Credit Disputes and the Fair Credit Reporting Act
(Especially for Massachusetts residents)

If you have an inaccurate credit report, you may have rights under the federal Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.

The FCRA is a powerful statute that allows you legal rights against a credit reporting agency (officially called a “consumer reporting agency”) and the furnisher of inaccurate information to the credit reporting agency. Damages under the FCRA include actual damages, attorney’s fees, emotional distress, and any economic loss you have suffered as a result of negative credit reporting.

Your Rights Under the Fair Credit Reporting Act.

What are your rights under the FCRA? You have many. You must be told if information in your credit report has been used
against you. You have the right to know what is in your credit report. You have the right to obtain your credit score. You have the right to dispute inaccurate information, and to have it removed from your credit report within 30 days. And, you must give your consent for your credit report to be provided to employers.

How to Obtain Your Credit Reports.

Under Massachusetts law, you have the right to obtain one free copy of your credit report from each of the three major credit bureaus each year. The major credit bureaus are Experian, Equifax, and TransUnion. There are other credit bureaus, too, but the big three are the ones that cause the most concern.

You can use the following form to request a free copy of your credit report from the credit bureaus. Credit Report Request Form.

After your first report, additional reports cannot be sold to you for more than $8 under Massachusetts law. If you have already ordered your free report and you need to obtain additional ones, use the following form. Massachusetts Credit Report Request Form.

It typically takes about two weeks to receive your credit reports back.

Review Your Credit Reports.

Once you receive your credit reports back from the credit bureaus, examine them to see if the accounts you have are being reported accurately. Are all accounts on there? Are payments being falsely reported as late? Is your credit report mixed up with someone else’s (this happens a lot)?

File a Credit Report Dispute.

If you have an inaccurate credit report, you will need to make a dispute to each credit bureau separately. It is very important that you use as much detail as possible when you send your dispute. Use names, dates, account numbers, and — most importantly –  supporting documentation.

For instance, if a credit report shows that you didn’t pay your mortgage or credit card bill one month, but you actually made the payment on time, provide a copy of the canceled check showing that you made the payment, along with a copy of your bank statement showing the deduction. This is important because the credit bureau has to compare your evidence with the furnisher’s evidence and make a determination about whose evidence is more credible. The more information you provide about your credit report dispute, the more credible your information is.

You can use the following credit report dispute form. Credit Report Dispute Form. (Use one copy of the form for each dispute to each credit reporting agency.)

NOTE: Make sure you make a copy of the dispute and documentation to keep for your records. Always send the dispute by certified mail. Otherwise, the credit bureaus may claim they didn’t receive your credit report dispute.

Wait for the Results of Your Dispute.

In most cases, the credit bureaus must review your information and respond in writing within 30 days. Hopefully, the inaccurate credit report items will be removed.

Contact a Lawyer if the Inaccurate Credit Report Items Are Not Removed.

In many cases, the inaccurate credit report items are not removed. If this happened to you, it’s time to contact a credit report dispute lawyer. The lawyer must be licensed to practice law in your state. So, if you live in Massachusetts (where our firm is), contact someone here, such as our office, Culik Law PC. In most cases, we can take your case on a contingency, meaning that we get paid only if you get paid.

If you don’t live in Massachusetts, you can find a consumer-law attorney through the National Association of Consumer Advocates, a group of attorneys that has taken a pledge never represent businesses against consumers.