Many consumer protection laws are enforced at the federal level, and one of the strongest of these laws is the Fair Credit Reporting Act (FCRA). The purpose of the FCRA is to ensure credit reporting does not unfairly harm consumers. Millions of people in the United States are subject to credit checks for all financing and some legal matters. Whenever a credit report is conducted, the subject of the report could see their credit score drop or experience other negative financial effects.
Credit reporting agencies in the United States, such as Experian and Equifax, collect credit-related information on consumers to develop credit reports. Whenever a business needs to conduct a credit report on an individual, they will contact these credit reporting agencies to obtain the individual’s credit history. At its core, the FCRA manages how credit reporting agencies may obtain, store, and disburse individual credit data.
The Law Office of Quintin G. Shammam, led by Attorney Quintin Shammam, has years of experience assisting San Diego area clients with FCRA claims and other credit reporting cases. If a business or a credit reporting agency has made a mistake on your credit report, we can help you challenge it. If a mistake in your credit report has interrupted your life in any way or caused harm, such as a denial on a loan application or necessary financing of any kind, you may have grounds to seek compensation for the party responsible for the error. If you are unsure whether you have grounds to file an FCRA claim in San Diego, contact us today and set up a consultation with our team.
Potential Complications From Credit Reporting Mistakes
Your credit scores may be impacted from issues outside of your control or due to the intentional harmful actions of other parties. For example, if your credit cards were stolen and used for fraudulent purchases you did not authorize, this can lead to a series of legal issues that can be very difficult to resolve. Additionally, the cumulative effect of such an incident can lead to a privacy violation claim if your information was stolen through a data breach, an electronic fund transfer dispute if someone accessed your accounts without permission, and a host of other potential complications.
For example, if someone stole a credit card and used it to make purchases or signed up for a credit card using your stolen personal information, over time, the unpaid balance will impact your credit score. While you have an obligation to report any fraudulent or unauthorized activity to your financial institution as soon as you become aware of it, they have a fiduciary duty to protect your information and your assets once they are notified of the situation.
Credit reporting issues may arise from fraudulent purchases, charges for products that you never ordered and/or received, incorrect transaction amounts that were not your fault, or other mistakes on the part of your card issuer. When these issues go unchecked, a card issuer may impose fees and charge interest, or penalties for nonpayment can be applied. These issues, in turn, create credit reporting problems. You could be unfairly penalized for credit issues that were not your fault, and resolving these issues can be far more complex than you may expect.
Know Your Rights Under the FCRA
Once you have noticed an issue with your credit report, you must file a dispute with the appropriate credit reporting agency or agencies immediately. If you believe you are the victim of identity theft, you must report this to the credit reporting agencies immediately, and they will freeze reporting of your credit for 90 days. This ensures that if another party has stolen your identity, their actions will not impact your personal credit score.
An experienced San Diego consumer protection attorney can assist you in filing your dispute under the FCRA. When you notify a credit reporting agency of an error or fraudulent transactions harming your credit, they may provide you with a dispute form to complete. Otherwise, your attorney can assist you in drafting a letter outlining your dispute to the credit reporting agency.
Unfortunately, most the credit reporting agencies do not devote adequate time to investigating disputes. This can lead to the subject of the dispute experiencing further economic harm, including denials for necessary loans or financing. Additionally, the victim’s credit score may continue to drop the longer the dispute remains unresolved. However, having an experienced attorney assist you with your case will encourage the credit reporting agency to investigate your dispute more wholeheartedly, and you will also be readily available to conduct any necessary legal recourse against a credit reporting agency that fails to handle your dispute in good faith.
Recovery From an FCRA Dispute
When you choose the Law Office of Quintin G. Shammam to represent you in a credit reporting dispute, you will have access to years of professional experience in consumer protection law. The FCRA may be one of the most robust consumer protection laws in the country, but these cases are inherently complex and often involve multiple financial institutions. Whatever your individual case entails, you can rest assured that the team at the Law Office of Quintin G. Shammam will provide responsive legal guidance through every step of your dispute resolution process, including pursuing additional legal action if necessary to resolve your case.
While most FCRA disputes filed in the US pertain to unintentional errors, willful violations of the FCRA can occur. In the event that a credit reporting agency willfully violated your rights under the FCRA in any way, you legally have the right to recover anywhere from $100 to $1,000 per violation. Additionally, they will also need to repair the damage done to your credit score and provide proof that their resolution has effectively fixed your credit. When one violation has occurred, it is likely that others have also occurred that you may not immediately recognize. Having experienced legal counsel on your side provides a greater chance of identifying these issues quickly and exposing the full scope of the harm done to your credit, including when your situation involves multiple FCRA violations.
FAQs
Q: Do I Really Need to Hire a San Diego Consumer Protection Attorney for an FCRA Claim?
A: There may not be a legal requirement for you to hire an attorney if you want to file an FCRA claim, but having legal counsel you can trust for the process will significantly improve your chances of success with the case. Your attorney will know how to gather the documentation you will need to prove the truth of your situation and resolve your credit report issues as swiftly as possible.
Q: How Long Does It Take to Resolve an FCRA Claim?
A: Many people, unfortunately, face long and difficult legal proceedings when it comes to resolving their credit report disputes. Having an attorney’s assistance can streamline this process significantly. They will help you file your dispute letter with the most complete information possible, and they will also assist you in identifying the full scope of damages resulting from the credit reporting error. If your case involves identity theft or fraudulent electronic fund transfers of any kind, you will need your attorney’s assistance to resolve these related issues as well.
Q: How Do I File an FCRA Claim in San Diego?
A: Once you notice a problem with your credit reporting, you must file a dispute with the credit reporting agency immediately. This will launch an investigation into the matter that should take no longer than 30 days to resolve. You generally have 60 days from the date a fraudulent or mistaken transaction occurs to dispute it with your financial institution. It is always advisable to consult a San Diego consumer protection attorney as soon as possible to streamline this process.
Q: How Much Will It Cost to Hire a San Diego Consumer Protection Attorney?
A: It’s natural to worry about the potential cost of your legal representation, and every attorney uses different billing methods. Some attorneys charge hourly rates, so a client spends more depending on how long the attorney must spend working on their case. Attorneys may offer flat rate billing for very specific legal services, and when attorneys accept clients in civil claims for damages, they generally work on contingency. This means the client pays a percentage of their settlement to the attorney in lieu of ongoing legal fees, and they owe nothing if the attorney cannot secure a recovery on their behalf.
The team at the Law Office of Quintin G. Shammam has extensive professional experience with a wide range of consumer protection cases. While the consumer protection laws of the United States aim to provide robust legal and financial protection to the average person, they inherently involve very complex statutes and financial issues that the average person will likely struggle to understand and resolve on their own.
When you choose the Law Office of Quintin G. Shammam to represent you, you will have a dedicated legal team readily available to address any concerns you may have about your case as it unfolds, and you will be far more likely to reach a suitable outcome than you would if you tried to handle your FCRA dispute alone. If you are ready to learn how an experienced San Diego consumer protection attorney can help with your case, contact us today and set up a consultation with our team.