A credit-report error can involve information that is inaccurate, incomplete, belongs to someone else, or creates a materially misleading impression. Common problems include incorrect account ownership, balances, payment histories, dates, bankruptcy treatment, collections, and personal identifiers.
Fowkes & Hasanbasic represents consumers throughout Florida in Fair Credit Reporting Act cases involving inaccurate consumer reports and inadequate investigations. We evaluate potential matters without charge, and clients pay no out-of-pocket attorney’s fees to retain the firm for an accepted FCRA case.
For a free case review, call (727) 500-1010.
Contents
Do You Have an Actionable Credit-Report Error?
You may have an FCRA claim when information is inaccurate or materially misleading, a credit bureau or furnisher fails to comply with a specific legal duty, and that failure causes harm. An error alone does not automatically establish liability. The report, dispute path, investigation, responsible company, and resulting injury must be evaluated.
What Counts as a Credit-Report Error?
- An account or collection that does not belong to you
- An incorrect balance, credit limit, or past-due amount
- False late payments or delinquency dates
- A closed account reported as open, or an open account reported as closed
- Duplicate reporting of the same obligation
- Incorrect responsibility, such as individual liability instead of authorized-user status
- A debt discharged in bankruptcy reported with a misleading balance, status, or collection history
- Outdated information reported beyond an applicable FCRA period
- Incorrect names, addresses, employers, or identifying information
Accurate negative information generally cannot be removed merely because it is unfavorable. The question is whether the information is accurate and complete enough not to mislead the report’s intended user.
Credit Bureau vs. Furnisher
| Consumer reporting agency | Information furnisher |
|---|---|
| Compiles and provides consumer reports. | Supplies account or payment information to reporting agencies. |
| Must follow reasonable procedures designed to assure maximum possible accuracy. | Has duties after receiving dispute notice from a reporting agency. |
| Must reasonably reinvestigate qualifying consumer disputes. | Must investigate, review relevant information, and report appropriate results under § 1681s-2(b). |
Inaccurate vs. Accurate but Negative
| Potentially inaccurate or misleading | Accurate negative information |
|---|---|
| The account belongs to someone else or resulted from identity theft. | The consumer actually incurred the obligation and the status is reported correctly. |
| The balance, payment history, status, dates, or responsibility are wrong or materially incomplete. | Late payments, defaults, or collections are current, complete, and accurately attributed. |
| The information may be disputed and corrected under the FCRA. | The FCRA does not provide a right to remove current, accurate negative information merely to improve a score. |
What Does the FCRA Require?
Reasonable procedures for accuracy
Under 15 U.S.C. § 1681e(b), a consumer reporting agency preparing a report must follow reasonable procedures designed to assure maximum possible accuracy.
Reasonable reinvestigation
Under 15 U.S.C. § 1681i, a reporting agency generally must reasonably reinvestigate a qualifying dispute, consider relevant information, and correct or delete inaccurate, incomplete, or unverifiable information as required.
Furnisher duties after bureau notice
After a bureau transmits notice of a dispute, the furnisher may have investigation and reporting duties under 15 U.S.C. § 1681s-2(b). A direct complaint to the furnisher does not necessarily create the same private claim.
Choose the Problem That Best Matches Your Report
- Mixed credit file: another consumer’s accounts or identifiers appear in your file
- Identity theft: fraudulent accounts or transactions were created using your identity
- Unauthorized inquiry: a company may have obtained your report without a permissible purpose
- Furnisher investigation failure: a creditor, servicer, or collector inadequately investigated a bureau dispute
- Reinsertion: information deleted through a reinvestigation later returned
- Employment screening: inaccurate background information affected a job
- Tenant screening: inaccurate information affected housing
How to Prepare a Focused Credit Dispute
- Save complete reports. Preserve the entire report, not only a screenshot of one account.
- Identify every specific error. List the bureau, furnisher, account, balance, dates, status, and exact correction requested.
- Explain why it is wrong. A focused factual explanation is more useful than a generic statement that an item is “incorrect.”
- Attach relevant records. Use account statements, payment records, identity-theft reports, court papers, bankruptcy documents, or other records that directly establish the error.
