A credit report can affect whether you qualify for a mortgage, auto loan, apartment, credit card or other financial opportunities, so it is important to take action when inaccurate information appears on your report. The good news is that you do not have to simply accept an inaccurate credit report. Federal law gives you the right to dispute inaccurate or incomplete information with the credit reporting company and the company that provided the information. If the problem is not properly corrected after you dispute it, you may have additional legal options under the Fair Credit Reporting Act (FCRA). This guide explains what to do if you find an error on a report from Experian, Equifax or TransUnion, including where to send your dispute, what documentation to include, how long the investigation can take and what to do if the error remains.
Important: Not every credit report error automatically means you have a lawsuit. Your rights and potential remedies depend on the facts, including what was reported, who reported it, whether the information was inaccurate, how you disputed it and what happened afterward.
Featured Verdict: A Major FCRA Victory
Ramos Law’s Consumer Protection team has experience handling serious credit reporting cases. In one notable FCRA case, Ramos Law represented Justin Peters, an Air Force reservist whose mortgage lender incorrectly reported him as late on a payment after misapplying his payment. Although the company acknowledged the error internally, the inaccurate reporting was not properly corrected, resulting in significant consequences for Peters.
The case ultimately resulted in an $800,000 jury award for non-economic damages, which was later reduced by the judge to $250,000. The verdict was ultimately upheld on appeal. The case demonstrates how inaccurate credit reporting can have consequences far beyond a three-digit credit score.
Disclaimer: Past results and verdicts do not guarantee or predict future outcomes. Every legal matter depends on its unique facts and circumstances.
Step 1: Get Your Credit Reports
Before you can dispute an error, you need to identify exactly what is being reported. Start by getting your credit reports from Experian, Equifax and TransUnion.
The official source for obtaining your reports is: AnnualCreditReport.com
You can request reports from all three major credit reporting companies through the site. Checking your own credit report through AnnualCreditReport.com does not hurt your credit score.
Why check all three?
The information on your Experian report may not be identical to the information on your Equifax or TransUnion report. An account might appear on one report but not another. An incorrect payment history may appear differently between bureaus. An account belonging to another person could also appear on one or multiple reports. Review each report carefully.
Step 2: Look for Credit Report Errors
Do not only look at your credit score. Review the actual information contained in your reports.
Common credit reporting errors include:
- Accounts that do not belong to you
- Information belonging to another person
- Incorrect late or missed payments
- Incorrect account balances
- Incorrect credit limits
- Accounts reported as open when they are closed
- Accounts reported as delinquent when they are current
- Incorrect dates
- Duplicate accounts
- Incorrect account ownership
- Outdated information
- Identity-theft-related accounts
- Information that was previously deleted but later reappeared
Federal law identifies a mixed file as one type of credit reporting error. A mixed file occurs when information belonging to another consumer becomes associated with your credit file, often because identifying information is similar.
Mixed files are errors, but not every credit report error is a mixed file.
For example, an incorrectly reported late payment on your own credit card account may be a credit reporting error without being a mixed-file problem.
Identity theft can also result in information belonging to someone else appearing on your report. If you believe identity theft is involved, additional steps may be appropriate, including reporting the identity theft through IdentityTheft.gov
Step 3: Gather Your Evidence
Before submitting your dispute, gather documents that support your position.
Depending on the error, useful documentation could include:
- Bank statements
- Payment confirmations
- Account statements
- Payoff letters
- Account closure letters
- Court documents
- Bankruptcy documents
- Identity theft reports
- Police reports
- FTC identity theft reports
- Correspondence with the creditor or collector
- Letters confirming an account was corrected
- Previous dispute results
- Other documents showing why the information is inaccurate
Send copies, not your original documents.
The goal is to make it easy for the credit reporting company to understand exactly what is wrong and why the information should be corrected.
Step 4: Dispute the Error With the Credit Bureau
You must submit separate disputes individually to each credit bureau reporting the error (Experian, Equifax, and TransUnion).
Financial institutions recommend explaining in writing:
- What information is incorrect
- Why the information is incorrect
- What you believe the correct information should be
- What documents support your dispute
Here is a sample dispute letter and instructions you can use as a starting point.
You can dispute errors online or by mail. If you mail your dispute, consider using certified mail and keeping your mailing receipt and tracking information.
Where to Send Your Credit Dispute
Experian
Dispute by Mail:
P.O. Box 4500
Allen, TX 75013
Dispute by Phone:
1-888-397-3742
Experian: Set Up Free Account & Dispute Online
Experian allows consumers to complete the dispute process online, by phone, or by mail. If mailing your dispute, send copies of your supporting documents rather than originals.
Equifax Information Services LLC
Dispute by Mail:
P.O. Box 740256
Atlanta, GA 30374
Dispute by Phone:
1-866-349-5191
Equifax: Set Up Free Account & Dispute Online
You can complete the dispute process with Equifax online, by phone, or by mail.
