You File a Lawsuit 

Consumer reporting agencies, background checkers, potential employers, landlords, creditors, and other institutions are frequently sued for violating FCRA requirements. Once you and your attorney settle the case details, it is time to file a lawsuit to fix your credit report. 

With all the boxes checked and all the evidence gathered, your attorney will present it to a jury and represent you throughout the litigation process. 

They Will Fight for You 

Not every credit report case goes smoothly since many credit bureaus refuse to cooperate with the lawyer’s requests. From an attorney’s point of view, consumers should not suffer from the mistakes that creditors and agencies try to cover up. 

Many Chicago consumers choose the best consumer rights lawyers to fight for their compensation and sue the culprits if they refuse to remove inaccurate information from their client’s credit reports.

Report FCRA unlawful actions

If you have ever been the victim of inaccurate credit reporting, contact the Agruss Law Firm at 888-572-0176, LLC, for a free case evaluation. Our FCRA attorneys will protect your credit report and conduct a reasonable investigation. 

Under the FCRA laws, you have the right to file a lawsuit for improper credit reporting, receive compensation, and have your attorney’s fees paid by the other side. An experienced consumer protection attorney in Chicago will fight for your case.

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Submitted Comments

605 lending scammed me and won’t stop harassing me. I borrowed 600 paid it back in 1 month and they kept taking money out 1600.00 later. I disputes some with my bank but am in the hook for the rest. The company says it’s a tribal lending but it’s two guys in Canada.

My girlfriend and I have a contract with American First finance, and they are charging us 190% for interest? asking us can we pay over $5000 extra. They just asked well can you pay $5000 out of pocket now. I don’t know what to do about this. Its ridiculous how much they are over charging us.

I had a opportunity to review my credit report recently and I have discovered the the company spring oak capitol reported negative information to my file before even sending me a notification letter as required by the FCRA. the item has been reported on 29 October 2021 but I just received a debt validation letter today.12/27/2021. I only just received this letter because I has placed a call to spring oak capitol. this is clearly a violation of FDCPA & FCRA as this item was reported before I received notification of the debt and was afforded no time to dispute the debt. I can provide you with several documents to state my legal position if pessary.

(1) I use CHIME app's "Credit Builder" secured credit card. They have reported to the credit bureau a late payment / current balance for a transaction that I had the funds available to cover the transaction. (2) I have always had auto-pay Enabled thus said Transaction would have been auto-paid with available funds by the close of the billing cycle in accordance with the Chime app Credit Builder agreement. (3) The statement history shows transactions were being auto-paid by the 23rd due dates(August for this transaction), or 1st of each following month but the Transaction in question was paid on the 2nd of Sept 2021 instead.

American Express violated 15USC1692d and harassed me with non stop phone calls over an alleged debt. They have also just violated 15usc1692e8. I sent American Express a debt validation letter which they received August 9th. And they failed to record my account on file as disputed when they updated my Experian credit report August 17th. They also failed to provide validation for alleged debt

1. I was a victim of identity theft. 2. A collection agency by the name of Resurgent Capital claimed that they closed the debt due to fraud, and the account would not be sold. Resurgent Capital either sold or released the debt that was caused by identity theft to another collection agency by the name of Apex Business Solutions which is to say the least could possibly be a violation of FCRA 615 (f), 15 U.S.C 1681 m(f) Prohibition on sale of Debt Caused by Identity Theft. 2. Apex Business Solutions is a collection agency trying to collect on a debt that was prohibited from being sold due to identity theft. Apex Business Solution could possibly be in violation of Section 807 of the FDCPA 1692e including but not limited to Falsely representing the character, amount, or legal status of the debt that they are trying to collect that is a result of identity theft, which should not be in their possession in the first place. Furthermore, Apex in their correspondence was attempting to get me to settle this debt by using some type of language that the debt will be discharged and reported to the I.R.S through a 1099-C filing for the 2021 tax year as and uncollectable debt. However IRS 2021 Instructions for Forms 1099A and 1099C state: Do not file form 1099C when fraudulent debt is canceled due to identity theft. Your help is needed in this situation. Thank you for your time and consideration

Working with a BAD DEBT COLLECTOR They have violated my credit report over and over again.....NOW I would like to file a law suit against them Can discuss in further details later

A debt collector placed a debt on my report without a notice sent to me only a demand for payment and before I had the chance to dispute furnished to my report. Couple days later