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Errors on credit reports happen more often than you might think. Maybe your credit report has accounts that aren’t yours – what do you do? Or perhaps someone else’s name and address is showing up on your report, leaving you wondering, “Why is my credit report showing someone else’s debt?” Errors like mixed files or fraudulent accounts from identity theft can be scary and frustrating. Not only can they tank your credit score, but they might also lead to loan denials, higher interest rates, or even lost job opportunities. You might be asking: if the credit bureaus mess up my credit report, can I sue them for the damage? The answer, thanks to a recent Supreme Court decision, is yes – but only if the error caused you a real harm. In this post, we’ll break down what that Supreme Court case (TransUnion LLC v. Ramirez) means for consumers, what counts as a “concrete” injury under the law, and how to fix errors like mixed information or identity theft on your credit report. We’ll keep it simple and practical – and by the end, you’ll know your rights and when to seek legal help to protect your credit.

The Supreme Court’s TransUnion v. Ramirez: “No Concrete Harm, No Standing”

A 2021 Supreme Court case called TransUnion LLC v. Ramirez has changed the game for credit report lawsuits. The case involved a nightmare scenario: TransUnion’s system erroneously flagged many law-abiding people as potential terrorists and drug traffickers on their credit reports. Sergio Ramirez, the lead plaintiff, discovered this when he was denied credit while buying a car because his credit file falsely suggested he was on a government terrorist watchlist. He sued TransUnion on behalf of thousands of consumers with similar false alerts on their reports.

The Supreme Court’s ruling in TransUnion v. Ramirez came down to a simple principle: “No concrete harm, no standing.” In plain English, this means you can’t sue in federal court unless you’ve suffered a concrete injury – a real, tangible harm. Just finding an error in your credit report isn’t enough by itself. The Court said that only the people whose credit reports were actually sent out to third parties (like lenders, employers, etc.) and thereby exposed the false information suffered a concrete injury and had standing to sue. For those folks, having a false terrorist alert disseminated was comparable to being defamed (being slandered), which has long been recognized as a real harm in law. But for thousands of other people in the class whose incorrect credit information was never provided to anyone, the Court ruled there was no concrete harm – and thus no standing to sue. In the Court’s view, the mere presence of incorrect information in a credit file, if no one ever sees or uses it, traditionally has not been enough to bring a lawsuit.

Importantly, the Supreme Court also clarified that a potential future injury isn’t enough to get into court for money damages. In other words, a risk that someone might see the error someday doesn’t count as a concrete injury by itself. (The Court noted that a risk of harm could justify a lawsuit for an injunction to prevent future harm, but not a claim for damages after the fact.) So, under TransUnion v. Ramirez, if the credit bureau’s error didn’t actually hurt you in a concrete way, you generally can’t sue for damages in federal court. This ruling tightened the legal requirements (known as “Article III standing”) for consumers suing over credit report errors. It was a big win for the credit bureaus, but a cautionary tale for consumers: you now must show a real injury – not just a technical violation of the Fair Credit Reporting Act – to have your day in court.

Concrete Injury: What Does It Mean for Credit Report Errors?

So, what exactly counts as a “concrete injury” when it comes to credit report errors? In simple terms, it means a real-world harm that you personally suffered because of the error. The Supreme Court underscored that an injury must be “real, and not abstract” to meet Article III’s requirements. Here are some examples to illustrate:

