Consumer Protection · Identity Theft
Identity Theft
Fair Credit Reporting Act — when disputes are ignored
When you dispute a fraudulent account or a mixed credit file with a credit bureau, the Fair Credit Reporting Act (FCRA) requires them to conduct a 'reasonable reinvestigation' and remove information that is inaccurate or cannot be verified. When the bureaus and their furnishers ignore that duty, the FCRA provides real remedies — actual damages, statutory damages, punitive damages, and attorneys' fees.
Background
What this litigation is about.
The FCRA requires credit reporting agencies (Equifax, Experian, TransUnion, and specialty bureaus like LexisNexis and ChexSystems) and 'furnishers' (banks, lenders, collection agencies) to ensure the accuracy of information they report. When a consumer disputes an item, the bureau must conduct a reasonable reinvestigation within 30 days and correct or delete inaccurate information.
The most common fact patterns are (1) identity theft — a fraudulent account opened in your name that the bureau or furnisher continues to report after you dispute it; (2) mixed files — where the bureau merges your file with someone else's (often a family member with a similar name or SSN); and (3) obsolete or reinserted information that should have been removed.
The FCRA allows a consumer to recover actual damages (including emotional distress and denials of credit, housing, or employment), statutory damages of $100–$1,000 per willful violation, punitive damages for willful conduct, and attorneys' fees and costs.
Reported injuries
Complications documented in this litigation.
Fraudulent accounts continuing to appear
Bureau or furnisher refuses to delete accounts you never opened.
Mixed credit files
Your file merged with someone else's, causing collections or judgments that are not yours to appear on your report.
Denial of credit, housing, or employment
A tenant screening report, mortgage application, or job background check produced an adverse result based on the inaccurate information.
Emotional distress
Anxiety, humiliation, and time spent chasing bureaus and furnishers — recoverable under FCRA.
Reinserted disputed information
Deleted items reappearing without proper notice.
Who may qualify
An honest self-check.
You disputed a fraudulent account, mixed file, or inaccurate item with one or more credit bureaus (in writing, ideally certified mail).
The bureau or furnisher failed to correct or delete the information after a reasonable time.
You have copies of your dispute letters and the credit reports showing the inaccurate information.
You have suffered a concrete harm — credit denial, higher rates, housing denial, or documented distress.
Key events
A timeline of what has happened so far.
1970
Congress enacts the Fair Credit Reporting Act.
2003
FACT Act amends the FCRA — adds identity theft procedures, free annual credit reports, and stronger furnisher duties.
2017
Equifax data breach exposes personal data of ~147 million Americans; consumer awareness of FCRA rights spikes.
Ongoing
CFPB and state AGs continue enforcement actions against bureaus and major furnishers.
Frequently asked
Questions answered plainly.
Information current as of 2026. This page is for general information only, is not legal advice, and does not create an attorney-client relationship. Case statuses, MDL orders, and settlement terms change; call our office for a current review of your specific situation.
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