TransUnion Consumer Solutions
Dispute by Mail:
P.O. Box 2000
Chester, PA 19016-2000
Dispute by Phone:
1-800-916-8800
TransUnion: Set Up Free Account & Dispute Online
TransUnion accepts disputes online, by phone, or by mail. Standard or certified mail may be used when submitting by mail.
Note on Credit Freezes: Consider placing a credit freeze with each bureau. A credit freeze is a free tool that completely locks down your credit report, preventing identity thieves from opening new unauthorized accounts in your name.
Step 5: Dispute the Error With the Company That Reported It
Do not stop with the credit bureau. The company that provided the information to the credit bureau is called the furnisher. This could be a bank, credit card company, lender, collection agency or another business.
For example:
Your credit report says your credit card payment was 90 days late, but you have bank records showing the payment was made on time.
You should dispute the inaccurate information with the credit reporting company and the company that reported the information. Bureaus specifically recommends disputing inaccurate information with both the credit reporting company and the furnisher. You can generally find the furnisher’s dispute address on your credit report or on the company’s website.
Step 6: Keep a Complete Paper Trail
This step is easy to overlook, but it can become extremely important if the problem is not corrected.
Keep copies of:
- Your original credit reports
- Your dispute letter
- Every document you submitted
- Certified mail receipts
- Delivery confirmations
- Online dispute confirmation numbers
- Emails
- Letters from the credit bureau
- Investigation results
- Updated credit reports
- Communications with the furnisher
- Evidence of any harm caused by the inaccurate reporting
Create a folder (physical or digital) for everything related to the dispute. If you eventually need to pursue a legal claim, this documentation can help establish what happened and when.
Step 7: Wait for the Investigation
Credit reporting companies generally must investigate a properly submitted dispute within 30 days.
There are circumstances in which the investigation period can extend to 45 days, including certain disputes involving additional information submitted during the investigation or disputes made after receiving a free annual credit report. The credit reporting company generally must notify you of the results after completing its investigation.
The investigation should determine whether the disputed information is accurate, inaccurate, incomplete or cannot be verified. If the information is inaccurate or cannot be verified, it generally must be corrected or deleted.
Step 8: Review the Results
When you receive the results, do not assume the problem has been fixed.
Get a new copy of your credit report and check the specific account or information you disputed.
Ask:
- Was the inaccurate information removed?
- Was it corrected?
- Is the account still reporting incorrectly?
- Did the same information appear again?
- Did another credit bureau continue reporting it?
- Did the furnisher continue providing inaccurate information?
- Did the investigation actually address the evidence you submitted?
If the error was corrected, keep your documentation.
If the error remains, you may have additional options.
What If the Credit Bureau Says the Information Is Accurate?
A dispute being denied does not necessarily mean the matter is over.
If you believe the information is still inaccurate, you can review the investigation results and consider your next steps. Depending on the circumstances, you may be able to submit additional documentation, dispute the information again or add a statement to your credit file explaining your dispute.
The FCRA also allows consumers to submit complaints about credit reporting companies, but it requires consumers to first dispute inaccurate or incomplete information directly with the credit reporting company. The current complaint guidance says consumers generally should wait until the dispute is no longer pending or 45 days have passed before submitting a complaint about the unresolved dispute.
What If the Error Still Isn’t Fixed?
At this point, you may want to consider whether the reporting problem could support a legal claim. The FCRA establishes requirements for consumer reporting agencies and provides consumers with rights when inaccurate information is reported and not properly investigated or corrected.
Depending on the facts, a violation may result in potential recovery for actual damages. Willful violations can potentially support statutory damages, punitive damages and attorney’s fees. Negligent violations may also support actual damages and attorney’s fees in a successful action.
Importantly, not every credit reporting error automatically creates a lawsuit. The specific facts matter.
That can include:
- What information was reported
- Whether the information was actually inaccurate
- Who provided the information
- Whether you properly disputed the information
- What evidence you provided
- How the company investigated the dispute
- Whether the company corrected the information
- Whether inaccurate information continued to be reported
- What harm resulted from the reporting
There are also time limits for bringing an FCRA claim. Federal law generally requires an action to be brought no later than the earlier of two years after the consumer discovers the violation or five years after the violation occurs.
Legal Options for Unresolved Credit Report Errors?
If you have completed the dispute process and the problem remains unresolved, there are generally two paths you may consider.
Option 1: Small Claims Court
Small claims court may be an option for certain smaller disputes, depending on your state, the amount involved and the type of claim. You would generally file the appropriate court forms with your local court or county clerk and pay a filing fee. Small claims procedures and monetary limits vary significantly by state.
Before choosing this route, make sure you understand whether your particular FCRA claim can be brought in small claims court and whether the court can provide the remedy you are seeking.
Option 2: Talk With an FCRA Attorney
An attorney who handles consumer protection and FCRA cases can review your dispute history, credit reports, supporting documentation and the conduct of the companies involved.
In some successful FCRA cases, federal law provides for recovery of attorney’s fees and litigation costs. Depending on the circumstances, an attorney may also be willing to handle a case on a contingency or other fee arrangement.