• Being denied credit or another opportunity: If you applied for a loan or credit card and were denied (or had to pay a higher interest rate) because of an inaccurate report, that’s a concrete harm. You missed out on something or paid more out-of-pocket due to the error – a clear injury to your finances and opportunities. Similarly, if a wrong item on your report cost you a job or an apartment, you’ve suffered a concrete harm.
• Out-of-pocket losses or damage to your finances: Say the error on your report caused your credit score to drop and you ended up paying higher insurance premiums or interest, or you spent money on fees, credit monitoring, or other services to deal with the fallout. Those financial costs are tangible harms. Even significant time and hassle spent fixing the mess might be argued as an injury (though time alone can be hard to quantify, it contributes to stress and potential lost income).
• Emotional distress or reputational harm: Being falsely labeled a fraudster or having your identity stolen can cause serious stress, anxiety, and reputational damage. Courts do sometimes recognize emotional distress and reputational harm as concrete injuries – but usually only if they’re tied to the kind of harm that’s traditionally been actionable (like defamation or invasion of privacy). For example, in the TransUnion case, having your report say you’re on a terrorist list that gets shown to a third party could be akin to defamation, which is a reputational harm long recognized in law. On the other hand, if no one but you ever knew about the false information, it’s harder to claim your reputation was actually hurt.

On the flip side, here are situations that likely do not qualify as concrete harm after the TransUnion decision:

• Errors that were never seen by anyone who mattered: If an account that isn’t yours sat on your credit report for a while but no lender or third party ever looked at your report during that time, you probably haven’t suffered a concrete injury. The error was “in the forest with no one around to hear it.” The Supreme Court explicitly held that the mere existence of inaccurate information in your file, without dissemination or other impact, is not a concrete harm under Article III.
• Technical or procedural violations with no impact: Suppose a credit bureau sent you a required notice in the wrong format, or they had an outdated address on file, but you still got the information eventually and nothing bad happened as a result. That kind of bare technical violation, without causing you any real confusion or delay in asserting your rights, would not meet the concrete injury test. (In the TransUnion case, for instance, all class members received their information in a “two-step” mailing instead of one, which was argued to violate the FCRA. The Court found that unless that format actually caused you to miss something or delayed your ability to correct an error, it’s not a concrete harm.)
• Exposure to a risk that never materialized: Maybe you found out about a false account on your report and worried you might be denied for a loan in the future – but then you fixed it and nothing bad ultimately happened. In such a case, you endured a risk of harm and certainly some stress, but if the bad outcome was averted, the Supreme Court says “mere risk of future harm, without more, cannot qualify as a concrete harm” when suing for damages. Essentially, if the problem gets resolved before it actually bites you, the law views it as “no harm, no foul.”

In summary, a concrete injury is a real hit you took because of the error, be it financial, reputational, or a clear violation of your rights that caused actual effects. If you can point to a rejection letter, a bill you had to pay, a drop in your credit score that cost you something, or a serious emotional fallout, you’re likely on solid ground. But if the error was corrected in time or remained hidden in your file without impacting your life, TransUnion says you probably can’t sue just to punish the credit bureau. This doesn’t mean such errors are okay – they’re still violations of the Fair Credit Reporting Act (FCRA) – but it does mean your legal remedies in court are limited unless you’ve been concretely harmed.

Next, let’s look at two common real-world scenarios: mixed credit files (when someone else’s information ends up on your report) and identity theft. We’ll explain how to fix these issues and how the “concrete harm” rule might affect you in each situation.

Why Is My Credit Report Showing Someone Else’s Debt?

One common credit report nightmare is when your file gets mixed up with someone else’s. You might pull your report and see a credit card or loan you never took out, or notice a wrong name or address on your credit report – is this legal? Not at all. When a credit bureau lists accounts that aren’t yours or merges another person’s data into your file, it’s often due to similar names, Social Security numbers, or just sloppy procedures. This is known as a “mixed file.” It’s definitely an error, and the law requires credit reporting agencies to prevent it: the FCRA says agencies must follow “reasonable procedures to assure maximum possible accuracy” of the information in your credit report. In other words, they’re supposed to keep John A. Smith separate from John B. Smith, and you separate from that stranger who once shared your apartment address. If they don’t, they’re violating your rights under the FCRA.

