Dedicated Fair Credit Reporting Act Attorneys in Philadelphia - FCRA Lawyers

Credit reporting errors are more than just frustrating; they can affect your financial future. Our Fair Credit Reporting Act (FCRA) lawyers are dedicated to holding credit bureaus, creditors, and debt collectors accountable for their mistakes. If you've been affected by inaccurate credit reports, identity theft, or privacy violations, our experienced Fair Credit Reporting Act attorneys are here to protect your rights. We handle FCRA cases thoughout the greater Philadlephia area.

What Is the Fair Credit Reporting Act?

The Fair Credit Reporting Act (FCRA) was enacted to ensure the accuracy, fairness, and privacy of consumer information in credit reporting. It regulates how consumer credit information is collected, stored, shared, and used. For example, the FCRA determines how long negative information may appear on your credit report and what a creditor may report. Significantly, if a creditor, credit reporting agency (CRA), or another party violates these provisions, you have the right to seek legal recourse and financial damages.

Common FCRA Violations

Violations of the FCRA can significantly impact your financial well-being. Common violations include:

• Inaccurate Credit Reporting: Listing outdated, incorrect, or unverifiable information.
• Failure to Investigate Disputes: Ignoring or mishandling your disputes about inaccurate credit report entries.
• Unauthorized Access to Credit Reports: Allowing unauthorized parties to view your credit report.
• Identity Theft Complications: Mishandling cases of identity theft that result in incorrect credit reporting. FCRA claims often arise out of identity theft.
• Failure to Notify of Adverse Actions: Not informing you when your credit information is used against you.

If you've experienced any of these issues, you may be entitled to compensation. Don't let these violations go unchallenged.

The Statute of Limitations in FCRA Cases

The federal statute of limitations for an FCRA claim is two years after the date the plaintiff discovers the violation or five years after the date when the violation occurred, whichever is earlier. Therefore, speaking to an attorney as soon as you realize there may be false information on your credit report is essential. Moreover, you must dispute the information with the credit bureaus and receive a denial before filing an FCRA lawsuit. (See "Steps to Take If You Suspect an FCRA Violation" below.) If you wait until right before the statute of limitations expires, you may not have time to lose your claim.

Other Consumer Law Violations in FCRA Cases

When an FCRA violation is suspected, it is crucial to assess the situation for violations of other consumer statutes and laws. Many of these statutes provide for damages, punitive damages, and attorney's fees. Some common other violations include:

• The Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCPL) is designed to protect consumers and legitimate businesses from various deceptive or unfair practices in trade and commerce. It covers a wide range of activities that could be considered fraudulent or misleading and provides for treble damages for intentional acts.
• The Fair Debt Collection Practices Act (FDCPA) is a federal law that prevents creditors from engaging in certain behaviors and regulates how information may be reported to the credit bureaus.
• The Pennsylvania Fair Credit Extension Uniformity Act (PA-FCEUA) is the state version of the FDCPA and applies to both debt collectors and creditors in Pennsylvania.
• Defamation - False credit reporting that is intentional or negligent may give rise to a defamation claim, if the dissemination of incorrect information had a demonstrably negative impact on the individual's financial or personal reputation.
• Fraud - In some cases, one or more parties may have engaged in civil fraud.
• The Truth in Lending Act (TILA) requires lenders to provide consumers with clear and accurate disclosures of terms in lending arrangements. Misreporting this information on a credit report could violate TILA and the FCRA.
• The Fair Credit Billing Act (FCBA) is an amendment to the Truth in Lending Act. Its primary purpose is to protect consumers from unfair billing practices and to provide a mechanism for addressing billing errors in "open-end" credit accounts, such as credit card or charge card accounts. The FCBA allows consumers to dispute billing errors directly with their creditors, which must investigate and resolve the issues within a specified time frame.
• The Equal Credit Opportunity Act (ECOA) prohibits credit discrimination based on race, color, religion, national origin, sex, marital status, age, or because someone receives public assistance. Violations related to discriminatory reporting practices could lead to both ECOA and FCRA issues.
• The Identity Theft and Assumption Deterrence Act (ITADA) addresses the criminal consequences of identity theft, which can directly impact credit reporting.
• The Electronic Fund Transfer Act (EFTA) provides guidelines for electronic payments and transfers, including provisions for error resolution that might intersect with FCRA requirements if there are errors related to electronic transfers on credit reports.
• The Gramm-Leach-Bliley Act (GLBA) mainly deals with the privacy of consumer financial information held by financial institutions and how it is shared. Inaccuracies in reporting or handling this information could lead to FCRA violations.
• The U.S. Bankruptcy Code: The reporting of bankruptcy and its details on credit reports is regulated under the FCRA. Errors in reporting post-bankruptcy credit information could violate the bankruptcy discharge and the FCRA.

Quick Note: Most of the above statutes and laws have statutes of limitations, which vary from one year to several years.

How Our FCRA Attorneys Can Help

Navigating the complexities of the Fair Credit Reporting Act requires specialized knowledge. Our attorneys can:

1. Evaluate Your Case: We will first assess your situation to determine if your rights under the FCRA were violated.
2. Build a Strong Legal Strategy: Our team gathers evidence and works to build a compelling case.
3. Advocate for Compensation and Hold Violators Accountable: We fight to ensure you receive compensation for damages caused by FCRA violations, which may require filing a lawsuit under the FCRA, UFTPA, FDCPA, and other consumer protection laws.
4. Hold Violators Accountable: Whether it's a credit bureau, creditor, or other entity, we take action against those responsible.

Why Choose Us?

• Experience: Our litigators are experienced in dealing with aggressive creditors, debt collectors, and their law firms. We'll fight to reach the best outcome for you.
• Personalized Service: We provide tailored solutions to meet your unique needs.
• Low or No Upfront Fees in Most Cases: Depending on the circumstances of your FCRA case, we typically work on a contingency fee basis, meaning you don't pay unless we win.

Steps to Take If You Suspect an FCRA Violation

If you believe your rights under the FCRA have been violated, follow these steps:

1. Review your credit report: Obtain a free copy of your Equifax, Experian, and TransUnion credit reports from AnnualCreditReport.com and review them for inaccuracies.‍
2. Contact an FCRA attorney: Seek legal advice as soon as possible to protect your rights.
3. Dispute the inaccurate information: It is crucial to file disputes with each with each credit bureau. An FCRA lawyer can advise you on how to file a dispute.
4. If Identity theft is involved, consider filing a police report: A police report is valuable evidence if you claim identity theft. Also, freeze or lock your credit accounts to prevent further fraud. (You will need to unfreeze or unlock your reports temporarily to pull your credit reports.)
5. ‍Document the issue: Keep records of all correspondence with credit reporting agencies or creditors.

Contact Us for a Free Consultation

If you are dealing with inaccurate credit reports, privacy violations, or other FCRA issues, don't wait to seek help. Our dedicated Fair Credit Reporting Act attorneys are here to assist you. Contact us today for a free consultation and take the first step toward protecting your rights and restoring your financial reputation.

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