How Ramos Law Can Help With Credit Reporting Errors
If you have already disputed an inaccurate credit report and the problem has not been properly resolved, Ramos Law’s Consumer Protection team can review what happened and help you understand your legal options.
Matthew Osborne, JD, is the Director of Consumer Protection at Ramos Law. Matt has nearly two decades of experience in consumer law, including credit reporting disputes, the FCRA and courtroom litigation. He and his team have secured significant results for consumers, including the FCRA jury verdict highlighted above.
Our team can review:
- Your credit reports
- The specific inaccurate information
- Your dispute letters
- Supporting documentation
- Responses from Experian, Equifax or TransUnion
- Communications from the furnisher
- The results of the investigation
- Potential harm caused by the reporting
- Whether the facts may support an FCRA claim
You do not need to figure out the entire legal process on your own.
If you have already formally disputed a credit reporting error and it was denied, ignored or not properly corrected, contact Ramos Law for a free case evaluation.
Frequently Asked Questions About Credit Report Errors
Can I sue Experian, Equifax or TransUnion for a credit report error?
Potentially. The FCRA gives consumers rights concerning inaccurate or incomplete information in consumer reports. However, an inaccurate item does not automatically mean that a lawsuit exists. The circumstances surrounding the error, your dispute, the investigation and any resulting harm all matter.
Do I have to dispute the error before suing a credit bureau?
For many FCRA accuracy claims involving a credit reporting agency, disputing the information is an important part of establishing the agency’s duties and potential liability. Bureaus recommends first disputing inaccurate information directly with the credit reporting company.
If you believe you may have a legal claim, speak with an attorney about your specific circumstances rather than assuming that a particular dispute process applies to every type of claim.
How long does a credit bureau have to investigate a dispute?
A credit reporting company generally has 30 days to investigate a dispute. In certain circumstances, the investigation period can extend to 45 days.
What are common credit report errors?
Common errors include accounts that do not belong to you, mixed files, incorrect payment histories, inaccurate balances, duplicate accounts, incorrect account statuses, outdated information and identity-theft-related accounts.
What is a mixed credit file?
A mixed credit file occurs when information belonging to another person becomes associated with your credit file. This can happen when consumers have similar identifying information, such as names, addresses or other identifying details.
A mixed file is one type of credit reporting error. Not every credit reporting error is a mixed file.
Could identity theft cause a mixed credit file?
Yes. Identity theft can result in accounts or other information associated with another person’s activity appearing on your credit report.
If you believe you are a victim of identity theft, you can report it and create a recovery plan through IdentityTheft.gov
Should I dispute the error with the creditor too?
Yes. Federal law recommends disputing inaccurate information with both the credit reporting company and the company that provided the information.
Should I send my dispute by certified mail?
You can dispute credit report errors online or by mail. If you choose to mail your dispute, certified mail can provide documentation that you sent the dispute and when it was delivered.
Keep your receipt, tracking information and a complete copy of everything you sent.
What if the credit bureau says the information is accurate?
Review the investigation results and the updated credit report carefully. If you still believe the information is inaccurate, you may have additional options, including providing additional documentation, submitting another dispute, requesting that a statement be added to your file or submitting a complaint after the applicable dispute period.
If the issue remains unresolved, you can also have an FCRA attorney review the circumstances.
Can I remove accurate negative information from my credit report?
Generally, no. Accurate negative information is not automatically removable simply because it hurts your credit. The FCRA gives consumers rights to dispute inaccurate or incomplete information, not to remove information merely because it is negative.
Do I need an attorney to dispute a credit report error?
No. You have the right to dispute inaccurate information yourself, and the dispute process is generally free.
However, if you have already disputed the error and it remains unresolved, an attorney can review the dispute, investigation and available evidence to determine whether you may have a legal claim.
How much does it cost to hire an FCRA attorney?
It depends on the attorney and the circumstances of the case. Some consumer protection attorneys handle FCRA cases under arrangements where the consumer does not pay traditional hourly legal fees, and federal law can allow successful plaintiffs to recover reasonable attorney’s fees and litigation costs.
Ask the attorney about the fee arrangement during your initial consultation.
How long do I have to bring an FCRA lawsuit?
Federal law generally provides that an FCRA action must be brought no later than the earlier of two years after the date you discover the violation or five years after the violation occurs. Because deadlines can depend on the facts, do not wait to get legal advice if you believe you may have a claim.
Your Credit Report Should Reflect Your Information
A credit report can influence major financial decisions. If you find inaccurate information, start by getting your reports, documenting the error and formally disputing it with the appropriate credit reporting company and the company that furnished the information.
If the problem is corrected, keep your records. If it isn’t, you may have additional options.
If you have already disputed a credit reporting error and the issue remains unresolved, Ramos Law’s Consumer Protection team can review your situation and help you understand what comes next.
Legal Disclaimer: The information on this page is provided for general informational purposes only and does not constitute legal advice. Prior results do not guarantee a similar outcome. Every case is different and must be evaluated based on its individual facts and circumstances. Viewing this website does not create an attorney-client relationship. No fee unless we win refers to attorney fees. Clients may still be responsible for costs or court-ordered fees.