Now, seeing someone else’s debt on your report is alarming. You’re likely asking, “How do I fix someone else’s info on my credit report?” or “My credit report has accounts that aren’t mine – what do I do?” The good news is you can get these errors removed. Under the FCRA, you have the right to dispute any inaccurate information and the credit bureau must investigate and correct the mistake if it’s confirmed to be wrong. Here are some steps to fix a mixed-file error:

• Double-check all your reports: Obtain your credit reports from all three major bureaus (Equifax, Experian, and TransUnion) to see if the incorrect accounts or personal information appear on each of them. Make a list of every item that doesn’t belong to you, whether it’s an account, name, Social Security number, or address. Also gather any documents that support your identity and ownership (or non-ownership) of accounts – for example, proof of your SSN, letters from creditors, etc.
• Dispute the errors with the credit bureaus: Contact each credit reporting company that shows the erroneous information and file a dispute. You should do this in writing (often the most thorough method). Explain what information is wrong and why, and include copies of documents that back you up. Clearly state that the account/debt is not yours (or the name/address is not you) and ask them to remove or correct it. The CFPB even provides sample dispute letters you can use. When the bureau receives your dispute, it must investigate and forward all relevant information to the creditor or data furnisher that reported the info. Generally, the credit bureau has 30 days to investigate and respond to your dispute (they can take 45 days in some cases), and they must fix any inaccuracies or delete information that can’t be verified. By law, they have to notify you of the results and send you a free copy of your updated report if a change is made.
• Follow up and escalate if necessary: If the credit bureau claims the information is correct when you know it isn’t, you have a couple of options. You can dispute it again with additional evidence. You also have the right to add a statement to your credit report explaining that the account is not yours – this won’t fix your credit score, but anyone manually reviewing your report will see your side of the story. Additionally, you can file a complaint with the CFPB if you’re not getting a resolution. The CFPB can investigate patterns of problems and sometimes help mediate. And of course, if all else fails and you have suffered a concrete harm from the unresolved error (for example, you were denied a loan because of that account), you should talk to an attorney at Consumer Litigation Associates about possibly taking legal action.

Fixing a mixed file error can feel tedious, but it’s important to act quickly. How long does it take to fix errors on my credit report? Usually about a month or so after you dispute, the credit bureau has to investigate within 30 days and promptly correct the data if it’s wrong. In complex cases or if you need to dispute multiple times, it could take a bit longer, but don’t lose hope. Every inaccurate account you remove is a win for your credit health.

Now, let’s tie this back to the “concrete harm” requirement from TransUnion v. Ramirez. Suppose your credit report was mixed with someone else’s and showed, say, their defaulted loan. This is clearly a violation of FCRA’s accuracy mandate. If you caught it early and got it removed before it affected anything, you likely avoided actual damage – which is great for you, but it means you likely can’t sue for money over it because there was “no harm, no foul.” The Supreme Court would view it as an error that got fixed without concrete injury. However, if that mixed file error did hurt you – for example, your mortgage application got rejected or your auto insurance rates spiked because your report wrongly showed someone else’s delinquent debt, then you’ve suffered a real harm. In that scenario, you could have grounds to sue the credit bureau for failing to maintain reasonable procedures and for any damages you suffered. In fact, the FCRA allows consumers to recover actual damages, statutory damages, and even punitive damages for willful violations of the law (plus attorney’s fees). Just remember, after the TransUnion decision, each individual in a lawsuit needs to show their own concrete harm. So if a group of people had the same mixed file issue, those who were harmed could pursue a case, but anyone who was lucky enough to escape harm would likely be left out.

Bottom line: A wrong debt on your report that isn’t yours is never legal, and you should get it corrected ASAP. You might be thinking, “Wrong name and address on my credit report – is this legal?” It’s not – it indicates a error that the bureau must fix. Focus first on cleaning up the error through disputes. If that error ended up costing you, know that the law still has your back, you just need that concrete evidence of harm to move forward with a lawsuit. And if you’re unsure, a quick chat with an attorney at Consumer Litigation Associates can help determine your options.

