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 generally within 30 days, subject to statutory exceptions and extensions 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 may provide remedies for qualifying violations, subject to the applicable legal requirements, proof, and limitations; the availability and amount of any recovery are case-specific.
Reported injuries
Reported concerns and potential losses.
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
Documented emotional distress may be relevant to damages, subject to proof and legal requirements. Time spent alone does not guarantee recovery.
Reinserted disputed information
Deleted items reappearing without proper notice.
Individual review
Facts that may be relevant.
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.
First steps after suspected identity theft
Act through independently verified websites or phone numbers rather than links in unexpected messages. Identity theft and a mixed credit file are different problems, so identify exactly which accounts or entries you do not recognize.
- Contact affected banks or account providers promptly, secure sign-ins, change compromised passwords, and enable multifactor authentication.
- Review reports through AnnualCreditReport.com and save copies showing the disputed entries.
- Consider a free credit freeze with each of the three nationwide credit bureaus; a freeze helps limit new-account fraud but does not correct existing entries.
- Use IdentityTheft.gov to report identity theft and obtain a recovery plan; retain the report and reference number.
- Send specific disputes and supporting documents through verified bureau and furnisher channels; keep copies, delivery records, and responses.
- Track denied applications, fees, higher borrowing costs, and time spent resolving the problem. A report does not guarantee deletion or damages.
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.
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.
Free · Confidential · No obligation
Not sure whether you have a case? Start with a conversation.
Tell us what happened, at your pace. We will listen, answer honestly, and — if we can help — begin quietly, right away.