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Craig K. Perry
Know Your Rights
Most people are unaware of their rights under the federal law, the Fair Credit Reporting Act, beginning at 15 U.S.C. § 1681.
Many consumers wrongly assume that if you find an error on your credit report, you can automatically seek legal recourse against the person who is misreporting the information (the furnisher), and against the consumer reporting agencies that are reporting the inaccurate information. This is not correct.
You cannot maintain a private action against a furnisher or consumer reporting agency until after you have written a proper dispute letter to each reporting agency that is misreporting the information, identifying the problem and why it needs to be correcting. The consumer reporting agency receiving your letter must contact the furnisher of the information to confirm whether the information is correctly being reported. If it is not properly addressed through the conducting of a reasonable investigation then can maintain a legal against the furnisher, consumer reporting agenices, or both, for failure to conduct a proper reinvestigation of the error.
Again, you must address the errors in a letter that you prepare and send yourself. Be specific
in your letter. The CRAs must report the dispute accurately to th furnishers. The furnisher must confirm that part of the dispute that is in dispute.
The furnisher's investigation must be reasonable, and is based upon what the CRA provided to them in performing an investigation is reasonable under the circumstances. We are interested in pursuing both individual and class action lawsuits for various violations of the FCRA. The FCRA provides for statutory attorney's fees and costs for these violations.