Identity Theft: How to Remove Fraudulent Accounts from Your Credit Report

Another painful situation is when identity theft wreaks havoc on your credit report. Unlike a mixed file, where someone else’s info is mistakenly tagged as yours, identity theft means a fraudster really did use your identity, and opened accounts or incurred debts in your name. The result on your credit report looks similar (accounts you never opened, addresses you never lived at, collection notices for mystery debts, etc.), but the solution involves a few extra steps. If you’re seeing signs of identity theft on your report, you’re likely panicking: “How do I remove fraudulent accounts from my credit?” or “How to dispute identity theft on a credit report?” Take a deep breath, there’s a clear recovery process for this, and federal law is very much on your side.

Here’s what you should do if you suspect identity theft is behind the accounts on your credit report:

1. Report the identity theft and get an Identity Theft Report: Start by going to IdentityTheft.gov – the federal government’s one-stop resource for identity theft victims. This website (run by the FTC) walks you through reporting the theft and creates a personalized recovery plan. When you report through IdentityTheft.gov, it will generate an official Identity Theft Report (and optionally, you can also file a police report). An Identity Theft Report is a crucial document – it serves as proof that you’re a victim and gives you certain rights with the credit bureaus and creditors.
2. Place a fraud alert or freeze on your credit files: Contact one of the major credit bureaus and add a fraud alert to your credit profile (that bureau will notify the other two). A fraud alert is free and lasts one year (or seven years with an extended alert for identity theft victims). It tells creditors that you may be a victim of fraud and they should verify your identity before opening new accounts. For even stronger protection, consider a credit freeze with each bureau, which prevents anyone from accessing your credit report without your permission. This helps stop the identity thief from opening more accounts in your name while you sort things out.
3. Dispute the fraudulent accounts and errors on your credit report: This step overlaps with the normal dispute process, but with an identity theft twist. Write to each credit bureau that’s reporting the fraudulent account and inform them that the account is the result of identity theft. Include a copy of your Identity Theft Report, proof of your identity, and a clear statement that the account (or inquiry or address) is fraudulent and not yours. Under the FCRA, when you provide an Identity Theft Report, the credit bureaus must block the fraudulent information from your credit report – essentially remove it – within four business days, with no dispute investigation needed. This is called the FCRA’s blocking provision. You have the right to have fraudulent information removed from your credit report once you prove you’re an identity theft victim. Once blocked, that account or debt won’t show up on future credit reports, and debt collectors can’t pursue you for it. It’s one of the strongest protections in the law for identity theft victims. (Keep in mind, you must send the bureaus a copy of the Identity Theft Report for this to work. If you don’t have that report, you can still dispute the old-fashioned way, but the bureau has more leeway – it might take longer and they aren’t obligated to automatically remove the item.)
4. Contact the creditors directly (if needed): Often, once you have an Identity Theft Report and have notified the credit bureaus, you don’t need to personally contact every bank or company where the fraud occurred, the bureaus will inform the furnisher of the information about the block. Once a debt collector knows the debt is a result of identity theft, they should cease collection efforts.

Recovering from identity theft can be a headache, but taking these steps will resolve the credit report damage in most cases. The key is that the law recognizes you as a victim, not a debtor, and it forces credit bureaus and creditors to treat it that way by clearing your record of the fraudulent information.

Now, who can help fix my credit report after identity theft? First and foremost, use the free government tools at your disposal – IdentityTheft.gov will guide you through the process and even generate letters for you. Additionally, many states have consumer protection offices or nonprofit credit counselors who can offer guidance. But don’t underestimate the value of Consumer Litigation Associates. Identity theft cases can sometimes get messy, maybe the credit bureau didn’t block the information like they should, or a stubborn collector still reports a fake debt as if it were yours. In such cases, an attorney can step in and communicate on your behalf to get things corrected. If a credit bureau or furnishers willfully refuse to fix a clearly fraudulent account, that’s when legal action might be warranted. And remember our discussion of concrete harm: identity theft typically does cause concrete harm, your credit score could be wrecked, you might have been denied credit, and you’ve likely spent considerable time and stress dealing with it. These are real damages. So, if the companies involved aren’t cooperating, a lawsuit under the FCRA could not only help clean up your report but also potentially compensate you for losses. You have a right to be made whole after identity theft, and that includes having your credit report restored to accuracy.

