Consumers have many rights under federal law. Among these is the right to have a fair and accurate credit report, background check, and employee report. Unfortunately, companies providing these services often fail in this obligation. This can result in you facing higher interest rates on loans, being denied on an application, or even accounts entering collections. Inaccurate background checks could see you lose out on a new job or place to live.
A consumer protection lawyer could help you to seek out a remedy. Our dedicated attorneys could take the necessary steps to bring an error to the attention of the bureaus, evaluate your losses, and demand appropriate remedies through settlements or lawsuits. We work on contingency, meaning if we fail to recover compensation for you, there is no fee for our services.
Inaccurate credit reports can occur for a variety of reasons. The most common include a false missed payment mark, a failure on the part of a financer to provide up-to-date information, and identity theft. It is also possible that a background check company could report an arrest that never occurred or state that a person is in default on a court judgment.
At the minimum, a person with an improperly negative report may find that they face higher interest rates on loans. This could add thousands to a potential payment plan. In other situations, a lower credit score could result in a denial of financing for necessary home repairs, a new vehicle, or even a place to live.
Similar concepts apply to the use of background checks. The FCRA requires these companies to produce accurate information on these reports. Unfixed errors could result in the loss of employment opportunities or rejections on housing applications.
Being able to calculate how an inaccurate report has impacted your life is essential to protecting your legal rights. A consumer protection attorney could take the lead in this process as a step towards recovering the compensation that you deserve.
The Fair Credit Reporting Act (FCRA) provides that all credit reporting companies have a duty to provide accurate information concerning your credit history and background. A major part of this includes thoroughly investigating allegations that a credit report is inaccurate. Once a company receives this report, it must act quickly to take appropriate steps to resolve the matter. It is when a failure to take these steps results in financial harm that you have the right to demand a remedy.
The providers of background checks must also act when an apparent error comes to their attentions. The FCRA holds these companies to the same standards as those who provide credit reports.
The nature of this remedy depends upon the nature of the reporting company’s failure. If the error is the result of a mistake or simple error, the law says that you can demand compensation in the amount of your actual losses. A consumer protection lawyer in could help to calculate those losses.
The other potential remedy is available when an error is the product of willful misconduct. This could include intentionally ignoring evidence of an error. Here, the law says that all people can demand a remedy of between $100 and $1,000, even if the error did not impact their finances. They also have the option of demanding compensation in the amount of their actual losses.
The credit agencies and background check companies have an affirmative duty under the law to produce accurate reports and take allegations of errors seriously. Whether this error was the product of identity theft, an improper submission of data from a credit card company, or a mistake concerning your identity on a report, reporting companies must take these matters seriously. A failure to adhere to this duty means that these companies are liable for all resulting damage.
A consumer protection lawyer could help you to pursue appropriate compensation. This could result in the receipt of the payments you need to regain financial stability. We work on contingency, meaning that if you do not recover compensation, our legal services are free. Contact us today to make an appointment.