If you’ve ever applied for a job or rented an apartment, chances are that the person doing those things has checked your credit report. The law requires that the companies who gather, review and report your personal information (called consumer reporting agencies) follow certain rules to keep the information accurate and fair. If they fail to do so, you might have a case against them. You might also file a lawsuit for damages if the failure causes you harm.
An attorney to sue company for fair credit reporting act lawyer violations can help you do just that. These attorneys specialize in consumer protection and debt settlement, and they have a strong background in FCRA cases. The attorneys can handle all aspects of the litigation including timing, communication, requests, document gathering, negotiation, settlement, and trial. They can make sure that you are compensated for the harm caused by the inaccurate reporting, and they can help you get your records corrected.
You can be awarded damages if you prove that a CRA or information supplier has violated the FCRA. This includes the big three consumer reporting agencies, Equifax, Experian and TransUnion, as well as any specialized agencies that do background or employment screening. Information suppliers include credit card companies, banks, mortgage lenders and credit unions, and any other entities that supply data to the CRAs for inclusion in your report. If these entities are found to have accessed your report incorrectly, you can recover your actual damages plus statutory damages of $100-$1,000 per violation and punitive damages.
Non-economic damages are another possibility if you can show that a wrongful report caused you to suffer a negative mental health outcome. This could be anything from anxiety to a diminished quality of life.
The most common FCRA cases involve allegations that a CRA or information supplier has negligently violated the law. This is a much more serious violation than willful, and it results in greater damages. If you can prove negligence, you can recover all your actual damages and reasonable attorneys’ fees.
In addition, you can sue for statutory damages of $100-$1,000 per negligent violation of the Fair Credit Reporting Act. You can also sue for punitive damages if you can prove willful or reckless violations of the law.
Many employers are ignoring the requirements of the Fair Credit Reporting Act as it applies to background checks and pre-employment screening. When that happens, the employees who are denied jobs or other opportunities because of an error on their report can sue for damages.
Home Depot has been sued by a group of people for violating the FCRA. The class action lawsuit alleges that the home improvement store did not clearly disclose in its application terms that it may use consumer reporting agencies to screen applicants for positions. The law requires that the company clearly state in its terms that it will check an applicant’s credit report as part of the hiring process and provide the applicants with a copy of that report.