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Credit Reporting Errors
Most people entering adulthood will eventually come to familiarize themselves with their credit scores. This is simply part of growing up. Whether it is related to getting approved for loans, mortgages, tenancy, or even job opportunities – people want to know whether you are capable and have history of paying off your debts. As such, it is extremely important to ensure that the information on your credit report is complete and accurate. Fortunately, the Fair Credit Reporting Act (FCRA) regulates how credit reporting agencies collect, distribute, and manage your information. The FCRA also gives people an avenue of relief when these agencies commit violations in Philadelphia.
Common FCRA violations
The FCRA’s underlying purpose is to encourage that your credit information is accurate and private. Unsurprisingly, many credit reporting agencies often make various mistakes on credit reports, causing people financial hardship – including loss of financial opportunity. Some of the more common violations include:
Reporting inaccurate information: This can happen in many ways, including:
- Misstating due balances;
- Reporting payments as late when they were actually paid on time; or
- Misstating you as a debtor on a particular account when you were merely an authorized user.
Reporting old (outdated) information: Chapter 13 bankruptcy filings must cease to be reported after seven (7) years. Chapter 7 and Chapter 11 bankruptcies must cease after ten (10) years. Likewise, adverse civil judgment rendered against you must cease to be reported after 10 years.
Mixing files: This often happens when two people have the similar names and/or background information. One person’s credit file will then be mixed with the other, causing both to be inaccurate.
Understanding Your Rights: The Fair Credit Reporting Act
Employers beware
Credit bureaus are not the only entities subject to the FCRA requirements – employers who use one’s credit report for employment purposes are also bound by the FCRA. Employers who commit FCRA violations in Philadelphia often do it on a large scale involving numerous employees, subjecting themselves to class action lawsuits.
Recently, a class action lawsuit was filed against Chipotle Mexican Grill for FCRA violations (Mejia v. Chipotle Mexican Grill Inc., et al., Case No. 5:15-cv-01911). According to Top Class Action, the lawsuit alleges, “Chipotle has violated the Fair Credit Reporting Act in their application documents by asking applicants to sign their consent for background checks embedded and essentially “hidden” within a general consent agreement.”
The FCRA can be very problematic for employers because it focuses on technical nuances, requiring a detailed review of the Act for compliance.
Damages you can recover for an FCRA violation
Credit bureaus are not the only entities subject to the FCRA requirements – employers who use one’s credit report for employment purposes are also bound by the FCRA. Employers who commit FCRA violations in Philadelphia often do it on a large scale involving numerous employees, subjecting themselves to class action lawsuits.
Recently, a class action lawsuit was filed against Chipotle Mexican Grill for FCRA violations (Mejia v. Chipotle Mexican Grill Inc., et al., Case No. 5:15-cv-01911). According to Top Class Action, the lawsuit alleges, “Chipotle has violated the Fair Credit Reporting Act in their application documents by asking applicants to sign their consent for background checks embedded and essentially “hidden” within a general consent agreement.”
The FCRA can be very problematic for employers because it focuses on technical nuances, requiring a detailed review of the Act for compliance.
The Kim Law Firm, LLC (“KLF”) aggressively enforces consumer rights. We fight for the little guy.
Your matter is not just another case – at KLF we treat all legal needs with the same particular care and attention that they deserve because we understand no two cases are alike.
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Case results depend on a variety of factors, and prior results do not guarantee a similar outcome. The information on this website may not reflect current legal developments and is provided without any knowledge as to the reader/user’s specific circumstances. The application and impact of laws varies from jurisdiction to jurisdiction. Attorneys’ fees and compensation are provided from a successful resolution. The law firm has offices in Philadelphia, Pennsylvania and Cherry Hill, New Jersey.
Client Endorsements
When one of our lender decided to play games, Richard and Anna from Kim Law Firm came to the rescue. They were thorough, professional and timely on every step while delivering result better than expected! Not only they were able to solve our issue, they assured us through out the process on procedure, expected outcome and timeline. If you need help with anything credit related, look no further and reach out to Richard Kim and Kim Law Firm.
From the very beginning Rich was very clear on what he could do and what he couldn’t do legally. He took my case on a contingency basis and sued many defendants that were reporting inaccurate data on my credit reports. All of the incorrect information has since been removed and I was compensated. Rich is very professional and all of our communications took place virtually, by phone, and email. I would recommend the Kim Law Firm to anyone looking for a FCRA attorney.
The Kim Law Firm provided great services and I would 100% recommend them to anybody looking for an FCRA attorney. Anna, the paralegal, is amazingly helpful and quick to respond to any communication. Richard Kim kept me informed every step of the way and made sure I understood all the details of my case.
Rich helped advise me through some tough legal issues. His reasoning was sound and logical. Best of all, I could tell he had my well being in mind first. Would recommend him to anybody looking for a credit repair/FCRA attorney.