FCRA/FDCPA Violations

What is an FCRA Violation?

  • The Fair Credit Reporting Act (FCRA) is a federal law that regulates the collection of consumers' credit information and access to their credit reports
  • It was passed in 1970 to address the fairness, accuracy, and privacy of the personal information contained in the files of the credit reporting agencies. 
  • The Fair Credit Reporting Act (FCRA) governs how credit bureaus can collect and share information about individual consumers.
  • Violations of the FCRA can carry fines including damages if any are incurred.

What is an FDCPA Violation?

  • The Fair Debt Collection Practices Act (FDCPA) protects debtors from debt collector harassment; debt collectors who take certain actions violate this law.
  • If a collector has violated the FDCPA, you can sue that collector in court. You might be able to recover the following types of damages, including monetary damages, attorneys' fees, and more. (15 U.S. Code § 1692k).

What if you find a violation on my report?

  • If we find any FCRA or FDCPA Violations on your credit report we will notify you of the violation
  • We may ask you for additional information regarding the account to determine if it's truly a violation
  • If we determine that it is a violation, we will discuss with you your options on the account
  • Depending on your state, we are trained to do the pre-work for the attorney - which saves you time and money
  • We will mail letters that are certified to the creditor and/or credit bureau(s)
  • Each violation will have its own letter 
  • Once received, the creditor and/or bureau will have 30 days to resolve the issue
  • If we are unable to resolve the violation, we will turn the information over to a lawyer (with your approval of course), or recommend that you reach out a lawyer regarding the account

What happens now?

  • If you decided to have us move forward with the violation and it isn't resolved by us then we proceed with counsel, again with your approval
  • We would never turn your information over to an attorney without your written consent! 
  • Once the attorney receives all of the needed info (we will supply that) he or she will reach out to you to discuss next steps
  • This process will not cost you any money upfront
  • The lawyer is paid ONLY if you win the case and he/she will take their payment from your winnings

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