Don’t Wait to Seek Help if You’ve Been Harmed

The TransUnion v. Ramirez ruling introduced the mantra “no concrete harm, no lawsuit” into the world of credit report errors. While this raised the bar for getting into court, it doesn’t mean you’re powerless. If anything, it highlights the importance of taking action early, both to fix errors before they do serious damage and to document the harm when they do occur.

If you discover an error on your credit report, act quickly: dispute it, follow up, and get it corrected through the steps we’ve outlined. By doing so, you might prevent any concrete harm from ever happening (which is the ideal outcome, avoiding the problem in the first place is always better!). But if you have suffered because of a credit reporting error, maybe you lost a loan, paid money you shouldn’t have, or endured significant stress and reputational damage, do not hesitate to seek help. The Fair Credit Reporting Act gives you the right to demand accuracy and to recover damages when sloppy credit reporting hurts you. The law is on your side; it’s just that the process can be complex.

This is where Consumer Litigation Associates can be your advocate. A lawyer who specializes in credit report issues or identity theft can evaluate your situation and tell you if you have a claim. Initial consultations are free, and if you do have a case, the FCRA allows you to recover attorney’s fees from the wrongdoer if you win, meaning it will cost you nothing out of pocket to get legal representation. An experienced attorney can help gather the evidence of your concrete harm (such as denial letters, credit score drops, receipts for out-of-pocket costs, etc.), and they know how to deal with credit bureaus and creditors who ignore complaints. Can you sue if the credit bureaus mess up your credit report? Yes, you can – and you should, when you’ve been truly harmed. Lawsuits have forced credit bureaus to improve their practices and have compensated consumers for serious mistakes.

At the end of the day, your credit report is a cornerstone of your financial life. If it’s been tarnished by errors or fraud, you deserve to have it corrected and your rights vindicated. The Supreme Court’s decision in TransUnion v. Ramirez reminds us that courts are for real injuries – but if you’ve got a real injury, you absolutely belong in court. Don’t let a bureaucratic error or someone else’s wrongdoing ruin your future. If inaccurate credit reporting has hurt you, Call us at (757) 930-3660 or click HERE to contact us for a free case review.

• TransUnion LLC  Ramirez, 594 U.S. ___, 141 S. Ct. 2190 (2021).
• Spokeo, Inc. v. Robins, 578 U.S. 330 (2016).
• Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992).
• Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc., 528 U.S. 167 (2000).
• Fair Credit Reporting Act, 15 U.S.C. §§ 1681–1681x (2021).
• 15 U.S.C. § 1681e(b) (2021).
• 15 U.S.C. § 1681g(a)(1) (2021).
• 15 U.S.C. § 1681g(c)(2) (2021).
• 15 U.S.C. § 1681i(a)(1)(A) (2021).
• 15 U.S.C. § 1681n(a) (2021).
• 15 U.S.C. § 1681c‑1 (2021).
• 15 U.S.C. § 1681c‑2 (2021).
• Consumer Financial Protection Bureau, Fix Errors on Your Credit Report, Consumer Fin. Prot. Bureau, https://www.consumerfinance.gov/consumer-tools/credit-reports-and-scores/disputing-errors-on-your-credit-reports/ (last visited Aug. 6, 2025).
• Consumer Financial Protection Bureau, Sample Letter for Disputing Errors on Your Credit Report (Sept. 3, 2023), https://files.consumerfinance.gov/f/documents/cfpb_sample_dispute_letter.pdf (last visited Aug. 6, 2025).
• Federal Trade Commission, gov, https://www.identitytheft.gov/ (last visited Aug. 6, 2025).

Legal Disclaimer: This blog post is for educational purposes only and does not constitute legal advice. Every case is different, and past results do not guarantee future outcomes. If you have questions about your specific situation, contact Consumer Litigation Associates for more information or assistance (757) 930-3660.