- Dispute with each bureau reporting the error. Files may differ among Equifax, Experian, TransUnion, and specialty reporting companies.
- Dispute with the furnisher when appropriate. The CFPB recommends contacting both the reporting company and the business that supplied the information.
- Preserve every response. Save results, updated reports, letters, emails, envelopes, and proof of delivery.
- Document harm. Keep denial notices, loan terms, housing or employment communications, costs, and contemporaneous evidence of emotional distress.
See the CFPB’s official guidance on disputing credit-report errors and its sample dispute letters.
What Evidence Matters?
- Complete reports before and after each dispute
- Account agreements, statements, payment records, and correspondence
- Every dispute and supporting attachment
- Proof of bureau receipt and investigation results
- Communications between the bureau and furnisher
- Documents establishing identity, account ownership, status, or court disposition
- Adverse-action notices, score records, loan terms, housing or employment communications
- Evidence of financial loss, time spent, embarrassment, frustration, or emotional distress
Example of a Potential Credit-Reporting Claim
A Florida consumer disputes an account balance and payment status and supplies statements directly contradicting the report. The bureau and furnisher verify the same data without addressing the documents. The inaccurate information remains and contributes to a denial or materially worse credit terms.
The legal analysis includes whether the reporting was inaccurate or misleading, what notice each company received, whether its procedures or investigation were reasonable, and what harm the continued reporting caused.
This example is illustrative only. Liability and damages depend on the individual evidence.
Potential Damages Under the FCRA
- Actual damages: Potentially including denials, increased borrowing costs, lost opportunities, expenses, and supported emotional distress.
- Statutory damages: For willful noncompliance, $100 to $1,000 may be available as an alternative to actual damages under 15 U.S.C. § 1681n.
- Punitive damages: Potentially available for willful noncompliance.
- Attorney’s fees and costs: A prevailing consumer may recover reasonable fees and costs under applicable provisions.
No particular remedy is automatic. The statutory duty, violation, state of mind, causation, and injury must be supported by evidence.
Frequently Asked Questions
Does any credit-report error create an FCRA lawsuit?
No. Liability also depends on the defendant’s duty and conduct, notice, causation, injury, and supporting evidence.
Should I dispute with the bureau or creditor?
The CFPB recommends disputing with both. A bureau-transmitted dispute is generally important for a private furnisher claim under § 1681s-2(b).
How long does a bureau have to investigate?
The general period is 30 days, subject to statutory provisions that may extend or otherwise affect timing.
What if the result says “verified as accurate”?
That phrase does not reveal what was reviewed or whether the investigation was reasonable. Compare the dispute, documents, results, and updated report.
Can I remove accurate negative information?
Generally not merely because it is unfavorable. Accurate information may still require correction if it is duplicated or presented in a materially misleading way.
Do I need a credit denial?
Not necessarily, but an adverse-action notice or unfavorable terms can provide important evidence of publication, causation, and damages.
Can emotional distress be recovered?
Supported emotional distress may qualify as actual damages when caused by an actionable violation. The evidence and credibility matter.
Why Choose Fowkes & Hasanbasic?
- Florida consumer-law attorneys with substantial FCRA litigation experience
- Representation available throughout Florida
- Direct attorney evaluation of potential claims
- No charge for the initial case review
- No out-of-pocket attorney’s fees to retain the firm for an accepted FCRA case
Request a Free Credit-Report Case Review
If inaccurate information remains after a dispute, preserve the reports, supporting documents, results, and evidence of harm and contact Fowkes & Hasanbasic.
Call (727) 500-1010.
Return to the Florida FCRA Lawyers main page
Paul R. Fowkes, Esq., is a co-founding shareholder of Fowkes & Hasanbasic and has more than 20 years of experience handling consumer-related claims in Florida. His practice includes FCRA litigation involving credit bureaus, furnishers, mixed files, identity theft, inaccurate account reporting, and consumer disputes.
Read Paul Fowkes’s biography or verify his license through The Florida Bar.
This page provides general information and is not legal advice. Reading it or contacting the firm does not create an attorney-client relationship. Past experience does not guarantee a particular outcome.