What are my remedies if a credit reporting agency doesn't remove inaccurate information from my credit file?

If a credit reporting agency (“CRA”) fails to remove inaccurate information from your credit file, the Fair Credit Reporting Act (“FCRA”) allows you to file a lawsuit against the CRA. A lawsuit against the CRA will be filed in federal court (because the matter concerns a federal law - the FCRA). In addition to seeking the credit file be corrected, you can seek actual damages (such as a loss of funds due to the mistake if it involved financing, for instance) and reasonable attorney’s fees for negligent (i.e. accidental) violations.[1]  If the violation of the FCRA is found to be willful, the Court can award actual damages or statutory damages from $100 to $1,000 per violation and punitive damages (which are damages the Court awards to punish the defendant(s) or to deter other people to take such actions).[2]

[2] 15 U.S.C. §1681n.

 

Kellam T. Parks
Managing Member of Parks Zeigler, PLLC